By: Allen Boy Evangelio

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 readmitted 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)

Life Imprisonment to Death and a fine ranging from P 500, 000 to P 10 Million

Illegal Chemical Diversion of Controlled Precursors and Essential Chemical (Sec. 9)

Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P 100, 000 to P 500, 000

Manufacture or Delivery of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 10)

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 (sec. 11)

Life Imprisonment to Death and a fine ranging from P 500, 000 to P 10 Million

Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs (sec. 12)

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 keeping of the original records of transaction on any dangerous drug and/or controlled precursors and Essential Chemicals on the part of practioners, manufactures, wholesalers, importers, distributors, dealers, or retailers (sec. 17)

Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging from P 100, 000 to P 500, 000 Plus revocation of license to practice profession

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 exofficio, 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.