MODULE IV

BY: ALLEN BOY EVANGELIO

A. GOVERNMENT LAWS AND STRATEGIES

When R.A. 6425, also known as the Dangerous Drug

Act of 1972 was promulgated in March 30, 1972, estimated
20, 000 Filipino drug users were recorded. The execution of
LIM SENG in 1972 dried up the supply of heroin in the streets
and from then on, this drug never recovered its marketability.
On November 9, 1972, Presidential Decree No. 44
procedurally amended section 4 of R.A. 6425.
By the year 1980, the number of drug users increased
to 250, 000 in the country.
 Presidential Decree No. 1675 as supplemented by General
Order No. 65; Presidential Decree No. 1683, and Presidential
Decree No. 1708 which were all procedural in the nature were
promulgated to supposedly give more teeth to out drug laws.

1981- despite intensive Drug law enforcement efforts and

passage of laws, the rise of drug use continued. It was in this year,
that foreign drugs syndicates used our shores as a transit point of
heroin and cocaine traffic. Metro manila still remained as the
center of drug activity accounting 24% of the total arrests. By this
time there were 312, 000 drug users.

1982- Batasang Pambansa Bilang 179 effected another

procedural amendment to RA 6425. The law itemized prohibited
drugs and its derivatives.
1983- there were already 343, 750 drug users and more
non-government organizations started to assist the
government’s demand reduction program.

1984- the Philippine was slowly emerging as a source

1986- drugs users commonly practice poly-drug abuse,

majority of them belong to the 15-24 age group. The
number of drug population increased to 450, 000 arrests
and seizure were double intensified supply reduction effort
by the drug law enforcement agencies in the Philippines
1987- emergence of Methampethamine
Hydrochloride or shabu as a popular drug abuse. It was also
during this time that Hongkong base syndicates engage in
trafficking of Methampethamine initially established tie-ups
with Filipino-Chinese drug syndicates.
-The Philippine Constitution of 1987 abolished death as
a penalty under RA 6425. Coincidentally, the removal of death
in 1987 started the rise of the Chinese syndicate using shabu
as their main trade.
1988- statistics showed that there were 480, 000 drug users
in the Philippines, 70% of which were in Metro Manila.
1989- Shabu emerge as the second most popular drug of
abuse next to MJ. Cough syrup preparations continued to be
drug of abuse.

1990- Shabu abuse continues to rise. There were 500, 000

drug users recorded in 1990. the profile of drug abuse
drastically changed. Shabu’s popularity was at par with MJ,
wherein there were 600, 000 drug users recorded.

1992- the government continued to pursue vigorous

programs of actions against the drug problem.
1993- there were 800, 000 drug users recorded dubbing
that year. RA 6425 was further amended certain activities
under illicit drug trafficking.

-The death penalty was restored on December 13,

1993. The new law did not really strengthen RA 6425 but
rather made drug law enforcement more difficult, because
what is being punish now is the quantity of drugs seized and
no longer the act or intention of drug pushing.
1994- the drug problem became more pressing despite
sustained implementation of the National Drug Control and
Prevention Strategy of supply reduction and demand
reduction.

1995- Shabu and Cannabis abuse were persisted in the illicit

drug market. The average of age of drug user became much
wider for the female sex - 9:1
-For the year 1995, abuse of shabu increased by
75.09%. More buy-bust operation were launched against
merchants of death majority of whom were Chinese triad
members.
1996- more high level Shabu interdictions were launched.
Various drugs enforcers were agitated to work against the
drug pipelines and the people behind them. At the treatment
and rehabilitation centers, the number of new and re-
admitted cases increased in 1996 by 19% and 20%
respectively.

1997- despite the surmounting accomplishments in supply

and demand reduction with the PNP Narcotics Group seizing
multi-billion pesos worth illicit drug, not to mention the
billions of pesos more seized by the other PNP Units including
PARAC of DILG, the drug user population increased to 1.7
million
 The national drug strategy is built on the principles
of supply and demand reduction. One key response to
drug use and trafficking is an aggressive and coordinated
law enforcement. This is the centerpiece of the Supply
Reduction Program. On the other hand, drug treatment
and prevention programs are the other important
components of the national strategy. These are the main
components of demand reduction. But from all
indications and despite the government strategy, the
rise of drug abuse is always threatening. New counter
measures must be develop and implemented.
 Today there are many measures undertaken by both
the private and the government sectors in the fight against
drug abuse disease of society. This includes the major
approaches as the law enforcement approach, Treatment and
Rehabilitation Approach, Educational Approach, International
efforts against drug abuse.
Importantly, the Comprehensive Dangerous Drugs Act
of 2002 or Republic Act No. 9165 was enacted to add more
teeth on the government response to the ongoing problem
on drug abuse in the country.
B. REPUBLIC ACT NO. 9165: Important Features
R.A. 9165- COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2002 (Approved on June 7, 2002-Effective July 4, 2002)

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the
1961 Single Convention on Narcotics Drugs, as amended by
the 1972 Protocol, and the schedules to the 1971. Single
Convention on Psychotropic Substances (Art 1, Sec. 3)
Ex.
MMDA-Methylenedioxymethamphetamine (Ecstacy)
Tetrahydrocannabinol (MJ); Mescaline (Peyote)
What are the Controlled Precursors and Essential Chemicals?
Includes those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Art 1,
Sec 3)
Ex. Table 1- Acetic Anhydrie
N-Acetyl Anthranilic Acid
Table 2- Acetone, Ethyl Ether, Hydrochloric Acid Sulfuric Acid, etc.

NOTE:
Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs
refers to the Prohibited drugs, Regulated drugs and Volatile substances.

Prohibited Drugs- ex. Opium and its derivatives, Cocaine and its
derivatives, Hallucinogen drugs like MJ, LSD, and Mescaline
Regulated drugs- ex. Barbiturates, Amphetamines, Tranquilizers
Volatile Substances- ex. rugby, paints, thinner, glue, gasoline
Table 8. What are the Unlawful Acts and
Penalties?
Unlawful Acts Penalty
Importation of Dangerous drugs and/or Life Imprisonment to Death and a fine
Controlled Precursors and Essential ranging from P 500, 000 to P 10
Chemicals (Sec. 4) Million
Sale, Trading, Administration, Life Imprisonment to Death and a fine
Dispensation, Delivery, Distribution and ranging from P 500, 000 to P 10
transportation of Dangerous Drugs and/or Million
Controlled Precursors and Essential
Chemicals (Sec. 5)
Maintenance of a Den, Dive or Resort Life Imprisonment to Death and a fine
where dangerous drugs are used or sold in ranging from P 500, 000 to P 10
any form (Sec. 6) Million

Being an employee or visitor of a den, dive Imprisonment ranging from 12 yrs

or resort (Sec. 7) and 1 day to 20 yrs and a fine ranging
from P 100, 000 to P 500, 000
Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals (Sec. 8)
Illegal Chemical Diversion of Controlled
Precursors and Essential Chemical (Sec. 9)
Manufacture or Delivery of Equipment,
Instrument, Apparatus and other
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals (Sec. 10)
Possession of Dangerous Drugs (sec. 11)
Possession of Equipment, Instrument,
Apparatus and other Paraphernalia for
Dangerous Drugs (sec. 12)
Life Imprisonment to Death and a fine
ranging from P 500, 000 to P 10 Million
Imprisonment ranging from 12 yrs and
1 day to 20 yrs and a fine ranging from
P 100, 000 to P 500, 000
Imprisonment ranging from 12 yrs and
1 day to 20 yrs and a fine ranging from
P 100, 000 to P 500, 000
Life Imprisonment to Death and a fine
ranging from P 500, 000 to P 10 Million
Imprisonment ranging from 12 yrs and
1 day to 20 yrs and a fine ranging from
P 100, 000 to P 500, 000
Possession of dangerous Drugs during Parties, The maximum penalties provided for Sec. 11.
Social Gatherings or Meetings (sec. 13), and
Possession of Equipment, Instrument,
Apparatus and other Paraphernalia for
Dangerous Drugs during Parties, Social
Gatherings or Meetings (sec. 14)
Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st offense),
Imprisonment ranging from 12 yrs and 1 day
to 20 yrs and a fine ranging from P 500, 000 to
P 200, 000 (2nd Offense)

Note:
Section 15 shall not applicable where the person tested is also
found to have in his/her possession such quantity of any dangerous
drug provided in sec. 11, in which case the penalty provided in sec.
11 shall apply.
Cultivation of Plants classified as dangerous Life Imprisonment to Death and a fine ranging
drugs or are sources thereof (sec. 16) from P 500, 000 to P 10 Million

Failure to comply with the maintenance and Imprisonment ranging from 12 yrs and 1 day
keeping of the original records of transaction to 20 yrs and a fine ranging from P 100, 000 to
on any dangerous drug and/or controlled P 500, 000
precursors and Essential Chemicals on the Plus revocation of license to practice
part of practioners, manufactures, profession
wholesalers, importers, distributors, dealers,
or retailers (sec. 17)
Unnecessary Prescription of Dangerous Drugs Imprisonment ranging from 12 yrs and 1 day
(sec. 18) to 20 yrs and a fine ranging from P 100, 000 to
P 500, 000
Plus revocation of license to practice
profession

Unlawful Prescription of Dangerous Drugs Life Imprisonment to Death and a fine ranging
(sec. 19) from P 500, 000 to P 10 Million
Note:
The possession of Dangerous drugs in the following quantities, regardless of
degree of purity: 10 grams or more of opium; morphine; heroin; cocaine; MJ resin; 10
grams or more of MMDA, LSD and similar dangerous drugs; 50 grams or more of
“shabu”/ Methamphetamine Hydrochloride; 50 grams or more of Marijuana.
If the quantity involved is less than the foregoing, the penalties shall be
graduated as follows:

1. Life imprisonment and a fine ranging from P 400, 000 to P 500, 000 if
“shabu” is 10 grams or more but less thean 50 grams;

2. Imprisonment ranging from 20 yrs and 1 day to Life imprisonment and a

fine ranging from P 400, 000 to P 500, 000 if the quantities of dangerous drugs are 5
grams or more but less than 10 grams of opium, morphine, heroin, cocaine, mj resin,
shabu, MMDA, LSD and 300 grams or more but less than 500 grams of marijuana.

3. Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging
from P 300, 000 to P 400, 000 if the quantities of dangerous drugs are less than 5
grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, LSD and less than
300 grams of marijuana.
The Unlawful Act Punishable by Death Penalty
(Prior to the abolition of Death Penalty)

1.Importation or bringing into the Philippines of

dangerous drugs using diplomatic passport or facilities
or any means involving his/her official status to facilitate
unlawful entry of the same (sec. 4 , Art II).
2.Upon any person who organizes, manages or acts as
“financiers” of any of the activities involving dangerous
drugs ( sec 4, 5, 6, 8 Art II).
3. Sale , Trading, Administration, Dispensation, Delivery,
Distribution and transportation of Dangerous drugs and /or
Controlled Precursors and Essential Chemicals with in 100
meters from the school ( sec 5, Art II).

4. Drugs pushers who use minors or mentally incapacitated

individuals as runners, couriers, and messengers or in any
other capacity directly connected to the dangerous drug
trade (sec 5, Art II).

5. If the victim of the offense is a minor or mentally

incapacitated individual , or should a dangerous drug
and/or controlled precursors and essential chemical
involved in the offense be the proximate cause of death of
the victim (sec 5, Art II).
6. When dangerous drug is administered, delivered or
sold to a minor who is allowed to use the same in such
a place (sec 6, Art II).

7. Upon any person who use a minor or mentally

incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs (sec 10, Art II).

8. Possession of dangerous Drugs during Parties, Social

Gatherings or Meetings (sec. 13), and Possession of
Equipment, Instrument, Apparatus and other
Paraphernalia for Dangerous Drugs during Parties,
Social Gatherings or Meetings (sec. 14)
What is the Dangerous Drugs Board (DDB)?

The DDB is the policy –making body and

strategy-making body in the planning and formulation
of policies and programs on drug prevention control.
(under the Office of the President) (sec. 77, Art IX)

Composition: 17 members (3 as permanent, 12 as ex-

officio, 2 regular members) (sec. 78, Art IX)
What are the Powers and Duties of the DDB?
1. Formulation of Drug Prevention and Control
Strategy,
2. Promulgation of Rules and Regulation to carry out
the purposes of this Act,
3. Conduct policy studies and researches,
4. Develop educational programs and info drive,
5. Conduct continuing seminars and consultations,
6. Design special training,
7. Coordination with agencies for community service
programs,
8. Maintain international networking
What is the PDEA?

PDEA means Philippine Drug Enforcement

Agency

It is the implementing arm of the DDB and

responsible for the efficient and effective law
enforcement of all the provision on any dangerous
drugs and/or precursors and essential chemicals.
What are the Powers and Functions of the PDEA?
(sec 84, Art IX)
1. Cause the effective and efficient implementation of the
national drug control strategy,
2. Enforcement of the provisions of Art II of this Act,
3. Undertake investigation, make arrest and apprehension
of violators and seizure and confiscation of dangerous
drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug
agencies.
Anti-Drugs Drives and Operational Concepts
The Operational Plans (OPLANS) against the Drug Problem
are:

1. Oplan Thunderbolt I- operation to create impact to the

underworld

2. Oplan Thunderbolt II- operation to neutralize suspected

illegal drug laboratories

3. Oplan Thunderbolt III- Operation for the neutralization

of big time drug pusher’s drug dealers and drug lords.