Lesson Proper for Week 13

NARCOTIC CONTROL AND INVESTIGATION

Since narcotic use has direct link with criminal with criminal activities, investigation of this must be specialized. The
following are some reasons why it has to be investigated in a specialized manner:

1. Illicit drug underworld is specialized and syndicated.

2. The underworld organization is composed of and operated by selected and highly proficient members of the
elite.

3. Drug addicts are clannish and they represent a rare group of individuals.

4. Drug abusers and or addicts have their own lingo and way of life.

5. The illicit drug trade is completely underworld in conception and operation capable to espionage or subversive
operations; it is a hidden crime where there is rarely a complainant

CONSIDERATIONS IN NARCOTIC AND INVESTIGATION

The Violation

Republic Act No. 9165 (7he Comprehensive Dangerous Drug Act of 2002) - Under his law, the following
punishable:
1. Importation of Dangerous drugs and/or Controlled Precursors and Essential Chemicals;

2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals;

3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals;

4. Maintenance of a Den, Dive or Resort where dangerous drugs are used or sold in any form;

5. Being an employee or visitor of a den, dive or resort;

6. Manufacture of dangerous Drugs and/or Controlled Precursors and Essential Chemicals;

7. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals;

8. Manufacture or Delivery of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals;

9. Possession of Dangerous Drugs;

10. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs, Possession of
dangerous Drugs during Parties, Social Gatherings or Meetings;

11. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during parties,
Social Gatherings or Meetings,

12. Use of Dangerous Drugs; Cultivation of Plants classified as dangerous drugs or are sources thereof;

13. Failure to comply with the maintenance and keeping of the original1 records of transaction on any dangerous
drugs and/or controlled precursors and Essential Chemicals on the part of practitioners, manufacturers, wholesalers,
importers, distributors, dealers, or retailers;

14. Unnecessary Prescription of Dangerous Drugs; and

15. Unlawful Prescription of Dangerous Drugs
The Violators - The Persons of Importance

A) The Addict or User - A "user" is one who injects, intravenously or intramuscularly, or consumes, either by
chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the
body, any of the dangerous drugs. An "addict" is one who habitually uses dangerous drugs.

1. Determine his history.

2. Has he just used or administered the drug? Get urine and, if possible, blood samples for analysis within 24
hours after administration.

3. Is he in possession of the drug?

4. Determine the reason for possession. Is it for sale or for own consumption?

5. If possession is for reason other than personal use, he must be accordingly charged under RA 6425.

6. Is he suffering from the signs and symptoms of drug abuse? This will guide the investigator to determine
whether the violator is an addict or not.

B) The Pusher - "Pusher" refers to any person who sells, administers, delivers, or gives away to another, on any
terms whatsoever, or distributes or dispatches in transit or transport any dangerous drug or who acts as a broker in
any such transaction.

1. Ordinarily, he is an addict himself.

2. If not an addict, determine. the reason for his possession of the drug. Is it for sale, for giving away, etc.?

3. If he is selling, determine his clientele. Get their names and other personal circumstance

4. Determine, if possible, his source of supply, their names, addresses, etc.

5. Determine the number of times that he had been arrested and charged for the same offense.

6. If he is a recidivist, state so in the complaint or information to be filed.

C) The Narcotic Evidence

These include opium and its active components and derivatives, the coca leaf and beta eucaine, and the
hallucinogenic drugs. It includes all preparations made from any of the foregoing and other drugs and chemical
preparations; whether natural or synthetics, with the physiological effects of a narcotic or a hallucinogenic drug.

1. Opium and its derivatives – “Opium" refers to the coagulated juice of the opium poppy and embraces every kind,
character and class of opium, whether crude of prepared; the ashes or refuse of the same; narcotic prepared; the
ashes or refuse of the same, narcotic preparations thereof or therefrom; morphine or any alkaloid of opium,
preparations in which opium enters as an ingredient; opium poppy; opium seeds; opium poppy straw and leaves or
Wrapping of opium leaves, whether prepared for use or not. Field test: Burn a small quantity of the suspected
substance. The odor or smell is similar to burnt banana leaves or has a sweetish odor.

2. Morphine - The drug varies in different forms such as powder- white, odorless granulated powder with a very
bitter taste. Sometimes however, illicit traffickers add color to deceive investigators Block with embossed marks like
"999" "555" AAA" "1A", etc. with "Lion", Elephant", "Tiger/ Dragon" brands. Licit morphine used for medical purposes
invariably comes in powder form, tablets, capsules with the brand name of the manufacturer.

3. Heroin - (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, odorless, crystalline powder with a very
bitter taste. Heroin is the hydrochloride of an alkaloid obtainable by the action of acetic anhydride or morphine. The
alkaloid base may be made by treating morphine with acetyl chloride, washing the product with a dilute alkaline
solution and crystallizing from alcoholic solution.
NOTE: Both heroin and morphine may be sold by pushers in bundle containing about .03 gram of powder. The price
will depend on supply and demand.

2. Cocaine (Methyl ecgonine) - Cocaine (C2 H 2in O.) is an alkaloid obtained from the leaves of Erythorxylon
coca and the other species of Erthroxlon Linne, or by synthesis from ecgoine and its derivatives.

Preparation: It may be made by moisturizing ground Coca leaves with a sodium carbonate solution, percolating with
benzene or other solvents such as petroleum benzene, Shaking the liquid with diluted sulfuric acid, and adding to the
separated acid solution and excess of sodium carbonate. he participated alkaloids are removed with ether, and after
drying with sodium carbonate, the solution is filtered and the ether distilled off. The residue is dissolved in methyl
alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen chloride. This treatment splits off any
acids from the ecgonine and esterifies the carbozyl group. After dilution with water, the organic that have been
liberated are removed with chloroform. The aqueous solution is then concentrated, neutralized, and cooled with ice,
whereupon methyl ecgonine sulfate crystallizes. Upon adding water and sodium hydroxide, methyl benzoyl ecgonine
or cocaine is precipitated. The cocaine is extracted with ether and the solution concentrated to crystallization. For the
purification of cocaine, recrystallization from a mixture of acetone and benzene is generally preferred.
Solubility: 1 gm dissolves in about 600 ml of water, 7ml of alcohol, 1 ml of chloroform, 3.5 ml of ether, and is very
soluble in warm alcohol.
Uses: Cocaine was the first local anesthetic to be discovered. At present, it is considered too toxic any anesthetic
procedure requiring injection, but is still extensively employed for anesthesia of the nose and throat. For this purpose,
a 10 % solution of the hydro - chloride is used. Cocaine is a central stimulant, but is never employed clinically for this
purpose. Addiction and a certain amount of tolerance result from its use. Because of its properties, the sale of
cocaine is prohibited in the Philippines. Cocaine also comes in the form of salt crystals, known as "crack" and usually
sold in packets. This is the American counterpart of the local "shabu" or methamphetamine hydrochloride.

3. Marijuana (Cannabis Sativa) - is a seasonal plant grown from seed. Depending on soil and weather condition,
it grows approximately 20 feet. The leaves come in clusters of 3,5,7.9 to 13 leaflets. The leaflets are elongated with
the tip pointed and the sides serrated. Manicured or grounded leaves and flowering tops Although dried and
grounded, they will retain their greenish color. Reefers or cigarettes known as "joints" and other names - These are
hand-rolled in cigarette paper, irregular and slim with both ends tucked in or twisted.

4. Hallucinogen Drugs - These are the' drugs that are capable of creating hallucinations in the mind of the taker
such as Lysergic acid diethylamide commonly known as LSD and other drugs falling under this category are DMT,
STP, peyote and morning glory seeds.

5. Synthetic Drugs - Those having the same physiological action as a narcotic drug, such as methadone and
demerol.

Other Dangerous Drugs - These include self-inducting sedatives, such as seconbarbital, phenobarbital, pentobarbital,
amobarbital, salt or a derivative of a salt of barbituric acid: and salt, isomer or salt of an isomer, of
1. amphetamine, such as Benzedrine of dexedrine, or any drug which produces a physiological acting similar to
amphetamine; and hypnotic drugs, such as methaqualone, nitrzepam or any other compound producing similar
physiological effects.

2. Barbiturates - Manufactured synthetically as salts of barbituric acid. All names of these drugs are in al, such as
pentobarbital, secobarbital (seconal), amobarbital, phenobarbital, barbital, etc.

Categories according to Effects

· Long acting barbiturates - take effect within 30 to 60 minutes and last up to 8 hours, e.i. Phenobarbital
· Intermediate acting barbiturates - take effect within 15 to 30 minutes and last up to 6 hours, e.i. amobarbital
and butabarbital.

· Short acting barbiturates take effect within 10 to minutes and last up to 6 hours, e.i. Pentobarbital and
secobarbital.

· Ultra-short barbiturates take effect within 45 seconds and last up to 30 mins. e.i. thiopental sodium
 HANDLING NARCOTIC EVIDENCE

Evidence handling

Physical evidence of various types can do must to augment the inevitable oral evidence in a prosecution involving
drugs. involving to drugs. The investigator should be constantly on alert to obtain physical evidence during an inquiry
for presentation in court.

A. 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:

1. Identify the seizure in some permanent way using markings or non-removable labels or wax-sealed tie-on tag.

2. The identification should give detail 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 initial 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. It should then be sealed in such a way as to prevent tampering preferably
with the signature of the suspect and the officer appearing on the seal.

5. Where another officer later takes the seizure - 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. Few parties as possible should hold the seized drug. A permanent written record of the movement of the
seizure, noting time, dates and signatures or 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 same identification as the seizure itself.

8. 8 The officer in the area designated by his command should retain the seizure, 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 arc 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 drugs should be carefully packed in a parcel, which is then
scaled. This should be adequately addressed and shipped by certified delivery mail.

B. Photographs - A permanent written record should be kept relating to photographs taken in the course of an
investigation, noting the time, date and place of the photograph, its subject the weather condition at the time it was
taken. The technician might also note details of film and camera operations. Several prints of each photograph should
be obtained, and on one copy, these details should be recorded together with the name of the officers who can
"prove" the photograph. The other print copies be retained unmarked for possible submission to court. Photographs
of, for instance, a meeting between two offenders can adduce valuable corroborative evidence.

C. Documents- Documents that may become evidence in a prosecution should be retained in their original form.
They should be treated in much the same manner as drug seizures with regard to identification, and it is suggested
that all under whose supervision this is done can later "prove" the original, particularly in cases where returned to a
person for production later in court.
D. Investigative Records - Records in this particular category include:

1. Information on a suspect of drug movement

2. Results of background inquiry on a suspect

3. The log or running sheet kept on investigator and suspect movement during surveillance or arrest

4. Investigator's notebooks and diaries

5. Investigator's notes of conversations, events or interviews

PROCEDURE AT THE CRIME SCENE

Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and
type of lighting direction of wind and visibility.
b. Secure the crime scene by installing the crime scene tape or rope (police line)

c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is
still alive or already dead. If the victim is alive the investigator should exert effort to gather information from the victim
himself regarding the circumstances of the crime, while a member of the team or someone must call an ambulance
from the nearest hospital. After the victim is remove and brought to the hospital for medical attention, measure,
sketch, and photograph.

d. Designate a member of the team or summon other policemen or responsible persons to stand watch and
secure the scene, and permit only those authorized people to enter the same.

e. Identify and retain for questioning the person who first notified the police, and other possible witnesses.

Recording
The investigator begins the process of recording pertinent facts and derails of the investigation the moment he arrives
at the crime scene. (He should record the time when he was initially notified prior to his arrival). He also writes down
the identification of person involved and what initially saw. He also draws a basic sketch of the crime scene and takes
the initial photographs. This is to ensure that an image of the crime scene is recorded before any occurrence that
disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been
processed through notes, sketches and photographs, with proper measurements.

Searching for Evidence

a. Each crime scene is different, according to the physical nature of the scene and the crime or offense involved.
Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with
the need to develop essential evidentiary facts peculiar to the offense. A general survey of the Scene is always made,
however, not the location of obvious traces of action, the probable entry and exit points used by the offender(s) and
the size and shape of the area involved.

b. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated, (In the interest of
uniformity, it is recommended that the clockwise movement be used). The investigator examines each item
encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value. He should give
particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered, if
any doubt exists as to the value of an item, treat it as evidence until proven otherwise, carefully protect any
impression of evidentiary value in surfaces conducive to making casts or molds, note stains, spots and pools of liquid
within the scene and treat them as evidence, proceed systematically and uninterruptedly to the conclusion of the
processing of the scene. The search for evidence is initially completed when, after a thorough examination of the
scene the rough sketch, necessary photograph and investigative note have been completed and the investigator has
returned to the point from which the search began.
c. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may
first search the strip on his left he faces the scene then the adjoining strips.

d. It may be advisable to make a search beyond the area considered to be immediate scene of the incident or
crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the
offender somewhere within a square- mile area near the scene.

e. After completing the search of the scene, the investigator examined the objects or persons involved.

Methods of Crime Scene Search

As maybe applicable in narcotic investigation, the following methods of searches maybe used: Strip Search Method,
Double strip or grid method of search, Spiral Search Method, Zone Search Method.

a. Collecting Evidence - This is accomplished after the search is completed, the rough sketch finished and
photographs taken. Fragile evidence should be collected as they are found.

b. Removal of evidence - The investigator places his initials, the date and the time of discovery on each item of
evidence and the time discovery on each item of evidence for proper identification. Items that could not be marked
should be placed in a suitable container and sealed.

c. Tagging of Evidence - Any physical evidence obtained must tagged before its submission to the evidence
custodian.

d. Evaluation of Evidence - Each item of evidence must be evaluated in relation to all the evidence, individually
and collectively.

e. Preservation of Evidence - It is the investigator's responsibility to ensure that every precaution is exercised to
preserve physical evidence in the state in which it was recovered until it is released to the evidence custodian.

f. Releasing the Scene - The scene is not released until all processing has been completed. The release should
be affected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed.

Pointers to Consider in Sketching the Crime Scene

1. To establish admissibility, the investigator must have had personal observation of the data in question. In other
words, the sketch must be sponsored or verified.

2. Sketches are not a substitute for notes or photos; they are but a supplement to them.

3. Write down all measurements.

4. Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.

5. Keep the rough sketch even when you have completed the final sketch.
6. Indicate the North direction with an arrow.

7. Draw the final sketch to scale.

8. Indicate the place in the sketch as well as the person who drew it. Use the KEY - capital letters of the alphabet
for listing down more or less normal parts of accessories of the place, and numbers for items of evidence

9. Indicate the position, location and relationship of objects.

10. Methods or systems of locating points (objects) on sketch

11. Critical measurements, such as skid marks, should be checked by two (2) investigators.

12. Measurements should be in harmony; or in centimeters, inches, yards, meters, mixed in one sketch.

13. Use standard symbols in the sketch.

14. Show which way doors swing

15. Show with arrow the direction of stairways.

16. Recheck the sketch for clarity, accuracy, scale, and title key.

Lesson Proper for Week 14

DRUG TESTING

Field Test- The test describes in the following pages are designed to give investigators emergency means of making
on-the-spot tentative: identification of samples seized or purchased during the course of investigations. Results
obtained should not be obtained should not be regarded as final identification since a number of such drugs are
marketed in combination with other chemicals from which they must be separated (by laboratory methods) before
true results can be attained.

Care of Apparatus and Reagents - Reagents should be protected from excessive heat and light. Acid reagents
should be stored in glass bottles. Reagent stability should be tested from time to time with drugs of known identify. All
apparatus used in making test should be thoroughly cleaned before reusing. Marquis test is used for morphine,
codeine, heroin and other opium derivatives.

When brought into contact with morphine, heroin or other opium derivatives, the reagent develops brilliant colors
ranging from blue to reddish purple. There are some other substances, which also produce colors with this reagent.
No confusion, however, should arise once the operator is familiar with the specific colors given by the opium
alkaloids. It is therefore essential that the test be observed with known samples before any unknown is tested.

Making the Test - In making drug tests, the following are considered:
1. Allow the reagent to drain to one end of the ampule

2. Break the ampule between the fingers along the scored line.

3. Introduce a small bit of sample into the open end of one-half of the sample by scraping a cube or pinch of powder
held between the fingers with a sharp edge. Tap the closed end so as to shake the sample further into the tube and
thus bring it into contact with the reagent.
4. After the test, the ampule should be rinsed with water before discarding.

* DO NOT THROW AMPUL IN WASH BAIN OR SINK.

NOTE: The value of this test lies in the fact that a positive reaction indicates the presence of an opium derivative. A
negative result does not rule out the possibility of the sample being a prohibited drug since cocaine of methadone,
demerol, dromoran, etc. do not give posit results with this reagent. A suspected: sample that gives a negative result
should be submitted to the laboratory for examination.

GENERAL DRUG TESTS

DRUGS TEST USED COLOR REACTION

 Opium Marquis test Purple/violet

Heroin Nitric Acid Yellow-Green

Morphine Nitric Acid Red Orange

Cocaine Cobalt Thiocyanate Blue

Barbiturates Dille-Kopanyi test or the Zwikker test Violet or Blue color

Amphetamines Marquis test Red/Orange -Brown

LSD Para Amino BenZoic Acid(PABA) Purple

Marijuana Duquenois-Levine test or KN Test Red Bottom layer

Shabu Symone's test Purple

FIELD DRUG TESTING

Field Tests for Methadone

This narcotic drug, known also as Amidone, Dolophine and di-6 dimethylamide-4, 4- diphenyl-3-heptanone
hydrochloride, can be detected in the presence of some other drugs by employing the reagent and technique as set
for below. After solution is affected, filtration of the sample is desirable but not essential to the success of the method,
since insoluble substance such as starch, talc, etc. are not blue in color.

Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5 gm of potassium thiocyanate in 90 ml of water
and 10ml of glacial acetic acid.

Test: Dissolve the sample in a minimum amount of water Filter. Add 2 or 3 drops of the reagent to the filtrate. Shake
for about 1 minute. A blue precipitate indicates the presence of methadone.

Field Test for Cocaine, Demerol and Methadone

This field test for cocaine, demerol and methadone was developed by the U.S. Customs Laboratory, in Baltimore,
Maryland in 1961 and has been successful use since then. The field test is based on a modification of the well-known
cobalt thiocyanate color test that produces a blue color in the presence of cocaine. The customs field test is a stable
single-solution version of the thiocyanate test and is the most specific cocaine color test available at this time.

The field test is not intended to replace more specific laboratory determination and should be used only as a
preliminary test. Some non-narcotic substances, such as Certain antihistamines, are known to give a color with cobalt
thiocyanate.
The test is simple to perform. The ampule should De broken at the point where the glass is scored and the powdered
sample introduced into the open end of the half of e ampule should NOT BE SHAKEN. A blue color is indicative
Cocaine, demerol or methadone give stronger blues than demerol. For each of the three narcotics, the strength of
their blue in the ampuls is proportionate to their active content. The ampule contains a dilute acid and should be
discarded in a place where water can be used to delute the acid.

Field Tests for Marijuana

NOTE: Do not rely on chemical tests alone. A examine the material with a microscope or hand lens Cannabis
Sativa, or marijuana, can be quickly and positively identified by subjecting the sample to the following tests:

Microscopic - Using a magnification of approximately 30 diameters, the leaves, small twigs, seed hulls and flowering
tops exhibit characteristics warty appearance due to the presence of non-glandular hairs which contain at their base
called spheriodal cystolith of calcium carbonate. Adding a drop of diluted hydrochloric acid to the slide and noting the
effervescence may show the presence of carbonate. Many of the cystolithic hairs appear in the shape of bear claws.
The seed or fruit, deprived of its hull, under the Same

magnification, presents a mottled effect and gives the viewer the impression he is looking at a hulled coconut or
nutmeg. A comparison with an authentic sample is most desirable.

Chemical - The Duquenois-Levine Test has been found to be the only satisfactory chemical test for the identification
of marijuana. The chloroform soluble color developed in this test is due to the presence of tetrahydrocannbinol (THC)
which is the active principal of the marijuana plant.

Reagents - Duquenois Reagent - Dissolve 5 drops of acetaldehyde and 0.4 gm. of vanillin in 20 ml of 95% ethyl
alcohol. (This reagent may be kept for some time in glass stoppered bottles in a cool dark place. It should be
discarded after it assumes a deep yellow color).

1. Add a pinch of suspected marijuana to a test tube containing about 2 ml (one teaspoon) Duquenois reagent.

2. Add an equal amount (2ml) of Concentrated hydrochloric acid. Stir with a glass rod or shake the test tube in a
circular motion to mix its contents.

CAUTION - Do not splash acid contents on body o clothing. Allow the test tube to stand for 10 minutes, or until a
color develops.

3. Decant the liquid into a second test tube. Add 2ml or chloroform. Stopper and shake. If marijuana is present, a
violet or indigo-violet color will be transferred to the bottom (chloroform) layer.

Seeds- When a sample consists entirely of seeds, their identity alone is not sufficient to bring them within the purview
of the law, which requires them to be fertile. To establish their fertility a number of the seeds should be placed in a
suitable container with moist paper pulp or wet vermiculite, and place in a warm dark place until germination takes
place. When reporting a sample containing marijuana seeds alone, their fertility should always be stated.

Field Test for Amphetamines

This field test for identifying amphetamines is useful in screening out caffeine, vitamins, or other substitutes

proffered as amphetamines.

Test Material- The test material consists of 2 or 3 drops of Marquis reagent (2 drops of 37% formaldehyde in 3 ml of
concentrated sulfuric acid) in a small glass ampul.

Test Procedure - Break the ampul at the scored center and place 1 or 2 drops of the reagent on the sample.
This should be done on a glass ashtray, inverted tumbler, etc. Amphetamines react with the reagent to give a red-
orange color, turning to reddish and then dark brown within 1 or 2 minutes. The reagent gives this characteristics
color

reaction when applied to white, pink, yellow, peach or green amphetamine tablets.

The speed within which the color is formed appears to depend upon the hardness of the tablet. The red-orange color
forms immediately of some tablets while with others it appears in 10 to 20 second. Therefore, the critical period of
color differentiation for amphetamines is within the first 20 seconds. The peach-colored caffeine tablet gives a color,
which might cause some confusion. The difference between the color formed by this tablet by this tablet and that
formed by a peach-colored amphetamine tablet are crushed before the reagent is applied. Once the difference is
seen, there should be no trouble in distinguishing one from the other.

Amphetamine powder and tablets Red-orange onset to reddish brown to dark brown within a couple of minutes,
Caffeine powder and tablets no color reaction, Methamphetamine and tablets - Red-orange onset to reddish

brown to dark brown in 1 to 2 minutes, Phenyl tertiary butylamine HCI- Same color change as amphetamines,
Wyamine sulfate - Same color change as amphetamines.
Field Test for Barbiturates
For the tentative identification of the barbiturates the Zwikker test is used. Zwikker Test - An anhydrous methanol
solution of the barbiturate upon several drops of cobalt chloride in methanol solution gives a bluish color. which
changes to dark blue upon being alkalized with a 5% isopropylamine in methanol. The Atkinson Laboratory, 33031
Fierro Street, Los Angeles, California, manufactures a compact kit that utilized the Zwikker Test.

Test Material - The Zwikker Test Kit consists of a small plastic bag containing three solutions in plastics dropping
bottles and small porcelain spot plate. Solution #1 - Anhydours methanol, Solution # 2 - Cobalt chloride dissolved in
methanol, Solution # 3- 5% isopropylamine in methanol. CAUTION: The above solutions are volatile and

inflammable. They should be kept sealed.

Test Procedure - The following shall be considered:

1. Place part of sample into spot-tester, (enough to cover letter "0" on a typewriter key).

2. Put two drops of solution # 1 on sample in spot-tester. (Sample should dissolve.)

3 Add two drops of solution # 2 (This may produce a violet or a blue color.)

4. Add tow drops of solution # 3. (If color deepens to a darker violet of blue, this indicates presumption presence of
barbiturate.) The solution will become contaminated. Wash and dry spot-test plat after use.

NARCOTIC DEATH INVESTIGATION

A common occurrence in the drug culture is the death of a user. Investigation of a narcotic death is divided into three
(3) phases: the SCENE investigation, the MEDICAL investigation, and the TOXICOLOGICAL investigation. An officer
involved in such a case should determine the manner of death, that is, whether homicide, suicide or accidental. All of
the factors and elements of the scene must be accurately and completely recorded. This will assist the medical
examiner in determining the cause of death.

Physiological Effect of Narcotic Ingestion

The ingestion of narcotics or dangerous drugs poisons the body. This is poisoning effect will leads to a paralysis of
the respiratory center or cause heart failure. This, will deny the body a sufficient amount of oxygen. Evident or visible
signs, which remain after death, often accompany the effects of a particular drug on the human body for the trained
observe. These signs are result of symptoms experienced by the victim prior to death. Following is a partial listing of
the more dangerous drugs, the minimum lethal dose, symptoms and cause of death:

POISON SYMPTOMS/CAUSE OF DEATH

Codeine Nausea, dizziness, Constipation, Respiratory failure

Heroin & Morphine Sweating, loss of appetite, nausea (Vomiting). Constipation, itching, thirst,

cyanosis, respiratory failure

Barbiturates lower body temperature, cyanosis, cold extremities skin rash, constipation, respiratory
arrest of pneumonia

Cocaine nausea, vomiting, chills, sweating, thirst, convulsions, circulatory and respiratory failure

Amphetamine Chills, sweating, diarrhea, constipation, nausea, vomiting, cramps, thirst, convulsions,
petechial hemorrhages

The Scene of Death

During investigation of the scene, you should recognize and relate seemingly insignificant items or material, which
would justify a conclusion of narcotic involvement. The following are just some of such items:
1. Paraphernalia (or "works") - Tools or implements used in administering narcotics. These may include the
obvious syringe and needle, tourniquet, spoon or bottle top "cookies" and tinfoil packet. Also included are small balls
of cotton, capsules and envelopes, and a book of matches.

2. Narcotic Medication - Laudanum, paregoric, codeine cough syrup, all utilized as "carryovers" until the next fix.
3. Maalox - Milk of Magnesia - Medication used to relieve nausea, vomiting, constipation, cramps or diarrhea.
4. Absence of Nutritional Food - Loss of appetite is a symptom of poisoning. Presence of candy or soft drinks
indicates low insulin count.

5. Body Fluids - Presence of urine, feces, mucus or vomitus on the scene may be evidence of the body
attempting to rid itself of poisoned substance.

6. Clothing or Bed Linens - which may be sweat-stained or soaking wet from the victim having hot and cold
flashes, should be collected and analyzed.

7. Lack of Ordinary Cleanliness - Dependent user is not concerned in most cases with the environment or
health, and this is shown by a neglect of both.

8. Wet Body - Evidence of body being immersed in tub or shower, or having ice cubes placed in underclothes or
in private parts. It is a common mistake uses thinking this helps in overdose cases. Salt water may also be injected
into the victim. Hospitals use Narcan as an antidote.

9. Nylon Stoking- Stretched over a hanger used as sieve.

10. Playing Card - with the powder, may have been used to "smack (cut) heroin. The card is usually on top of a
record album or similar.

11. Merchandise Small items which are easily carried and disposed of after, being stolen-radios, watches, portable
TVs, radios, etc.

The Body Signs

1. Cyanosis - bluish discoloration of the face and /or fingernails due to insufficient oxygenation of the blood
caused by increase in carbon dioxide in the body.

2. Petechial Hemorrhages - Pinpoint spots of discoloration resulting from capability ruptures due to pressure and
generally observed in the eyes, eyelids, behind the ears and internally.

3. Form or Froth - Observed in mouth and nose, may be white or pinkish and caused by fluids entering the air
passages.

4. Hematoma - A localized swelling on any part of the body caused by bleeding beneath the surface of the skin.
This is caused by “skin popping” rather that vein injections.

5. Needle marks/tracks - Visual evidence of repeated intravenous injections. The tracks will follow a vein
exception "skin popping) and result in a dark discoloration and eventual collapse of the vein.

6. Scar - Skin imperfection caused by the victim in removing needle mark scabs, added to uncleanness of the
victim.

7. Rash/scratched - Skin External body signs of morphine or heroin poisoning.

8. Asphyxia- When it is the cause the death, it is often accompanied by external body changes. These changes,
visible to the naked eye, are not restricted.

Victim's History
Historical date on the victim would include his criminal record (local, national and international and international:
medical record (of a private doctor, hospitals, clinics, etc. and any mental treatment or attempts at suicide); social
(relatives, friends, neighbors, co-workers); marital (past or present); and financial records.
When interviewing users or person possibly involved in narcotics traffic, you should use straight language rather than
attempt street talk because slang constantly changes You must determine the extent of decedent's addiction, his
familiarity with other drugs, whether he had a steady source of the drugs or continuously shopped around, and other
matters relative to his personal history.

Medical Phase
This is the most important stage of the narcotics death investigation. Since the pathologist will rarely be able

to examine the body at the death scene, you should note and every detail, which may be of medico-legal importance
a make a complete report on this.

You should attend the autopsy yourself make sure that the following specimens are submitted for narcotics. Alcohol
or other foreign matter. Heroin is quickly changed to morphine after entering the body, and clears the blood in
approximately 1/2 hour remains in the urine about 24 hours and in the bile for 3/4 days.

Lesson Proper for Week 15

ISSUES AND PROBLEMS
The following are issues, problems. and concerns undertaken by the representatives of the pillars of the Criminal
Justice System regarding the problems of illicit drug trafficking and drug abuse prevention and control.

1. The Law Enforcement Pillar

a. Increasing local supply of shabu,

1) There are indications 'of local manufacture of shabu.

2) Availability of precursor chemicals used in the manufacture of shabu

3) Ineffective mechanism for monitoring legitimate precursor import's actual use

4) Unskillful frontline enforcer services to spot precursor smuggling

5) inadequate international linkages for intelligence collection and monitoring

6) Wide and long shorelines favor smuggling of drugs and dangerous substances

7) Technical smuggling

b. Ineffective and inefficient law enforcement programs and efforts

1) Involvement of some law enforcement men in drug trafficking or drug use

2) Indifference or interference of some political figures in the effective function of the police

3) Insufficient or inadequate resources (manpower equipment, logistics)

Absences of Money laundering law; lenient or weak and restrictive provisions of existing relevant laws
1) No Money laundering law and no. law covering exempt dangerous drugs, precursors and chemicals

2) Restrictive provision of RA 1405 (The Banking Secrecy Act) on disclosure of information)

3) Unfavorable provision of Heinous Crime Act (RA 7659) regarding quantity of seized drugs to make it heinous and
unavailable and regarding the right to probation

4) Unfavorable provision on warrantless arrest being based on personal knowledge instead of just probable cause
d. Unabated marijuana cultivation or production in some parts of the country
1) Costly eradication due to highly difficult accessibility of place

2) Danger of operations due to presence of hostile forces

3) Indifference and lack of support vigilance of local officials

4) Lack of community support

5)Lucrative income from marijuana production

6) Cultivation is clandestine and hard-to discover information from the public

2. The Prosecution Pillar

a Tampering/loss of records/evidence

b. Corruption of Courts and prosecution personnel and the police

c. Lack of coordination and cooperation between the prosecution and witnesses

d. Improper handling' and preservation of evidence

e. Inadequate laboratory facilities/personnel inadequate support staff especially process servers

g. Unavailability of inquest prosecutor on a 24 hours service in some areas

h. Lack of improper markings on evidence

i. Lack of funds for buy-bust operations

3. The Court Pillar

a. Undue delay in the disposition of drug cases due to:

1) Voluminous/overloaded cases by Special Courts handling drug cases

2) Lack of investigators/prosecutors handling drug cases

3) Delay in presentation of evidence due to lack of forensic chemist as expert witnesses

b. Backlog of cases due to lack of manpower and logistical support like stenographers and interpreters, computers
and other equipment.
c. Lack of integrity and honesty of some law enforcers and prosecutors in the presentation of evidence and in the
quantity of confiscated evidence to be presented which results to the tampering of weights or quantity of confiscated
drugs.

4. The Correction Pillar

a. Inadequate treatment and rehabilitation centers in the regions

b. Lack of holding centers in cities and municipalities.

c. Insufficient funds for the maintenance and operations of treatment and rehabilitation centers, including follow-up
and after-care services

d. Lack of drug testing centers in some regions

e. Inadequate training exposures and competencies among treatment and rehabilitation workers
f. Lack of innovative strategies and procedures on treatment and rehabilitation

g. Non-utilization of drug testing center

h. Existing laws prohibiting disclosure of drug dependent's records of recidivism or habitual drug dependency

5. The Community Pillar

a. Lack of coordination among agencies in the community in handling drug abuse prevention programs

b. Lack of sustainable programs on drug prevention - education and information for the given targets: pre- school and
elementary children, youth, family, community, local officials, schools, civic, religious groups and media; need for a
program for street children, in terms of curfew hours to be brought down to level of the barangay

c. No definite designation of an action officer to be the Anti-Drug Abuse Council

d. Lack of concern and support or indifference to you the efforts in drug demand reduction among the Community
members.

e. Inadequate funding Support and lack of political will on the part of implementations of the fight against drug abuse

f. Lack of unified effort, concern, support and consultation with religious groups

g. Lack of awareness in family life groups on the problems and consequences of drug abuse

h. inconsistent value presentation by the media sector

i. Inadequate participation of the media sector

j. Lack of full implementation of DECS Memorandum 101, s: 1994 re: Strengthening the Implementation of Student
Crime Prevention Council in all Institutions of leaning. in coordination with the Commission of Higher Education
(CHED)

k. Lack of dissemination and integration of data research related to drug abuse

l. Lack of direct participation of the youth

m. Increasing operation of foreign syndicates in urban communities in the country

n. Lack of strong functional alternatives/livelihood programs for the youth

o. Absence of preventive education in the abuse of non- traditional drugs

p. Lack of unified methodology on preventive drug abuse education

NATIONAL PLAN OF ACTION ON DRUG ABUSE PREVENTION AND CONTROL

VISIONS

1. The Law Enforcement Pillar

An effective and efficient group of law drug law enforcement agencies that are well coordinated, professional,
dynamic and highly motivated which work in partnership with the criminal justice system for a drug- free Philippines.

2. The Prosecution Pillar

A maximized prosecutorial capability to reduce criminality for a peaceful, progressive and drug-abuse free Philippine
society.

3. The Court Pillar

A court that will decide drug cases justly and speedily.

4. The Correction Pillar

A holistic and more effective approach on the treatment and rehabilitation of drug dependents which will contribute to
the drug demand reduction effects of the government.

5. The Community Pillar

That the communities all over the country will be knowledgeable about drug abuse prevention and will be working
through collective efforts with the other pillars of the criminal justice system towards drug demand reduction.

MISSIONS

1. The Law Enforcement Pillar

Strict enforcement of the different drug laws in the Philippines and fully implement the United Nations Conventions on
narcotic drugs and psychotropic substances in accordance with existing national legislation. This is to assure
effective neutralization of drug syndicates, reduce the availability and prevent illicit trafficking of dangerous drugs,
precursors and essential, chemicals to attain a drug-free Philippines.

2. The Prosecution Pillar

To provide a highly specialized, properly motivated and people-oriented prosecution service to conduct preliminary-
investigation and complaints and efficiently prosecute criminal actions to ensure fair, speedy and expeditious
prosecution of drug cases.

3. The Court Pillar

To reduce the incidence of dangerous drug cases through proper and efficient administration of justice.

4. The Correction Pillar

To provide Comprehensive and more effective programs and services that will ensure a successful treatment and
rehabilitation process.

5. The Community Pillar

To mobilize all sectors of the community in an promote a better quality of life among. the population, especially the
youth throughout the Philippines.

STRATEGIES FOR EACH PILLAR

The five pillars of the Criminal Justice System adopted the following strategies:

1. The Law Enforcement Pillar

a. Beef up intelligence capability to interdict extensive manufacture of shabu.

1) Conduct extensive intelligence operations

2) Motivate public to be vigilant and assistive.

3) Provide attractive reward system.

b. Improve monitoring skills of frontline services to spot illegally imported chemicals of all law enforcement agencies
concerned.

c. Improve monitoring mechanisms. and Standard Operating Procedures (SOP) for effective control of imported
precursors.

1) Study/review and formulate rules and guidelines

2) inspect importer-factories
d. Training of all law enforcement agencies concerned
1) Law enforcement agencies to engage in extensive intelligence operations

2) Establish law enforcement attaches at source countries

3) Develop effective liaison with foreign counterparts

e. Establish listening and monitoring ports in likely entry points, and beef up patrol of shorelines by boat, and if
possible, by air. Allocate speedboats to the Philippines Coast Guard and provide helicopter planes to the Philippine
Navy for patrol purposes.

f. Rechecking by customs examiners of container vans where there is proof or evidence of smuggled drugs therein.
Assign qualified customs personnel at likely entry points.

g. Provide realistic and adequate salary to law enforcement men and provide stiffer penalty for those involved in drug
trafficking and drug use.

h. Provide better pay to law enforces through early passage of law by Congress.

1) Professionalize the police; allow summary dismissal of law enforces involved and speedy criminal trial for
imposition of stiff penalty,

2) Compulsory drug testing and rehabilitation, if warranted.

i. Imbue political will to law enforcement administrators and have a vigilant media to prevent indifference and/or
interference in the effective function of the police. The President and the law shall support and isolate law
enforcement officers from political influence.

j. Passage of relevant resolutions aimed at providing necessary resources, hiring of personnel and, sharing of
resources among law enforcement agencies.

k. Passage of appropriate laws covering the following:

1) Money laundering,

2) Exempt dangerous drugs, precursors and chemicals,

3) Amendment of R.A. 1405 to include, among the exceptions, the disclosure of information relative of drug
investigations,

4) Amendment of R.A. 7659 (Heinous Crimes Act) regarding quantity off seized drugs to. make it heinous, and
unbailable, and regarding the right to probation, and

5) Returning to old rule that warrantless, arrest be based on probable cause.

l. Urging Congress and the Department of Budget and Management to appropriate or provide sufficient logistics and
equipment.

m. Urging the Philippine National Police/Philippine Army to provide superior force and weaponry.
n. Urging the Dangerous Drugs Board/Non-Government Organizations to motivate the public and provide rewards.

o. Urging the Department of Interior and Local Government/Local Government Units to make local officials explain
and be responsible for the presence of plantations in their areas.

p. Urging the Department of. Environment and Natural Resources/ The Department of Interior and Local Government.
The Department of Social Welfare and Development/Non-Government Organizations to provide alternative livelihood
projects and to assist information dissemination.

q. Urging the Intelligence Community/Local Government Units to beef up intelligence collection.

2. The Prosecution Pillar

a. Immediate delivery of evidence by the posher-buyer to the laboratory to shorten chain of prosecution witnesses on
busy-bust operations.

b. Adoption of continuous trial in drug cases.

c. Promote continuous and harmonious working relationship the between police officer and prosecutor.

d. Coordinate with concerned crime laboratories in sending representative if forensic chemist is not available for
production and marking of evidence in court.

e. Adoption of a new effective system of serving processes to include barangay officials.

f. Continuous training/accreditation of non-chemist as qualified witness in dangerous drugs identification down to the
provincial and-chartered cities and other urbanized areas.

g. Continuous training of prosecutors and law enforcement officers.

h. Amendment of R.A 6425 to reduce the required minimum quantity of drugs for non-bailable offenses

i. Provide each special criminal court with at least 2 prosecutors and designation of more special courts to hear drug
cases.

j. Strict adherence to DOJ circular in resolving preliminary investigation of cases within 60 days.

k. Actively assist in the training of and coordination with barangay chairmen and Lupon members regarding proper
filing of drug cases.

I. Setting up to the National Prosecution Service Academy.

m. Adequate funding for the Witness Protection, Security and Benefit Program and for efficient prosecution service.

n. No plea bargaining allowed on the drug cases.

o. No bail until arraignment.

Lesson Proper for Week 16

BOARD REGULATION NO. 1, S. 2000

SUBJECT: LICENSING OF DANGEROUS DRUGS

TESTING LABORATORIES AND PRESCRIBING THE STANDARDS FOR THEIR OPERATION

A) GENERAL PROVISIONS

SEC. 1. Definition of Terms

Specimen: Refers-to the body fluid that is collected from a person;

Laboratory: Refers to the private or government agency that is capable of testing a specimen to determine the
presence of dangerous drugs therein;

License: Refers to the authority granted by the Board to operate and maintain a laboratory;

Donor: Refers to the individual from whom a specimen is collected;

Applicant: Refers to that laboratory that is applying for the issuance of a license;

License: Refers to the laboratory that is issued a license;

Chairman: Refers to the Chairman of the Board;

Executive Director: Refers to the Executive Director of the Board;

Drug identification Analysis or "DIAP": Refers to a licensed-medical. technologist, pharmacist or chemical or

engineer who has undergone intensive training on the conduct of laboratory examination/tests to identify dangerous
drugs on a specimen.
Screening Test: refers to the immunoassay test to eliminate a "negative" specimen i.e., one without the presence of
drugs from further consideration and to identify the presumption positive specimen that-requires confirmation or

further testing; and

Confirmatory Test: refers to the. Second or further analytical procedure to identify the presence of drugs in a
specimen.

CATEGORIES OF LABORATORIES

SEC: 2. Categories of Laboratories - There shall be three categories of drugs testing laboratories, to wit:

a. Class A-This laboratory shall be capable of conducting screening and confirmatory tests and the quantitative
examination of specimen.

b. Class B - This shall be capable of performing Screening and confirmatory tests.

c. Class C - This shall only be capable of conducting screening tests.

SEC. 3. Laboratory Equipment. - A laboratory shall be required to have the following equipment:

a. Class A This shall have the following instruments:

1. For screening tests - immunoassay Equipment and Validated Drug Testing Kit.

2. For Confirmatory Tests - thin Layer Chromatograph.

3. For Quantitative Examination - Mass-Spectrometer-Gas Chromatograph (GS-MS) and High Performance Liquid
Chromatograph (HPLC)

4. Basic Equipment- Laboratory. Oven, Sample Concentrator Centrifuge, Water Bath, Weighing Scale, Shaker,
Refrigerator, Freezer

b. Class B

1. For Screening Tests-: Immunoassay and Validated Drug Testing Kit.

2. For confirmatory tests - Thin Layer Chromatography.

3. Basic Equipment - same as Class A Laboratory

C. Class C - For Screening Test- Immunoassay equipment and/or Validated Drug Testing Kit.

SEC. 4: Laboratory Facilities - A laboratory shall comply with all government building regulations and shall have the
following spatial dimensions and facilities:

a. Class A - This shall have at least one hundred square meters with instrumentation room, work(left) area, storage
cabinet and wash room

b. Class B - This shall have at least forty square meters with a work (wet) area, storage cabinet and wash room; and

c. Class C - This shall have at least twenty square meters with a work area, exhaust fan, lavatory, storage cabinet
and wash room.

SEC. 5. Receiving Area - A laboratory whatever Class shall have within "its premises an area, which. can receive or
accommodate at least twenty prospective donors at a given time, and a lavatory, stall or other partitioned area for the
orderly collection of specimens.

SEC. 6. Staff of laboratories- A laboratory shall have the following technical staff who may also be its heads:

a. Class A This shall have a licensed-chemist and medical technologist or pharmacist' or chemical engineer or one
who has successfully completed training in chromatography;

b. Class B - This shall have a licensed. chemist, medical technologist/pharmacist or one how has successfully
completed training in chromatography;
C. Class C - This shall have a licensed medical technologist/pharmacist or a chemical engineer.
Class A and B laboratories shall have qualified personnel who can testify in any administrative, criminal or other
proceeding on the results of a laboratory test.

SEC. 7. Other Laboratory Personnel - A laboratory shall have such non-technical personnel who shall have the
necessary training and skills for the tasks assigned to them the staff of Class A and B laboratories shall be required to
pass proficiency test to be established by the Board.

specimen in their possession and shall complete-chain of custody forms therefor.

SEC. 12. Storage of Records and Specimens.-. all records pertaining to specimens shall be kept by the testing
laboratory for a minimum of period of two years. The specimens in positive test results, which are not challenged
within fifteen days upon receipt by the donor of, said results should be discarded.

SEC. 13 Test Levels. - The Board shall require each laboratory to submit its protocol indicating the initial cut-off
levels in screening specimens to determine whether they are negative or for confirmation of the presence of
dangerous drugs. The acceptability of the cut-off levels shall depend on the capability of the laboratory, its equipment
and validated testing kits.

SEC. 14. Procedure Manual laboratory - shall have a procedure manual which shall include the principles of each
test, the preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of
methods, sensitivity of the methods, cut off values, mechanisms for reporting results, controls criteria for
unacceptable specimens and results, remedial actions to be taken when the test systems are outside of acceptable
limits reagents and expiration dates and references. Copies of all procedures and dates on which they are in effect
shall be maintained as part of the manual.

SEC. 15. Calibrators and Controls. - laboratory calibrators and controls shall be prepared using pure drug reference
materials, stock standard solutions obtained from other laboratories, or standard solutions obtained from commercial
manufactures. The calibrators and controls shall be labelled as to content and concentration. The standards shall be
labelled with the following data: when received, when prepared or opened; when placed in service; and expiration
date, If a laboratory uses testing its, the test reagents shall be validated and licensed by the Board and registered
with the Bureau of Food and Drugs.

SEC. 16. Instruments and Equipment - Volumetric pipettes and measuring devices shall be certified for accuracy or
be checked by gravimetric, or other verification procure. Automatic pipettes and dilutors shall be checked for
accuracy and reproducibility before being placed in service and checked periodically. Thereafter, there shall be
written procedures for instruments set-up and normal operations, a schedule for. checking the critical operating
characteristics for all instruments, tolerance limits for acceptable function checks, and instructions for major
troubleshooting and repair. Preventive maintenance records shall be kept.

D) APPLICATION FOR LICENSE

SEC. 17. Application, Where to File. - An applicant for a license shall be filed with the office of the Executive
Director.

SEC. 18. Form of Application; Supporting Documents.

An application shall be in the form prescribed by the Board. It shall be signed by an authorized
representative of the applicant and placed under oath.

Lesson Proper for Week 17

ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. – The amount necessary for the operation of the Board and the PDEA
shall be charged against the current year's appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug abuse units of the different law enforcement agencies integrated
into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including
ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than
twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for the implementation of
this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds
shall be reserved for assistance to government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days
from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to
the Board by the PCSO within thirty (30) days after these are collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR)
in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, That the said amount shall be taken from the fifty percent
(50%) share of the National Government in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on
Audit (COA).

The fund may be augmented by grants, donations, and endowment from various sources, domestic or
foreign, for purposes related to their functions, subject to the existing guidelines set by the
government.

Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. – The
Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act.
In addition to the periodic reports as may be required under this Act, the Chairman of the Board
shall submit to the President of the Philippines and to the presiding officers of both houses of
Congress, within fifteen (15) days from the opening of the regular session, an annual report on the
dangerous drugs situation in the country which shall include detailed account of the programs and
projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to
the provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts
as it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All accounts and
expenses of the Board and the PDEA shall be audited by the COA or its duly authorized
representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. – The Supreme Court shall designate special courts from among the existing
Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of
this Act. The number of courts designated in each judicial region shall be based on the population and
the number of cases pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from
the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor
within forty-eight (48) hours from the date of receipt of the records of the case.

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.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials
and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. – Any member of
law enforcement agencies or any other government official and employee who, after due notice, fails
or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings,
involving violations of this Act, without any valid reason, shall be punished with imprisonment of not
less than twelve (12) years and one (1) day 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.
The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located
in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with imprisonment of
not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and
in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court
of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation
of any existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any government officer or
employee tasked with the prosecution of drug-related cases under this act, who, through patent
laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.
– The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA,
the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned with drug abuse, a
national or local government agency, or an individual citizen. When a petition is received by the
Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law enforcement
laboratories, national and local law enforcement and regulatory agencies, or other sources of
information.
The Board after notice and hearing shall consider the following factors with respect to each substance
proposed to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled under this
Act.

The Board shall also take into accord the obligations and commitments to international treaties,
conventions and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the
reclassification, addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the
violations of this Act involving the two latter categories of drugs shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for
violations of the Act involving precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this Act shall arise until after the lapse of
fifteen (15) days from the last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained for the use and/or possession of such a drug shall be
automatically released and all pending criminal prosecution involving such a drug under this Act shall
forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a
detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. – The present Board in consultation with the DOH,
DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned
government agencies shall promulgate within sixty (60) days the Implementing Rules and Regulations
that shall be necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. – There is hereby created a Congressional Oversight
Committee composed of seven (7) Members from the Senate and seven (7) Members from the House
of Representatives. The Members from the Senate shall be appointed by the Senate President based
on the proportional representation of the parties or coalitions therein with at least two (2) Senators
representing the Minority. The Members from the House of Representatives shall be appointed by the
Speaker, also based on proportional representation of the parties or coalitions therein with at least
two (2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. – The Oversight Committee on
Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of
this Act;

(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation of this
act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all
disbursements therefrom, including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.

Section 97. Adoption of Committee Rules and Regulations, and Funding. – The Oversight Committee
on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive
testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any public
official, private citizen, or any other person to testify before it, or require any person by subpoena
duces tecum documents or other materials as it may require consistent with the provisions of this
Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by

personnel who may be seconded from the Senate and the House of Representatives and may retain
consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial
sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current
appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall be
included in the annual General Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a joint concurrent resolution.

Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any law, rule or
regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender
is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be
reclusion perpetua to death.

Section 99. Separability Clause. – If for any reason any section or provision of this Act, or any
portion thereof, or the application of such section, provision or portion thereof to any person, group
or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected
by such declaration and shall remain in force and effect.

Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby repealed and all
other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its publication in at least
two (2) national newspapers of general circulation.