Cdi 7
Cdi 7
Jayson Vanta
RCrim, CCPS, CCDS, CST, CSP, MSCJ, Juris Doctor (i)
Drugs
• Any chemically active substance
rendering a specific effect on
the central nervous system of
man.
• The term drug derives from the
14th century French word
drogue, which means a dry
substance.
When are drugs harmful?
• Any drug may be harmful when
taken in:
Excess;
Dangerous combinations;
By hypersensitive (allergic)
person
Habituation
• A form of psychological dependence,
characterized by continuous desire for a drug.
A person believes that the drug is needed to
function at work or home because drugs
often produces an elated/ excited emotional
state.
Addiction
•a form of physical
dependence, severe craving
for the drug even to the
point of interfering with the
person’s ability to function
normally.
Drug Dependence
• Characterized by the
compulsion to use a drug to
experience psychological or
physical effects despite
deterioration in health, work,
and social activities.
Forms of Drug Dependence
Tolerance
• A form of physical dependence, occurs when the
body becomes accustomed to a drug as the drug
is repeatedly taken in the same dose. It now
requires ever- increasing larger doses to achieve
the same desired effect. Tendency to increase
dosage to maintain the same effect in the body.
Types of Drug Dependence
Physical Dependence- can only be discernible when drug
intake is decreased or stopped and an involuntary illness
called the withdrawal syndrome occurs. (June 2018 Board
Exam Question)
Psychological Dependence- Exhibited when a user relies on a
drug to achieve a feeling of well- being. The most extreme
from of this is the obsession of the user with the drug, thus
focusing virtually all his interest and activity on obtaining and
using it. It is also arises from the ability to satisfy some
emotional or personality needs of an individual. (June 2018
Board Exam Question)
Drug Abuse
• Is the overuse or consumption of drugs
other than for medical reasons.
• Any non-medical use of drugs that cause
physical, psychological, legal, economic,
or social damage to the user or to the
people affected by the user’s behavior.
• Using drugs without prescription.
• Abuse of drugs and other substances can
lead to physical and psychological
dependence.
Causes of Drug Abuses
• Lack of parental guidance
• Peer pressure
• Curiosity
• Weak personality
• Desire to escape from reality
• Frustration (due to personal, family or work problems)
• Boredom
• Poor self-image
DRUGS COMMONLY ABUSED
STIMULANT
• Drug that excite the central
nervous system, increasing
alertness, decreasing
fatigue, delaying sleep, also
impale appetite and cause
weight loss.
Shabu
• Methamphetamine
hydrochloride/SHABU - a type of
amphetamine also known as
“poor man’s cocaine”. Other
names are Shabu, Ubas, Siopao,
Sha and Ice.
• Shabu is a white, odorless crystal
or crystalline powder with a bitter
numbing taste.
Cocaine
• an agent that produces a
temporary increase of the
functional activity or efficiency
of an Organism or any of its
parts. (Most powerful type of
Stimulant)
• Street names – Coke, Snow,
Flake, Bow
Effects of Stimulants (Amphetamines)
June 2019 Board exam question
Ans. D
Opiates/Narcotic
• Group of drugs that are used
medically to relieve pain, but
have a high potential for abuse.
• In medicine, the
term opiate describes any of
the narcotic opioid alkaloids foun
d as natural products in
the opium poppy plant, Papaver
somniferum.
Opium
• Refers to the flowering plant
of the species papaver
somniferum. It is derived
from the oriental poppy
plant which is grown in Asia
and can also be found in
other areas such as Mexico
Morphine
• is a potent opiate analgesic
drug that is used to relieve
severe pain. It was first isolated
in 1804 by Friedrich Serturner,
first distributed by him in 1817,
and first commercially sold
by Merck in 1827.
Heroin
• It is the most commonly abused narcotic in
the world. To produce heroin, the chemist
takes an equal amount of morphine and
acetic anhydride and heats them together
for six hours. It was discovered by Alder
Wright (1896), a British chemist. It
promised to cure addiction from opium
and morphine. It is a white, odorless,
crystalline powder with a very bitter taste.
Codeine
Nov-dec 2019 board exam question
•Penalty:
•Life Imprisonment and fine of Five
Hundred Thousand pesos (P500,000.00)
to Ten Million Pesos (P10,000,000.00).
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
•Penalty
•life imprisonment and fine ranging from
Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)
Section 6. Maintenance of a Den, Dive or
Resort involving dangerous drugs
Penalty
• life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
• The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person or group of persons who shall
maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.
Sec11. Possession of Dangerous Drugs
• Possession of Dangerous Drugs regardless of purity-
penalty provided life imprisonment and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)
• 10 grams or more of opium, morphine, heroin, cocaine
or cocaine hydrochloride, marijuana resin or oil, and
other dangerous drugs,
• 50 grams or more of shabu
• 500 grams or more of marijuana
Sec15. Use of Dangerous Drugs
Penalty
• A person apprehended or arrested, who is found to be positive
for use of any dangerous drug, after a confirmatory test, shall
be imposed a penalty of a minimum of six (6) months but not
exceeds one year rehabilitation in a government center for the
first offense.
• If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and a fine ranging
from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00):
Sec16. Cultivation of plants classified as
source of dangerous drugs
Penalty
• Life imprisonment and fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)
• Penalty of 12 years and 1 day to 20 years of
imprisonment and a fine ranging from P100,000.00 to
P500,000.00 shall be imposed upon any person, who
acts as a “protector/coddler of any violator of the
provisions of Sec. 16…..
Section 18. Unnecessary Prescription of
Dangerous Drugs.
Section 19. Unlawful Prescription of
Dangerous Drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment
• The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ),
and any elected public official who shall be required to
sign the copies of the inventory and be given a copy
thereof;
• Within twenty-four (24) hours upon confiscation/seizure
of dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative
examination;
• A certification of the forensic laboratory
examination results, which shall be done under
oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the
receipt of the subject item/s.
• That a final certification shall be issued on the
completed forensic laboratory examination on the
same within the next twenty-four (24) hours
• After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or
surrendered dangerous drugs, and controlled
precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall:
• within twenty-four (24) hours thereafter proceed
with the destruction or burning of the same, in the
presence of the accused or the person/s from
whom such items were confiscated and/or seized,
or his/her representative or counsel, a
representative from the media and the DOJ, civil
society groups and any elected public official
• Within 24 hrs upon confiscation – deliver to the PDEA
Forensic Laboratory
• Within 24 hrs after receipt – certification shall be issued .
• If the volume of the drugs would make it impossible to be
finish within 24 hrs, final certification will be issued within
another 24 hrs.
• Within 72 hrs after filing of the Criminal case - court shall
conduct ocular inspection.
• Within 24 hours through the PDEA – proceed to the
destruction or burning of the same.
Section 23. Plea-Bargaining Provision.
• Any person charged under any provision of
this Act regardless of the imposable penalty
shall not be allowed to avail of the provision
on plea-bargaining .
Section 25. Qualifying Aggravating
Circumstances in the Commission of a Crime
by an Offender Under the Influence of
Dangerous Drugs
Section 29. Criminal Liability for Planting of
Evidence
• Any person who is found guilty of "planting"
any dangerous drug and/or controlled
precursor and essential chemical, regardless
of quantity and purity, shall suffer the
maximum penalty.
Section 38. Laboratory Examination or Test
on Apprehended/Arrested Offenders
• any person apprehended or arrested for violating the
this Act 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
Dangerous Drug Test Requirements
The following shall undergo mandatory drug testing: (Dec
2022 BEQ)
• 1. applicants for drivers license
• 2. applicants for Firearms license & PTCFOR
• 3. members of the PNP, AFP, & other LEA
• 4. All person charged with criminal offense with penalty
of not less than 6 years.
• 5. All candidates for public office national/ local
The following shall undergo random drug
testing:
• 1. students of secondary and tertiary schools
• 2. officers and employees of public & private
offices
Non-applicability of the Probation Law for
Drug Traffickers and Pushers
•cannot avail of the privilege granted by
Probation Law (PD 968, as amended).
Title VIII – Program and Rehabilitation
Treatment
•V
•E
•T
•P
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NAPOLCOM MEMORANDUM
CIRCULAR NO. 200003
• Adopting Salient Provisions of PDEA
Memorandum on the preparation of pre-
operation report and PNP-AIDSOTF
Memorandum Circular in the conduct of
Anti-Illegal Drugs Operations.
Pre-Operations
• Operating Unit to submit to PDEA, the pre-operations
report, indicating details such identity, area of operation,
composition, tactics and equipment of the operating unit
and duration of the operation. Also includes the
information on the suspect/s.
• Certification of Coordination – prepared by PDEA given
to the operating unit which submitted a pre-operations
report.
Exemption of submission of Pre Operations Report:
• 1. in remote places where coordination is not possible;
• 2. When coordination will compromise the lives of police
operatives, informant and witnesses, involved in anti-drug
operations;
• 3. When coordination will prejudice the apprehension of drug
suspects and confiscation of dangerous drugs;
• 4. When prior coordination will compromise the entire police
operation.
• (In above instances, post coordination shall be made in lieu of
prior coordination).
Signatories to the Pre-Operation Report
Manceres
PHILANDERING
•Is having casual/illicit sex with a
number of people.
•It usually refers to men, and often in
the context of cheating on a wife or
girlfriend.
VAGRANTS AND PROSTITUTES (under
RPC)
• Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects to
apply himself or herself to some lawful calling.
• Any person found loitering about public or semi-public
building or places, or tramping or wandering about the
country or to the streets without visible means of
support.
• Any idle or dissolute person who lodges in houses of ill-
fame, ruffians or pimps and those who habitually
associate with prostitutes.
PROSTITUTES