Drug Education [Republic Act 9165] for NSTP

 

Drug Education [Republic Act 9165]

 

§  Comprehensive Dangerous Drugs Act of 2002

§  is Mala Prohibita – meaning that it is punishable by law even in the absence of intent [(People v. Morilla, G.R. No. 189833, February 5, 2014).]

§  Dangerous Drugs - Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances (Sec. 3 (j), RA 9165).

§  Controlled Precursors and Essential Chemicals - Includes those listed in Tables I and II of the 1988
UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

§  PUNISHABLE ACTS:

o   1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 4, RA 9165);

o   2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 5, RA 9165);

o   3. Maintenance of a Den, Dive or Resort. (Sec. 6, RA 9165);

o   4. Employees and Visitors of a Den, Dive or Resort (Sec. 7, RA 9165);

o   5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 8, RA 9165);

o   6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals (Sec. 9, RA 9165);

o   7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 10, RA 9165);

o   8. Possession of Dangerous Drugs (Sec. 11, RA 9165) (BAR 2015);

o   9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs (Sec. 12, RA 9165);

o   10. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings (Sec. 13, RA 9165);

o   11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings (Sec. 14, RA 9165);

o   12. Use of Dangerous Drugs (Sec. 15, RA 9165);

o   13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof (Sec. 16, RA 9165);

o   14. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or

o   Controlled Precursors and Essential

o   Chemicals (Sec. 17, RA 9165);

§  DRUG PUSHING - SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS (SEC. 5)

§  Constructive possession under RA 9165

o   While it is not necessary that the property to be searched or seized should be owned by the person against whom the search warrant is issued, there must be sufficient showing that the property is under the accused’s control or possession. Constructive possession exists when the drug is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found. The prosecution must prove that the accused had knowledge of the existence and presence of the drugs in the place under his control and dominion and the character of the drugs (Del Castillo v. People, G.R. No. 185128, January 30, 2012).

§  It is amended by R.A. 10640 which provides the two-witness rule required during the seizure of illegal drugs at the buy bust operation or by virtue of warrant of arrest.

 

 

ROLE OF THE YOUTH ON THE DRUG DETECTION AND PREVENTION

§  There is a need for youth participation in the drug prevention and rehabilitation efforts as drug abuse and addiction is an increasing trend in younger generation.

§  Young people or organizations are assets to the community who can help alleviate or eradicate the possibility of drug abuse.

§  Whether individually or as a group, the youth is a good driving force that could shape the drug abuse prevention initiative of the country.

§  It is imperative to include the youth in the drug prevention for they know their needs better than anyone else.

§  With active youth involvement, young people are better protected, better outcomes are achieved, innovative approaches are realized, decisions are more applicable to youth needs and young people improve upon important skills such as communication and cooperation.

§  Participation also builds character and confidence when young people feel needed and appreciated.