CHAPTER VI: INDICATORS FOR DRUGS TESTING: “Reasonable Suspicion”

INDICATORS OF DRUG ABUSERS

The following are the indicators of drug abusers:

1. Performance indicators

2. Behavioral indicators

3. Physical indicators

4. Paraphernalia indicators

Performance Indicators

The following constitute performance indicators:

1. Excessive absenteeism, tardiness

2. Lower productivity, poor morale

3. Missed deadlines

4. Deteriorating work quality

5. Increase accidents, mistakes, equipment breakdowns

6. Multiple reports of theft

Behavioral Indicators

The following constitute behavioral indicators

1. Explosive arguments, and disagreements over small matters

2. Changes in attitudes, work behavior

3. Frequent hang-over symptoms

4. Using drug culture jargon

5. Secretive, forgetfulness, indecision

6. Avoiding "straight co-workers"

7. Hyper-reactivity, constant toe or heel tapping, finger drumming

8. Easy excitability

9. Restlessness, anxiety

10. Wearing long sleeves

11. New financial problems and frequent borrowing of money

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Physical Indicators (Changes in physical appearance)

Usually, dangerous drug abusers have dry and dull skin. If they can be been seen while still under the influence
of drugs, the following can be noted:

(A) Neglect of personal appearance, diminished drive, lack of ambition, reduced attention span, poor
quality of work, and impaired communication skills.

(B) Careless for the feelings of others, lessening of accustomed family warmth, pale face, red eyes,
dilation or constricted pupils, and wearing of sunglasses at wrong places.

(C) Secretive about money, the disappearance of money, and other valuables from the house.

(D) Friends refusing to identify themselves or hang up when you answer the phone, and overreaction to
mild conditions.

(E) Smell of Marijuana, sweetish odor, like a burned rope in the closets.

(F) Symptoms of nausea, vomiting, diarrhea, tremors, muscular aches, insomnia, and convulsion.

Paraphernalia Indicators

It must be noted that a person who is under the influence of drugs keeps some paraphernalia with him. Some of
the most common paraphernalia include but are not limited to the following: improvised glass piper/tooter, foil,
cigarette foil, and pieces of cut paper.

MOTIVATING FACTORS OF DRUG USE

Drug use is motivated by the following factors:

A. to attain some degree of euphoria

B. for increased enjoyment of other activities

C. as a recreational pursuit

Levels of Drug-Taking

A. Drug Use

This occurs when the effects of the drug sought can be realized with minimal hazards, whether or not used
therapeutically, legally, or as prescribed by a physician.

B. Drug Misuse

This occurs when a drug is taken or administered under circumstances and a dose that significantly increases the
hazards to the individual or others.

C. Drug Abuse

This occurs when a drug is taken under circumstances and at a dose that significantly increases its hazards or
potentials whether or not used therapeutically.

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"DRUG DEPENDENCE", defined.

Drug dependence is a state of psychic or physical dependence or both, on a drug arising in a person following
the administration of drugs on a periodic or continuous basis.

Drug dependence, based on the World Health Organization definition, is a cluster of physiological, behavioral,
and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use.

CHAPTER VII: REASON WHY PEOPLE TURN TO DRUGS

Reasons why people turn to drugs

The following are some of the most common reasons why people turn to drugs:

1. Poverty

2. Ignorance

3. Loss of Family Values and Solidarity

4. Various Factors

Poverty

This is the most prevalent factor that prompts pushers and abusers alike to indulge in dangerous drugs. Pushers
are forced by circumstances to sell prohibited drugs as a means or source of livelihood. Many abusers use dangerous
drugs as a means or source as a vehicle for escaping the realities of poverty and its concomitant problems.

Ignorance

Lack of knowledge and information about how dangerous drugs look like, their bad effects, legal consequences,
and other aspects of prohibited drugs, drug pushing, drug syndicates, and many others.

Loss of Family Values and Solidarity

Parents, who are busybodies, neglect their children. Western influences (through the media) have eroded the
Filipino values of praying and eating together.

Various Factors

Curiosity, peer pressure, environmental influences, boredom, frustration, and the desire to escape to reality are
some factors that help people turn to drugs.

CONTRIBUTORY FACTORS TO DRUG ABUSE

The following are the contributory factors to drug abuse:

1. Family Aspect

As regards to family aspect, the following are some of the common factors leading to drug abuse of a
child/children: lack of communication between the parents and their children; parents frequently quarreling in
the presence of their children; parents being busy in their works, and rejected children; and children prefer to be
with their peer group because they feel nobody wants them at home.
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2. School Aspect

The school, despite its efforts of molding the youth towards responsible citizens of the country, also tends to
contribute to the drug problems in our society if there is no basic drug education on the proper use of drugs in
the school Oftentimes, teachers are concerned on to the academic achievements of their students while the
latter's personality growth and upbringing are being neglected.

3. Community Aspect

It is noteworthy that the most influential aspect of the upbringing of the youth is the influences that the
environment can have to them. By this, drug-taking behavior can be influenced by the prevailing environmental
condition in a given community since drugs are easily available in the community; the increasing number of
users and pushers in the community; and no vocational or skilled training for out-of-school youth to keep them
gainfully occupied; and indifference and apathy of the community members in providing their support and
cooperation to law enforcement agencies in dealing with the drug problem.

4. Influence made by the Media

It is also noteworthy that the media is a contributory factor in influencing the youth towards drug use by over-
sensationalizing the tri-media on the drug abuse problem, and too much advertisement on curative and
therapeutic effects of drugs.

5. Biological Factor

Biological factors also contribute to an individual's use of drugs. Some individual health conditions such as
fatigue, chronic cough, insomnia, physical distress, and mental disorders are usually relieved with the use of
drugs, and improper use will lead to drug abuse. With the use of drugs, the body works actively, but the
continued improper use will result in drug dependency.

6. Psychological Factor

Psychological conflicts among the youths also affect their positive behavior toward the maintenance of a clean
living. The psychological conflict becomes a contributory factor for the youth to be hooked on drugs. Low self-
esteem and poor self-image may easily lead to drug abuse; as well as the need for acceptance and a sense of
belonging also may lead to drug abuse. Mental problem and escape from reality also leads to drug abuse.

7. Parental Neglect

It is worth noting that the influence brought about by advanced technology and computerization on the
behavior and attitude of the youth, aside from the fast-paced global modernizations, the following may be
considered as contributory factors in drug use: over-domineering parents; lack of parent concern and affection;
parental permissiveness; rejection by the parents; abuse of the parents; family instability and disorganization;
harsh physical punishment; childhood stress and trauma; lack of parental guidance, and psychological effects to
the children having separated parents.

8. Sociological Factors

Availability of over-the-counter and prescription drugs; influence made by the media; the impact of the
extravagant lifestyle or high unemployment problem; effect of the increased travel and exposure to different
cultures; modeling of parents (parents are also drug abusers); social pressures exerted by the peer groups;
feeling of powerless; lower value on academic achievements, and involvement in graft and corrupt practices of
the public officials.

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 CHAPTER VIII: TREATMENT AND REHABILITATION OF DRUG DEPENDENTS

Treatment, defined

Treatment is the method that refers to all methods and techniques utilized to help an individual overcome some
deficit or impairment.

Rehabilitation, defined

Rehabilitation is the outcome of treatment that refers to the reinstatement or recovery of a previous level of
functioning - social, emotional, physical, and economic aspects of a drug dependent.

Misconceptions About Treatment

Misconceptions about using medications to treat drug dependence are common. Medication will always be
essential to help the drug user to stop using drugs. Persons with genetic biochemical defects may need some
specific type of medication to keep them from using drugs.

It is also misunderstood that all drug dependencies can be treated the same way. While it is true that
alcoholism can be successfully treated by detoxification, this is not the case with drugs that affect brain
chemistry, e.g., cocaine, heroin, shabu, and marijuana. Basically, the treatment for these dependencies includes
a weekly or monthly visit to a counselor and a weekly urine test (to determine the presence of dangerous
drugs), for a period of four to six months, to determine if drug use persists.

Characteristics That Enhance the Potential Success of Treatment

A. An individual who became dependent on a drug following the teen years is more likely to succeed in
treatment.

B. Individuals who have access to intact family groups and the kinds of support available from intact families are
more likely to succeed in treatment.

C. A person who began taking the drug of choice for recreational or experimental reasons is less likely to succeed
in treatment than someone who is forced into it.

Withdrawal of Symptoms

Withdrawal of symptoms may refer to a characteristic reaction and behavior of varying intensity, depending on
the amount of the drug taken and length of time used which ensue upon abrupt cessation of a drug upon the
body.

Current Approaches to the Treatment and Rehabilitation of Drug Abusers

The following are the current approaches to the treatment and rehabilitation of drug abusers:

1. Supervisory-Deterrent Model

The Supervisory-deterrent model involves law enforcement. It is a method used to control drug use and,
thus, will result in the reduction of drug abusers. This type of approach works only when the probability of
ending up in jail is a certainty. It only works on a large-scale basis to reduce the incidence of drug use or abuse.
When everyone is certain that a drug sentence will always follow drug use, incident rates will go down.

2. Medical-Distributive Model

This approach is based on the philosophy that if the medical profession finds a person who has a
disorder that cannot be treated (the disorder refers to drug dependence). The purpose of this approach is to
improve a person's quality of life while minimizing the social and medical consequences of drug dependence.

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3. Drug-Free Model

This approach is based on the doctrine of "Drug Abstinence"... Abstinence is an overriding goal, and
reinforcement of that behavior is considered to occur best in peer group settings. "Therapeutic community" is
one of the best drug-free approaches. Therapeutic communities are often residential programs designed to deal
with the psychological causes of drug dependence by trying to change the drug dependent's personality.

4. Crisis Intervention

Unlike the previously mentioned approaches, crisis intervention refers to the medical or non-medical
management of emergencies that present some acute hazard to the drug abuser. This approach may or may not
have anything to do with the drug, but most often they fall in the area of acute adverse drug reactions,
treatment for overdose, or adverse psychological states associated with a drug experience.

5. Multi-modality Approach

This approach is premised on the following principles:

1. A crash program must be avoided.

2. The drug population is heterogeneous. People are addicted to many different drugs; their entry routes into
the drug world are different, their motivations are different, and their needs are different.

3. Dependency is the result of a complex interaction among the individual, the environment, and the treatment
program

PROGRAM FOR DRUG TREATMENT AND REHABILITATION OF DRUG DEPENDENTS

R.A. 9165 provides for both a voluntary submission program and compulsory confinement for the rehabilitation
and treatment of drug dependents.

Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation

1. A drug dependent or any person who violates Section 15 of RA 9165 may, by himself/herself or through his/her
parent, spouse, guardian, or relative within the fourth degree of consanguinity or affinity, apply to the Board or
its duly recognized representative, for treatment and rehabilitation of the drug dependency.

2. Upon such application, the Board shall bring forth the matter to the court which shall order that the applicant be
examined for drug dependency.

3. If the examination by the DOH-accredited physician results in the issuance of a certification that the applicant is
a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a center
designated by the Board for a period of not less than six (6) months: Provided, that a drug dependent may be
placed under the care of a DOH-accredited physician where there is no Center near of accessible to the
residence of the drug dependent or where said drug dependent is below eighteen (18) years of age is a first-time
offender and non-confinement in a Center will not pose a serious danger to his/her family or the community.

4. After confinement in a center for treatment and rehabilitation, the court shall determine whether the drug
dependent will undergo further confinement.

5. After the applicant has been temporarily released, he will still be required to report to the DOH for aftercare and
follow-up treatment.

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How will the drug-dependent benefit from this program?

Aside from benefiting from treatment and rehabilitation, the drug dependent shall also be exempt from the
criminal liability imposed for drug use. However, the applicant should meet the following requirements:

1. Compliance with the rules and regulations of the rehabilitation center.

2. Has not been charged or convicted of any offense under R.A. 9165 or R.A 6425 or the Revised Penal Code of the
Philippines
3. Has not escaped from the rehabilitation center
4. Poses no threat or danger to himself, his family, and the community.

Applicants who cannot meet these requirements will be placed on probation and should undergo community service.

ROLES OF THE FAMILY, STUDENTS, TEACHERS AND SCHOOL AUTHORITIES

What are the roles of the Family, Students, Teachers, and School authorities in the campaign of the government
against illegal drugs?

The family shall educate, make family members aware of the illegal effects of drugs, and closely monitor
family members who may be prone to drug abuse.

Student councils and campus organizations should include in their activities a program for the
prevention of drug use and the referral of drug-dependent students for treatment and rehabilitation

School curricula of public and private schools should include instruction on drug abuse, prevention, and
control.

As persons in authority, school heads, supervisors, and teachers can apprehend, arrest, or cause the
arrest of any person who violates any of the unlawful acts enumerated under RA 9165.

What is expected from the Department of Education and other government agencies in the education sector?

The Department of Education, the Commission on Higher Education and the Technical Education and
Skills Development Authority (TESDA) shall develop, publish, and distribute information, and support
educational materials on dangerous drugs for students, faculty, parents, and the community.

What is the Special Education Center?

A Special Education Center shall be established in each province to sponsor drug-prevention programs
and information campaigns and educate the out-of-school youth and street children on the harmful effects of
drugs.

PARTICIPATION OF THE PRIVATE AND LABOR SECTORS, DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)
AND THE LOCAL GOVERNMENT UNITS

What is the responsibility of DOLE, private companies, and the labor sector?

Private companies should adopt a national drug abuse prevention program in the workplace developed by the
DOLE. The program should include company policies against drug use after consulting with the DOLE, labor, and
employer organizations, and human resource development managers.

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 CHAPTER IX: APPROACHES AND STRATEGIES TO ADDRESS THE DRUG PROBLEM

LAW ENFORCEMENT APPROACH

The Philippine government considers drug abuse as a multi-faceted problem that threatens the health and well-
being of the Filipinos across all levels of the society. It is noteworthy that Republic Act No. 9165 (otherwise known as the
Comprehensive Dangerous Drugs Act of 2002) has been created to control the drug problem.

Dangerous Drug Board (DDB)

The Dangerous Drugs Board is a Philippine government agency that makes policies, strategies and programs on
drug prevention and control.

The Dangerous Drug Board is directly under the Office of the President. Its Secretariat is under the
administrative control and supervision of the Executive Director, who has the tank of Undersecretary and who is assisted
by two (2) Deputies with the rank of assistant secretaries. These are the Deputy Executive Director for Administration,
and Deputy Executive Director for Operations.

Composition of the Board

The Dangerous Drug Board is composed of the following:

A. Chairman; two (2) permanent Board Members;

B. The Heads of twelve (12) National Government Agencies as Ex-Officio members namely: the Department of
Justice (DOJ), Department of Labor and Employment (DOLE), Department of Health (DOH), Department National
Defense (DND), Department of the Interior and Local Government (DILG), Department of Social Welfare and
Development (DSWD), Department of Foreign Affairs (DFA), Department of Finance (DOF), Department of
Education (DepEd), the Commission of Higher Education (CHED), the National Youth Commission (NYC), and the
Philippine Drug Enforcement Agency (PDEA); and
C. Two (2) regular members, the President of the Integrated Bar of the Philippines (IBP) and the Chairman or
President of a Non-Government Organization (NGO).
D. The permanent consultants are the heads of the National Bureau of Investigation (NBI), and the Philippine
National Police (PNP)

Philippine Drug Enforcement Agency (PDEA)

The Philippine Drug Enforcement Agency (PDEA) (Filipino: Kawanihan ng Pilipinas Laban sa Droga) is the lead
anti-drugs law enforcement agency, responsible for preventing, investigating and combating any dangerous drugs,
controlled precursors and essential chemicals within the Philippines. The agency is tasked with the enforcement of the
penal and regulatory provisions of Republic Act No. 9165 (R.A. 9165), otherwise known as the Comprehensive
Dangerous Drugs Act of 2002.

PDEA is under the supervision of the Office of the President. PDEA is the implementing arm of the Dangerous
Drugs Board (DDB).

The DDB is the policy-making and strategy-formulating body in the planning and formulation of policies and
programs on drug prevention and control.

PDEA and DDB are both under the supervision of the Office of the President.

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 THE FIVE PILLARS OF ACTION
The following are the five pillars of action:

1. Supply Reduction
The objective of supply reduction is to take away the drugs from the person through market denial
operations and prevention of diversion of these drugs to the illicit markets. Supply reduction efforts take the
form of law enforcement, the regulatory compliance, and institution of judicial and legislative measures.

2. Demand Reduction
This pillar is geared towards reducing the consumer's demand from drugs and other substances. This is
done through programs on Preventive Education, Treatment and Rehabilitation, and Research. These programs
are either school-based or community based or both.

3. Alternative Development
This pillar aims to reduce the production of marijuana and eventually eliminate its cultivation through
sustainable rural development and alternative livelihood programs. Its thrust is to develop and implement
sustainable income-generating programs like yakon snd jathropa (commonly known as tuba-tuba) propagation
and other socio-economic programs offering health services, Philhealth insurance, education, and infrastructure
like farm-to-market roads, irrigation systems, etc.

4. Civic Awareness
Promotion of Civic Awareness is done through the use of a public communication strategy that utilizes
the tri-media in conveying anti-drug abuse messages and through the conduct of community-based outreach
programs that also deal with the evils of drug abuse and the legal consequences of being involved in illegal
drugs. The Board's Programs and activities for the year focused on the promotion of a campaign message
"Challenge Yourself".."Be Drug-Free This communication plan was developed to properly and effectively
disseminate the message.

5. Regional and International Cooperation

The Dangerous Drug Board has actively maintained cooperative undertakings at the bilateral, regional,
and international levels on all matters pertaining to drug abuse and illicit trafficking of dangerous drugs.

What is Marijuana Eradication?

Marijuana eradication involves the location and destruction of marijuana plantations, including the
identification, arrest, and prosecution of the planter, owner, or cultivator, and the escheating of the land where the
plantations are located.

CHAPTER X: LEGAL ASPECT OF DRUG TESTING

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (R.A. 9165)

Safeguard the state, and its citizens from the harmful effects of dangerous drugs

⮚ Enhance the efficiency of the law against dangerous drugs

⮚ Enhance campaign against trafficking and use of dangerous drugs
⮚ Reintegrate drug users back into society

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Mandatory Drug Testing

⮚ All persons charged before the prosecutor's office with an offense having an impossible penalty of
imprisonment of not less than 6 years and 1 day
⮚ Any person arrested for violations of the provisions of R.A. 9165, is subjected to a screening drug test
within 24 hours. If positive, confirmatory testing within 15 days after receipt of the result (Sec 38, R.A.
9165)
⮚ All candidates for public office whether appointed or elected both in national or local government.

Who is required to undergo mandatory drug testing?

⮚ Applicants for driver's license (new and renewal)

⮚ Applicants for firearms license

⮚ Applicants for a permit to carry firearms outside of residence

⮚ Officers and members of the military, police, and other law enforcement agencies (annual drug testing)

⮚ All persons who by nature of their profession carry firearms (e.g security guards)

⮚ Students of secondary and tertiary schools

⮚ Officers and employees of public and private offices

⮚ All persons charged before the prosecutor's office of a criminal offense are punishable with
imprisonment of not less than six (6) years and one (1) day.

⮚ Candidates for public office whether appointed or elected in the national and local government.

WHO MAY UNDERGO RANDOM DRUG TESTING?

1) Students of Secondary and Tertiary schools (DECS/CHED to implement)

● Requisites:
⮚ Pursuant to rules and regulations as contained in the school's student handbook
⮚ With notice to parents
⮚ Government shall bear the cost of drug testing (private or public schools)

Under Section of RA 9165, instruction on drug abuse prevention and control shall be integrated into the elementary,
secondary, and tertiary curricula of all public and private schools, whether general, technical, vocational, or agro-
industrial as well as in non-formal, informal, and indigenous learning systems. Such instructions shall include:

1. Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school, and the
community;
2. Preventive measures against drug abuse;
3. Health, socio-cultural, psychological, legal, and economic dimensions and implications of the drug problem.
4. Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for
the treatment and rehabilitation of drug dependents; and
5. Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of
dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and
drug dependent in order to avoid confusion and accidental stigmatization in the consciousness of the students.

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Section 44 of Republic Act 9165 provides that all school Heads, Supervisors, and Teachers shall be deemed persons in
authority and, as such, are hereby empowered to apprehend, arrest, or cause the arrest or apprehension of any person
who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed
persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if
they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its immediate
vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or
immediate superior who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after
due hearing. constitute sufficient cause for disciplinary action by the school authorities.

What is Chemical Diversion?

It refers to the sale, distribution, supply, or transport of legitimately imported, in-transit, manufactured, or
procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud.

What is a Clandestine Laboratory?

It refers to any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and
essential chemical.

What is a Confirmatory Test?

It refers to an analytical test using a device, tool, or equipment with a different chemical or physical principle
that is more specific which will validate and confirm the result of the screening test.

What is a Den, Dive, or Resort?

A place where any dangerous drug and/or controlled precursor and essential chemical is administered,
delivered, stored for illegal purposes, distributed, sold, or used in any form.

What is Dispense?

It refers to any act of giving away, selling, or distributing medicine or any dangerous drug with or without the
use of a prescription.

What is a Drug Syndicate?

Drug syndicate refers to any organized group of two (2) or more persons forming or joining together with the
intention of committing any offense prescribed under this Act.

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What is Illegal Trafficking?

It refers to the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, and trading.
Transportation, distribution, importation, exportation, and possession of any dangerous drug and/or controlled
precursor and essential chemical.

What is an Instrument?

It refers to anything that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.

What is Laboratory Equipment?

The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the
manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel,
preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.

What is Manufacture?

It refers to the production, preparation, compounding, or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or
other substances by a duly authorized practitioner as an incident to his/ her administration or dispensation of such drug
or substance in the course of his/her professional practice including research, teaching and chemical analysis of
dangerous drugs or such substances that are not intended for sale or for any other purpose.

What is Planting of Evidence?

It refers to the willful act by any person of maliciously and surreptitiously inserting, placing, adding, or attaching
directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for
the purpose of implicating, incriminating or imputing the commission of any violation of this Act.

Who is a Practitioner.?

Practitioner refers to any person who is a licensed physician, dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the Philippines.

What is a Screening Test?

The screening test is a rapid test performed to establish potential/ presumptive positive results.

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What is "Sell"

Under Republic Act 9165, "Sell" means the act of giving a dangerous drug, whether for money or any other
material consideration.

What is Use?

Use refers to any act of injecting, intravenously or intramuscularly, or consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, and of
dangerous drugs.

Question:

What happens to confiscated, seized, and surrendered dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia, and/or laboratory equipment?

Answer:

The Philippine Drug Enforcement Agency (PDEA) shall have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors, and essential chemicals as well as instruments/paraphernalia and/or laboratory
equipment that are confiscated, seized, and/or surrendered.

The apprehending team or the group in custody of the confiscated drugs shall immediately prepare an inventory and
photograph the items in the presence of the accused or his counsel, a representative from the media, and the
Department of Justice (DOJ), and any elected public official. The items will then be submitted to the PDEA Forensic
Laboratory for examination. Within 24 hours after receipt of the items, the Forensic Laboratory examiner shall issue a
certification of the laboratory results.

The court shall conduct an ocular inspection of the confiscated items within 72 hours after the filing of the
criminal case. The PDEA shall then destroy or burn the items in the presence of the accused, a representative from the
media and DOJ, civil society groups, and any elected official. However, a representative sample shall be retained.

After the judgment has been rendered in the criminal case, the trial prosecutor shall inform the Dangerous
Drugs Board that the case has been terminated and ask permission from the court to turn over the representative
sample to the PDEA.

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