Dangerous Drugs Act

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RA 6425 DANGEROUS DRUG ACT OF 1972 RA 6425

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* Known and Cited as the Dangerous Drugs Act of 1972 * March 30, 1972 FHEPFEM Signed this into Law * Amended by PD # 44 dated November 9, 1972 (Placed under control not only narcotics but also psychotropic substances) * November 14, 1972, the Dangerous Drugs Board was organized. (Provide direction and coordination in the effective implementation of RA 6425 otherwise Known as the Dangerous Drug Act of 1972) RA 6425

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* The DDB serves as the special administration implementing the 1961 convention on Narcotics Drugs, the 1972 Protocol and the 1971 convention on Psychotropic Substances. It is also the Asian Narcotic Agency of the Philippines. * January 7, 1973, FHEPFEM, declared the relentless campaign against traffic and consumption of dangerous drugs * The Military and Police were directed to wage a saturation drive against manufactures, procurers and pushers of illegal drugs as well as drug addicts (Until the traffic and consumption of dangerous drugs is eliminated. RA 6425

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RA 9165 COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 RA 9165

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* The Comprehensive Dangerous Drug Act of 2002, repealing RA # 6425, otherwise Known as the Dangerous Drugs Act of 1972, as amended, providing funds therefore, and for other purposes. It is the Policy of the state to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth from the harmful effects of dangerous drugs on their physical and well-being, and to depend the acts or omissions detrimental to their development and preservation. (The state needs to enhance further the efficiency of the law against dangerous drugs, it being one of today’s more serious social ills. RA 9165

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* The government shall pursue an intensive and unrelenting campaign against trafficking and use of dangerous drugs and integrated system of planning, implementation and enforcement of Anti-drug abuse policies, programs and projects. * The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, include the use of dangerous drugs. * Provide effective mechanism of measures to re-integrate into society individuals who have fallen victims to drug abuse on dangerous drug dependence through sustainable programs of treatment and rehabilitation. RA 9165

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MEANING OF DANGEROUS DRUGS Refers to either: * Prohibited drug – which includes opium and its active components and derivatives, such as heroin and morphine, coca leaf and its derivatives, principally Cocaine, alpha and beta Eucaine, hallucinogenic drugs, Such as mescaline, lysergic acid diethylamide (LSD) and other substances producing similar effects, Indian hemp and its derivatives, all preparations from any of the foregoing and other drugs and chemical preparations, weather habitual or synthetic, with the physiological effects of a narcotic or a hallucinogenic drug. * Regulated drug – which includes self-inducing sedatives, such as secoborbital, pent tar which contains a salt of barbituric acid, isomer, amphetamine, hypnotic drugs, or any compound producing similar physiological effects. RA 9165

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DEFINITION OF TERMS * 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 himself/herself unless administered by a duly licensed practitioners for proposes of medication. * Board – refers to the Dangerous Drugs Board under Section 77, Article IX of this act. * Centers – any of the treatment and rehabilitation Centers for drug dependents referred to on Section 75, Article VIII of this act. RA 9165

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* Chemical Diversion – the sale distribution supply or transport of legitimately imported in transit, manufactured or procured, controlled, precursors and essential chemical, en diluted, mixtures or in concentrated form to any person or entity engaged in the manufacture of any dangerous drugs and shall include packaging, repacking, labeling, re-labeling, or concealment of such transaction through fraud, destruction of documents fraudulent use of permits, misdec laration or use of front companies or mail fraud. * Clandestine Laboratory – any facility for the manufacture of any dangerous drug and/or controlled precursor and essential chemical. * Confirmatory test – an analytical test using a device, tool or equipment with different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. RA 9165

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* Culture or Cultivate – any act of knowingly planting, growing, raising or permitting the planters growing or raising of any plant which is the source of a dangerous drug. * Drug Dependence – a person who is in a state of psychic or physical dependence, or other on a dangerous drugs, following administration or use of that drug on a periodic or continuous basis. * Drug Syndicate – any organized group of two or more 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. * Instrument – any thing that is used in or intended to be used in any manner in the commission of an offense. RA 9165

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* Cannabis or Commonly known as ‘’Marijuana’’ or Indian Hemp – embraces every kind, class, genus or species of the plant cannabis Sativa L including Cannabis Americana, hashish, bhang, gauze, charms and all its varieties or in any forms what so ever. * Methylenedeoxymethamphentamine (MDMA) or Commonly known as ‘’ECSTACY’’ – refers to the drug having such chemical composition including isomer or its derivations in any form. * PDEA – refers to Philippine Drug Enforcement Agency under Section 82, Article IX of this act. * Planting of Evidence – the willful act by any person or maliciously and surreptitiously inserting, adding or attaching directly or indirectly through any overt or covert act of an innocent individual for the purpose of implication, incriminating or imputing the commission of any violation of this act. RA 9165

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* Pusher – any person who sells, trades, administer, dispense, delivers or getaway to another or any terms whatsoever, distributes, transport dangerous drugs or who acts as a broker in any such transactions in violation of their act. * Use – any act of injecting, intravenously or intramuscularly, of consuming, cheering, smoking, sniffing, eating, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. RA 9165

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HISTORY OF DRUG ADDICTION The relatively low incidence of drug abuse in the Philippines during the Spanish and American occupation maybe attributed on their drug control policies in this country. * While the other western colonizers were intensifying the production and sale of opium in China and the Indies, the Spaniards in the Philippines also imported opium and sold it for profit to the Chinese residents in Manila and other urban places in the country. * Spanish drug control laws prohibited the use of opium by the native and other people except the Chinese. Filipinos did not have the opportunity to abuse opium probably not because it was prohibited by law, but because the Chinese were residentially segregated from the native population, in concentration camp like communities called ‘’The Parrian’’. RA 9165

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* When the Americans occupied the country at the beginning of 2oth century a systematic study of the drug problem was conducted. They viewed the problem as a potential social danger to the natives, banned the non-medical use of opium. * European Colonizers – use of opium as a chance to exploit the weaker subject nations. * In 1914 – US Harrison Narcotics Act was signed into law, banning opiate drugs in the Philippines earlier than they did on the US mainland. * In 1903 – The American opium reform commission was organized in the Philippines and was first of its kind in the world. * 1909 – Shanghai International conference on opium reform. RA 9165

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* 1911 – International opium conference held at the Hague, the Netherlands (Commonwealth period) * 1935 – the outbreak of WWII, audiences prevented any attempt to plant opium. * Japanese Occupation: - January 1942 up to the early part of 1945 - Opiate addicts underwent a long ‘’Cold Turkey’’ experience, since the country had been out from the Indies and Chinese opium supply routes. - 1950 – 1955 – the number of opiate addict was most probably the lowest in the Asian region, from a population of 20 million only 50 to 60 persons annually arrested for drug violation. RA 9165

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MARIJUANA IN THE PHILIPPINES * Smoking phenomenon is unique in comparison to other drugs of abuse; * Was not among the original Philippines Flora; * Introduced in to Pasay City, Manila suburb sometime in 1955 by the American for the purpose of producing ‘’Reefers’’; * Sold in taverns in Pasay City and introduced into the school; * Article 190 of the RPC was amended by RA 2060 for being no specific legislation against marijuana. * January 8, 1959 – the first marijuana raid was conducted by the defunct PCCIS in Pasay City. * Today marijuana has reached the countryside, it is cultivated widely all over the country. * Obtained very easily in urban , drug centers and school campuses. RA 9165

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SHABU - the poor man`s cocaine. ECSTACY - Once you get hooked, it’ll ruin your life; - Illegal in every country of the world; - It is also very popular; - Users like to dance and party to the point of exhaustion. RA 9165

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CAUSES AND INFLUENCE OF DRUG ABUSE Disenchantment and Alienation - brought about by poverty ill effects, material deprivation congestion, illness, injustice, helplessness and powerless impersonality of relationship between parents and children and other members of society and the meaningless of existence. Curiosity about things - triggered by mass media and advertising such as music which is full of references to the drug scene and movies glamorizing celebrities who are drug users. Thrill and excitement – Dependence – producing drugs are illegal and prohibited and some people get a kick in doing that is for hidden. Peer Influence – Adolescents usually seek out their peers as models and try to win their acceptance. RA 9165

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Attention getting - some kids abuse drugs to get the attention of the parents. Escape – Get out and to get away from reality. Searching – they want to find new meaning in their lives and existence. Need for acceptance – kids rejected from home and/or school, the bad barkada maybe the only one who will accept them. The barkadas maybe the only relationship of trusts she/he has. Rebellion – during the adolescent stage, begins to reject parental norms, values and customs. Parents are often accused to being old factoid. Lifestyles – using drugs is a simple way of life accepted drugs as part of life. RA 9165

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Pleasures – by nature man is pleasure seeker. Relieved one wordily pains and unpleasantness. Unnamed needs – satisfy variety of needs; love, releases from pressure, loneliness and others. Self Treatment by persons suffering from: a. psychic stress, social and economic stress block opportunity depression, anxiety and other psychiatric disorders. b. Physical distress c. Belief that drugs has special power or to increase sexual capacity. RA 9165

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PROFILE OF DRUG ADDICT AGE – 15 -25, most common age or mean age is 18; are in the adolescent period. SEX – Majority are Male 15:1 Civil Status – 90% are single and only 10% are married or with families. Educational attainment – Majority are High School Students, 3rd or 4th year, or if in college they are freshmen and sophomore classes. Occupation – most are either jobless or students. Very few are gainfully employed. If employed majority are clerks, laborers, they have often have a history of having dropped out of school. By Birth and Size of the Family - often times eldest or youngest; - In bigger family either the second or middle child By Residence – Urban. RA 9165

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DRUG CLASSIFICATION AND EFFECTS 1* Depressant (Barbiturate) – EFFFECTS: a. Behavior like that of alcohol intoxication, but without the order of alcohol on breath; b. Staggering, Stumbling or apparent drunker without use of alcohol; c. Falling asleep while at work; d. Charred speed; e. Pupils dilated; f. Difficulty in concentrating. RA 9165

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DRUG CLASSIFICATION AND EFFECTS 2* Stimulants (Amphetamines) – EFFFECTS: a. Excessively active, irritable, argumentative or nervous; b. Excitation, euphoria and talkativeness; c. Pupils dilated; d. Long periods without eating or sleeping; e. Increased blood pressures or pulse rates. RA 9165

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DRUG CLASSIFICATION AND EFFECTS 3* Narcotics – EFFFECTS: a. Scar tracks; b. Pupils constricted and fixed; c. Scratches self frequently; d. Lost of appetite; e. Eats candy, cookies and drunks sweet liquids; f. Sniffles, red, watering eyes, flushed akin, frequent yawning and muscular twitching. g. Letherxegy, drowsiness's and going on the nod. RA 9165

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DRUG CLASSIFICATION AND EFFECTS 4* Marijuana – EFFFECTS: a. appear animated writer rapid, loud talking and burst of laughter and sleepy; b. Pupils dilated and eyes blood shots; c. Distortions of perception; d. May work reasonably well; e. hazardous to drive machinery; f. Mental deterioration. RA 9165

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DRUG CLASSIFICATION AND EFFECTS 5* SHABU and other Hallucinogens – EFFFECTS: a. Behavior and mood very kindly; b. Dilated pupil; c. Increase Blood Pressure, heart rate and blood sugar; d. Nausea, chills, flushes sweating and trembling hands; e. Changes sense of sight hearing, touch, smell and time; RA 9165

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DRUG CLASSIFICATION AND EFFECTS 6* Glue or Hydrocarbon (Gasoline) – EFFFECTS: a. Inhaled on breath and clothes; b. Excessive nasal secretion and watering eye; c. Poor Muscular control; d. Drowsiness or unconsciousness ; e. Slurred speak; f. Bad breath. RA 9165

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RECOGNIZING THE DRUG ADDICT * A drug addict will do everything possible to conceal his hobbies; * Changing attendance at work or school; * Change from normal capabilities; * Poor physical appearance; * Inattention to dress and personal hygiene; * Wearing sunglasses constantly at in appropriate time; * Unusual effort made to cover and in order to hide needle marks; * Association with known drug abusers; * Stealing items which can readily sold for cash; and * Changes in mood. RA 9165

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RA 9165 COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 RA 9165

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ACTS PUNISHABLE BY LIFE IMPRISONMENT TO DEATH: * Importers of Dangerous Drugs (Section 4) * Financiers of Drug Operations (Section 4) * Distributors, Brokers, Transporters, and Sellers/Traders (Deliver) (Section 5) * Maintenance of Den/Resort for Drugs (Section 6) RA 9165

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ACTS PUNISHABLE BY LIFE IMPRISONMENT TO DEATH: * POSSESSION OF DANGEROUS DRUGS (Section 11) - 10 Grams or more ---- Opium - 10 Grams or more ---- Morphine - 10 Grams or more ---- Heroine - 10 Grams or more ---- Cocaine - 10 Grams or more ---- MJ Resin/Oil - 10 Grams or more ---- Shabu - 500 Grams or more --- Marijuana - 10 Grams or more ---- other dangerous drugs (Ecstacy, LSD, ect) RA 9165

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(METHYLENEDIOXYMENTHAMPHETAMINE) MDMA aka ‘’ ECSTACY’’ * Europe, US, some Asian Countries; * ‘’Hug Drug’’ or ‘’ Feel Good’’ Drug; * Reduce Inhibitions; * Eliminate Anxiety; * Feeling of Empathy for others; * Suppress need to Eat, Drink and Sleep; * Endure all-night/2-3 day Parties. RA 9165

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ACTS PUNISHABLE BY LIFE IMPRISONMENT TO DEATH: * Cultivation/Culture of Plants (Dangerous Drugs, Section 16) * Possession of Dangerous Drugs during parties, meetings or social gathering (2 person or more) (Section 13) RA 9165

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ACTS PUNISHABLE BY LESSER PENALTIES: * Life Imprisonment – 10 grams or more but less than 50 grams of SHABU * 20 years – Life - 5 grams or more but less than 10 grams of SHABU * 12 yrs – 20 yrs – less than 5 Grams of any Dangerous Drugs * 12 yrs – 20 yrs - Protector/Coddler (Section 27) * 12 yrs – 20 yrs - Unnecessary Prescription (Section 18) * Life to Death - Unlawful Prescription (Section 19) RA 9165

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OTHER PROVISIONS: * Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs (Section 12) – 6 Months to 4 years Imprisonment. * Use of Drugs: (Section 15) - 1st Offense – 6 Months Rehabilitation - 2nd Offense - 6 yrs – 12 yrs Imprisonment - 3rd Offense - 12 yrs – 20 yrs Imprisonment RA 9165

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OTHER PROVISIONS: * No ‘’Plea Bargaining’’ (Section 23); * Probation Law – Not applicable (Section 24); * Attempt or Conspiracy (Section 260: - Section 4, Section 5, Section 6, Section 8 and Section 16; - Will be penalized with the same penalty. RA 9165

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DISPOSITION FLOWCHART (SECTION 21) Phase 1 SEIZURE / CONFISCATION immediately INVENTORY / PHOTOGRAPH within 24 hours PDEA F ORENSIC Laboratory (conducts quantitative and qualitative exam) within 24 hours manageable volume Complete Laboratory Result issued (under oath) If not manageable Partial Result Issued within 24 hours RA 9165

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72 HOURS AFTER FILING OF THE CASE Phase 2 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 (with PDEA) Forwarded to Court for Evidence within 60 days RESOLUTION OF CASE/COURTDECISION within 24 hours from receipt of evidence DESTRUCTION / BURNING OF REPRESENTATIVE SAMPLE RA 9165

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CERTIFICATE OF INVENTORY * SPECIFICS - Person Arrested - Date/Time of Arrest - Place of Arrest * SEIZED ITEMS * WTINESSES - Media - Department of Justice - Elected Public Official - Suspect/Represented RA 9165

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OTHER PROVISIONS: * Life to Death – any public officer (Section 27) - Misappropriate - Misapplies - Fails to account for confiscated drugs * Planting of evidence – Death (Section 29) * Violations of Regulations Issued by DDB (Section 32) - 6 Months to 4 Years plus Admin Sanctions from the Board RA 9165

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IMMUNITY FROM PROSECUTION AND PUNISHMENT (SECTION 33) * Violation of Section 7, 11, 12, 14,15 & 19; - Violation of Section 4, 5, 6, 8, 10, 13, & 16; - Committed by a drug syndicate/any of its members; - Willing to testify against such persons; * Information and testimony are necessary; * Information and testimony are not yet in the possession of the state; * Corroborated on its material points; * Not been previously convicted of any crime. RA 9165

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OTHER PROVISIONS: * Mandatory Drug Test: - Military, Police and other LEA (yearly) (Section 36-E) - All persons charged with criminal offense * Not less than 6 years and 1 day (Section 36-F) - Apprehended/arrested for violation of RA 9165 (Section 38) RA 9165

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PROGRAM FOR TREATMENT AND REHABILITATION * Voluntary submission of a drug dependent to confinement, treatment and rehabilitation; (Section 54) RA 9165

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PROGRAM FOR TREATMENT AND REHABILITATION * Voluntary submission of a drug dependent to confinement, treatment and rehabilitation; (Section 54) RA 9165

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PROGRAM FOR TREATMENT AND REHABILITATION * Compulsory confinement of a drug dependent who refuses to apply under the Voluntary submission program; (Section 61) RA 9165

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Section 82: Creation of PHILIPPINE DRUG ENFORCEMENT AGENCY * Serves as implementing arm of DDB * Responsible for efficient and effective law enforcement of all provisions of the act. RA 9165

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RELATIONSHIP BETWEEN PDEA AND OTHER AGENCIES (Section 86, RA 9165) * Section 86 – Transfer, Absorption and Integration of all operating units on illegal drugs into the PDEA and Transitory Provisions: - Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws; - Provided, however, that when the investigation being conducted by the NBI, PNP or any AD HOC Anti-Drug Task Force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency; - The NBI, PNP or any of the task force shall immediately transfer the same to the PDEA: further, that the NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug-related matters. RA 9165

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RELATIONSHIP BETWEEN PDEA AND OTHER AGENCIES (DOJ Opinion No. 67, S. 2002) ‘’….The PNP and NBI are no longer authorized to conduct Anti-Drug Operation without the involvement of the PDEA, which is now the principal Anti-Drug Law Enforcement Agency of the government pursuant to R.A. No. 9165.’’ RA 9165

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RELATIONSHIP WITH OTHER AGENCIES (Section 86, IRR of RA 9165) * The PDEA shall be the lead agency in the enforcement of the Act, while the PNP, the NBI and other law enforcement agencies shall continue to conduct anti-drug operation in support of the PDEA: - Provided, that the said agencies shall, as far as practicable, coordinate with the PDEA prior to anti-drug operation; - Provided, further, that, any case, said agencies shall inform the PDEA of their anti-drug operations within twenty-four (24) hours from the time of the actual custody of the suspects or seizure of said drugs and substances, as well as paraphernalia and transport equipment used in illegal activities involving such drugs and/or substances; and - Shall regularly update the PDEA on the status of the cases involving the said anti-drug operations. RA 9165

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RELATIONSHIP BETWEEN PDEA AND OTHER AGENCIES (Executive Order 218 dated June 18, 2002) * The Office of the President, the PNP and other agencies which were performing drug law enforcement and prevention function prior to the enactment of RA 9165 shall organize anti-drug task forces to support the PDEA; * PDEA to exercise operational supervision and provide technical support. RA 9165

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Section 91: Responsibility and Liability of LEAs other Government Officials and Employees in Testifying as Prosecution of Witness in Dangerous Drug * Fails/Refuses intentionally or negligently after due notice - 12 years – 20 years; - Not less than Php 500,000; - Administrative liability. * Immediate superior (does not exert reasonable effort to present the witness) - 2 months – 6 years; - Php 10,000 – 50,000; - Perpetual absolute disqualification from public office. RA 9165

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Section 92: DELAY AND BUNGLING IN THE PROSECUTION OF DRUG CASES * Any government officer or employee tasked with the prosecution of drug-related case; - Causes the unsuccessful prosecution/dismissal of the said cases: - 12 years – 20 years. RA 9165

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PRE-OPERATION REPORT * Summary of information; * Course of action; * Duration; * Target Location; * Operational Requirement; * Coordination to be Made. RA 9165

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RA 9165

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RA 9165

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RA 9165

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PROBLEMS RE-PROSECUTION OF THE CASE: * Tagging of evidence (physical inventory/ocular inspection); * Physical inventory (within 24 hours) * Lack of necessary attachments (case folder) * Affidavit should state the weight of illegal drugs Countersign (buy bust) - As an aid to identify the evidence during trial RA 9165

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ATTACHMENT FOR SEARCH WARRANT: * Joint affidavit of the apprehending officers; * Photocopy of search warrant; * Receipt of property seized; * Inventory of property seized; * Laboratory request/urine request; * Result of Laboratory and Urine; * Affidavit of witnesses; * Affidavit of Desk officer; * Affidavit of the Photographer; * Pictures taken during inventory; RA 9165