Keeping Filipinos Addicted

Issues and Problems in the War against Drugs

INTRODUCTION

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.

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.

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 drugs are regulated. Drugs deemed dangerous are either completely prohibited, or subject to regulations in The Philippines.

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.

Comprehensive Dangerous Drugs Act

RA 9165

Comparison
RA 6425 1. Created the Dangerous Drugs Board 2. No PDEAother law enforcement agency? 3. ? 4. Prosecution of both drug pushers and drug users RA 9165 1. Revived the Dangerous Drugs Board 2. Created the Philippine Drug Enforcement Agency 3. Rehabilitation 4. Treatment of drug users as victims

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 circumstance 5. Informant immunity 6. Rehabilitation

Crimes under RA 9165

Trade Drug den, dive or resort Manufacture / Cultivation Possession Use Others (Records, Prescription) Attempt or Conspiracy

SEC 20: CONFISCATION AND FORFEITURE

SEC 21: CUSTODY AND DISPOSITION

DISPOSITION FLOWCHART (SECTION 21 OF RA 9165)

SEIZURE / CONFISCATION immediately INVENTORY / PHOTOGRAPH Within 24 hours PDEA Forensic Laboratory (conducts quantitative and qualitative exam) Within 24 hours If volume manageable Complete Laboratory Result issued (under oath) If not manageable Partial Result Issued Within 24 hours

72 hrs. after filing of case in court

continuation OCULAR INSPECTION

Within 24 hours

COURT (THRU PDEA) SHALL CAUSE DESTRUCTION/BURNING (provided a representative sample recorded and retained)
immediately

Board Issues Sworn Certification of Destruction/Burning & Representative Sample (w/ PDEA) Forwarded to Court for Evidence

RESOLUTION OF CASE / COURT DECISION

Within 24 hours from receipt of evidence

DESTRUCTION / BURNING OF REPRESENTATIVE SAMPLE

DRUG LAW POLICY-MAKING AND ENFORCEMENT BODIES

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 develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy.

Five Pillars
1. 2. 3. 4. 5. Information dissemination Demand reduction Supply reduction Alternative development International cooperation

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.

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

DDB Partner Agencies

DOJ DILG CHED DOLE DFA NYC NBI DOH DEPED DSWD DND DOF PDEA PNP

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 of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act.

Drug Operations
Buy Bust Operation Stakeout Preventive measures in airports and ports

PDEA Reveals
Clandestine laboratories Smuggling and importation Drug hotspots Coordination with foreign agencies

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

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.

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 submit periodic reports to the President and Congress, and determine inherent weaknesses in the law and recommend the necessary measures.

THE WAR AGAINST DRUGS

Drug Use in the Philippines

Profile of Drug Users

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

Most Abused Drugs

Abuse

Shabu Marijuana Inhalants

Rehabilitation Programs
Voluntary submission Compulsory confinement Minors

PROBLEM AREAS

Prosecuting under RA 9165

MISMATCH Time Resources Culture Coordination with other government units Other special penal laws Geographical situation

Prosecuting under RA 9165

PERCEPTION Drugs Addiction Drug users KNOW THY ENEMY Changes in modus operandi

Controversies
Narco-politics Alabang Boys Drug testing
Sec 36, (f) and (g)

Boratong

CONCLUSION AND RECOMMENDATIONS

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

Conclusions and Recommendations

Corruption Red tape Technology Abuse of the voluntary submission program Dealth penalty Include drug crimes in Crimes Against Humanity

Conclusions and Recommendations

Amend the law
Probation Plea-bargaining Section 5

Thank you.