NSTP PDF

[GOOD CITIZENSHIP] CITIZEN - mamamayan CITIZENSHIP - Pagka mamamayan * To be a citizen means being aware of one’s rights and committed to one’s duties ALL CITIZENS may be required by law to render personal military OR civil service The Evolution of NSTP  1935...

[GOOD CITIZENSHIP] CITIZEN - mamamayan CITIZENSHIP - Pagka mamamayan * To be a citizen means being aware of one’s rights and committed to one’s duties ALL CITIZENS may be required by law to render personal military OR civil service The Evolution of NSTP  1935 President Manuel L. Quezon August 19, 1878 – August 1, 1944 Commonwealth Act No. 1 “National Defense Act” ✔ Required Military Training ✔ All MALE college students ✔ 2 years = 4 Semesters  1980 President Ferdinand E. Marcos Sr. September 11, 1917 – September 28. 1989 Presidential Decree No. 1706 “National Service Law” ✔ COMPULSORY National Service ✔ ALL FILIPINO citizens 3 Components ✔ Civic Welfare Service (CWS) ✔ Law Enforcement Service (LES) ✔ Military Service (MS)  1986 President Corazon C. Aquino January 25, 1933 – August 1, 2009 Republic Act No. 7077 “The Citizen Armed Forces of the Philippines Reservist Law” ✔Suspension of NSL except for Military training ✔Basic ROTC ✔Main Objective: Is to train all able-bodied tertiary students for military skills in case of war. ✔Effective SY 1986-1987  1991 President Gloria Macapagal-Arroyo April 5, 1947 NSTP Act of 2001 ✔ In year 2001, Mark Welson Chua incident in UST ROTC ended ROTC sole offering. ✔ ROTC was made OPTIONAL ✔ Mandatory to all Male and Female to take NSTP as a subject in 1st year ✔ Republic Act 9163 was IMPLEMENTING RULES AND REGULATIONS (IRR) OF THE NATIONAL SERVICE TRAINING PROGRAM (NSTP)  Republic Ac t 9163 Guiding Principles Section 1 While it is the prime duty of the government to serve and protect its citizens, in turn it shall be the responsibility of all citizens to defend the security and promote the general welfare of the State, and in fulfillment thereof, the government may require each citizen to render personal military or civil service. Role of the Youth Section 2 NSTP aimed at transforming the youth into productive assets for local and national development. It is designed to develop knowledge, skills and values in order for young Filipino to become good citizens. The PRIMARY Objective of the NSTP: To promote the vital role of the youth in nation building WHO ARE THE YOUTH? The State hereby declares that “Youth” is the critical period in a person’s growth and development from the onset of adolescence towards the peak of mature, self- reliant and responsible adulthood comprising the considerable sector of the population from the age of fifteen (15) to thirty (30) years. 1987 Philippine Constitution Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. WHAT IS CONSTITUTION? “A body of Rules and Principles” WHAT IS PREAMBLE? tells what Filipino people is striving for, what they aspire to be, and what they believe in. Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.  THE BASIC VALUES OF THE FILIPINO THE CLUSTERED GOOD CITIZENSHIP VALUES THAT ARE REFLECTED IN THE PREAMBLE OF THE 1987 PHILIPPINE CONSTITUTION 1.Faith to Almighty God 2.Respect for Life 3.Order 4.Work 5.Concern for the Family and Future Generations  Maka- Diyos Cluster Act of Selfless Love Maka- Diyos - reflects your faith to Almighty God and in order to show it, you must acknowledge Him in all your endeavors… Mother Teresa “Mother Teresa (1910–1997) was a Roman Catholic nun who devoted her life to serving the poor and destitute around the world. She spent many years in Calcutta, India where she founded the Missionaries of Charity, a religious congregation devoted to helping those in great need. In 1979, Mother Teresa was awarded the Nobel Peace Prize and became a symbol of charitable, selfless work. In 2016, Mother Teresa was canonized by the Roman Catholic Church as Saint Teresa.” “The fruit of faith is love, and the fruit of love is service..”  Makatao Cluster Maka- Tao - it is a reflection of your character of helping other people particularly the needy… (Act of Volunteerism) 6.Love 7.Freedom 8.Peace 9.Truth 10.Justice Princess Diana She had spent her life through charitable works. She shared her love to AID/HIV victims, to the lepers, to the homeless and poor people, visiting the prisoners’ families and those sick people in the palliative care. Diana, Princess of Wales 1961- 1997 “I would like to be a queen in the hearts of the people.”  Makabayan Cluster Maka- Bayan - reflects your love for your country. (Act of Nation Building) 11.Unity 12.Equality 13.Respect for the 14.Patriotism 15.Promotion of Common Good THE BILL OF RIGHTS Article III of the 1987 Philippine Constitution compose of 22 sections -A bill of rights is a constitutional enumeration of rights and privileges guaranteed by the State to all persons within its territory. Section 1. The Right to LIFE,LIBERTY,and PROPERTY No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The Right of the people to be SECURE The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. The Right to PRIVACY of communication and correspondence (1)The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2)Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4. :FREEDOM of SPEECH No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. RELIGION and BELIEF No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 6. Right to TRAVEL The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Section 7. Right to ACCESS INFORMATION The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. Right to form UNIONS, ASSOCIATIONS or SOCIETIES The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. PRIVATE PROPERTY shall not be taken for PUBLIC USE without JUST COMPENSATION Private property shall not be taken for public use without just compensation. Section 10. NO LAW impairing the OBLIGATION of CONTRACTS shall be passed No law impairing the obligation of contracts shall be passed. Section 11. FREE ACCESS to courts & quasi-judicial bodies and ADEQUATE LEGAL ASSISTANCE Free access to the courts and quasi- judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. The right to REMAIN SILENT (1)Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2)No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3)Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4)The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. Section 13. Right to BAIL All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. DUE PROCESS of law (1)No person shall be held to answer for a criminal offense without due process of law. (2)In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Section 15. WRIT OF HABEAS CORPUS The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Section 16. The right to SPEEDY DISPOSITION of cases All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. NO PERSON shall be compelled to be a WITNESS AGAINST HIMSELF No person shall be compelled to be a witness against himself. Section 18. NO DETENTION solely by reason of political beliefs & aspirations and NO INVOLUNTARYSERVITUDE (1)No person shall be detained solely by reason of his political beliefs and aspirations. (2)No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. EXCESSIVE FINES SHALL NOT BE IMPOSED,nor cruel, degrading or in human punishment inflicted. (1)Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2)The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall Section 20. NO PERSON shall be IMPRISONED for DEBT No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be TWICE PUT in JEOPARDY OF PUNISHMENT for the same offense. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. NO EX POST FACTO LAW or BILL OF ATTAINDER shall be enacted No ex post facto law or bill of attainder shall be enacted.  Makakalikasan Cluster 16.Concern for the Environment Maka- Kalikasan - reflects your values for the love of nature. (Act of Nature Conservation) We are always reminded to care about our planet, our nature, our environment. With all the disturbances that keep on happening in our nature: calamities, floods, landslides, shortage of natural resources - we encourage everyone to not just throw a cold shoulder but to become enthusiast in conserving our nature - Let’s live the “Maka- kalikasan” brand everyday! PULIS Pang- KALIKASAN!  [Self Awareness and the Filipino Society] “All people have three characters, that which they exhibit, that which they have, and that which they think they have.” - Alphonse Karr According to Birch (1997), one of the most crucial processes in the early years of the child’s life is the development of sense of self. Gardener (1982) suggests that there are number of factors that the children should know. They should: Be aware of their own body, its appearance, state and size (body-size); Be able to refer to themselves appropriately through language and be able to distinguish descriptions which apply to self and which do not; Be aware of their own personal history, experiences they have had, skills and abilities acquired, their own needs and wishes. Emotional Awareness Emotional awareness is the ability to recognize and make sense of not just your own emotions, but also those of others. This awareness is a big component of what is referred to as ‘emotional intelligence’ (E.I.), which also includes being able to solve problems in life by understanding emotions, such as being able to regulate your own emotions and cheer others up when they are feeling low * High levels of emotional awareness means you can learn from your feelings quickly. For example, if you feel sad, you can reflect on why this is so, and make decisions that then help you. It also means you can predict emotions in advance – you know what actions will lead to what emotions and this means you can make better choices accordingly. you can communicate your emotional states more clearly to others you can move through difficulties faster by using your emotions as a navigating tool you can set personal boundaries that work for you you can understand and others better and be more helpful you can help yourself feel better by knowing what decisions lead to feeling good. Emotional Awareness and Mental Health Issues Of course, without emotional awareness means we can’t access how we feel, struggle to understand others, or we can’t control our emotions. Perhaps you feel numb inside, or you feel so emotional you try to escape your feelings. These scenarios means you are more susceptible to several mental health problems that can include: Depression Anxiety Alcohol and drug addictions Eating disorders including overeating Borderline personality disorder Disassociation The 5 Kinds of Emotional Awareness 1.Physical Sensations Your awareness is limited to the physiological changes that are associated with an emotion, such as a change in your heartbeat or temperature, or that ‘your stomach feels tense’. 2.Action Tendencies This is fancy wording to mean you know that your emotions work at the level that you know whether or not you want to go towards or away from a situation because you can see it makes you feel ‘good’ or ‘bad’. 3.Single Emotions You are aware of having one emotion at a time, such as happiness and sadness. 4.Blend of Emotions You can make sense of different kinds and intensities of emotions and the contrasting feelings that may occur simultaneously, but you don’t really understand how other people feel. 5.Blends of Blends of Emotions You can experience different emotions and describe them in ways maybe others haven’t, using metaphors that make sense to you. And they have a good emotional awareness of the inner states of others. “My stomach feels sick for some reason. I don’t know how my friend must be feeling.” “I feel I need to go home and get away from this event, I feel bad. My friend probably feels good.” “I’m happy for my friend so I guess I’m happy.” “I feel happy for her but a bit depressed I didn’t win.” “I feel disappointed and happy all at once, like a pretty balloon that is a little deflated. But if someone else had to win, I am glad it is my friend. I think she must proud and happy, but also slightly disappointed she didn’t get the big prize.” Real Self- an individual’s true wishes and feelings and his or her potential for further growth and development. His actual self; true self. (Karen D. Horney, APA Psychology) Ideal Self - in modelsof self-concept, a mental representation of an exemplary set of psychological attributes that one strives or wishes to possess. (APA Psychology) Hereditary called inheritance or biological inheritance, is the passing on of traits from parents to their offspring; either through asexual reproduction or sexual reproduction, the offspring cells or organisms acquire the genetic information of their parents. ✔ As we grow older, self concept becomes more complex ✔ As we mature, we place less emphasis on physical characteristics and more on psychological states such as thoughts, feelings, etc. JOHARI The Johari window is a technique designed to help people better understand their relationship with themselves and others. It was created by psychologists Joseph Luft (1916–2014) and Harrington Ingham (1916–1995) in 1955 and is used primarily in self-help groups and corporate settings as a heuristic exercise. * A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Strengths of the Filipino Character: 1. Pakikipagkapwa-tao (regard for others) 2. Family Orientation 3. Joy and humor 4. Flexibility, Adaptability, Creativity 5. Hard work and Industry 6. Faith and religiosity 7. Ability to survive Weaknesses of the Filipino Character: Fiesta Syndrome Mañana Habit Crab Mentality Lack of Discipline Extreme Family Centeredness Colonial Mentality Roots of the Filipino Character These are factors that greatly affects the roots of the Filipino strengths and weakness. These are: 1. The home environment 2. Social Environment 3. Culture and Language 4. History 5. The educational system 6. Religion 7. The economic environment 8. The political environment 9. Mass media 10. Leadership and mass model What is Nationalism? nationalism is “the policy or doctrine of asserting the interests of one’s own nation viewed as separate from the interests of other nations or the common interests of all nations.” In short, nationalism is a kind of excessive, aggressive patriotism. What is Patriotism? The word patriotism is a noun that means “devoted love, support, and defense of one’s country; national loyalty.” Where is nationalism and patriotism? While listening to the song, kindly list down all kinds of nationalism and patriotism that you can hear and encounter. Click the link below (Nationalism and Patriotism)  [Punishable Acts] OFFICE OF THE PRESIDENT Philippine Drug Enforcement Agency Regional Office – National Capital Region REPUBLICT ACT NO. 9165 The Comprehensive Dangerous Act of 2002 BRIEF HISTORY ⦿ A consolidation of Senate Bill No. 1858 and House Bill No. 4433. It was enacted and passed by the Senate and Congress on May 30, 2002 and May 29, 2002, respectively. It was signed into law by President Gloria Macapagal Arroyo on June 7, 2002. ⦿ It repealed Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972 ⦿ Created the Philippine Drug Enforcement Agency (PDEA) which serves as the implementing arm of the DDB. The PDEA is responsible for the enforcement of all the provisions on any dangerous drugs, controlled precursors and essential chemicals STRUCTURE ⦿ 9 Articles and 101 Sections ⦿ ARTICLE II – ⚫ Section 4 to 35 ⚫ Unlawful Acts and Penalties Punishable Acts: 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. Maintenance of a Den, Dive or Resort 4. Employees and Visitors of a Den, Dive or Resort 5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals 6. Possession of Dangerous Drugs 7. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs 8. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings 9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings 10. Use of Dangerous Drugs 11. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof 12. Attempt or Conspiracy 13. Planting of Evidence 14. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities 15. Additional Penalty if Offender is an Alien Definition of Terms ⦿ Controlled Precursors and Essential Chemicals – Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act. ⦿ Financier – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act. ⦿ Protector/Coddler – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.  IMPORTATION - Section 4 - “The crime of IMPORTATION of regulated drugs is committed by importing or bringing any regulated drug into the Philippines without being authorized by law.” People vs. Chi Chan Liu G.R. No. 189272, Jan. 21, 2015 MAGNETIC LIFTERS MICP & GMA, CAVITE August 2018 TEA PACKS MICP March 2019 SWALLOWER NAIA November 2017 MUFFLER PARTS NAIA February 2019 SAUCE CANS CLARK INT’L AIRPORT January 2019 BUDDHA FIGURINES Port of Clark January 2018 PENALTY Dangerous Drugs regardless of quantity or purity ⮚ Life Imprisonment to death plus fine of 500t to 10M Controlled Precursors & Essential Chemicals Protector/Coddler ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t Financier and those who will use diplomatic passport ⮚ Maximum penalty  SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION & TRANSPORTATION - Section 5 - SELL Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration. TRADING Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this act. DELIVER Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. ADMINISTER Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. TRANSPORTATION The essential element of the charge of illegal transportation of dangerous drugs is the movement of the dangerous drug from one place to another. As defined in the case of people v. Mariacos, "Transport" Means "To carry or convey from one place to another.“ There is no definitive moment when an accused "Transports" A prohibited drug. When the circumstances establish the purpose of an accused to transport and the fact of transportation itself, there Should be no question as to the perpetration of the criminal act. The fact that there is actual conveyance suffices to support a finding that the act of transporting was committed. -People vs. Asislo G. R. NO. 206224, JAN. 18, 2016 DISPENSE ANY ACT OF GIVING AWAY, SELLING OR DISTRIBUTING MEDICINE OR ANY DANGEROUS DRUG WITH OR WITHOUT THE USE OF PRESCRIPTION.  PENALTY Dangerous Drugs regardless of quantity or purity ⮚ Life Imprisonment to death plus fine of 500t to 10M Controlled Precursors & Essential Chemicals ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t When transaction transpired 100 meters away from school ⮚ Maximum Penalty When minors or mentally incapacitated individuals are used as runners, couriers and messengers, or in any other capacity directly connected to the DD and/or CPEC trade ⮚ Maximum Penalty If the victim of the offense is a minor or a mentally incapacitated individual, or should a dd and/or a cpec involved in any offense be the proximate cause of the victim’s death. ⮚ Maximum Penalty Any person who Organizes, manages, or acts as financier.. ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t PROTECTOR/CODDLER… ⮚ Maximum Penalty MAINTENANCE of a DEN, DIVE or RESORT -Section 6- EMPLOYEES & VISITORS OF A DIVE ODRERNE, SORT -Section 7- 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. A DRUG DEN IS A LAIR OR HIDEAWAY WHERE PROHIBITED OR REGULATED DRUGS ARE USED IN ANY FORM OR ARE FOUND. ITS EXISTENCE MAY BE PROVED NOT ONLY BY DIRECT EVIDENCE BUT MAY ALSO BE ESTABLISHED BY PROOF OF FACTS AND CIRCUMSTANCES, INCLUDING EVIDENCE OF THE GENERAL REPUTATION OF THE HOUSE, OR ITS GENERAL REPUTATION AMONG POLICE OFFICERS. -People vs. Rom G.R. No. 198452, Feb 19, 2014 EMPLOYEE THE CARETAKER, HELPER, WATCHMAN, LOOKOUT, AND OTHER PERSONS WORKING IN THE DEN, DIVE OR RESORT, EMPLOYED BY THE MAINTAINER, OWNER AND/OR OPERATOR WHERE ANY DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL IS ADMINISTERED, DELIVERED, DISTRIBUTED, SOLD OR USED, WITH OR WITHOUT COMPENSATION, IN CONNECTION WITH THE OPERATION THEREOF. VISITOR CORONEL vs PEOPLE G.R. No. 214536, March 13, 2017 BEFORE A PERSON MAY BE CONVICTED UNDER THE FOREGOING PROVISION, IT MUST BE SHOWN THAT HE OR SHE KNEW THAT THE PLACE VISITED WAS A DRUG DEN, AND STILL VISITED THE PLACE DESPITE THIS KNOWLEDGE. PENALTY SECTION 6 – MAINTENANCE OF A DEN, DIVE OR RESORT Any person or group of persons who shall maintain a den, dive or resort where any DD is used or sold in any form ⮚ Life Imprisonment to death plus fine of 500t to 10M Any person or group of persons who shall maintain a den, dive, or resort where any CPEC is used or sold in any form ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t Financier/ when drug is sold to a minor/ if it causes proximate death ⮚ Maximum penalty Protector/Coddler ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t  PENALTY: Section 7. Employees and Visitors of a Den, Dive or Resort ❖The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00). MANUFACTURE - Section 8 - MANUFACTURE The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; 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. Clandestine Laboratory – Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical. The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. (Sec. 8, Republic Act No. 9165, as amended) HINGOSO FARM Ibaan, Batangas April 2018 MEGA SHABU LAB Arayat, Pampanga September 2016 SHABU/ECSTACY LAB Malabon April 2018 PIG FARM/UNDERGROUND LAB Magalang, Pampanga September 2016 FLOATING SHABU LAB Subic Bay July 2016 CONDO KITCHEN LAB Pasay City September 2018 Penalty SECTION 8 – MANUFACTURE OF DD AND/OR CPEC Any person, who, unless authorized by law shall engage in the manufacture of any DD. ⮚ Life Imprisonment to death plus fine of 500t to 10M Any person, who, unless authorized by law shall manufacture any CPEC. ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500t Protector/Coddler ⮚ 12 years & 1 day to 20 years imprisonment plus fine of 100t to 500 FINANCIER ⮚ Maximum penalty POSSESSION - Section 11 - THE FOLLOWING ELEMENTS MUST BE PROVEN IN ILLEGAL POSSESSION OF PROHIBITED DRUGS: THE ACCUSED WAS IN POSSESSION OF DANGEROUS DRUGS; SUCH POSSESSION WAS NOT AUTHORIZED BY LAW; AND THE ACCUSED WAS FREELY AND CONSCIOUSLY AWARE OF BEING IN POSSESSION OF DANGEROUS DRUGS. - People vs. Sagana G.R. No. 208471 , Aug 2, 2017 The finding of illicit drugs and paraphernalia in a house or building owned or occupied by a particular person raises the presumption of knowledge and possession thereof which, standing alone, is sufficient to convict. Maribel failed to present any convincing evidence to rebut the presumption of knowledge and possession of the regulated substances and paraphernalia found in her residence. As tenant of the house, she had full access to, full control of and dominion over the rooms.  [Illegal possession of regulated drugs] is mala prohibita, and, as such, criminal intent is not an essential element. However, the prosecution must prove that the accused had the intent to possess (animus posidendi) the drugs. Possession, under the law, includes not only actual possession, but also constructive possession. Actual possession exists when the drug is in the immediate physical possession or control of the accused. On the other hand, 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. Exclusive possession or control is not necessary. The accused cannot avoid conviction if his right to exercise control and dominion over the place where the contraband is located, is shared with another. -People vs. Lagman G.R. NO. 168695, DECEMBER 8, 2008 Penalty ACCORDING TO KIND AND AMOUNT MINIMUM OF 12 YEARS TO 20 YEARS OR UP TO LIFE IMPRISONMENT TO DEATH PLUS A FINE RANGING FROM 300,000 TO 10 MILLION PESOS -Section 11- Possession of Dangerous Drugs  10 grams or more of opium, morphine, heroine, cocaine, marijuana resin, or marijuana resin oil, MDMA (ecstasy) and LSD  500 grams or more of marijuana  50 grams or more of methamphetamine hydrochloride (shabu) Penalty: Life imprisonment Fine: PhP500K to PhP10M  10 grams or more but less than 50 grams of shabu Penalty: Life imprisonment Fine: PhP400K to PhP500K  5 grams or more but less than 10 grams of illegal drugs or 300 grams or more but less than 500 grams of marijuana Penalty: Imprisonment of 20 years and 1 day to life Fine: PhP400K to PhP500K  less than 5 grams of illegal drugs or 300 grams of marijuana Penalty: Imprisonment of 12 years and 1 day to 20 years Fine: PhP300K to PhP400K  POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS. -SECTION 12- Possess or have under his/her control any EIAOP fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof ⮚ 6 months & 1 day to four years and a fine of 10t to 50t Fine: PhP10K to PhP50K Possession of Dangerous Drugs During Social gatherings or meetings - Section 13 - PEOPLE vs. JERIC PAVIA G.R. No. 202687, Jan. 14, 2015 THE ELEMENTS FOR THE ILLEGAL POSSESSION OF DANGEROUS DRUGS UNDER SECTION 13 OF R.A. NO. 9165 ARE THE SAME AS THOSE FOR THE VIOLATION OF SECTION 11 OF THE LAW: (1) POSSESSION BYTHE ACCUSED OF AN ITEM OR OBJECT IDENTIFIED TO BE A PROHIBITED OR DANGEROUS DRUG; (2) SUCH POSSESSION IS NOT AUTHORIZED BY LAW; (3) THE FREE AND CONSCIOUS POSSESSION OF THE DRUG BY THE ACCUSED, WITH THE ADDITIONAL ELEMENT THAT (4) THE ACCUSED POSSESSED THE PROHIBITED OR DANGEROUS DRUG DURING A SOCIAL GATHERING OR MEETING, OR IN THE COMPANY OF AT LEAST TWO PERSONS. Penalty Section 13 – Possession of Dangerous Drugs During Social gatherings or meetings. Possessing any DD during a party, or at a social gathering or meeting, or in the proximate company of at least 2 persons regardless of the quantity and purity of the DD and regardless of whether the person was dispensing, pushing, or SELLING THE DANGEROUS DRUG TO OTHER PERSONS. ⮚ MAXIMUM PENALTY PROVIDED IN SECTION 11  Possession of EIAOP for DD During Parties, Social Gatherings - Section 14 - Penalty Section 14 – Possession of EIAOP for DD During Parties, Social Gatherings Possess or have under his/her control any EIAOP fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any DD into the body during parties, social gatherings or meetings, or in the proximate company of at least 2 PERSONS ⮚ Maximum penalty provided in Section 12 USE - Section 15 - Penalty SECTION 15 – USE OF DANGEROUS DRUGS PERSON APPREHENDED OR ARRESTED, WHO IS FOUND TO BE POSITIVE FOR USE OF ANY DD, AFTER A CONFIRMATORY TEST (FIRST OFFENSE). THIS SECTION SHALL NOT BE applicable where the person tested is also found to have in his/her possession such quantity of any DD provided for under Section 11 of this Act, in which case the provisions stated therein will apply ⮚ 6 months rehabilitation in a government center Second Offense ⮚ 6 years and 1 day to 12 years and a fine ranging from 50t to 200t Drug test for violators of RA 9165 DELA CRUZ vs. PEOPLE G.R. No. 200748, July 23, 2014 The drug test in Section 15 does not cover persons apprehended or arrested for any unlawful act, but only for unlawful acts listed under Article II of R.A. 9165.  THE DRUG TEST WOULD VIOLATE THE ACCUSED RIGHT TO PRIVACY AND RIGHT AGAINST SELF-INCRIMINATION IN THOSE ARRESTED FOR ANY UNLAWFUL ACT OTHER THAN VIOLATION OF R.A. 9165. Cultivation or Culture - Section 16 - CULTIVATE OR CULTURE ANY ACT OF KNOWINGLY PLANTING, GROWING, RAISING, OR PERMITTING THE PLANTING, GROWING OR RAISING OF ANY PLANT WHICH IS THE SOURCE OF A DANGEROUS DRUG. Penalty SECTION 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE SOURCES THEREOF. Any person who shall plant, cultivate or culture marijuana, opium or any other plant regardless of quantity, which is or may hereafter be classified as a DD or as a source from which any DD may be manufactured or derived in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium, poppy and other plants, or materials of DD for medical experiments and research purposes, or for the creation of new types of medicine, the board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and MATERIALS ⮚ Life imprisonment to death plus fine of 500t to 10M FINANCIER Protector/Coddler ⮚ Maximum penalty ⮚ 12 YEARS & 1 DAY TO 20 YEARS IMPRISONMENT PLUS FINE OF 100T TO 500T PLANTING OF EVIDENCE - Section 29 - PLANTING OF EVIDENCE 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.  Penalty SECTION 29. CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE ANY PERSON WHO IS FOUND GUILTY OF "PLANTING" ANY DD AND/OR CPEC, REGARDLESS OF QUANTITY AND PURITY, SHALL SUFFER THE PENALTY OF DEATH. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities - SECTION 30 - In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. Additional Penalty if Offender is an Alien - SECTION 31 - – In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. - SECTION 91 - -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.  PENALTY Imprisonment - twelve (12) years and one (1) day to twenty (20) years Fine - Five hundred thousand pesos (P500,000.00) Plus - administrative liability -The immediate superior of the member of the lawenforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized 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. PENALTY Imprisonment - two (2) months and one (1) day but not more than six (6) years Fine - Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) Plus - perpetual absolute disqualification from public office Delay and Bungling in the Prosecution of Drug Cases - SECTION 92 - - 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. Imprisonment - twelve (12) years and one (1) day to twenty (20) years Plus - without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code Plus+ - administrative liability DRUG ABUSE AWARENESS AND PREVENTION ADDICTION- continous relapse on the brain SOBER- sa mga taong di nagddroga THERAPY- balance rehab and family (family shouls also undergo family therapy) REFUSE, SUPPLY, EMPOWER, REDUCTION