Midterm Reviewer - Vice and Drug - CCJ

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 22

VICE AND DRUGS EDUCATION AND CONTROL

VICE
– is any immoral conduct or habit
– present varied social problems affecting morality, health, economy,
criminality and efficiency of the government.
–cater to the emotional lives of men.
–connected with other forms of criminal activities.

IMPORTANCE OF STUDY OF VICES

a. The study of vices important because these crimes are ever present
and persistent in all forms of society.

b. It is important because vices affect the daily lives of more people than
any other crime whether they are victim or offender.

o. It is important because its evil effects are more disastrous morally and
physically than any other crimes.

d. It is important because organized and comemrcialized vices disrupt


the social make-up of the community.

e. It is important because the existence of vices in the community causes


serious problem in law-enforcement.

f. It is important because the younger members of the society are greatly


affected by vice problems and its control prevents the growth of
prospective criminals.
THE EXISTENCE OF VICE IN SOCIETY

–The existence of vices in the society has been since time immemorial.

DIFFERENT FORMS OF VICES

1. ALCOHOLISM
–breaks down the moral fiber of the society.
–is the state or condition of a person produced by drinking intoxicating
liquors (excessively and with habitual frequency. (State vs. Savage 89
Alu. 17 L.B.A 426, 7 South, Rep. 183).
–it is a condition wherein a person is under the influence or intoxicated
with alcohol.

DEFINITION OF TERMS:

A. ALCOHOLIC LIQUOR
–any beverages or compound, whether distilled, fermented, or otherwise,
which will produce intoxicated or which contains in excess of one
percentum of alcohol and is used as a beverage. (State vs. Oliver, 133
S.C. 125, 130 S.S. Rep. 213).

B. DRUNKARD
–a person who habitually takes or uses any intoxicating alcoholic liquor
and while under the influence of such, or in consequence of the effect
thereof, is either dangerous to himself or to others, or is a cause of harm
or serious annoyance to his family or his affair, or of ordinary proper
conduct.

C. CHRONIC ALCOHOLICS
–Person who, from the prolonged and excessive use of alcoholic
beverages, fully develops physical and psycho changes and dependence
to alcohol.

DRUNKENNESS AS A CRIME

Most nations in the world have laws making drunkenness a criminal


offense. In the Philippines, drunkeness in itself is not a crime because a
person may drink to excess in the privacy of his home or in the gaiety of
a party and commit no crime at all. It is only when the drunken person
exhibits his condition publicly, or disturbs endangers, or injures others
that he becomes an offender and therefore, subject to arrest and
punishment.

REGULATIONS ON LIQUOR

As to Time

1. Section 679-4, Revised Ordinances of the City of Manila provides that


the selling, giving away or otherwise, disposal of any beverages or
intoxicating liquors shall be prohibited during the hours of 2:00 to 5:00
o'clock in the morning everyday including Sundays and Holidays by
bars, saloon, restaurants, and other drinking places, except when the
selling giving away or otherwise disposal is done on private dwelling.

2. Section 52, Republic Act No. 180 (Revised Election Code, as


amended) Par. (a) provides "It it is u awful to sell, furnished, offer or
take intoxicating liquors on any registration days and on the two days
immediately preceding the day of the voting and during the voting and
canvas.

As to Place
1. Section 1, Ordinance 4153 of the City of Manila provides that "the
serving of beer; liquor or alcoholic beverages of any kind to public by
sari-sari-stores or similar establishments is prohibited."

Section 2, (S Ordinance) provides that "the drinkin beverages of any


kind in sari-sari stores or similar establishments not licensed as
restaurant, beer, liquor, or alcoholic panciteria, carinderia, hotel or bar,
as well as in the street, by the sidewalk, in an alley. whether public or
private, and in any park, or plazas is hereby prohibited."

3. Section 679, par. (g), Revised Ordinances (City of Manila) provides


that "no license shall be granted for the sale of intoxicating liquors in
public markets, kiosks, booths, or stand situated in the public streets, or
plazas, or to street vendors or peddlers, or in any case, to an
establishment located within the radius of 200 meters from any
institution of learning,"

NOTE: The ordinance applies only to those establishment to be open in


the future but not to those already existing before.

As to Person

1. Section 821, Revised Ordinances, as amended by Ordinance No. 5052


(City of Manila) provides that "no person shall bed runk or intoxicated,
or behave in a drunken, boisterous, rude, or indecent manner in any
public place, or place, or place open to public view, or be drunk or
intoxicated. Or behave in a drunken, boisterous, rude or indecent manner
in any place or premises to the annoyance of another person."

2. Par 4. Article 155, Revised Penal Code provides that it shall be


unlawful for any person who, while intoxicated cause any disturbance or
scandal in public places.
3. Par. (a). Section 838, Revised Ordinances (City of Manila) provides
that "the sale, giving away, or otherwise disposing of any intoxicating
liquors to any minor under eighteen (18) year of age, or any person in an
intoxicated condition is prohibited except when the minor buys the
liquor for some other person and not for their own use."

4. Par. (c), provides that "it shall be unlawful for any person under
twenty-one (21) years of age to drink alcoholic beverages and
intoxicating liquors in any saloon, bar, inn, restaurant, café, or drinking
places or any public places.

2. DRUG ADDICTION
–affects the health and morality of the youth.

DRUGS
–any substance other than food that can affect your mind and body
works.

DRUG ABUSE
–deliberately taking a substance for other than its intended purpose, and
in a manner that can result in damage to the affect the way your mind
and body work persons health or his ability to function the use of a drug
for purposes other than treating sickness, often leading to great harm
taking of any drug without medical supervision the use of illegal drug.

PSYCHOACTIVE DRUGS
–Mind Altering Drugs or Mood Altering Substance

DRUG DEPENDENCE
–state, psychic or also sometimes physical, resulting from the interaction
between a living organism and a drug.
PHYSICAL DEPENDENCE
–body begins to need it as much as its need food.

WITHDRAWAL SYMPTOMS
–the ill effect that a drug taker/abuser feels when he stops using the
drugs to which he/she become accustomed

ADDICTIVE DRUGS
–drug that produce physical dependence

DRUG TOLERANCE
–the user needs to take more or increases the intake to keep getting the
same effect

POLYDRUG ABUSER
–take 2 or more drugs

4 BASIC PHASE OF DRUG DEPENDENCE


1. EXPERIMENTATION PHASE
2. OCASSIONAL OR SOCIAL USE PHASE
3. REGULAR USE PHASE
4. DRUG DEPENDENCE PHASE

GATEWAY DRUGS
•CIGARETTE
•ALCOHOL
•MARIJUANA

CLASSIFICATION OF SIGNS AND SYMPTOMS OF DRUG


ABUSE
1. SUBTLE SYMPTOMS (DIFFICULT TO DISTINGUISH)
2 NOT SO-SUBTLE SYMPTOMS 3. SURE FIRE INDICATOR
CONTRIBUTING FACTORS TO DRUG ABUSE
•Peer Pressure
•Curiosity
•Ignorance
•Alienation
•Changing Social Structure
Family
•School
•Community
•Biological Factors
•Psychological Factors

CLASSIFICATION OF DRUGS

NATURAL
–comes from nature.

SYNTHETIC
–produce artificially or processed in the laboratory.

PHARMACOLOGICAL CLASSIFICATION OF DRUGS

STIMULANTS
–uppers, drugs that excite the central

DEPRESSANTS
–downers or barbs, drug or chemical that decreases the activity of any
bodily function.

HALLUCINOGENS
–psychedelics, appente suppressants, psychoactive drugs that produce
marked distortions of the senses and changes in perception. Ex
Marijuana, ecstasy, ketamine
SHABU
–is a white odourless crystal or crystalline powder with a bitter numbing
taste.

INHALANTS
–volatile chemical substances that contain psychoactive (mind/mood
altering vapors to produce a state of intouication.
Ex glue, rugby, thinner

ECSTASY (MDMA)
–is a chemical analog of Methamphetamine – produces a stimulant
effect like a shabu + mild hallucinogenic effect.

KETAMINE know as Methylamino Cyclohexane


–fine and white crystalline powder, it can be powder or tablets or
capsule forms.

TOBACCO
–curved leaves of the tobacco plant "nicotiana tobacu" which contains a
very potent Ingredients called nicotine.

REPUBLIC ACT NO. 9711


–Tobacco Regulation Act of 2003

PRESCRIPTIVE DRUGS
–These are drugs requiring written author/action from a doctor to show
allow a purchase.

SELF MEDICATION SYNDROME


–is found in users and would be users of drugs whose sources of
information are people or literature other than doctors, pharmacists and
health workers.
MINIMAL DOSE
–amount needed to treat or heal, that is, the smallest amount of a drug
that will produce a therapeutic effect.

MAXIMAL DOSE
–largest amount of a drug that will produce a desired therapeutic effect,
without any accompanying symptoms of toxicity.

TOXIC DOSE
–amount of d rug that produces untoward effects or symptoms of
poisoning.

ABUSIVE DOSE
–mount needed to produce the side effects and action desired by an
individual who improperly uses it.

LETHAL DOSE
–amount of drug that will cause death.

ORAL
–this is the safest most convenient and economical route whenever
possible.

INJECTION
–this form of drug administration offers a faster response than the oral
method.

INHALATION
–this route makes use of gaseous and volatile drugs, which are inhaled
and absorbed rapidly through the mucous of the respiratory tract.

TOPICAL
–this refers to the application of drugs directly to a body site such as the
skin and the mucous membrane.

IONTOPHORESIS
–the introduction of drugs into the deeper layers of the skin by the use of
special type of electric current for local effect.

TOXICOLOGY
–is the study of how natural or man-made poisons cause undesirable
effects in living
organisms.

3. PROSTITUTION
–hampers the efficiency of the government.
–it is an act or practice of a woman who engages or habitually indulges
in sexual intercourse for money or profit.
–"oldest profession in the world"

DEFINITION OF TERMS:

A. PROSTITUTE
–a woman who engage in discriminate sexual intercourse or acts with
males for hire

B. FLAP
–one who owns or manages houses of ill-refute where the business of
prostitution if conducted. Sometimes they are called "madame or mama
san"

C. WHITE SLAVERY
–The procurement and transportation of women across stateline for
immoral purposes

D. ORGANIZED CRIME
–includes gambling, prostitution, dope (narcotics), and other illegal or
dubious bibinesses,

E. WHORES/KNOCKER
–it is name often used for all types of prostitute

TWO BASIC REASONS WHY PROSTITUTION MUST BE


SUPPRESSED

A. CONTROL OF VENEREAL DISEASE (VD)

Statistics gathered by health organization throughout the world proved


beyond any doubt that venereal disease increased with an increase in the
amount of prostitution.

B. PREVENT ORGANIZED CRIME

The existence of most of this organized crime, the individual citizen and
no one else is to blame. A certain segment of people must be involved in
partaking of the services offered by organized crime

CAUSES OF PROSTITUTION

•Poor social background and personality handicaps are some of the basis
for drift into prostitution.
•Previous sexual experience, mostly unfortunate and in or out of
wedlock.
•Contact with persons in or on the fringe of the business of prostitution.
•A Love for money and luxury on the part of the prostitute.
•Lack of restraining check from neighbors, social environments and
laxity of social control much as the agency for religious training and
reforms.
•The influence of contraceptives and preventive treatment for venereal
diseases.
•Efforts to support another vices such as drug addiction or alcoholism.
•For the unwilling prostitutes, they are victims of white slaves traffic
such as kidnapping innocent girls, keeping them under physical restraint,
forcible abduction of women and victims of crimes against chastity.
•The indifference of law enforcement authorities in safeguarding the
virtues of women and lack of courage of the victim of white slaves trade
to pursue the prosecution of cases they filed against the perpetrators.
•Social causes of prostitution such as:
(a) broken families; (b) anonymity of city life; (c) poverty and others.

CONTROL AND PREVENTION OF PROSTITUTES

A. THE SCHOOL OF REGULATORY CONTROL

–This method maintains the idea that we cannot do away with


prostitution unless we consider the problems and remove the causes of
prostitution.
–The scheme originated from the French System of controlling the
prostitution under the direction of Napoleon Bonaparte in 1808 while he
was trying to protect his soldiers from the vile of prostitute exists as well
as the supply; the practice cannot be totally eliminated.

–Arrests, detention, and punishment of prostitutes would only drive


them to clandestine activities in places where they cannot be effectively
controlled and inspected.

–In view thereof, the following regulatory policy have been adopted to
provide the necessary protection for the society:

•Segregation of brothels and soliciting to restricted district.

•Public licensing of houses of prostitution.

•Registration of prostitutes to protect them from the exploitation of


white slave trade.

•Periodic medical examination of prostitutes and public health


education.

•Legalization of the practice of prostitution under government


supervision and control to make it more realistic.

•That arrest of prostitutes be handled by non-police agencies but should


be take care by social workers and medical men

•Finally, the rehabilitation of prostitutes by providing them jobs and


facilities to earn a
decent living.
B. THE SCHOOL OF TOTAL REPRESSION

–this method believes that prostitution is both a crime and a vice and
therefore, should be repressed and totally prohibited.

–It maintains that chastity and continence should be rules of conduct for
everybody and to allow prostitution would be to abet, immorality and
white slave trade.

–This school of thought argues that it invites men to enjoy promiscuity


free and easy without fear of the law. While it accepts the fact that men
may still indulge in prostitution despite repression measures, but men
would be more cautious, apprehensive and afraid of reproach or arrest
from the police and decent members of the society.

American Plan on the control of Prostitution which suggests the


following method of suppressing prostitution:

•Strict enforcement of all legislation against prostitution and all other


vices or activities connected with it.

•Education of the public regarding sex, prostitution and venereal


diseases.

•Adoption of medical measures and establishments of medical facilities


for the diagnoses and treatment of venereal diseases.

•Adoption of codes of self-regulation and organization of community


cooperation.

•Making it unlawful for both men and women to engage in prostitution.


•Increase of penalties now applicable and existing to prostitution and the
persons who maybe punishable in relation to the practice of prostitution.

4. GAMBLING
–hampers the efficiency of the government.
–it is a game or scheme the result of which depends wholly or chiefly
upon chance or hazard.

DEFINITION OF TERMS:

A. CHANCE OF HAZARD
–is the uncertainty of the result of the game or when the outcome of the
gama is incapable of calculation by human reason, foresight, sagacity or
design.

B. LOTTERY
–it is in scheme for the distribution of prizes by chance among persons
who have paid or agreed to pay a valuable consideration for the chance
to obtain a prize.

C. PAGCOR (Philippine Amusements and Gaming Corporation)


–Office that controls/regulate gambling games like the casino.

THE VICE OF GAMBLING

•An evil that undermine the social, moral and economic growth of the
nation.

•It is beyond the pale of good morals which has the effect of causing
poverty, dishonesty,
fraud and deceit.
•It causes man to neglect his social obligations and the welfare of his
business as a source of income.

•Women and mothers who wasted her time at the gambling board may
neglect her duties to the children and cause serious problem and
proliferation of juvenile delinquency

CONTROL AND PREVENTIVE MEASURES

•The government thru its law enforcement agencies must conduct a


consistent and continued raids, arrest and closure of suspected gambling
dens.

•The courts and the law makers must enact and apply the law with more
teeth as a deterrent factor.

•The economic structure of our country must cater to the large majority
of our population to provide mass employment and prosperity of the
people in terms of income.

•The building of more recreational and athletic facilities to divert


attention of the people from gambling activities.

•Active participation of NGO's (non-government organization) in the


campaign against vices especially gambling.

CLASSIFICATION OF ILLEGAL GAMBLING

CARD GAMES

•Poker
•Lucky Nine
•Monte Sakla
•Baccarat
•Cuajo
•Pangguingue
•Other card games

DICE/TILES GAMES

•Mahjong
•Domino
•Paik que
•High and low
•Other games using plastic tiles

MECHANICAL CONTRAPTIONS OR MACHINES GAMES

•Pinballs
•Slot Machines
•Video Karera
•Others

OTHER GAME SCHEMES

•Cock Fighting.
•Jai Alai
•Other forms of individual or teams contests whether upon chance or
skill where money, articles of value or representative of value are at
stake or made to include game fixing, point shaving and other
machinations.

PERSONS INVOLVED IN AN ILLEGAL GAMBLING


BETTOR
–any person who places bets for himself or herself or in behalf of
another person, or any person, other than the personnel or staff of the
illegal gambling operation.

Duration of Imprisonment according to RA 9287: 30 to 90 days

PERSONNEL OR STAFF
–any person who acts, in the interest of the maintainer, manager or
operator, such as, but not limited to, an accountant, cashier, checker,
guard, runner, table manager; watcher, or any other personnel
performing such similar functions.

Duration of Imprisonment according to RA 9287: 6yrs and 1 day to 8yrs

COLLECTOR OR AGENT
–any person who collects, solicits or produces bets in behalf of his/her
principal for any illegal gambling game who is usually in possession of
gambling paraphernalia.

Duration of Imprisonment according to RA 9287: 8yrs and 1 day to


10yrs

COORDINATOR/SUPERVISOR
–any person who exercises control and supervision over the collector or
gent
Duration of Imprisonment according to RA 9287: 10yrs and 1 day to
12yrs

MAINTAINER, MANAGER OR OPERATOR


–any person who maintains, manages or operates illegd gambling in a
specific area from whom the coordinator, controller or supervisor and
collector or agent tukes urders.

Duration of Imprisonment according to RA 9287: 12yrs and 1 day to


14yrs

FINANCIER/CAPITALIST
–any person who finances the operations of any illegal gambling
activities.

Duration of Imprisonment according to RA 9287: 14yrs and 1 day to


16yrs

PROTECTOR OR CODDLER
–any person who lends or provides protection or receives in any manner
in the operation of illegal gambling.

Duration of Imprisonment according to RA 9287: 16yrs and 1 day to


20yrs

OWNER OF THE PLACE WHERE THE ILLEGAL GAMBLING


TOOK PLACE
–any person who owried or controlled the place, building, vessel or ny
means of transportation wire the illegal gambling activities took place.
Duration of Imprisonment according to RA 9287: 6yrs and 1 day to 8yrs

LAWS PERTINENT TO GAMBLING:

Art 195-199, RPC Forms of Gambling and Betting

PD 1602- Anti Gambling Law which prescribes stiffer penalties for


illegal gambling.

PD 510-Law on Slot machines

PD 449- Illegal Cock Fighting

PD 483- Game fixing in Sport Contests PD 1306-Jai-Alai bookies

PD 1869 - Prohibition of government officials to enter and gamble in


casinos.

Sec 823-Gambling Dens (Maintainer /Operator) Sec 824 - Gambling


Devices, Possession of Pin balls

Sec 827-Gambling (Players) Sec 828 Mahjong, Regulated Games

Sec 830-Betting in Athletic Contests Sec 831-Illegal cock fighting


(tupada)

RA 3036 Horse racing Bookie

LOI No 816 Exclusion of certain prohibited games under PD 1602


REASONS WHY THE POLICE MUST BE INTERESTED IN
VICE PROBLEMS

a. It is a fact that vices can not be totally eliminated but only at most
controlled or regulated.

b. Vices are connected with other forms of criminal activities. Criminals


are important customers of vice dens.

c. Vice dens are often times the scene of frequent fights that disturbs the
peace of the community.

POLICE PROBLEMS IN VICE CONTROL

1. CLANDESTINE NATURE OF THE COMMISSION OF THE


ACTS
–Vice acts are always committed secretly and behind closed doors.

2. LACK OF COOPERATION FROM PLAYERS, CUSTOMERS,


AND VICTIMS OF VICES
–The lack of cooperation among persons who could help the police in
prosecuting vice operators is a severe handicap in enforcing vice laws.

3. ENJOYMENT OF GOODWILL BY VICE OPERATORS


–These goodwill were earned as a result of the past favore extended by
the vice operators to the politicians during the election campaign or help
to put up a business for the influential businessmen. This is an
expression of Filipino "utang-na-loob" sentiments.
4. PUBLIC APATHY AND INDIFFERENCE
–Police control of vice is made difficult by the difference of opinion of
the public as to the nature of regulations to be imposed.

5. UNWILLING GOVERNMENT OFFICIALS TO WORKED


AGAINST VICE EXISTENCE
–Corruption makes government officials unwilling to work against the
existence of vices. Operators of vice dens sometimes control the local
politicians of a city or town.

ORGANIZED AND COMMERCIALIZED VICES


Commercialized vices are organized vice operations partaking the return
of a legitimate business enterprise. Sometimes they branches out to legal
undertaking or businesses as a front or cover-up to their illegal activities.

PREPARED BY:

LANCE KEVIN EBUEN


BSCRIM 2F

You might also like