Professional Documents
Culture Documents
Source: http://drugaware.com.au/getting-the-facts/faqs-ask-a-question/what-are-drugs/#what-is-a-drug
C lassification of Dangerous Drugs
Narcotic Drugs
mainly natural products such as
cannabis, opium and its derivatives,
morphine, codeine and heroin, but
also synthetic drugs such as
methadone and pethidine.
1961 Single Convention on
Narcotic Drugs
Psychotropic Substances
- designed to control psychoactive
drugs such as amphetamine-type
stimulants, barbiturates,
benzodiazepines, and psychedelics
1961 Single Convention on
Narcotic Drugs
Source: http://rxistsource.blogspot.com/2013/02/list-of-dangerous-drugs.html
1988 UN Convention Against
Illicit Traffic in Narcotic
Drugs and Psychotropic
Substances
Source: http://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/1988_Tables/1988_Tabels_2015/STCND1ADD3Rev1e_V1502798.pdf
DDB Section 93 Article XI
of RA 9165 for
domestic control.
Locally classified CPECs
i.e. Thionyl Chloride
Laboratory Equipment.
The paraphernalia, apparatus, materials
or appliances when used, intended for use
or designed for use in the manufacture of
any dangerous drug and/or controlled
precursor and essential chemical, such as
reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel,
flask, heating mantle, gas generator, or
their substitute.
D efinitions
Manufacture.
The production, preparation, compounding or
processing of any dangerous drug and/or
controlled precursor and essential chemical,
either directly or indirectly or by extraction
from substances of natural origin, or
independently by means of chemical synthesis or
by a combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or relabeling
of its container;
D efinitions
Protector/Coddler.
Any person who knowingly and willfully
consents to the unlawful acts provided for
in this Act and uses his/her influence,
power or position in shielding, harboring,
screening or facilitating the escape of any
person he/she knows, or has reasonable
grounds to believe on or suspects, has
violated the provisions of this Act in
order to prevent the arrest, prosecution and
conviction of the violator.
D
Pusher.
efinitions
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 practitioner for purposes of
medication.
D
Sell.
efinitions
Trading.
Transactions involving the illegal trafficking
of dangerous drugs and/or controlled
precursors and essential chemicals using
electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-
way radios, internet, instant messengers and
chat rooms or acting as a broker in any of such
transactions whether for money or any other
consideration
D
Use.
efinitions
6.Illegal chemical
diversion of
controlled
precursors and
essential chemicals
A
7. Manufacture or delivery
cts of equipment,
instrument, apparatus,
and other
paraphernalia
Punished
Proof needed:
8. Possession of
(a) That the accused was in dangerous drugs
possession of prohibited
drug/s
9. Possession of
(b) Such possession is not
equipment, instrument,
authorized by law
apparatus and other
(c) The accused freely and
consciously possessed the
paraphernalia for
prohibited drug (intent) dangerous drugs
Acts
10. Possession of
dangerous drugs during
parties, social
gatherings or meetings
Punished
11. Possession of
equipment, instrument,
apparatus and other
paraphernalia for
dangerous drugs
during parties, social
gatherings, or
meetings
-10 grams or more of opium, morphine,
heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil,
ecstasy 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,
4. 5. 6.
Attempt or Conspiracy (Section 26)
Padua cannot argue that his right under Rep. Act No. 9344
was violated. Nor can he argue that Section 32 of A.M. No.
02-1-18-SC otherwise known as the Rule on Juveniles in
Conflict with the Law has application in this case. Section
68 of Rep. Act No. 9344 and Section 32 of A.M. No. 02-1-18-
SC both pertain to suspension of sentence and not
probation.
SUGGESTED ANSWER:
No. The use of dangerous drugs is not
committed when Obie Juan was also found to
have in his possession such quantity of any
dangerous drug.
Dangerous Drugs Act (2006)
After receiving reliable information that Dante Ong, a notorious drug
smuggler, was arriving on PAL Flight NO. PR 181, PNP Chief Inspector
Samuel Gamboa formed a group of anti-drug agents. When Ong arrived
at the airport, the group arrested him and seized his attache case. Upon
inspection inside the Immigration holding area, the attach case yielded 5
plastic bags of heroin weighing 500 grams.
Chief Inspector Gamboa took the attache case and boarded him in an
unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame
and upon nearing White Plains corner EDSA, Chief Inspector Gamboa
ordered PO3 Lorbes to stop the car. They brought out the drugs from the
case in the trunk and got 3 plastic sacks of heroin. They then told Ong to
alight from the car. Ong left with the 2 remaining plastic sacks of heroin.
Chief Inspector Gamboa advised him to keep silent and go home which
the latter did. Unknown to them, an NBI team of agents had been
following them and witnessed the transaction. They arrested Chief
Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team
followed Ong and likewise arrested him. All of them were later charged.
Q: What are their respective criminal liabilities? (5%)
Dangerous Drugs Act (2006)
SUGGESTED ANSWER:
Chief Inspector Gamboa and PO3 Pepito Lorbes who conspired in
taking the attache case are liable for the following crimes defined
under RA. 9165:
a) for misappropriation or failure to account for the confiscated or
seized dangerous drugs.
b) for their acts as protector/coddler of Dante Ong who imported
drugs
In addition, by allowing Ong to escape prosecution for illegal
importation or illegal transportation of dangerous drugs, where the
penalty is life imprisonment to death, they are also liable for qualified
bribery under Art. 211-A of the Revised Penal Code.
With respect to Dante Ong, he is guilty of illegal importation of
dangerous drugs.
Dangerous Drugs Act;
Consummation of Sale (1996)
Pat. Buensuceso, posing as a buyer, approached Ronnie, a
suspected drug pusher, and offered to buy P300 worth of
shabu. Ronnie then left, came back five minutes later and
handed Pat, Buensuceso an aluminum foil containing the
shabu. However, before Pat, Buensuceso was able to deliver
the marked money to Ronnie, the latter spotted a
policeman at a distance, whom Ronnie knew to be
connected with the Narcotics Command of the Police.
Upon seeing the latter, Ronnie ran away but was arrested
thirty minutes later by other policemen who pursued him.
Under the circumstances, would you consider the crime of
sale of a prohibited drug already consummated?
Explain.
Dangerous Drugs Act;
Consummation of Sale (1996)
SUGGESTED ANSWER:
Yes, the sale of prohibited drug is already
consummated although the marked money was
not yet delivered.
When Ronnie handed the aluminum foil
containing the shabu to Pat. Buensuceso
pursuant to their agreed sale, the crime was
consummated. Payment of the consideration is
not an element of requisite of the crime. If ever,
the marked money is only evidentiary to
strengthen the case of the prosecution.
Dangerous Drugs Act; Criminal
Intent to Posses (2002)
A and his fiancee B were walking in the plaza when
they met a group of policemen who had earlier been
tipped off that A was in possession of prohibited
drugs. Upon seeing the policemen and sensing that
they were after him, A handed a sachet containing
shabu to his fiancee B, telling her to hide it in her
handbag.
The policemen saw B placing the sachet inside her
handbag. If B was unaware that A was a drug user or
pusher or that what was inside the sachet given to
her was shabu, is she nonetheless liable under
the Dangerous Drugs Act? (5%)
Dangerous Drugs Act; Criminal
Intent to Posses (2002)
SUGGESTED ANSWER:
No, B will not be criminally liable because she is
unaware that A was a drug user or pusher or of the
content of the sachet handed to her by A, and
therefore the criminal intent to possess the drug
in violation of the Dangerous Drugs Act is absent.
There would be no basis to impute criminal
liability to her in the absence of animus
possidendi.
END