APPROACHES TO THE DRUG PROBLEM

The present nature and extent of drug abuse and misuse among the youth constitutes one of
the gravest health problems facing the nation and the world today. Public concern about drug abuse is
focused not only on drugs that can be abused but also on the individual who misuses them.

Today, there are many measures undertaken by both the private and the government sectors
in the fight against drug abuse as a disease of society. This includes the major approaches as follows:

A. The Law Enforcement Approach

B. The Treatment and Rehabilitation Approach
C. The Educational Approach
D. The International Efforts Against Drug Abuse

THE LAW ENFORCEMENT APPROACH

The Philippine government considers drug abuse as a multi-faceted problem that threatens the
health and well being of the Filipinos across all levels of society. The Comprehensive Dangerous Drugs
Act of 2002 or Republic Act No. 9165 was enacted to add more teeth on the government response to
the ongoing problem on drug abuse in the country. This is the major arm of the government in its law
enforcement approaches that derived from the supply and demand reduction strategies.

REPUBLIC ACT NO. 9165: Important Features

R.A. 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Approved on June 7,

2002 - Effective July 4, 2002)

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and the schedules annexed to the 1971 Single Convention
on Psychotropic Substances (Art 1, Sec. 3).
Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy), Tetrahydrocannabinol (MJ);
Mescaline (Peyote)

NOTE:
Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers to the Prohibited
drugs, Regulated drugs and Volatile substances.
Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its derivatives, Hallucinogen
drugs like MJ, LSD, and Mescaline
Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers
Volatile Substances – ex. rugby, paints, thinner, glue, gasoline
Table 8. What are the Unlawful Acts and Penalties?

Penalty
Unlawful Acts
Importation of Dangerous drugs and/or Controlled Life Imprisonment to Death and a fine
Precursors and Essential Chemicals (sec. 4) ranging from P500, 000 to P10 Million
Sale, Trading, Administration, Dispensation, Delivery, Life Imprisonment to Death and a fine
Distribution and transportation of Dangerous Drugs and/or ranging from P500, 000 to P10 Million
Controlled Precursors and Essential Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort where dangerous Life Imprisonment to Death and a fine
drugs are used or sold in any form (sec. 6) ranging from P500, 000 to P10 Million
Being an employee or visitor of a den, dive or resort (sec. Imprisonment ranging from 12 yrs
7) and 1 day to 20 yrs and a fine ranging
from P100, 000 to P500, 000.
Manufacture of dangerous Drugs and/or Controlled Life Imprisonment to Death and a fine
Precursors and Essential Chemicals (sec. 8) ranging from P500, 000 to P10 Million
Illegal Chemical Diversion of Controlled Precursors and Imprisonment ranging from 12 yrs
Essential Chemicals (sec. 9) and 1 day to 20 yrs and a fine ranging
from P100, 000 to P500, 000.
Manufacture or Delivery of Equipment, Instrument, Imprisonment ranging from 12 yrs
Apparatus and other Paraphernalia for Dangerous Drugs and 1 day to 20 yrs and a fine ranging
and/or Controlled Precursors and Essential Chemicals from P100, 000 to P500, 000.
(sec. 10)

Possession of Dangerous Drugs Life Imprisonment to Death and a fine

ranging from P500, 000 to P10 Million
(sec. 11)

Possession of Equipment, Instrument, Apparatus and Imprisonment ranging from 6 mos

other Paraphernalia for Dangerous Drugs and 1 day to 4 yrs and a fine ranging
from P10, 000 to P50, 000
(sec. 12)
Possession of dangerous Drugs during Parties, Social The maximum penalties provided for
Gatherings or Meetings (sec. 13), and Sec. 11.
Possession of Equipment, Instrument, Apparatus and
other Paraphernalia for Dangerous Drugs during Parties,
Social Gatherings or Meetings (sec. 14)
Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st
offense),
 Imprisonment ranging from 6 yrs and
1 day to 12 yrs and a fine ranging
from P50,000 to P200, 000 (2 nd
Offense)

NOTE:
Section 15 shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided in sec.11, in which case the penalty provided
in sec. 11 shall apply.

Cultivation of Plants classified as dangerous drugs or Life Imprisonment to Death and a fine
are sources thereof (sec. 16) ranging from P500, 000 to P10 Million
Failure to comply with the maintenance and keeping of Imprisonment ranging from 1 yr and 1
the original records of transaction on any dangerous day to 6 yrs and a fine ranging from
drugs and/or controlled precursors and Essential P10, 000 to P50, 000
Chemicals on the part of practioners, manufacturers,
Plus revocation of license to practice
wholesalers, importers, distributors, dealers, or retailers
profession.
(sec. 17)
Unnecessary Prescription of Dangerous Drugs (sec. 18) Imprisonment ranging from 12 yrs and
1 day to 20 yrs and a fine ranging from
P100, 000 to P500, 000.
Plus revocation of license to practice
profession
Unlawful Prescription of Dangerous Drugs (sec.19) Life imprisonment to Death and a fine
ranging from P500, 000 to 10 Million
pesos

NOTE:
The Possession of Dangerous drugs in the following quantities, regardless of degree of purity:
10 grams or more of opium; morphine; heroin; cocaine; MJ resin; 10 grams or more of MMDA, LSD and
similar dangerous drugs; 50 grams or more of “shabu”/ Methamphetamine Hydrochloride; 500 grams or
more of Marijuana.
If the quantity involved is less than the foregoing, the penalties shall be graduated as follows:
1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if “shabu” is 10 grams or
more but less than 50 grams;
2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine ranging from P400, 000 to
P500, 000 if the quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium,
morphine, heroin, cocaine, mj resin, shabu, MMDA, and 300 grams or more but less than 500 grams of
marijuana
 3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from P300, 000 to P400, 000 if
the quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin, cocaine, mj resin,
shabu, MMDA, and less than 300 grams of marijuana.

The Unlawful Acts Punishable by Death Penalty

(Prior to the abolition of Death Penalty)
1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or
facilities or any means involving his/her official status to facilitate unlawful entry of the same
(sec 4, Art II).
2. Upon any person who organizes, manages or acts as “financiers” of any of the activities
involving dangerous drugs (sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals with in 100 meters
from the school (sec 5, Art II).
4. 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 (sec 5, Art
II).
5. 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).
6. 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).
7. 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).
8. 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)

What is the Dangerous Drugs Board (DDB)?

The DDB is the policy-making body and strategy-making body in the planning and formulation
of policies and programs on drug prevention and control. (under the Office of the President) (sec. 77,
Art IX)
Composition: 17 members (3 as permanent, 12 as ex-officio, 2 regular members)(sec. 78, Art
IX)
3 permanent members: to be appointed by the President, one to be the Chairman.
12 ex officio members: Secretary of DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, and
DepEd, Chairman of CHED, NYC, and the Dir.Gen of PDEA.

2 regular members: President of the IBP, and the Pres/Chaiman of an NGO involved in a
dangerous drug campaign to be appointed by the President.

The NBI Director and the Chief of the PNP – permanent consultant of the Board.
What are the Powers and Duties of the DDB?
(sec. 81, Art IX)
1. Formulation of Drug Prevention and Control Strategy,
2. Promulgation of Rules and Regulation to carry out the purposes of this Act,
3. Conduct policy studies and researches,
4. Develop educational programs and info drive,
5. Conduct continuing seminars and consultations,
6. Design special training,
7. Coordination with agencies for community service programs,
8. Maintain international networking.

What is the PDEA?

PDEA means Philippine Drug AgencEnforcementy.
It is the implementing arm of the DDB and responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drugs and/ or precursors and essential chemicals.

Head: Director General – appointed by the President

Assisted By: 2 Deputies Director General (one for Admin, another for Opns) – appointed by the
President (sec. 82, Art IX).

PDEA Operating Units:

It absorbed the NDLE-PCC (created under E.O. 61), NARCOM of the PNP, Narcotics Division
of the NBI, and the Customs Narcotics Interdiction Unit (sec. 86, Art IX).

What are the Powers and Functions of the PDEA?

(sec. 84, Art IX)
1. Cause the effective and efficient implementation of the national drug control strategy,
2. Enforcement of the provisions of Art II of this Act,
3. Undertake investigation, make arrest and apprehension of violators and seizure and
confiscation of dangerous drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug agencies.
Other Features of R.A 9165
1. In the revised law, importation of any illegal drug, regardless of quantity and purity or any part
therefrom even for floral, decorative and culinary purposes is punishable with life imprisonment
to death and a fine ranging from P500, 000 to P10 million.
2. The trading, administration, dispensation, delivery, distribution, and transportation of dangerous
drugs is also punishable by life imprisonment to death and a fine ranging from P500, 000 to
P10 million.
3. Any person who shall sell, trade, administer, dispense, deliver, give away to another or
distribute, dispatch in transit or transport any dangerous drugs regardless of quantity and purity
shall be punished with life imprisonment to death and a fine ranging from P500, 000 to P10
million.
 But if the sale, administration, delivery, distribution or transportation of any of
these illegal drugs transpires with in 100 meters from any school, the
maximum penalty shall be imposed.
 Pushers who use minors or mentally incapacitated individuals as runners,
couriers, and messengers or in dangerous drug transactions shall also be
meted with the maximum penalty.
 A penalty of 12 yrs to 20 yrs imprisonment shall be imposed on financiers,
coddlers, and managers of the illegal activity.

4. The law also penalizes anybody found in possession of any item or paraphernalia used to
administer, produce, cultivate, propagate, harvest, compound, convert, process, pack, store,
contain or conceal illegal drugs with an imprisonment of 12 yrs to 20 yrs and a fine of P100,
000 to P500, 000.
5. Owners of resorts, dives, establishments, and other places where illegal drugs are
administered is deemed liable under this new law, the same shall be confiscated and
escheated in favor of the government.
6. Any person who shall be convicted of violation of this new law, regardless of the quantity of the
drugs and the penalty imposed by the court shall not be allowed to avail the privilege provisions
of the Probation Law (P.D. 968).

Anti-Drug Drives and Operational Concepts

The Operational Plans (OPLANS) against the Drug Problem are:
1. Oplan Thunderbolt I –operation to create impact to the underworld
2. Oplan Thunderbolt II –operations to neutralize suspected illegal drug laboratories
3. Oplan Thunderbolt III – Operations for the neutralization of big time drug pushers’ drug dealers
and drug lords.
4. Oplan Iceberg – Special operations team in selected drug prone areas in order to get rid of
illegal drug activities in the area.
5. Oplan Hunter – operations against suspected military and police personnel who are engage in
illegal drug activities.
6. Oplan Mercurion – Operations against drug stores, which are violating existing regulations on
the scale of regulated drugs in coordination with the DDB, DOH and BFAD.
7. Oplan Tornado – Operations in drug notorious and high profile places.
8. Oplan Greengold – nation wide MJ eradication operations in coordination with the local
governments and NGO’s.
9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help
eradicate drug syndicates involving street children as drug conduit.
 10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in
cooperation with barangay officials.
11. Oplan Athena – operation conducted to neutralize the 14k, the Bamboo gang and other local
organized crimes groups involved in illegal drug trafficking.
12. Oplan Cyclops – operations against Chinese triad members involved in the illegal drug
operations particularly Methamphetamine Hydrocloride.

In the conduct of anti-drug operations, the following must be strictly considered:

1. Respect for Human Rights (Sec. 11, Art. 2, Phil. Constitution)
2. Respect for right of the people to due process and equal protection (Sec. 1, Art. 3, Phil.
Constitution)
3. Respect of Right of the people against unreasonable search and seizure. (Sec. 2, Art. 3, Phil.
Constitution).
4. Respect for right of the people to privacy of communication (Sec. 3, Art. 3, Phil. Constitution).
5. Respect for constitutional rights of the accused undergoing custodial investigation (RA 7438),
(Sec. 12, Art. 3, Phil. Constitution)
6. Respect for the statutory rights of the accused undergoing custodial investigation under RA
7438.

National Campaign Strategies

1. Demand Reduction Strategy

a. Preventive education and information campaigns to prevent further demand of society

particularly the youth.
b. Treatment and rehabilitation of drug dependents.

2. Supply Reduction Strategy

a. Dangerous Drug Law enforcement

b. Judicial and Legislative measures

Rules on Narcotics Operations

General Rules and Procedures:

1. Only specially trained and competent drug enforcement personnel shall conduct drug enforcement
and prevention operations.
2. All drug enforcement and prevention operations shall be covered by a Pre-Operations report.
3. All steps taken before, during, and after the conduct of the operation must be documented and
properly authenticated.
4. Operating units shall promptly submit written a report after the operation.
5. No apprehendee or seized item shall be released without authorization from the duly designated
authority.
6. All pieces of evidence confiscated will be deposited with the proper Evidence Custodian for
safekeeping and proper handling.
7. Each participating element must be given clear and do-able task.

Coverage of the Rules

The rules covers the following anti-narcotics operations.

a. Buy-bust Operations
 b. Search with warrant
c. MJ Eradication
d. Mobile Check point Operations
e. Airport/Seaport Interdiction
f. Controlled delivery
g. Undercover Operations
h. Narcotics Investigation

Buy-Bust Operations

Concept: It is a form of entrapment employed by peace officers as an effective way of apprehending a

criminal in the act of the commission of the offense. Entrapment has received judicial sanction as long
as it is carried with due regard to constitutional and legal safeguards.

Search For Drug Evidence with Warrant

Concept: A search warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. (Sec. 1, Rule 126, Revised Rules of Court)

Marijuana Eradication

Concept: Marijuana eradication involves the location and destruction of marijuana plantations, including
the identification, arrest and prosecution of the planter, owner or cultivator, and the escheating of the
land where the plantations are located.

Mobile Checkpoint Operations

Concept: No other forms of checkpoints other than mobile checkpoints are authorized for drug
enforcement and prevention operations. They shall be established only in conjunction with on-going
operations/situation or when there is a need to arrest a criminal.

Airport and Seaport Interdiction

Concept: Airport and seaport interdiction involves the conduct of surveillance, interception and
interdiction of persons and evidence during travel by air or sea vessels.

Controlled Delivery

Concept: This is the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic
substances or substances substituted for them to pass out of, through or into the territory of one or more
countries, with the knowledge and under the supervision of their competent authorities with a view to
identifying persons involved in the commission of drug related offenses. International cooperation in
facilitating the controlled delivery of illicit drugs is considered the most effective means to neutralize
transnational criminal syndicates.

Undercover Operations

Concept: Undercover operation is an investigative technique in which the personnel involve assumes
different identities in order to obtain the necessary information. This technique may also be considered
as a method of surveillance.
Narcotic Investigation

Concept: Narcotic investigation is a necessary tool employed by drug enforcement agencies in building
up relevant and competent evidence, which are vital in the development of a drug case. Several
investigative techniques may be utilized for the successful attainment of the operation. This include but
not limited to use of informants, interviewing, interrogation, surveillance operations and undercover
operations.