Local Media8378643080153965459
Local Media8378643080153965459
Local Media8378643080153965459
AND VICE
CONTROL
MYLENE P. VALES
Table of Contents
CHAPTER I
1
HISTORY OF DRUG ABUSE..................................................................................................................
DEFINITION OF TERMS.......................................................................................................................
PRESCRIPTIVE DRUGS.....................................................................................................................
OVER-THE-COUNTER DRUGS (OTC)..............................................................................................
The "Self-Medication Syndrome".....................................................................................................
METHODS OF ADMINISTRATION.......................................................................................................
CAUSES OF DRUG ABUSE....................................................................................................................
Primary Cause or Causes and Contributory Factors to Drug Abuse.............................................
CHAPTER II
2
Treatment and Rehabilitation of Drug Dependents......................................................................
GENERAL CONCEPT OF TREATMENT AND REHABILITATION PROGRAM...................................
VOLUNTARY SUBMISSION OF DRUG DEPENDENT TO CONFINEMENT, TREATMENT
AND REHABILITATION.......................................................................................................................
EXEMPTION FROM CRIMINAL LIABILITY UNDER VOLUNTARY SUBMISSION PROGRAM
...............................................................................................................................................................
PROBATION AND COMMUNITY SERVICE UNDER THE VOLUNTARY SUBMISSION
PROGRAM.............................................................................................................................................
CONFIDENTIALITY OF RECORDS UNDER THE VOLUNTARY SUBMISSION PROGRAM.............
SUSPENSION OF SENTENCE OF A FIRST TIME MINOR OFFENDER............................................
CHAPTER VI
CHAPTER I
Causes and Influences of Drug Abuse
3
Drug abuse is as old as humanity itself, its history traces back 9,000 years
before the birth of Christ in the Ancient Kingdom of Samaria.
DEFINITION OF TERMS
Hundreds of pure chemicals have been developed from plants and put
into pills, capsules or liquid medicines. There are also two forms of drugs, natural
and synthetic/artificial. The natural drugs include natural plant leaves, flowering
tops, resin, hashish, opium, and marijuana, while the synthetic drugs are
produced by clandestine laboratories which include those drugs that are
controlled by law because they are used in medical practice. Physicians prescribe
them and are purchased in legitimate outlets like drug stores.
4
Drugs also help people's bodies and minds function better during an
illness. But drugs have to be taken correctly in order to do these things. The
wrong drug or the wrong amount of the right one can make an illness worse,
destroy blood cells, damage the body and many cause death. For this reason,
most drugs can be legally purchased only with doctor's written order called a
prescription. Only a medical doctor can prescribe medicinal drugs. These drugs
could be dangerous and must be used with care, according to the doctor's
prescription. He gives direction on how much medicine to take and how often.
Drug Abuse - deliberately taking a substance for other than its intended
purpose and in a manner that can result in damage to the person's health or his
ability to function.
Physical Dependency - when the dependent that has been adjusted to the
drugs develops withdrawal symptoms in the absence of drug.
PRESCRIPTIVE DRUGS
a. The correct drug with the correct drug content is given to the correct
patient in the correct dosage form;
b. The pharmacist must counsel the patient to make sure that he/she
takes the drugs correctly, and
c. The pharmacist must be aware of and know about the possible
toxicities possessed by the OTC drugs to avoid food/drug
incompatibilities and overdoses.
6
pharmacists and health workers. These could be members of the family, relatives
and/or neighbors, all of whom may have previously used the drug for their
specific disease or disorder. Self-medication may work against the good of the
user because it can lead intoxication and other adverse reactions.
Most drugs act within a cell, rather than on the surface of a cell or in the
extra cellular fluids of the body. Similar to normal body chemicals, a drug enters
a cell and participates in a few steps of the normal sequence of a cellular
process. Thus, drugs may later, interfere with or replace chemicals of normal
cellular life, hopefully for the betterment of the person. The actual action of a
particular drug depends on its chemical make-up.
When the two drugs are taken together or within a few hours of each
other they may interact with unexpected results. This is one reason a physician
should always know the names of all drugs one is using. A dose of a drug is the
amount taken at one time. The doses taken become an extremely important part
of drug abuse. The amount of drug in a dose can be described as:
Minimal dose - amount needed to treat or heal, that is, the smallest
amount of a drug that will produce a therapeutic effect.
Maximal dose – it is the largest amount of a drug that will produce a
desired therapeutic effect, without any accompanying symptoms of
toxicity.
Toxic dose – it is the amount of a drug that produces untoward effects
or symptoms of poisoning.
Abusive dose – it is the amount needed to produce the side effects
and action desired by an individual who improperly uses it.
Lethal dose – it is the amount of drug that will cause death.
7
METHODS OF ADMINISTRATION
Peer pressure
8
Curiosity
So much has been written and said about drugs that many people are
tempted to experience them out of curiosity. The first taste, and its effect on the
user, greatly influences the individual to continue taking drugs. The younger
the age at which an individual first tries drugs, the more apt he or she
is to try them again.
Ignorance
For decades, misinformation about the dangers of illegal drug use has
been plentiful. Governments, scientists, experts and others have had only limited
success in communicating accurate information. As drug use has spread
throughout the world, myths have been perpetuated and facts have often been
distorted and subjected to ridicule. Individuals often begin taking drugs as an
experiment, with the belief that the substances are not dangerous. If the drug
provides the effect the individual is seeking, then the user’s lack of knowledge
about the health consequences permits continued use. By the time the dangers
are fully realized, it is often too late for the person to stop taking drugs or to
reverse the damage done.
Alienation
9
In many parts of the world, the exodus of people from rural to urban
areas in search of work and a better life continue. Often, these people face
certain obstacles for the first time. Separation from family members and
traditional values and support structures can lead to loneliness, isolation and
despair; a lack of schooling and/or skills often translates to unemployment; the
nature of city life, in general, may be difficult to adjust to. Many of the problems
associated with creating a new life style can lead individuals to turn to drugs.
In the fight against drug abuse no better doctrine is more aptly relevant
than the axiom “AN OUNCE OF PREVENTION IS BETTER THAN A POUND OF
CURE”. In this light, education has been recognized lately as a vital weapon to
combat innocence and curiosity that are considered as the principal causes of
drug abuse.
The abuse starts from the innocence and curiosity of people in the
improper use of drugs, aggravated by multi-faceted problems. Any or all of these
factors influence the young people to abuse drugs.
Family
School
The school is the second home of the child. Their second parents are the
teachers. Both equally play an important factor in drug abuse. The factors are:
1. The absence of a basic drug education on the proper use of drugs in the
school;
2. Some schools are not giving the right basic drug education to the
students;
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3. Teachers have not been well-trained or have not acquired the necessary
teaching knowledge;
4. Teachers are not aware of personal conflicts of their students;
5. Teachers are not sensitive to the needs of their students; and,
6. Teachers are oftentimes concerned only with the academic achievement
of the child while their personality growth is neglected.
Community
Biological Factors
Psychological Factors
11
4. Escape from reality – The drug user simply wants to get away from
reality.
5. Mental problem – Illegal drug use has been associated with a variety of
psychiatric problems such as depression and anxiety. It is viewed as an
expression of personality deficiency or symptom of psychotic disturbance.
6. Attention getting – Using drugs is a way to get the attention of either their
parents or loved ones; thus, to become the center of attraction in the
family.
Parental Negligence
There are some unpalatable parental relations that are critical to the basic
foundation of the children that results to a poor parent-children relationship,
such as:
Sociological Factors
Some of the sociological factors that influence drug use are as follows:
CHAPTER II
Adverse and Ill-Effects of Drug Abuse
TOXICOLOGY
13
Allergy - some drugs cause release of histamine giving rise to allergic
symptoms such as dermatitis, swelling, falls in blood pressure,
suffocation and death.
Idiosyncrasy - for unexplained reasons, morphine, which sedates all
men, stimulates and renders some women maniacal. Perhaps the
phrase "catty woman" has a pharmacologic basis since most mammals
are sedated by morphine but some cats become extremely excited by
it.
General protoplasmic poison property - drugs are chemicals and some
of them have the property of being general protoplasmic poisons.
Side Effects - some drugs are not receptors for one organ but
receptors of other organs as well. The effect in the other organ may
constitute a side-effect which is unwanted.
Personality Deterioration
14
Losses of so many things at home and at times from neighbors at
school and at work
Mental Deterioration
Spiritual Deterioration
15
4. Neighborhood association becomes inactive
16
Despite recent success in some parts of the world in controlling the
supply, diversion and trafficking of illegal drugs, the scope of the narcotics
problem today transcends law enforcement and public health questions,
posing a threat to the security and integrity of nations and regions. The
narcotics trade undermines governments and officials through corruption,
intimidation, and economic destabilization. The erratic ebb and flow and
sheer volume of drug money have a destabilizing effect on the supply of
money and exchange markets. Moreover, the threat posed to individuals
the world over by drug-related acts of terrorism is very real.
17
Symptoms of:
1. Depressants
Narcotics
- Lethargy, drowsiness
- Pupils are constricted and fail to respond to light
- Inhaling heroin in powder form leaves traces of white powder
around nostrils, causing redness.
- Injecting heroin leaves scars, usually on the inner surface of the
arms and elbows although user may inject drug in the body where
needle marks will not be seen readily.
- User often leaves syringes, bent spoons, bottle caps, eye droppers,
cotton and needles in lockers at school or hidden at home.
- User scratches self frequently
- Loss of appetite
- Sniffles, running nose, red watery eyes, coughing, which
disappears when user gets a "fix"
Barbiturates/Tranquilizers
Volatile Solvents
2. Stimulants
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- pupils may be dilated
- mouth and nose dry, bad breath; licks lips frequently
- goes long periods without eating or sleeping; nervous; has difficulty
sitting still
- chain smoking
- if injecting drug, user may have hidden eye droppers and needles
among possessions
Shabu
3. Hallucinogens
Marijuana
LSD/STP/DMT/THC
1. Talk to someone you trust. Don’t bottle things up inside – cry, shout, laugh,
feel sad about your problem.
19
a. talk to someone you trust
b. talk to your teacher
c. talk to your family doctor
d. talk to your spiritual director
CHAPTER III
Sources of Prohibited and Regulated Drugs
Prohibited Drug
Prohibited drug includes opium and its active components and derivatives,
such as heroin and morphine; coca leaf and its derivatives, such as principally
cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline,
20
lysergic acid diethylamide (LSD) and other substances producing similar effects;
Indian hemp and its derivatives; all preparations made from any of the
foregoing; and other drugs and chemical preparations, whether natural or
synthetic, with the physiological effects or a narcotic or a hallucinogenic drug.
Regulated Drug
21
Alcohol – it is the king of all drugs with potential for abuse. The
most widely used, socially accepted and most extensively legalized
drug throughout the world.
Amphetamines – is used medically for weight reducing in obesity,
relief of mild depression and treatment of narcolepsy.
Cocaine – can be taken orally, injected or sniffed as to achieve
euphoria or an intense feeling of “highness”.
Caffeine – it is present in coffee, tea, chocolate, cola drinks, and
some wake-up pills.
Shabu – is also known as “poor man’s cocaine” and chemically
known as methamphetamine. It is a white odorless crystal or
crystalline powder with a bitter numbing taste.
Nicotine – an active component in tobacco which acts as a powerful
stimulant of the central nervous system.
Marijuana – it is the most commonly abused hallucinogen in the
Philippines because it can be grown extensively in the country.
LSD (Lysergic Acid Diethylamide) – this drug is the most powerful
of the psychedelic obtained from ergot, a fungus that attacks rye
kernels.
Peyote – Peyote is derived from the surface part of small gray-
brown cactus.
Mescaline – it is the alkaloid hallucinogen extracted from the
peyote cactus and can also be synthesized in the laboratory.
STP – it is a take-off on the motor oil additive. Its effects are
similar to the nerve gas used in chemical warfare.
Psilocybin – this hallucinogenic alkaloid from small Mexican
mushrooms are used by Mexican Indians. These mushrooms induce
nausea, muscular relaxation, mood changes with visions of bright
colors and shapes, and other hallucinations.
Morning Glory Seeds – the black and brown seeds of the wild
tropical morning glory plant are used to produce hallucinations.
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3. Hallucinogens – consists of a variety of mind-altering drugs which
distort reality, thinking and perceptions of time, sound, space and
sensation.
CHAPTER IV
Aspects of Drug Education and Enforcement
of Drug Related Laws
The Criminal Justice System shall endeavor to reduce the supply of the
drug chain to the barest minimum level possible. This is to simultaneously drive
the prices of drugs skyrocketing high and create acute shortage of the
contraband to death-knell level. The drug supply reduction drive involves the five
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(5) pillars of the Criminal Justice System - law enforcement, prosecution, courts,
correction, and community, the main objective of which is to neutralize sources
of illegal drugs, from street-level pushers to big time drug lords and traffickers.
This involves the arrest of drug personalities, seizure of illegal drugs, filing of
cases, and prosecution of arrested personalities. Following measures shall be
implemented:
The NGAs, LGUs, GOCCs, and participating NGOs shall exert all-out and
sustained efforts to reduce, if not eradicate, the demand side of the drug chain.
This effort concentrates on anti-drug advocacy along the lines of public
information, preventive education, intervention, and treatment and rehabilitation.
This drive shall be carried out by using all three approaches, targeting all the
three main groups as follows:
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Tertiary prevention provides treatment and aftercare or rehabilitation
to help people get off and stay off drugs. It tries to save the
casualties of drug use, to revive them, and then help them stay "out
of the drug river". Addicted and recovering people may profit from the
kinds of measures listed under primary and secondary prevention, but
typically will also need intense and extended one-on-one services, as
well as long-term support. Both the AIDS epidemic and the mounting
numbers of children suffering from intra-uterine drug exposure call for
intensified prevention activities at the tertiary stage. Successful
treatment and rehabilitation reduces the prevalence of drug abuse.
Background
Objective
How to Report
Private Citizens can report illegal drug activities using the Information
Report Form (IRF). The summary of information must be placed in the
handwriting of the informant or in case the informant cannot write, by another
person with the informant's approval and direction. In the latter case, it is
necessary that the thumbmark be that of the informant.
Pursuant to Section 22, Article II of Republic Act No. 9165, the DDB
issued Board Regulation No. 5, Series of 2003 on July 18,2003 that prescribed
25
the new guidelines and procedures of the project. The following questions and
information requirements in the IRF must be accomplished as follows:
What: refers to the illegal drug activity being reported, like importation,
sale, administration, delivery, distribution and transportation, manufacture of
dangerous drugs, possession and other prohibited acts provided for in Section II
of the Act;
Who: refers to persons and drug groups directly involved in the illegal
drug activity;
Where: refers to the exact address of the place where the illegal drug
activity will happen, is happening or has happened. The street number,
barangay, town/city and province must be included;
When: refers to the date and if possible the time that the illegal drug
activity will happen, is happening or has happened and if there is a possibility
that the activity will be repeated;
Why: refers to the motive of the person involved in the illegal drug activity
or the reasons why the informant believes that an illegal drug activity is taking
place;
How: refers to the method used in the illegal drug activity. This may
include, among others, the type of vessels/vehicles used, the method of delivery
and other relevant information;
Codename: refers to any alias used by the informant for the purpose of
identification by the Operation Private Eye secretariat. This is used to conceal the
identity of the informant;
Information Report Form (IRF) No.: refers to the serial number of the
form.
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THE PURPOSE OF SEGREGATING THE PUSHERS AND USERS FROM THE
PUBLIC
The first is that violence resulting from the use of drugs - the violence
committed by users either as a result of their effects or the abuser's committing
of violent acts to obtain money to purchase drugs.
The use of illegal drugs and crime go hand in hand. In far too many
cases, drug users will literally do anything to obtain enough drugs to satisfy a
habit.
When individuals begin to take drugs, they accept the obvious risks to
their personal health and well-being, both physical and psychological. After
prolonged used of or the development of an obsession for a drug, the personality
of the user is notably altered. This is a major obstacle encountered when
attempting to overcome drug dependency. The problem is exacerbated if the
user has also become adjusted to criminal behavior. While physical addiction to a
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drug is not a prerequisite for criminal activity, the user who tries to support a
drug habit, whether it stems from marijuana, heroin and cocaine, often
commands limited funds and thus resorts to any of a wide range of illegal
activities.
While obviously not all crimes are necessarily connected with the
acquisition of drugs, many crimes are committed by individuals while under their
influence. A recent study in metropolitan areas of a major industrialized nation
found that roughly 50% of those arrested on the street had one or more drugs in
their system.
The Executive Order No. 218 was issued by Malacañang to strengthen the
support mechanisms for the Philippine Drug Enforcement Agency (PDEA). The
President herself saw an urgent need to pursue a forceful, intensive and
unrelenting campaign against drug trafficking and the use of illegal drugs,
whether syndicated or street-level.
In addition, Dep. Dir. Gen. Edgar B. Aglipay, Deputy Chief PNP for
Administration was ordered to head and supervise in concurrent capacity the
newly created Task Force. Thus, after a year of its operation, the AIDSOTF has
gained the respect of the PNP, civil society and even of the President.
The name AIDSOTF is now the nightmare of all illegal drug traffickers and
manufacturers in the country.
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Strengthening the Support Mechanism for the Philippine Drug Enforcement
Agency
WHEREAS, pursuant to R.A. No. 9165, the Dangerous Drugs Board (DDB)
is the policy-making and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control;
WHEREAS, R.A. No. 9165 provides for the abolition of the drug
enforcement units of the Philippine National Police (PNP), the National Bureau of
Investigation and the Bureau of Customs;
WHEREAS, the same Act also provides that the personnel of the abolished
units shall continue to perform their task as detail service with the PDEA until
such time that the PDEA is fully operational and is able to recruit a sufficient
number of new personnel to do the task themselves;
WHEREAS, the PDEA, as the lead agency tasked to enforce R.A. No. 9165,
is still in its transition period and still has to develop its institutional capabilities to
be able to accomplish its mandated task;
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other agencies, the President of the Philippines shall determine whether the DDB
or the PDEA shall exercise operational supervision.
SECTION 3. Funding. - Funds for the operation of the task forces shall be
sourced from the mother agencies creating the task force and from the gross
receipts of lotto operations. For this purpose, the Philippine Charity Sweepstakes
Office is hereby ordered to create a standby fund in the amount of One Billion
Pesos (P1,000,000,000.00) to fund the operations of the PDEA and the task
forces supporting it.
SECTION 4. Repeal. - Executive Order No. 206 dated May 15, 2003 is
hereby repealed. All orders, rules, regulations and issuances, or parts thereof,
which are inconsistent with this Executive Order are hereby repealed or modified
accordingly.
Hereunder are the various measures that will serve as the new guidelines
in the conduct of anti-illegal drug operations in Metro Manila and which will be
eventually adopted nationwide:
B. There shall also be created 1 Anti-illegal Drug Counter Intelligence (CI) Team
at the regional level and 5 CI Teams at the district level. Their main task
shall be to monitor the operations as well as activities of the AID Teams to
deter members of the AID Teams from committing irregularities. The CI
Teams shall also initiate lifestyle check on members of AID Teams as well as
any policeman involved in "hulidap" or "bangketa" operations or in the drug
trade.
30
C. The newly organized AID Teams shall be closely supervised by
Headquarters, AIDSOTF and RD, NCRPO. In line with this, the AID Team
Leaders shall attend a weekly conference at AIDSOTF Conference Room
every Wednesday at 3:00 p.m. Aside from the 43 AID Team Leaders, the
Chiefs of the District PNP Crime Laboratory Office shall also attend.
1. Pre-Operations Stage:
2. Operations Stage:
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appearance or cellphone call and inform the host territorial unit of
the result of operation whether positive or negative without
necessary going into details.
c. Immediately after an arrest is made, Team Leader should inform TF
Commander, AIDSOTF and RD, NCRPO through text the initial
result of operation for their information. (TF Commander, AIDSOTF
CP No: 09178131310)
3. Post-Operations Stage:
a. Bring suspect to crime lab for drug test and testing for presence of
ultra-violet powder if ultraviolet powder-dusted buy bust money
was used.
b. Bring seized drug evidence to Crime Laboratory for laboratory
examination. (NLT six hours from time of arrest. Otherwise,
Request for Laboratory Examination should have a Letter-
Endorsement from the District Director concerned explaining the
delay in the submission of the drug specimen to the Crime
Laboratory for examination.)
c. Bring suspect to the hospital for medical checkup.
d. Completely fill up Arrest and Booking Sheet including taking mug
shots of arrested suspect.
e. Submit Spot Report.
f. Make separate affidavits of arrest.
Evidence Handling
Drug Seizures
One officer, preferably the officer who made the seizure, should be
detailed to take charge of the drug found. The following procedure should guide
him:
32
1. Identify the seizure in some permanent way using indelible markings
or non-removable labels or wax-sealed tie on tag.
2. The identification should give details of the time, date and place of
seizure, and the name of the owner or suspect where an arrest had
been made.
3. The officer should complete the identification of the seizure by placing
his initials or signature on the identifying label.
4. Where a suspect charged demands a sample of the seized drug for
independent analysis, the desired sample should be place in a suitable
container. This should then be sealed in such a way as to prevent
tampering with, preferably with the signature of the suspect and the
officer appearing on the seal and delivered by the suspect or his
representative and the officer to the analyst nominated by the suspect.
5. Where the seizure is later taken by another officer - as in during
questioning - that drug is shown to suspect during questioning - that
officer should continue the chain of identification by placing his initials
on the label.
6. The seized drug should be held by as few parties as possible. A
permanent written record of the movement of the seizure, noting
times, dates and signatures of receiving parties, should be maintained.
7. As soon as after seizure, the drug should be sealed in a container in
such a way as to prevent loss or tampering with. The seal should be
affixed in such a way that it will be impossible to open the container
without breaking the seal. The seal should bear the same identification
as the seizure itself.
8. The seizure should be retained by the officer in the area designated by
his command, the security of which will satisfy the scrutiny of the
court.
9. Where the nature of the seizure requires special storage conditions or
facilities, this should be arranged and the security of the seizure
maintained.
10. At the first opportunity, the officer should himself deliver the seized
drug(s) to the laboratory for examination.
11. If the commitments of the officer holding the seized drug(s) are such
that he cannot travel to the laboratory, he should hand the same to
another officer who should make the delivery personally.
12. If personal delivery is not possible, the seized drug(s) should be
carefully packed in a parcel which is then sealed. This should be
adequately addressed and shipped by certified delivery mail.
A separate letter should be addressed to the laboratory by the
officer, fully describing the parcel, its contents, its seal, and the mode
of shipment, with a request for a written receipt of the parcel from the
laboratory. To minimize the number of witnesses called to prove the
33
chain of custody, the letter should indicate that the parcel is to be
opened by the analyst who is to make the examination.
Photographs
Court Process
Documents
Investigative Records
34
MODUS OPERANDI OF PUSHERS
Marijuana - Pot, Grass, Weed, Refer, Dope, Mary Jane, Sinsomilla, Acapulco
Gold, Thai Sticks, "Damo"
Inhalants
35
1. Nitrous Oxide - Laughing gas, Whippets
2. Amyl Nitrite - Poppers, Snappers
3. Butyl Nitrite - Bolt, Locker room, Bullet
4. Chlorohydrocarbon - aerosol spray
5. Hydrocarbon - Solvents
Stimulants
1. Cocaine - Coke, Flake, White blow, Nose candy, C, Snow bird, Lady
2. Crack or Cocaine - Crack, Freebase, rocks, Rock
3. Amphetamine - Speed, Uppers, Ups, Black pep pills, Co-pilot,
Bumblebees, Heart, Footballs
4. Methamphetamine - Crack, Crystal math, Methedrine, Speed, "Shabu"
Depressants
Hallucinogens
1. Phencyclidine - PCP, Angel dust, Hog, Love boat, Killer weed, Lovely,
Cyclone, Dead on Arrival (DOA)
2. Lysergic Acid Diethylamide - LSD, Acid, Green or Red dragon, White
lightning, Blue heaven, Sugar cubes
3. Mescaline and Peyote - Mesc, Buttons, Cactus
4. Psilocybin - Magic mushrooms, Mushrooms
Narcotic
1. Heroin - Smoke, Horse, Brown sugar, Junk, Mud, Big H, Black tar
2. Methadone - Dolly, Dolophine, Methadose, Amidone
3. Morphine - Pectoral syrup, Sweet amorpheus
4. Codeine - Empirin compound with codeine, Codeine, Codeine in cough
medicines
5. Meperidine - Pethidine, Demerol, Mepergan
6. Opium - Paregoric, Dakers powder, Parapectolin
7. Other Narcotics - Percocet, Parcodon, Tussiunex, Fentanyl, Darvon, Valium,
Lomotil
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ILLICIT DRUG TRAFFICKING
1. Hierarchy
2. Hub-and-spoke layout
The Cali Cartel was another drug cartel based in the south part of
Colombia, around the city of Cali. Gilberto Rodriguez Orejuela founded the Cali
Cartel in the 1970’s with his brother Miguel Rodriguez Orejuela, Jose Santcruz
Londono and Helmer “Pacho” Herrera.
The Norte del Valle Cartel or North Valley Cartel is a drug cartel which
operated principally in the north of the Valle del Cauca region of Colombia. It
rose to prominence during the second half of the 1990’s after the Cali Cartel and
the Medellin Cartel fragmented.
37
The leading drug lords of the Norte del Valle Cartel included Diego Leon
Montoya Sanchez alias “Don Diego”, Wilber Varela alias “Jabon” (Soap), and
Hernando Gomez Bustamante alias “Rasguno” (Scratch).
Sea Harbors
The drug traffickers use big containers in bringing in the illegal drugs
hidden beneath commercial items declared as electronic materials, motor parts,
surplus engines and other surplus motor parts. Occasionally, police seize illegal
drugs inside the imported vehicles.
Three (3) major drugs of abuse dominate the drug scene in the country.
The first is methamphetamine hydrochloride commonly known as “shabu”, which
is the main drug of abuse. The second is marijuana. According to some sources,
the Philippines has become the world’s second biggest source of marijuana after
Mexico, producing about $1.4 billion worth each year. The third is
38
methylenedioxymethamphetamine (MDMA) or ecstacy, which is now sweeping
an elite market
Huge bulk of shabu that enters the Philippines comes directly from
Southern China where most of the shabu laboratories are located. Of the 15
major interdictions since 1993, 7 were shipped directly from Southern China. Five
(5) shipments were from South China but they passed through Hong Kong first
before they were rerouted to the Philippines. At least one shipment passed
through Taiwan first. Lately, NARGROUP learned that the shipments at Quezon
and Zambales came directly from North Korea.
Today, the local drug scene had gained a new dimension. Supply not only
comes from importation but also from local manufacturing.
Marijuana
Marijuana abounds but since the early nineties, it has seized to be the
drug choice. Most of what is produced locally is intended for markets in East
Asia, the Pacific, Australia, Europe, and the US. The UNDCP identified the
Philippines as a major marijuana producer and exporter.
Ecstasy is fast making its presence felt in the country. There is an increase
in reports about the use of “ecstasy” among young people, particularly in
nightclubs. Ecstasy, or MDMA is a synthetic drug that acts simultaneously as a
stimulant and a hallucinogen. It is strongly linked to music and dance culture and
has a growing user base among the elites (Class A and B). While some users
confine their consumption to occasional use at social, music and dance events,
others develop regular use profiles, while a third group uses it both frequently
and intensively.
39
There are reports stating that ecstasy is shipped directly from Amsterdam.
There are close to a thousand varieties of ecstasy tablets and capsules among
them, which are now available in Metro Manila are Orange Channel, Blue Adams,
Millennium, Blu Euros, Grin Hornets, Aigners, Achtung, and Mitsubishi. Studies
abroad reveal that the damage caused by ecstasy to one’s health is irreversible.
Golden Triangle:
1. Thailand
2. Laos
3. Myanmar
Golden Crescent:
1. Afghanistan
2. Pakistan
3. Iran
4. India
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i. China – is the transit route for heroin from the “Golden Triangle” to
Hong Kong. It is also the country where the “epedra” plant is
cultivated. Epedra plant is the source of the drug ephedrine – the
principal chemical for producing the drug shabu.
j. Hong Kong – is the world’s transshipment point of all forms of heroin.
k. Japan – became the major consumer of cocaine and shabu from the
United States and Europe.
Trial of the case under this Section shall be finished by the court not later
than sixty (60) days from the date of the filing of the information. Decision on
said cases shall be rendered within a period of fifteen (15) days from the date of
submission of the case for resolution.
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to twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted
out by his/her immediate superior and/or appropriate body.
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Authorized Drug Testing. – Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results.
The DOH shall take steps in setting the price of the drug test with DOH
accredited drug testing centers to further reduce the cost of such drug test. The
drug testing shall employ, among others, two (2) testing methods, the screening
test which will determine the positive result as well as the type of the drug used
and the confirmatory test which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be valid for a one-year
period from the date of issue which may be used for other purposes.
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g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be
positive for dangerous drugs use shall be subject to the provisions of Section 15
of this Act.
Vice
Racket
44
Racketeer
The study of vice and rackets is important because these crimes are
ever present and persistent in all forms of society.
It is important because vice and rackets affect the daily lives of more
people than any other crime.
It is important because its evil effects are more disastrous, morally and
physically, than other crimes.
It is important because commercialized vice and rackets disrupt the
social makeup of a community.
It is important because its existence cause a serious problem in law
enforcement.
Prohibited Vice – Those vices that in its very nature are prohibited by the moral
value of the people in the community and has finite laws prohibiting its
existence.
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Regulated Vice – Those vices that the community provides a means of social
control and regulated by existing laws and ordinances for purposes of
recreation and revenue.
CHAPTER V
Treatment and Rehabilitation of Drug
Dependents
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3. Personality Development
4. Spiritual Awareness
Mental Rehabilitation
Patients who pass mental examinations and who qualify are enrolled to a
complete high school program under the Department of Education, Culture and
Sports provided in some Drug Centers. Vocational courses are also provided in
some Centers under DECS. Special classroom instructions on drug education, its
effects on person, its family and society are conducted by doctors. Allotments are
provided for teachers from the Department of Education, Culture and Sports.
Personality Development
Spiritual Awareness
One of the effective forces that drive the human mind for improvement is
when he becomes aware of his spiritual obligation. This program is considered
the most effective when one identifies his own God, since the Philippines is 98%
Roman Catholic. It is best served by groups of seminarians and priests from Don
Bosco Seminary. Catechism is part of the curricular in high school aside from
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special religious services during Sundays and novenas on Wednesday. Individual
or group counseling is given regularly to all drug patients.
A drug dependent or any person who violates Section 15 of this Act may,
by himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug
dependency. Upon such application, the Board shall bring forth the matter to the
Court which shall order that the applicant be examined for drug dependency. If
the examination by the DOH-accredited physicians results in the issuance of a
certification that the applicant is a drug dependent, he/she shall be ordered by
the Court to undergo treatment and rehabilitation in a Center designated by the
Board for a period of not less than six (6) months: Provided, That a drug
dependent may be placed under the care of a DOH-accredited physician where
there is no Center near or accessible to the residence of the drug dependent or
where said drug dependent is below eighteen (18) years of age and is a first-
time offender and non-confinement in a center will not pose a serious danger to
his/her family or the community.
1) He/she has complied with the rules and regulations of the Center, the
applicable rules and regulations of the Board, including the after-care and follow-
up program for at least eighteen (18) months following temporary discharge
from confinement in the Center or, in the case of a dependent placed under the
care of the DOH-accredited physician, the after-care program and follow-up
schedule formulated by the DSWD and approved by the Board: Provided, That
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capability-building of local government social workers shall be undertaken by the
DSWD;
Judicial and medical records or drug dependents under the voluntary submission
program shall be confidential and shall not be used against him for any purpose,
except to determine how many times, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, he/she voluntarily submitted himself/herself for confinement, treatment
and rehabilitation or has been committed to a Center under this program.
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SUSPENSION OF SENTENCE OF A FIRST TIME MINOR OFFENDER
An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 10 of this Act, but not more
than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the following conditions:
Upon recommendation of the Board, the court may commit the accused
under suspended sentence to a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with after-care and follow-up program for
not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended by Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provision of this Section.
Upon the dismissal of the proceedings against the accused, the court shall
enter an order to expunge all official records, other than the confidential record
to be retained by the Department of Justice (DOJ) relating to the case. Such an
order, which shall be kept confidential, shall restore the accused to his/her status
50
prior to the case. He/she shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any inquiry made of him
for any purpose.
The community service shall be complied with under conditions, time and
place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15 of
this Act. The completion of the community service shall be under the supervision
and rehabilitative surveillance of the Board during the period required by the
court. Thereafter, the Board shall render a report on the manner of compliance
or said community service. The court in its discretion may require extension of
the community service or order a final discharge.
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If the sentence promulgated by the court requires imprisonment, the
period spent in the Center by the accused during the suspended sentence period
shall be deducted from the sentence to be served.
CHAPTER VI
Scope and Objective of “The Comprehensive
Dangerous Drugs Act of 2002”
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AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES.
Short Title – This Act shall be known and cited as the “Comprehensive
Dangerous Drugs Act of 2002”.
DEFINITION OF TERMS
a) 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 dangerous drug to himself/herself unless administered
by a doctor or licensed practitioner for purposes of modification.
b) Board – Refers to the Dangerous Drugs Board under Section 77, Article
IX of this Act.
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e) Clandestine Laboratory – Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.
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take the substance and the difficulties in controlling substance-taking behavior in
terms of its onset, termination, or levels of use.
q) Financier – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.
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v) Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by
its any other name – Embraces every kind, class, genus or specie of the plant
Cannabis Sativa L. including, but not limited to, Cannabis Americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind, class and character
of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or
any part or portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.
z) Opium Poppy – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum
and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any
part thereof, or substances derived therefrom, even for floral, decorative and
culinary purposes.
cc) Planting of Evidence – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the person, house, effects or in
the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.
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dd) Practitioner – Any person who is a licensed physician, dentist,
chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.
ff) 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.
ii) Sell – Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other consideration.
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UNLAWFUL ACTS AND PENALTIES
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
Financier:
Maximum penalty
Protector/coddler:
Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
Financier:
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Maximum penalty
Protector/coddler:
Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
Financier:
Maximum penalty
Protector/coddler:
Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
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Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
Financier:
Maximum penalty
Protector/coddler:
Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)
(c) Any clandestine laboratory was secured or protected with booby traps;
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Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Penalty:
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7) 500 grams or more of marijuana;
8) 10 grams or more of other dangerous drugs such as, but not limited
to, methylenedioxymethamphetamine (MDMA) or “ecstacy”,
paramethoxyamphetamine (PMA), trunethoxyamphetamine (TMA),
lysergic acid diethylamide (LSD), gamma hydroxybutyrate (GHB), and
those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of
this Act.
1) Ten (10) grams or more but less than fifty (50) grams of
methamphetamine hydrochloride or "shabu"
- Life imprisonment
- Fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00)
2) Five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine, marijuana resin or marijuana resin oil,
"shabu", "ecstacy", PMA, TMA, LSD, GHB
Three hundred (300) grams or more but less than five hundred (500) grams of
marijuana
- Imprisonment of twenty (20) years and one (1) day to life imprisonment
- Fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00)
- Imprisonment of twelve (12) years and one (1) day to twenty (20) years
- Fine ranging from Three hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00)
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Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
Penalty:
Imprisonment ranging from six (6) months and one (1) day to four (4)
years
Fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00)
Penalty:
Penalty:
Penalty:
Penalty:
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Land or portions thereof shall be confiscated and escheated in favor of
the State
Financier:
Maximum penalty
Protector/coddler:
Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Penalty:
Imprisonment ranging from one (1) year and one (1) day to six (6)
years
Fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00)
Revocation of the license
Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Revocation of the license
Penalty:
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Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of
dangerous drugs and/or Precursors and Essential Chemicals. - Every penalty
imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug
and/or controlled precursor and essential chemical, the cultivation or culture of
plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful
act was committed, unless they are the property of a third person not liable for
the unlawful act, but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case
filed, the Court shall immediately schedule a hearing for the confiscation and
forfeiture of all the proceeds of the offense and all the assets and properties of
the accused either owned or held by him or in the name of some other persons if
the same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or
forfeiture.
During the pendency of the case in the Regional Trial Court, no property,
or income derived therefrom, which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same shall be in custodia legis and no
bond shall be admitted for the release of the same.
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well as instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following manner:
1) 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, and any elected
public official who shall be required to sign the copies of the inventory and be
given a copy thereof;
4) 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, plant sources of 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. The Board
shall draw up the guidelines on the manner of proper disposition and destruction
of such item/s which shall be borne by the offender: Provided, That those item/s
of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample,
duly weighed and recorded is retained;
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5) The board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to the
court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;
7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-four (24) hours from
receipt of the same; and
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