chapter 17 narcotics control and investigation. 1. the violation a. republic act no. 9165...

CHAPTER 17CHAPTER 17Narcotics Control and Narcotics Control and

InvestigationInvestigation

CHAPTER 17CHAPTER 17Narcotics Control and Narcotics Control and

InvestigationInvestigation

1. The Violation

a. Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)

this new law expressly repealed Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972.

the provisions of the Revised Penal code ( Act No. 3814), as amended, shall not apply to the provisions of this new law, except in the case of minor offenders.

the new law no longer distinguishes a prohibited drugs as they are both embraced in the term dangerous drugs. It however takes into account the so-called Controlled Precursor and Essential Chemicals.

the following Unlawful Acts are punishable:

Importance of dangerous drugs and/or controlled precursors and essential chemicals.

Even if there is a valid and lawful intention behind the importance of the dangerous drugs as long as no previous authority was secured and granted prior to 6the importation, the same is punishable.

If a diplomatic passport, diplomatic facility or official station or position is utilized to facilitate the illegal importation and entry into the Philippine territory of the same, the law no longer makes a distinction whether what was imported or brought is a dangerous drug or controlled precursor/essential chemicals.

Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals.

Refers to the unlawful dealing, selling, administering, disposition or distribution or transportation of dangerous drugs and controlled precursors/essential chemicals with

or without consideration.

Maintenance of Den, dive or Resort

Not all den, dive or resort as understood in ordinary parlance, are subject to the prohibition in view of the fact that the mere maintenance of a den, drive or resort per se is not unlawful.

Being an Employee and Visitor of a Den, Drive or Resort

It is in the nature of a crime by omission. That is the law penalizes the offender the failing to do a positive act.

A person may be held liable even he/she is not actually engaged in illegal drug activity but often visit places and assuming that she/he is aware.

Manufacture of dangerous drugs and/or controlled precursors and essential chemicals.

The common used in manufacturing dangerous drug in a clandestine laboratory is already prima facie evidence that a dangerous drug is being manufactured therein.

Illegal chemical dimension of controlled precursors and essential chemicals

This covers not only those chemicals compositions but also those, which at the moment have not yet been exploited in drug-trafficking. Persons who actually perform the illegal act of diverting any controlled precursors and essential chemicals are penalized.

Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals.

Refers to the unauthorized manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals and not the manufacture or delivery of the dangerous drug itself.

Possession of Dangerous drugs.

Another salient feature of the new law in the sense that it lowers the number of quality of the dangerous substance in order to make the offenses of possession non-bialable.

Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

• Mere possession without authority of equipment instrument, apparatus and other paraphernalia for dangerous drugs is punishable.

Possession of Dangerous drugs during parties, social gatherings or meetings.

The new provision in the law on drugs provides a stiffer penalty if the possession of dangerous drugs is done in a close company of at least two persons or during social gatherings or meetings.

It also covers those who are about to commit the so-called “pot session.” if the pot session has started already, the culprits involved could also be charged for violation of use of dangerous drugs.

Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings.

• If the instrument has been specifically designed or made for the administration, injection of illicit drugs, there is no need to actually use it to be punishable.

Use of dangerous drugs.

• Any person arrested or apprehend shall be required to submit himself to a drug test and if found positive, a case shall be filed against him.

• If the offender is likewise found illegally possessing a dangerous drugs at the time of his apprehension, the provision on possession of dangerous drugs shall apply.

Cultivation or culture of plants classified as dangerous drugs or are sources thereof.

• This penalizes the unauthorized planting, cultivation of plants which are sources or actually classified as dangerous drugs.

• In addition to the penalty that would be imposed upon the offender, the land or portion thereof including the greenhouse where the said plant is cultivated shall be confiscated and escheated in favor if the government.

Maintenance and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals.

This is classified as a crime by omission . Any persons who is illegally engage in the manufacturing of dangerous drugs is required to maintain and keep the records involving dangerous drugs otherwise they will be held liable.

Aside from imprisoned and fine, the business license to the privilege to practice his profession shall be revoked.

Unnecessary Prescription of Dangerous Drugs.

This occurs when the physician with authority to issue prescriptions, issues a prescription for dangerous drugs despite the fact that the physical condition of the person does not require the prescription that exceeds the dosage required.

Unlawful Prescription Of Dangerous Drugs.

If the person has no such authority to issue a prescription and may not even a medical practitioner at all, it is like a misrepresentation or estafa under article 315 par.2 (a).

b. Presidential decree No. 1619

Penalizing the use or possession to minors of volatile substance for the purpose of inducing intoxication.

c. Republic Act No. 953 (Narcotics Law of 1953)

RA 953 requires the registration of person with the BIR to produced, import, manufacture, compound, deal in, sell and give away opium, marijuana or any synthetic drugs which had been declared habit-forming by the President of the Philippines including their salts, derivatives or preparation.

d. The National International Revenue code of 1977 ( As Amended)

This requires the keeping of true and correct records of prohibited drugs by physicians, dentist, veterinarians or pharmacists as required by law and by the regulation of the Department of Finance.

2. The Violators – the persons of importance.

a. The USERSone who injects, intravenously or intramuscularly or consumes.

THE DRUG DEPENDENTpersons suffering from drug dependence.

1. The possession of dangerous drugs without adequate therapeutic reasons.

2. The presence of needle marks in the form of black or blue spots resembling tattooing or fresh punctures-type holes caused by hypodemic needles.

3. The presence of elongated scars over the veins especially those of the forearms, the in-steps, or lower legs.

4. The presence of abscesses over the vein near sites where veins approach the surface.

5. An appearance of drowsiness, sleepiness or lethargy especially if accompanied by a tendency to scratch the body as if itching.

6. The possessions of equipment which consists of a hypodermic needles and a cooking spoon with the handle bent backward and blackened underneath from being held over a lighted match or candle.

7. A tendency to sit looking off into space known as “goofing”, which may indicate the use of barbiturates.

8. Certain visuals signs appears when the abuser’s supplies are cut off and withdrawal symptoms developed.These includes:

• Nervousness, restlessness, anxiety• Yawning, red eyes and runny nose, sweating

• Enlargement of the pupils of the eyes.• Severe back and leg aches.• Hot and cold flashes.

As withdrawal progresses, vomiting, diarrhea and increase in breathing rate and temperature may developed and ordinarily, the eyes become extremely sensitive to light and easily get hurt.

9. A tendency of the suspect to isolate himself at regular intervals in order to take injections.

10. Suspect will often wear long-sleeved shirts or heavy clothing even on the warmest days to conceal obvious tell-take marks on the arms.

b. THE PUSHER.any person who sells, trades and administers, dispenses, distribute and transport dangerous drugs.

c. DRUG SYNDICATE.any organized group of persons performing or joining together with the intention of committing any offense prescribed under the comprehensive dangerous drugs act of 2002.

d. FINANCIERany person pays for, raise or supplies money for any illegal activities prescribed under comprehensive dangerous drugs act of 2002.

e. PROTECTOR/COODLERany person who knowingly and willingly consents to the unlawful acts has violated the provisions of the Comprehensive dangerous drugs act of 2002 in order to prevent the arrest, prosecution and conviction of the violator.

f. EMPLOYEE OF DEN, DIVE OR RESORT.

Prepare by:Matala, Ronald John C.

BS CRIMINOLOGY