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Legal Wars on Illegal Drug – RA 9165 – Version 2017.08.21.0

This software contains valuable information about Republic Act 9165.

Legal Wars on Illegal Drugs
Legal Wars on Illegal Drugs (Ver. 2017.08.21.0) – Research Tool on Topics Related to RA 9165

TABLE OF CONTENTS

1. RA 9165: An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002, Repealing Republic Act No. 6425

2. Implementing Rules and Regulations (IRR) of Republic Act No. 9165

3. Supreme Court Decisions and Resolutions Involving Illegal and Dangerous Drugs [ 1987 – 2016 April 4 ]

4. Legal Doctrine

A. Definitions

♔ Person Apprehended or Arrested
♔ Possession – Meaning
♔ Animus Possidendi

B. Prosecution

♔ For Illegal Possession of a Dangerous Drug
♔ Constructive Possession Exists When …
♔ For the Sale of Illegal Drugs > Sale of illegal drugs, elements;
♔ “Possession of Prohibited Drugs” is a Necessary Element in the “Sale of Prohibited Drugs” – Is there an Exceptions?
♔ “Objective Test”
♔ Non-compliance with Section 21 of RA 9165, Is it Fatal?
♔ Quantitative Examination of the Substance. Is It an Indispensable for Conviction?
♔ Non-presentation of the Forensic Chemist. Is It Sufficient Cause for Acquittal?
♔ Persons Found in Possession of Paraphernalia with Residue of Dangerous Drugs. May Be Charged of and Prosecuted Only for Use Thereof
♔ Presumption in Buy-Bust Operations

C. Buy-Bust

♔ Presentation of a Confidential Informant
♔ Presentation of a Poseur Buyer
♔ Presentation of a Buy-Bust Money
♔ Absence of Prior Surveillance or Test-Buy. Does It Affect the Legality of the Buy-Bust Operation?
♔ Coordination with the PDEA. Is It an Indispensable Requirement Prior to a Buy-Bust Operation?
♔ Failure to conduct a physical inventory and to photograph the items seized

D. Chain of Custody

♔ Requirements
♔ Corpus delicti
♔ Marking
♔ Procedure on the Seizure and Custody of Drugs (see also Breaking the Chain)
♔ Initial Custody of Dangerous Drugs – by a Person Who is Not a Police Officer or Agent
♔ Venue of Marking. Physical Inventory and Photography of Seized Items

E. Defenses

♔ Defenses of Denial and Frame-Up
♔ Planting of Evidence
♔ Breaking the Chain (see also Procedure on the Seizure and Custody of Drugs)
♔ Illegal Search
♔ Mandatory Drug Testing Is Not Applicable to All Offenders  ♔ Testimonial compulsion, is there an Exceptions?

F. Settled Rule

♔ Evaluation of the Credibility of Witnesses and Their Testimonies

5. RA 6425: The Dangerous Drugs Act of 1972 [Repealed by RA 9165]

6. PDEA Board Regulations

Professional Conduct and Ethical Standards, 2nd Edition, May 30, 2016.

Series 2017

Board Regulation No.1 Amending Certain Sections of Board Regulation No. 10, Series of 2007, Entitled: “Uniform Drug Inventory and Tracking System”
Board Regulation No.2 Adopting the Civil Service Commission Sanction of Dismissal at First Offense for Employees or Officials in the Public Sector Who Are Tested And Found Positive for Illegal Drugs in the Amendment of Sanctions Under Section 2 of Board Regulation No. 2, Series of 2004
Board Regulation No. 3 Strengthening the Implementation of Barangay Drug Clearing Program

Series 2016

Board Regulation No.1 Guidelines in the Implementation of Operation: “Lawmen”
Board Regulation No.2 Amending Section 2 of Board Regulation No. 2, Series of 2007 Entitled “Providing for Revised Guidelines in the Conduct of Barangay Drug-Clearing Operations”
Board Regulation No.3 Guidelines on Handling Voluntary Surrender of Drug Personalities Attachment of Board Regulation No. 3, Series of 2016 (Voluntary Surrender Forms)
Board Regulation No.4 Oplan Sagip – Guidelines on Voluntary Surrender of Drug Users and Dependents and Monitoring Mechanism of Barangay Anti-Drug Abuse Campaigns
Board Regulation No.5 Inclusion of Acetylfentanyl in the List of Dangerous Drugs
Board Regulation No.6 Inclusion of 1- cyclohexyl-4(1,2-diphenylethyl) piperazine or MT-45 in the List of Dangerous Drugs
Board Regulation No.7 Inclusion of methoxetamine or MXE in the List of Dangerous Drugs
Board Regulation No.8 Inclusion of para-methoxymethlamphetamine or PMMA in the List of Dangerous Drugs
Board Regulation No.9 Inclusion of A-Pyrrolidinovalerophenone or A-PVP in the List of Dangerous DrugsBoard Regulation No.10 Inclusion of para-methyl-4-methylaminorex or 4,4′-DMAR in the List of Dangerous DrugsBoard Regulation No.11 Inclusion of phenazepam in the List of Dangerous Drugs

Series 2015

Board Regulation No.1 Inclusion of ALPHA-PHENYLACETOACETONITRILE (“APAAN”) in the list of Controlled Precursors and Essential Chemicals
Board Regulation No.2 Inclusion of 1, 2-DIMETHYL-3-PHENYL AZIRIDINE and its CIS and TRANS ISOMERS in the list of Controlled Precursors and Essential Chemicals
Board Regulation No.3 Inclusion of SALVIA DIVINORUM, its resin, extract, tinctures or other forms and / or any part or portion thereof in the list of Dangerous Drugs

Series 2014

Board Regulation No.1 Comprehensive Amendments to Board Regulation No. 3 Series 2003, “Comprehensive Guidelines on Importation, Distribution, Manufacture, Prescription, Dispensing and Sale of, and Other Lawful Acts in Connection with Any Dangerous Drugs, Controlled Precursors and Essential Chemicals and Other Similar or Analogous Substances”, as Amended, and Other Related Board Issuances. (This Board Regulation will take effect on March 13, 2015) Annex A – Philippine Schedules of Dangerous Drugs Annex B – Philippine Tables of Controlled Precursors and Essential Chemicals Annex C – Regulatory Proceedings to reclassify, add, or remove from list Annex D – Table of Concentration Limits Annex E – Pharmaceutical Drugs in Airplanes and Vessels Annex F – Administrative Procedures in Suspending or Revoking a License Annex G – EUD Annex H – Requisition sheet Annex I – Registers Annex J – Report Forms Annex K – Registers Annex L – Safekeeping, storage, and transportation Annex M – MSDS or GHS of Classification of Controlled Chemicals

Series 2013

Board Regulation No.1 Amending Board Regulation No. 1, Series 2002, entitled “Guidelines on the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Laboratory Equipment” and for Other Purposes.
Board Regulation No.2 Inclusion of Methylephedrine in the list of dangerous drugs.
DRAFT PROPOSED AMENDMENT of Board Regulation No.3 Comprehensive Amendments to Board Regulation No. 3 s 2003, “Comprehensive Guidelines on importation, distribution, manufacture, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drugs, controlled precursors and essential chemicals and other similar or analogous substances”, as amended, and other related Board issuances 
Board Regulation No. 4
Series of 2013 Amendment to Board Regulation No. 7, Series of 2003 Entitled “General Guidelines for the Implementation of Mandatory Drug Testing to Officers and Members of the Military, Police and Other Law Enforcement Agencies”

Series 2010

Board Regulation No.1 Inclusion of Nabuphine Hydrochloride in the List of Dangerous Drugs

Series 2009

Board Regulation No.1 Guidelines for the Rehabilitation of First Time Offenders Under Section 15 of RA 9165 Who Are Not Drug Dependents
Board Regulation No.2 Implementing Guidelines for the Implementation of Board Regulation No. 6, Series of 2007, entitled Classifying Toluene-Based Contact Cement Products Without at Least Five Percent (5%) Mustard Oil Content as Dangerous Drugs
Board Regulation No.3 General Guidelines for the Conduct of Random Drug Testing for Students of Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No.6, Series of 2003
Board Regulation No.4 Amending Section 18 and 19, Article III of Board Regulation No.3, Series of 2003, entitled “Comprehensive Guidelines on Importation, Distribution, Manufacture, Prescription, Dispensing and Sale of, and Other Lawful Acts in connection with, any Dangerous Drugs, Controlled Precursors and Essential Chemicals and Other Similar or Analogous Substances”
Board Regulation No.5 Inclusion of N-Benzylpiperazine (BZP) in the List of Dangerous Drugs

Series 2008

Board Regulation No.1 Inclusion of Oripavine in the List of Dangerous Drugs
Board Regulation No.2 Inclusion of Amineptine in the List of Dangerous Drugs
Board Regulation No.3 Amending Board Regulation No.1, Series of 2007 entitled “Guidelines on the Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia, and/or Laboratory Equipment in connection with Cases under Investigation, Preliminary Investigation or Reinvestigation
Board Regulation No.4 Amending Board Regulation No.4, Series of 2003 entitled “Implementing Rules and Regulations Governing Accreditation of Drug Abuse Treatment and Rehabilitation Centers and Accreditation of Center Personnel”
Board Regulation No.5 Creating the Committee on Appeals of the Board and Prescribing the Procedures in Making an Appeal
Board Regulation No.6 Guidelines on the Transfer/Re-assignment of Police Witnesses

Series of 2007

Board Regulation No.1 Guidelines on the Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia, and/or Laboratory Equipment in connection with Cases under Investigation, Preliminary Investigation or Reinvestigation
Board Regulation No.2 Providing for Revised Guidelines in the Conduct of Barangay Drug-Clearing Operations Annex A and B – Organizing for Barangay Drug-Clearing Operations (Activites & Flowchart) & Watchlist of Drug Personalities Annex C – Knowing the Enemy (Identifying the Organizational Structure of drug Syndicates Operating in a Locality) Annex D Petition for Confinement & verification, Certification of Non-Forum Shopping Annex D1 Application for Voluntary Confinement for Treatment and Rehabilitation Annex D2 Application for Voluntary Confinement for Treatment and Rehabilitation thru Representation Annex E Certificate of Drug-Cleared Barangay Annex F Report on Barangay Drug-Clearing Operations Annex G Report Format on Advocacy & Preventive Education Seminars
Board Regulation No.3 Rules Governing Voluntary Confinement for Treatment and Rehabilitation of Drug Dependents
Board Regulation No.4 Amending certain Sections of Board Regulation No.5, Series of 2003, entitled Guidelines in the Implementation of Operation “Private Eye” as amended by Board Regulation No.4, Series of 2006
Board Regulation No.5 Institutionalizing the Barkada Kontra Droga Program
Board Regulation No.6 Classifying Toluene-Based Contact Cement Products Without at Least Five Percent (5%) Mustard Oil Content as Dangerous Drugs
Board Regulation No.7 Amending Board Regulation No.3, Series of 2003, entitled “Comprehensive Guidelines on Importation, Distribution, Manufacture, Prescription, Dispensing, and Sale of, and other Lawful Acts in connection with, any Dangerous Drugs, Controlled Precursors and Essential Chemicals and other Similar or Analogous Substances”
Board Regulation No.8 Amending Board Regulation No.2, Series of 2003, entitled “Implementing Rules and Regulations Governing Accreditation of Drug Testing Laboratories in the Philippines”
Board Regulation No.9 Amending Board Regulation No.1, Series of 2004, entitled “Prescribing Drug Test Fee for Government-Owned and Private Drug Testing Laboratories Accredited by the Department of Health”
Board Regulation No.10 Uniform Drug Inventory and Tracking System

Series 2006

Board Regulation No.1 Guidelines in the Implementation of the Aftercare Program for Recovering Drug Dependents
Board Regulation No.2 Regulation Governing the Implementation of Section 57 (Probation and Community Service under the Voluntary Submission Program) and Section 70 (Probation or Community Service for a First-time Minor Offender in Lieu of Imprisonment) of RA 9165
Board Regulation No.3 Guidelines for the Drug Proficiency Testing (PT) Program for Drug Testing Laboratories (DTLs)
Board Regulation No.4 Amending Board Regulation No.5, Series of 2003, Entitled Guidelines in the Implementation of Operation “Private Eye”
Board Regulation No.5 Imposing Fines and other Sanctions for Violations Committed on the Pertinent Provisions of Board Regulation No.3, Series of 2003
Board Regulation No.6 Prescribing the Procedures for Appeal regarding the Implementation of Board Regulation No.3, Series of 2003
Board Regulation No.7 Institutionalizing the Dangerous Drugs Board Integrated Drug Abuse Data Information Network (DDB IDADIN)

Series 2005

Board Regulation No.1 Amending Board Regulation No.5 Series of 2003, entitled Guidelines in the Implementation of “Operation: Private Eye”
Board Regulation No.2 Rules on the Suspension of Sentence of a First-time Minor Drug Offender
Board Regulation No.3 Inclusion of Ketamine in the List of Dangerous Drugs and Amending Section 32-6(b) of Board Regulation No.3, Series 2003 and in the List of Dangerous Drugs to be Prescribed in a Single Applicable Prescription by a Licensed Practitioner
Board Regulation No.4 Reclassifying Ephedrine and Pseudophedrine as Dangerous DrugsBoard Regulation No.5 Inclusion of Thionyl Chloride in the List of Controlled Precursors and Essential Chemicals

Series 2004

Board Regulation No.1 Prescribing Drug Test Fee for Government-owned and Private Drug Testing Laboratories Accredited by the Department of Health
Board Regulation No.2 Guidelines for the Formulation and Implementation of a Drug-free Workplace Program and the Conduct of Authorized Drug Testing by all Offices, Bureaus, and Agencies of the National and Local Governments, Government-owned and Controlled Corporations and other Institutes of Learning including the State Colleges and Universities
Board Regulation No.3 Prescribing the Confirmatory Drug Test Fee to be Paid by the Screening Drug Testing Laboratories to the Department of Health (DOH) Accredited Confirmatory Laboratories

Series 2003

Board Regulation No.1 Implementing Guidelines Governing the Operationalization of the Special Drug Education Centers
Board Regulation No.2 Implementing Rules and Regulations Governing Accreditation of Drug Testing Laboratories in the Philippines
Board Regulation No.3 Comprehensive Guidelines on Importation, Distribution, Manufacture, Prescription, Dispensing and Sale of, and Other Lawful Acts in connection with any Dangerous Drugs, Controlled Precursors and Essential Chemicals and other Similar or Analogous Substances
Board Regulation No.4 Implementing Rules and Regulations Governing Accreditation of Drug Abuse Treatment and Rehabilitation Centers and Accreditation of Center Personnel
Board Regulation No.5 Guidelines in the Implementation of Operation “Private Eye”
Board Regulation No.6 General Guidelines for the Conduct of Random Drug Testing for Secondary and Tertiary Students
Board Regulation No.7 General Guidelines for the Implementation of Mandatory Drug Testing to officers and members of the Military, Police, and other Law Enforcement Agencies
Board Regulation No.8 Guidelines for the Implementation of a Drug-free Workplace Policies and Programs for the Private Sector
Board Regulation No.9 Adopting and Enforcing All Previously Issued Dangerous Drugs Board Resolutions/Regulations and other Issuances that are not Inconsistent with the Provisions of RA 9165 otherwise known as the Comprehensive Dangerous Drug Act of 2002
Board Regulation No.10 Guidelines for the Implementation of Drug Testing of Driver’s License Applicants
Board Regulation No.11 Guidelines for the Implementation of Mandatory Drug Testing to Applicants of Firearms License and Permit to Carry Firearms outside of Residence
Board Regulation No.12 Re-use of the Polyethylene Bottles for Urine Collection in Drug Testing

Series 2002

Board Regulation No.1 Guidelines on the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals and Laboratory Equipment
Board Regulation No.2 Conduct of Controlled Delivery Operations

7. HB 4477: “Compassionate Use of Medical Cannabis Act.”

8. Rules of Court

9. 1987 Constitution > ARTICLE III : Bill of Rights

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