Cdi 6 Drug Education and Vice Control
Cdi 6 Drug Education and Vice Control
The word "drug" is believe to had originated from Old French word "drogue", then
later changed into the term "droge-vate" from Middle Dutch meaning "dry barrels"
that refers to medicinal plants preserved in them. (Douglas Harper, Online
Etymology Dictionary, 2000)
2. Drugs have a potential of addiction while medicines (in the general sense) don’t
lead to such.
4. Drugs are substances that can still cure diseases to some extent but can have
severe adverse effects if used more than what’s necessary.
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GENERAL HISTORY OF DRUGS
Drug use and abuse is as old as mankind itself. Human beings have always
had a desire to eat or drink substances that make them feel relaxed, stimulated, or
euphoric. Humans have used drugs of one sort or another for thousands of years.
Wine was used at least from the time of early Egyptians, narcotics from 4000 B.C.
and medicinal use of marijuana has been dated to 2737 B.C in china.
As time went by, Home Remedies were discovered and used to alleviate
aches, pains and other ailments. Most of these preparations were herbs, roots,
mushrooms or fungi. They had to be eaten, drunk, rubbed on the skin, or inhaled to
achieve the desired effect.
One of the oldest records of such medicinal recommendations is found in the
writing of the Chinese scholar-emperor Shen Nung who lived in 2735 BC. He
compiled a book about herbs, a forerunner of the medieval pharmacopoeias that
listed all the then-known medications. He was able to judge the value of some
Chinese herbs. For example, he found that Ch’ang Shan was helpful in treating
fevers; Ch’ang Shan is antimalarial in Chinese medicine and It has emetic effects.
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Regarding marijuana, another notable herb that has its hallucinogenic effect,
historians credited it [Cannabis Sativa] as the world‘s oldest cultivated plant started
by the Incas of Peru.
GENERAL DRUG CATEGORY
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CRIMINOLOGICAL CLASSIFICATION OF DRUGS
1. PRESCRIPTIVE DRUGS
These are drugs requiring written authorization from a doctor to allow
its purchase. They are prescribed according to the individual’s age,
weight and height and should not be taken by anyone else.
3. UNRECOGNIZED DRUGS
These are commercial products that have a psychoactive drug effects
but are not usually considered as drugs. These substances are not
generally regulated by the law except insofar as standards of
sanitation and purity is required.
4. ILLICIT DRUGS
These are drugs whose sale, purchase, use or manufacture is generally
prohibited by law. Criminal penalties usually apply to violators of these
laws.
Drugs work in our body in a varied ways. They interfere with microorganisms
(germs) that invade our body, destroy abnormal cells that cause illness, replace
deficient substances (such as hormones or vitamins), or change the way that cells
work in our body. Most drugs act within our cell. Similar to common body
chemicals, drugs enters on cell and participates in the normal sequence of a cellular
process. Thus, drug may later, interfere on the established cellular life cycle,
hopefully for the betterment of the person. The actual action of a particular drug
depends on its chemical makeup.
When two drugs are taken together or taken within a few hours of each
other, they have the tendency to interact with each other a d may yield an un-
expected result. This is one of the reasons why a physician always asked the names
of drugs the patient is using.
DOSE
A dose of drug refers to the amount taken by the patient at one time. The
dose taken becomes extremely important part of developing drug abuse. There are
many factors taken into consideration when deciding a dose of drug - including age
of the patient, weight, sex, ethnicity, liver and kidney function and whether the
patient smokes or drinks alcohol. Other medicines may also affect the drug dose.
1. Minimal dose – The amount needed to treat or heal that is, the smallest
amount of a drug that will produce a therapeutic effect.
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3. Toxic dose – amount of drug that produces untoward effects or symptoms of
poisoning
4. Abusive dose – amount needed to produce the side effects and action
desired by the individual who improperly uses it.
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5. Iontophoresis – the introduction of drugs into the deeper layers of
the skin by the use of special type of electric current for local effect.
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DANGEROUS DRUGS
1. Depressant – These are drug that has the effect of depressing the central
nervous system. They decrease or depress body function and nerve activity.
Depressants drugs include sedative, hypnotics and tranquilizers.
2. Stimulant – These are drug having the effect of stimulating the central
nervous system. These are drugs that produce a feeling of well-being.
Cocaine and amphetamine are the most common stimulant.
4. Inhalants – Although not a drug but these are household and industrial
chemicals whose volatile vapors or pressurized gases are concentrated and
breathed in via the nose or mouth and produces intoxication, in a manner not
intended by the manufacturer.
DEPRESSANT (downer)
These are drugs that suppresses the vital body function especially those of
the brain or central nervous system with the resulting impairment of judgment,
hearing, speech, and muscular coordination. They dull minds, slow down the
body reactions to such an extent that accidental deaths and/or suicides usually
happen.
LEGAL DEPRESSANTS
Alcohol – Alcohol is the most general legal depressant. There are different types of
alcohol such as beer, wine and liquor. Alcohol acts a psychoactive drug that
weakens attention and reduces reaction speed. Alcohol overdose affects the brain
resulting in slurred speech, clumsiness and delayed reflexes. Other physiological
impacts include altered insight of space and time, weakened psychomotor skills,
affecting balance. Instant effects of alcohol intoxication include slurred speech,
sleep problems, nausea and vomiting. Even when you consume low doses, alcohol
impairs judgment and coordination considerably.
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medicines to cure seizures. The most common Benzoz include xanax, activan and
valium. Benzodiazephine overdose can be dangerous. It can be very addictive.
ILLEGAL DEPRESSANTS
Opium – narcotic drug produced from the drying resin of unripe capsule of the
opium popy, papaver somniferum. Opium is grown mainly in Myanmar (formerly
Burma) and Afghanistan
Street name: weed, pot, dope, grass, reefer, herb, nuggets, blaze,
rope etc.
Morphine – most commonly used and best used opiate. It is effective as painkiller
six times potent than opium, with a high dependence producing potential, morphine
exerts action characterized by analgesia, drowsiness, mood changes and mental
clouding.
Heroin – it is derive from morphine. It is three to five times more powerful than
morphine from which it is derived and the most addicting opium derivative. With
continued use, addiction occurs within 14 days. It is the most powerful opium
derivative.
STIMULANT (uppers)
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These are drugs that produced excitation, alertness and wakefulness, intense
feeling of “highness” and in some cases, a temporary rise in blood pressure and
respiration.
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Street name: blanca, crack, flake, gold dust, haven dust, line
HALLUCINOGEN (psychedelics)
Lysergic Acid Diethylamide (LSD) – this drug was first synthesized by Dr. Albert
Hoffman and Dr. Arthur Steel from the ergot plant – a fungus that parasites rye and
other grains and diethylamide portion.
Peyote – This drug was derived from a small gray brown cactus. Peyote emits a
nauseating odor and its user is commonly those who suffer from nausea. The drug
causes no physical dependence and therefore, no withdrawal symptoms.
-
Mescaline – this is the active ingredient of peyote cactus.
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Morning Glory Seed – known as lysergic acid amide. Hallucinogenic affect may
last for 4-5 hours and later may be followed by depression, laziness, and complete
loss of time and space perception.
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SEVEN ADDITIONAL SUBSTANCES INCLUDED IN THE LIST OF DANGEROUS
DRUGS (PDEA, 2016)
Street Name: Apache, Good fella, Jackpot, TNT, Murder 8 and Tango and
Cash.
Recreational use of MT-45 has been associated with hearing loss and
unconsciousness.
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The term “Bombing” as operationally defined in the way of consumption -
refers to the practice of wrapping powdered Para - Methylaminorex in
cigarette paper (or similar) before swallowing,
Jargon Meaning
“opiate” - narcotic
“on the nod/ nodding” - the state produced by opiates like being
suspended on the edge of sleep
“juni” - heroin
“speed” - amphetamines
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“speed freaks” - amphetamine addict
“joint” - an MJ cigar
Terms to ponder:
Drug Dependence is an adaptive state that develops from repeated drug
administration, and which results in withdrawal upon cessation of drug use
While Drug Addiction is a distinct concept of Drug Dependence, is defined
as compulsive, out-of-control drug use, despite negative consequences.
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Genetical tendency - Some people are more susceptible to developing an
addiction. The biological make up of other individual may play an important role in
acquiring drug addiction.
Peer pressure - Peer pressure affect young people because they place a high
value on what their friends think and do and they desire to ‘fit in’ with their peer
group. Which then, if that group takes drugs, or smokes cigarettes or enjoys
drinking then the pressure is there to do the same.
Stress – Working for longer hours to provide a decent standard of living without
finding time to relax. Going for a few drinks after work is one way of relaxing as is
taking drugs such as cocaine at parties. Many individuals use this way of coping
with stress which eventually turn into habits, and that habituation may turn into
addiction.
Use of highly potent drugs - Some drugs is much more addictive than others, for
example cocaine, heroin and amphetamines can cause addiction after just one use.
Other drugs require several sessions before they result in an addiction.
Availability of drugs - If a drug is easier to get hold it will show higher rates of
addiction than something which is difficult to obtain. The availability of the illicit
drugs increases the tendency of individuals residing on that area to use drugs.
2. Tolerance – This refers to the tendency of the user to increase the dose of
the drug to produce the same effect as to that of the original effect.
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4. Psychological Dependence – Emotional and mental discomfort exist to the
individual. The drug addict feels he cannot do without drug, consequently if
he does not take the drug his mental processes are affected. He cannot carry
out his work efficiently.
The symptoms of drug abuse will vary depending upon the substance, the
individual’s genetic makeup, the length of abuse, and the frequency of abuse. Some
of the common symptoms of drug abuse may include
WHAT TO OBSERVE?
1. Change in interest – Users may lose interest in their studies and in their
work, They may fail in school, shift from one course to another, transfer of
school of lower standards until eventually drop out.
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3. Change in behavior – They usually spend a lot of time in the company of
known drug users in the community.
A drug user under the influence of drugs may be observed to manifest the
following changes on behavior;
a. Lack of ambition, reduced attention span, poor quality of school work, and
impaired communication skills.
b. Less care for the feeling of the others, lessening of accustomed family
warmth
a. Neglect of persons appearance and hygiene, pale face, red eyes, dilation
or constricted pupils, and wearing sunglasses at wrong place.
2. BACKGROUND CHECK
Information relative to drug use must be collected to determine
whether the suspected individual is indeed a drug user, it must be done
through the following means
Interview
The best information is from the patient himself, if not possible the
parent or close relative or close friend would be a good alternative to furnish
useful details that has a significant contribution to the possible cause of the
patient drug use.
3. LABORATORY EXAMINATION
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If a person is suspected to have been involved in illegal drug use,
he must be subjected to drug test, for those person apprehended violating
the law on drugs must be submitted for drug testing in accordance with the
provision of Republic Act 9165 which read as follows;
Sec. 38. Any person apprehended or arrested for violating the
provisions of RA 9165 shall be subjected to screening laboratory
examination or test within twenty-four (24) hours, if the apprehending
or arresting officer has reasonable ground to believe that the person
apprehended or arrested, on account of physical signs or symptoms or
other visible or outward manifestation, is under the influence of
dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15)
days after receipt of the result through a confirmatory test conducted
in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern
and accepted method, if confirmed the same shall be prima facie
evidence that such person has used dangerous drugs, which is without
prejudice for the prosecution for other violations of the provisions of
this Act: Provided, That a positive screening laboratory test must be
confirmed for it to be valid in a court of law.
4. PSYCHOLOGICAL EXAMINATION (Drug Abuse Screening Test (DAST)
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DRUGS/SUBSTANCES OF ABUSE:
*Residential Facilities
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The Effect of Drug Abuse
Skin infection and skin rushes – often times the drug abuser neglects
his personal hygiene, uses unsterilized needle and syringes that result in
skin infection or even ulceration at the sites of the needle puncture. Skin
rushes even may occur as a side effect of sensitivity reaction to certain
drug abuse.
Accidents
Changes in the structure or functioning of the brain
Unintentional injuries
Damage to all organ systems in the body
Weakening of immune system
Cardiovascular complications
Nausea, vomiting, and abdominal pain
Liver damage and/or failure
Seizures
Strokes
Heart attacks
Permanent brain damage
Increasing medical problems
Effects of Psyche of the Drug Addict
Addiction
Tolerance
Impaired decision-making
Worsening of emotional wellbeing
Loss of drive and ambition
Development of psychosis and depression
Loss of interest to study
Laziness, lethargy, boredom and restlessness
Irritability, rebellious attitude
Withdrawal forgetfulness
The drug abuser may also experience social malfunction such as the
following:
Deterioration of interpersonal relationship and develop conflict
with authority.
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Commission of crime
The drug abuser can experience adverse effect of the central nervous
system. Regular use or injection of large doses of substance reduces the
activity of the brain and depresses the central nervous system. The drug
dependent then manifest changes in his mind and behavior that are
undesirable by people in his environment.
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INTERNATIONAL AND LOCAL DRUG TRAFFICKING
Bangkok (Thailand), 2 June 2023 – A new report from the United Nations
Office on Drugs and Crime (UNODC) warns that the synthetic drug market in East
and Southeast Asia is diversifying. High volumes of methamphetamine continue to
be produced and trafficked in and from the region while the production of ketamine
and other synthetic drugs has expanded.
“Synthetic Drugs in East and Southeast Asia: latest developments and challenges
2023”, confirms an expansion and diversification of synthetic drug production and
trafficking in East and Southeast Asia, while trafficking routes have shifted
significantly. “Transnational organized crime groups anticipate, adapt and try to
circumvent what governments do, and in 2022 we saw them work around Thai
borders in the Golden Triangle more than in the past,” remarked Jeremy Douglas,
UNODC Regional Representative for Southeast Asia and the Pacific. “Traffickers
have continued to ship large volumes through Laos and northern Thailand, but at
the same time they have pushed significant supply through central Myanmar to the
Andaman Sea where it seems few were looking.” Douglas added, “Criminal groups
from across the region also started moving and reconnecting after lengthy
pandemic border closures, with late 2022 and early 2023 patterns starting to look
similar to 2019.”
Methamphetamine trafficking routes in East and Southeast Asia, South Asia, and Oceania
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Beyond methamphetamine, the region seized a record 27.4 tons of ketamine
in 2022, an increase of 167 per cent, with all countries and territories in the region
reporting an increase except Hong Kong, China. Notably, large mixed shipments of
methamphetamine and ketamine were seized by authorities across the region,
indicating organized crime continue to push the two drugs as a package to grow
ketamine demand.
South America – Columbia, Peru, Uruguay and Panama are the principal
sources of all cocaine supply in the world due to the robust production of the
coca plants.
India – is the center of the world’s drug map, leading to the rapid addiction
among its people.
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Indonesia – Northern Sumatra has traditionally been the main cannabis
growing area in Indonesia. Bali Indonesia is an important transit point for
drugs en route to Australia and New Zealand.
Trivia:
Singapore- the leading country in Asia that has less crime rate.
Thailand- the most country for notorious sex prostitution beacause
prostitution is legal in this country
Japan – became the major consumer of cocaine and shabu from the United
States and Europe.
The SINALOA CARTEL, Mexico - The biggest gang in Mexico right now is the
Sinaloa, whose leader, Joaquín Guzmán Loera, known as "El Chapo" or "Shorty", is
considered the most powerful drug lord in the world. The Sinaloa smuggles cocaine,
marijuana, methamphetamine and heroin by land or through tunnels into the US,
often via Arizona.
The 'NDRANGHETA, Italy - The 'Ndrangheta from Calabria has now eclipsed the
nearby Sicilian Cosa Nostra and the Neapolitan Camorra syndicates to become one
of the biggest drug gangs in the world. Its annual income from cocaine importation
and other businesses is estimated in the tens of billions of dollars.
ABERGIL FAMILY, Israel - The Abergils have been one of the world's largest
exporters of ecstasy, into the US and elsewhere, and prolific in gambling and
embezzlement too.
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DRUG CARTELS IN PHILIPPINES
Drug trafficking in the Philippines are still dominated by the Mexican, African,
and Chinese Illicit Drug Traffickers. There has been a shift into the mode of
operation of drug traffickers, today the importation of illicit drugs into the country
had been decreasing due to the strict monitoring and security provided by the coast
guards and other responsible agencies. The most common way of smuggling drugs
are transit through air then dropped on the shorelines then the local members who
acts as a fisherman’s will collect them and deliver it to local drug groups for
distributions to the consumers.
“Shabu” or Methamphetamine Hydrochloride is still the most widely abused
drugs in the country followed by marijuana, due to this, the demand for “shabu”
continue to increase and the smuggled drugs could not sustain such demand so it
gave rise to the construction of “shabu” laboratories. These drug syndicates have
been producing methamphetamine in small-scale and kitchen-type laboratories to
avoid detection. Usually, drug syndicates rent warehouses for use as drug
laboratories. These syndicates have moved towards renting houses in private
subdivisions, condominiums and apartments to be used as bases for their illegal
drug production. Private properties are becoming more favorable to drug syndicates
as sites of illegal drug production.
Drug Syndicate in the Philippines
The Binondo based Chinese syndicate has been identified as the nucleus of the
Triad society, the Bamboo gang is Taiwan and 14k based on Hong Kong. The
Bamboo gang is influenced of the green gang of the Chinese Triad while the 14k is
the newest among the Triad families established only in 1947.
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The Comprehensive Dangerous Acts of 2002
Signed by GMA on June 7, 2002
Took effect July 4, 2002
This table lists all PDEA Directors General, their dates of service, and under which
administration they served.
Administratio
Director General Term
n
USEC. Anselmo S. Avenido, Jr. (Ret. PDDG) July 2002 – April 2006 Arroyo
USEC. Moro Virgilio M. Lazo (Ret. PMGEN) October 2022 – present Marcos Jr.
PDEA Academy
Shall be established either in Baguio or Tagaytay, and in such other places as
may be necessary.
responsible in the recruitment and training of all PDEA agents and personnel
Recruits must be at least 21 years of age, with proven integrity and honesty
and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the
PDEA after the termination of the transition period of five years during which
all the intelligence network and standard operating procedure of the PDEA
has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director.
He /she shall be appointed by the PDEA Director General.
The Narcotics Group of the PNP, the Narcotics Divisions of the NBI and the
customs narcotics Interdiction Unit are hereby abolished.
POWER AND DUTIES OF PDEA
Cause the effective and efficient implementation of the national drug control
strategy,
Enforcement of the provisions of Art II of this Act,
Undertake investigation, make arrest and apprehension of violators and
seizure and confiscation of dangerous drugs,
Administer oath and issue subpoena and subpoena duces tecum relative
to the conduct of investigation involving the violations of RA 9165;
Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of RA 9165 and in
accordance with the pertinent provisions of the Anti-Money Laundering Act of
2001
Establish forensic laboratories,
Filing of appropriate drug cases,
Conduct eradication programs,
Maintain a national drug intelligence system,
Close coordination with local and international drug agencies.
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Develop educational programs and info drive,
Conduct continuing seminars and consultations,
Design special training,
Coordination with agencies for community service programs,
Maintain international networking,
COMPOSITION
DDB composed of 17 members wherein 3 of which are permanent members,
the other 12 members are ex- officio capacity and 2 regular members.
THREE (3) PERMANENT MEMBERS
At least 7 years of training and experience in the field of the ff: fields in law,
medicine, criminology, psychology or social work.
Appointed by the president.
One designated as the Chairman with the rank of Secretary and the two other
regular members as undersecretary. (with the term of 6 years)
TERMS TO PONDER
Administer – Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to him/her unless
administered by a duly licensed practitioner for purposes of medication.
Deliver– Any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration.
Dispense – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.
Sell – Any act of giving away any dangerous drug and/or controlled precursor
and essential chemical whether for money or any other consideration.
Use– Any act of injecting, intravenously or intramuscularly, of consuming,
either by chewing, smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of the body, and of the
dangerous drugs.
Manufacture – The production, preparation, compounding or processing of
any dangerous drug and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from substances of natural origin.
Cultivate or Culture – Any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the source of
a dangerous drug.
Clandestine Laboratory – Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.
Den, Dive or Resort– A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
Screening Test – A rapid test performed to establish potential/presumptive
positive result.
Confirmatory Test – An analytical test using a device, tool or equipment
with a different chemical or physical principle that is more specific which will
validate and confirm the result of the screening test
Drug Syndicate– Any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed
under this Act.
Financier – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act
Protector/Coddler – Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her influence, power or
position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
Pusher – Any person, who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
Center – any of the treatment and rehabilitation centers which undertake the
treatment, after-care and follow-up treatment of drug dependents.
Confinement - refers to the residential treatment and rehabilitation of
trainees, clients and patients in a center.
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Rehabilitation – the dynamic process, including after-care and follow-up
treatment, directed towards the physical, emotional/psychological,
vocational, social and spiritual change/enhancement of a drug dependent to
enable him/her to live without dangerous drugs, enjoy the fullest life
compatible with his/her capabilities and potentials and render him/her able to
become a law-abiding and productive memberof the community.
Controlled Delivery – the investigative technique of allowing an unlawful or
suspect consignment of any dangerous drug and/or controlled precursor and
essential chemical, equipment or paraphernalia or property believed to be
derived directly or indirectly from any offense, to pass into, through or out of
the country under the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drug
related offense, or to facilitate prosecution of that offense.
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E. 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
F. 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).
G. Any person or group of persons who shall maintain a den, dive or resort
where any dangerous drug is used or sold in any form.
H. 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).
I. Manufacture of Dangerous Drugs Sec 8)
J. Upon any person who uses a minor or mentally incapacitated individual to
deliver equipment, instrument, apparatus and other paraphernalia for
dangerous drugs (sec. 10, Art II).
K. 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)
L. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
(Sec. 16)
M. Unlawful Prescription of Dangerous Drugs ( Sec. 19)
N. Any public officer or employee, who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts. ( Sec. 27)
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CLANDESTINE LABORATORY ESTABLISHED UNDER THE FOLLOWING
CIRCUMSTANCES SHALL BE CONSIDERED AGGRAVTING CIRCUMSTANCES
(Sec. 8)
Conducted in the presence or with the help of minor/s:
Established within one hundred (100) meters of a residential, business,
church or school premises.
Secured or protected with booby traps
Concealed with legitimate business operations
Employment of a practitioner, chemical engineer, public official or foreigner
PENALTY - Life imprisonment and fine ranging from Php 400K to 500K
50 grams or more of shabu
500 grams or more of marijuana
10 grams or more for any Dangerous Drugs
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E. 24 hours- order of destruction
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Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or
Meetings.
Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 70. Probation or Community Service for a First-Time Minor Offender
in Lieu of Imprisonment.
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If the powder is not soluble in water. The material may consist of explosives,
which may explode when they come into contact with the liquid in the test
kit.
If there is a very small quantity of material, i.e. trace quantities.
If the suspected drugs are in liquid form
Drug laboratories
Extreme caution must be taken in connection with operations against illegal
drug laboratories, since the following may be present:
Booby traps
Persons who are armed
Persons who use chemicals as weapons
Corrosive, flammable, hazardous (toxic) and explosive substances
Air that is polluted by solvents and chemicals
Hydrogen gas, which forms explosive mixtures with air – do not switch on the
lights.
The chemicals that are handled in illegal drug laboratories occur in various
mixtures, in ongoing processes, in open vessels or in any form other than in closed
original packages. As a result, such substances/chemicals may be or become
explosive, flammable, corrosive or hazardous. In the event of any uncertainty, seek
assistance of experts.
Checklist for investigations in connection with production of illegal drugs
Find out as much as possible about the accident both before going to the
scene and upon arrival.
Decide whether you need help. Always contact the PDEA before action is
taken against a drug laboratory.
Start keeping an action log.
Cordon off the area or extend the existing cordon if necessary.
Carry out a security check. Wearing appropriate protective clothing, scene-of-
crime officers are to check for traps, after which the chemist assesses the
risks associated with the handling of chemicals.
Turn off the heat for the still, hot plate etc. NB: Do not turn off the water or
cooling and ventilation fans.
Make sure that a list is made of the people who enter the crime scene.
Take a general photograph of the crime scene. Film the scene with a video
camera.
Pause for thought and start planning.
Make a sketch. Mark the places where evidence and reference samples are
collected.
Search for and collect evidence, objects and reference samples etc. that are
relevant to the crime investigation.
Write a continuous seizure report.
Check the crime scene before the cordon is lifted. Make sure that you have
not forgotten anything important, such as interrogation reports. A suspect
may enter the crime scene area after the cordon has been lifted, and this
must not be allowed to destroy the value of the evidence collected.
SEARCH AND SEIZURE
Seize any documents that indicate the extent of production, perpetrators or
buyers. Look for receipts, bills, delivery notes etc.
Where drug production is suspected, take samples from the various stages of
the production process. Samples of ventilation ducts, fans and water seals
may be useful. Wipe any waste chemicals/drugs with a cotton compress
soaked in an alcohol mixture (about 80%).
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Seize packaging material, e.g. bags, rolls of plastic bags and tape. These can
then be used to compare with corresponding materials from other seizures
and used as a basis for calculation of the amounts produced
CONCEPT OF VICES
VICE
Any immoral conduct or habit, the indulgence of which leads to depravity,
wickedness and corruption of the minds and body.
It comes from the Latin word vitium, meaning "failing or defect.
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Clandestine nature of the commission of the acts.
Lack of cooperation from players, customers, and victims of vices,
Enjoyment of goodwill by vice operators
Public apathy and indifference
Unwilling government officials to work against vice existence
I. ALCOHOLISM
TERMS TO PONDER
Alcoholism – state or condition of a person produced by drinking intoxicating
liquors excessively and with habitual frequency. (State vs. Savage, 89 Ala. 17
LBA 426, 7 South, Rep. 183). It is a condition wherein a person is under the
influence or intoxicated with alcohol.
Alcoholic Liquor – is any beverages or compound, whether distilled,
fermented, or otherwise, which will produce intoxication or which contains in
excess of one percentum of alcohol and is used as a beverage. (State vs.
Oliver, 133 S.C. 125, 130 S.S. Rep. 213).
DRUNKNESS AS A CRIME
In the Philippines, drunkenness in itself is not a crime because a person may
drink to excess in the privacy of his home or in the party and commit no
crime at all.
It is only when a drunken person exhibits his condition publicly, or disturbs,
endangers, or injured others, that he became an offender and therefore,
subject to arrest and punishment.
Before and during elections, it is unlawful to sell or drink intoxicating liquor,
as provided in the election law.
Under RA 4136, as amended, driving under the influence of liquor is
prohibited.
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Second, that the intoxication be not planted before the commission of crime,
because if the perpetrator deliberately seeks in alcohol the necessary
courage to execute the crime, or a means with which to suffocate any
remorse, or as a mitigation for his offense, then his intoxication would
constitute a premeditation and cannot afford him any excuse; instead it
should aggravate his criminal liability.
Intoxication is AGGRAVATING when it is habitual or intentional and
subsequent to the plan to commit a crime. But under our legal concept,
intoxication is no defense in the commission of a crime.
KINDS OF INTOXICATION
Involuntary – when a drunken person does not know the intoxicating
strength of beverage he has taken.
Intentional – when a person deliberately drinks liquor fully knowing its
effects, either to obtain mitigation or to find the liquor as stimulant to commit
crime.
Habitual – when the person finds that drinking his a constant necessary and
the vice ultimately takes hold of him.
VARIOUS DEGREE OF INTOXICATION
Slight Inebriation – there is reddening of the face. There is no sign of
mental impairment, in coordination and difficulty of speech.
Moderate Inebriation – the person is argumentative and overconfident.
There is slight impairment of mental difficulties, difficulty of articulation, loss
of coordination of finer movements. The face is flushed with digested
eyeball. He is reckless and shows motor in coordination. The person maybe
certified by the doctor as being under the influence of liquor.
Drunk – the mind is confused, behavior is irregular and the movement is
uncontrolled. The speech us thick and in coordinated. The behavior is
uncontrollable.
Very drunk – the mind is confused and disoriented. There is difficulty in
speech and marked motor incoordination and often walking is impossible.
Coma – the subject is stuperous or in comatous condition. Sometimes it is
difficult to differentiate this condition with other conditions having coma.
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FORMS OF CHEMICAL AND SCIENTIFIC TESTS OF INTOXICATION
Analysis of blood for alcohol contents
Analysis of urine for alcohol contents
Analysis of saliva for alcohol contents
Analysis of breath to determine concentration of alcohol
Analysis of body tissue and spinal fluid
II. GAMBLING
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TERMS TO PONDER
GAMBLING Wagering of money or something of material value on an event
with an uncertain outcome with the primary intent of winning additional
money and/or material goods.
Chance or Hazard – is the uncertainty of the result of the game or when the
outcome of the game is incapable of calculation by human reason, foresight,
sagacity or design.
WAGER – is the bet or consideration placed on gambling games.
PRIZE – is the unequal amount due to the winner.
ILLEGAL NUMBERS GAME Any form of illegal gambling activity which uses
numbers or combination as factors in giving out jackpots.
JUETENG illegal numbers game that involves the combination of numbers as
a form of local lottery where bets are placed and accepted per combination .
MASIAO illegal numbers game where the winning combination is derived
from the results of the last game of Jai Alai or the Special Llave portion
LAST TWO - Illegal numbers game where the winning combination is derived
from the last two numbers of the first prize of the winning Sweepstakes
ticket.
BETTOR (Mananaya) Any person, who places bets for himself/herself or in
behalf of another person, other than the personnel or staff of any illegal
numbers game operation.
COLLECTOR or AGENT (Cabo, Cobrador) Any person who collects, solicits
or produces bets in behalf of his/her principal for any illegal numbers game
who is usually in possession of gambling paraphernalia
MAINTAINER, MANAGER OR OPERATOR Any person who maintains,
manages, or operates any illegal number game in a specific area.
FINANCIERS OR CAPITALIST Any person who finances the operations of
any illegal numbers game.
PROTECTOR OR CODDLER Any person who lends or provides protection, or
receives benefits in any manner in the operation of any illegal numbers
game.
GULLIBLE PERSON – person who easily deceived especially in crooked
gambling.
CONDUCTOR – is the person who manages or carries the gambling game.
BANKER – is the person who keeps the money from which the winner is to be
paid.
PAGCOR (Philippine Amusement and Gambling Corporation) – office
that controls/regulates gambling games.
CLASSIFICATION OF GAMBLING GAMES
1. Those who are absolutely or per se prohibited
Under Art. 195, RPC – monte, jueteng, other form of lottery, policy, banking or
percentage game and dog races;
Faro and roulette is absolutely prohibited by the Gambling Law.
2. Those which are regulated by law. These games are regulated in the
sense that the law allows the same to be played except on certain
specified of the day.
Cockfighting under Art. 199, Revised Penal Code
Horse Racing under Art. 198, Revised Penal Code
Panguingue, cuajo, domino, mahjong, entre cuatro, and other under Sec. 828,
Revised Ordinances of the City of Manila
REQUISITES/ELEMENTS OF THE CRIME OF GAMBLING
That money or other consideration of value is at stake
That the result of the games depends wholly or chiefly upon chance or hazrd
In cases of lottery, there must be:
consideration;
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chance, and;
prize or the inequal amount due to the winner
NOTE: Lottery becomes punishable only when the participants buys ticket only for
purposes of participating in the lottery but not when the participation is only
incidental to buying a certain good wherein the participation entitles the buyer an
equal value of his money’s worth.
The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
Article 198 (RPC). Illegal betting on horse races
Penalizing any person who, except during the periods allowed by law, shall
bet on horse races.
The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
Article 199 (RPC). Illegal cockfighting –
Penalizing any person who directly or indirectly participates in cockfights, at a
place other than a licensed cockpit.
The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in
the discretion of the court
RA 3063 – Approved June 17, 1961
authorizing licensed race tracks and racing clubs and their authorized agent
to offer, take or arrange bets outside the place, enclosure of track where the
races held.
Penalty - fine of not less than one thousand pesos not more than two
thousand pesos or by imprisonment for not less than one month or more than
six months, or both, in the discretion of the court. If the offender is a
partnership, corporation or association, the criminal liability shall devolve
upon its president, director, or any other official responsible for the violation.
PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.
PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in
Sports Contents. Approved on June 13, 1974.
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PD 1602 – Approved June 11, 1978. prescribing stiffer penalties on illegal gambling.
RA 9287 – Approved 2, 2004An Act increasing the penalties for illegal numbers
games, amending certain provisions of P.D. 1602, and for other purposes.
III. SMOKING
Is a practice in which a substance is burned and the result smoke breathed in
to be tasted and absorbed into the blood stream.
TOBACCO
The tobacco plant, scientifically known as Nicotiana Tabacum, is a plant
grown for its leaves, which are smoked, chewed, or sniffed for a variety of effects.
Tobacco is considered addictive because it contains the addictive chemical
Nicotine. Sniffing and chewing tobacco originated in North America and Europe
Tobacco Chemicals
The three most common components of tobacco cigarettes and cigarette
smoke are:
1. Nicotine – it is the most common important active ingredient in controlled
doses. It is an extremely toxic substance. A typical cigarette contains 1 – 2
mg of nicotine. When smoked, less than 1 mg from each cigarette is filtered
or not depending on the characteristics of the filter, the depth and frequency
of inhalation and the length of the butt.
2. Carbon Monoxide – a poisonous gas similar to the gas that emanates from
a car’s exhaust pipe. It impairs the capacity of the blood to supply adequate
amounts of oxygen to the vital organs of the body. It is responsible for the
shortness of breath among smokers.
3. Tar – the brownish viscous substance known to be the cancer – causing
component of tobacco smoking. It also stains the fingers, teeth, and tongue
of the smoker. Along with the other noxious substances in cigarette smoking,
it can lead to lung cancer, emphysema and chronic bronchitis.
Forms of Smoking
1. Tobacco smoking- this refers to the act of burning the tobacco leaves and
inhaling the smoke. The Frenchmen Jean Nicot, from whose name the word
Nicotine was based. Similar to other intoxicating substances like coffee, tea and
even opium, tobacco was initially used as kind of medicine.
Methods of Tobacco Smoking
a. CIGARETTE- the word cigarette means “small cigar” in French. Perhaps,
this is the most commonly used type of tobacco product finely cut and cured
tobacco leaves sometimes combined with additives, which are rolled into slim,
cylinder shaped paper tubes.
b. PIPE SMOKING- in the old times, pipe smoking used to be more popular.
Here, shredded pieces of tobacco are placed into the pipe chamber and then
ignited. The smoke is inhaled through a pipe that is connected to the chamber.
c. CIGARS- larger than cigarettes, cigars are tightly rolled bundles of
fermented and dried that are ignited in one tip so that the smoker can draw out the
smoke from the other tip using one mouth .
d. HOOKAH- this are common in Mediterranean countries. A hookah is a
single or multi- stemmed glass water pipe used for smoking. Originally from India,
the hookah is used to be a symbol of pride for wealthy and high class people. A
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hookah runs via water filtration and indirect heat and can be used for smoking
tobacco, herbal fruits or even cannabis.
e. ELECTRONIC CIGARRETE (E- CIGARRETE)- is a handheld electronic
device that stimulates the feeling of smoking. It works by heating a liquid to
generate an aerosol commonly called vapor that the user inhales. Using cigarette is
commonly referred to as “vaping”. The liquid in the e-cigarette called e-liquid or e
juice is usually made of nicotine, propylene glycol, glycerin and flavorings, but not
all liquids contain nicotine.
f. PASSIVE SMOKING- this refers to involuntary consumption of smoked
tobacco generated around the passive smoker.
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reduced. Natural cleansing mechanism of the respiratory tract returns to
normal so that the body is able to handle mucus, clean the respiratory tract,
and prevent respiratory infections.
7. With in 1 year, risk of coronary heart disease is reduced by 50%.
8. With in 5 years, the risk of dying from lung cancer is reduced by 50%.
9. With in 10 years, the risk of dying from lung cancer, stroke and heart attack
is as that of a non – smoker.
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