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Keeping Filipinos Addicted
Issues and Problems in the War
against Drugs
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INTRODUCTION
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What are drugs?
Drugs are chemical substances that bring
about physical, emotional or behavioral
changes in a person taking it. These are
considered harmful when taken excessively.
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What are dangerous drugs?
Medicine
There is no clear, single
medical definition of
dangerous drugs.
However, it seems that all
drugs have the potential to be
dangerousif abused, or
taken in excess.
Law
RA 9165 provides specific lists
of substances considered to be
dangerous drugs.
Examples of these are
shabu, marijuana, and opium,
among others.
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In the Philippines
The old law defined dangerous drugs as referring to
either prohibited or regulated drugs.
The new law has removed this distinction. All drugsare regulated.
Drugs deemed dangerous are either
completely prohibited, or subject to regulations in
The Philippines.
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In the Philippines
The concept of a recreational drug does not
exist because our social norms do not allow it.
Instead, we have socially acceptable addictive
substances such as alcohol, nicotine, and
caffeine.
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RA 9165
Comprehensive Dangerous Drugs Act
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Comparison
RA 6425
1. Created the Dangerous
Drugs Board
2. No PDEAother lawenforcement agency?
3. ?
4. Prosecution of bothdrug pushers and drug
users
RA 9165
1. Revived the Dangerous
Drugs Board
2. Created the PhilippineDrug Enforcement
Agency
3. Rehabilitation4. Treatment of drug
users as victims
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RA 9165
1. Inapplicability of the RPC, unless the offender
is a minor
2. No plea-bargaining
3. Disqualification under the Probation Law
4. Testing positive for use of drugs as a
qualifying aggravating circumstance5. Informant immunity
6. Rehabilitation
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Crimes under RA 9165
Trade
Drug den, dive or resort
Manufacture / Cultivation Possession
Use
Others (Records, Prescription) Attempt or Conspiracy
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SEC 20: CONFISCATION ANDFORFEITURE
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SEC 21: CUSTODY AND DISPOSITION
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DISPOSITION FLOWCHART
(SECTION 21 OF RA 9165)
SEIZURE / CONFISCATION
INVENTORY / PHOTOGRAPH
PDEA Forensic Laboratory
(conducts quantitative and qualitative exam)
immediately
Within 24 hours
Within 24 hours
Complete Laboratory Result issued (under
oath)
Partial Result Issued
If not manageableIf volume manageable
Within 24 hours
72 hrs. after filing of case in court
continuation
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continuation
Within 24 hours
COURT (THRU PDEA) SHALL CAUSE DESTRUCTION/BURNING
(provided a representative sample recorded and retained)
Board Issues Sworn Certification of Destruction/Burning& Representative Sample (w/ PDEA) Forwarded to Court for Evidence
RESOLUTION OF CASE / COURT DECISION
DESTRUCTION / BURNING OF REPRESENTATIVE SAMPLE
Within 24 hours from receipt of evidence
OCULAR INSPECTION
immediately
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DRUG LAW POLICY-MAKING ANDENFORCEMENT BODIES
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Dangerous Drugs Board
Sec 77: The Board shall be the policy-making
and strategy-formulating body in the planning
and formulation of policies and programs on
drug prevention and control. It shall developand adopt a comprehensive, integrated,
unified and balanced national drug abuse
prevention and control strategy.
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Five Pillars
1. Information dissemination
2. Demand reduction
3. Supply reduction4. Alternative development
5. International cooperation
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Adding to the List
How do they choose new prohibited drugs?
Who uses what?
Degree of abuse
Effects on person himself
They have never declassified any drugs.
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DDB Programs
Seminar for judges
Workshops for different agencies (Police,
PDEA agents, NBI, prosecutors)
Facilitate and stabilize inter-agency cooperation
Reduce the lapses in procedure
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DDB Partner Agencies
DOJ
DILG
CHED
DOLE
DFA
NYC NBI
DOH
DEPED
DSWD
DND DOF
PDEA
PNP
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Philippine Drug Enforcement Agency
Sec 82: To carry out the provisions of this Act,
the PDEA, which serves as the implementing
arm of the Board, and shall be responsible for
the efficient and effective law enforcement ofall the provisions on any dangerous drug
and/or controlled precursor and essential
chemical as provided in this Act.
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Drug Operations
Buy Bust Operation
Stakeout
Preventive measures in airports and ports
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PDEA Reveals
Clandestine laboratories
Smuggling and importation
Drug hotspots Coordination with foreign agencies
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Prices of Drugs
Shabu 0.1 ounce = 500 pesos
5 grams = 10-15k if theres a shortage of
supply
Ecstacy = 1,200k per tablet
Cocaine = 3k per gram
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Carrying Drugs Around
Imagination is the limit.
Ingestion, kid runner, homing pigeons, dry
mules, body pads, insertion into various
orifices of the body, Pilot pen capsules,
carpeting, etc.
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Oversight Committee
The Congressional Oversight Committee on
Dangerous Drugs shall set the guidelines to
monitor and ensure the proper
implementation of RA 9165. It shall submitperiodic reports to the President and
Congress, and determine inherent weaknesses
in the law and recommend the necessarymeasures.
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THE WAR AGAINST DRUGS
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Drug Use in the Philippines
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SEX: Ratio of male to female is 9:1
CIVIL STATUS: Single 56.94%
EDUCATIONAL ATTAINMENT: High School level
30.62%
STATUS OF EMPLOYMENT : Unemployed (32.82%)
PLACE OF RESIDENCE: Urban (Specifically NCR)
DURATION OF DRUG TAKING: More than six (6)years
NATURE OF DRUG TAKING : Poly drug use
Profile of Drug Users
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Most Abused Drugs
Abuse
Shabu
Marijuana
Inhalants
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Rehabilitation Programs
Voluntary submission
Compulsory confinement
Minors
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PROBLEM AREAS
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Prosecuting under RA 9165
MISMATCH
Time
Resources
Culture
Coordination with other government units
Other special penal laws
Geographical situation
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Prosecuting under RA 9165
PERCEPTION
Drugs
Addiction
Drug users
KNOW THY ENEMY Changes in modus operandi
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Controversies
Narco-politics
Alabang Boys
Drug testing
Sec 36, (f) and (g)
Boratong
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CONCLUSION ANDRECOMMENDATIONS
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Conclusions and
Recommendations
Redefine the problem of drugs
Increase DDB budget
Do not equate drugs with money
Lower the penalty of Possession to a
misdemeanor
Establish thresholds Bring back option for Plea Bargain
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Conclusions and
Recommendations
Corruption
Red tape
Technology
Abuse of the voluntary submission program
Dealth penalty
Include drug crimes in Crimes AgainstHumanity
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Conclusions and
Recommendations
Amend the law
Probation
Plea-bargaining
Section 5
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Thank you.