Philippine Journal of Internal Medicine
Prescribing Dangerous Drugs and the Law (Part 4)
Atty. Rodel V. Capule, M.D.*
Physicians must be aware that morphine, an easily
available drug in medical practice, is specifically
addressed by the law. The law states that “[t]he penalty
of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law [PDEA-licensed physician],
shall possess “Ten grams or more of morphine.”40 But if
the quantity of morphine is at least five grams or more
but less than ten grams an imprisonment of 20 years and
one day to life imprisonment and a fine ranging from four
hundred thousand pesos (P400,000.00) to five hundred
thousand pesos (P500,000.00) shall be imposed. 41 Further,
if the quantity of morphine is less than five grams an
imprisonment of 20 years and one day to life imprisonment
and a fine ranging from four hundred thousand pesos
(P400,000.00) to five hundred thousand pesos (P500,000.00)
shall be imposed. 42
It is also interesting to note that the law also
penalizes possession or [have under his/her control] “any
equipment, instrument, apparatus and other paraphernalia
fit or intended for administering, injecting, ingesting, or
introducing any dangerous drug into the body.” 43 The
penalty of imprisonment ranging from six months and one
day to four years and a fine ranging from ten thousand
pesos (P10,000.00) to fifty thousand pesos (P50,000.00)
shall be imposed. 44 The possession of such equipment,
instrument, apparatus and other paraphernalia fit or
intended [for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body,
during parties, social gatherings or meetings, or in the
proximate company of at least two persons] shall be prima
facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used
a dangerous drug and shall be presumed to have violated
the law.45
However, “PDEA-registered practitioners and dangerous
drug operators are authorized to possess and use
syringe and/or other instruments or equipment for the
administration or use of dangerous drugs and/or drugs
containing controlled chemicals for medical, dental,
veterinary, research or laboratory purposes.” 46 In other
words, if a physician is not a S2-licensed practitioner,
possession of a parenteral dangerous drug and a syringe
might expose him/her to criminal liabilities.
A PDEA-licensed physician must not engaged in
diversion of dangerous drugs. “Diversion of dangerous
drugs” means the unlawful obtaining and channeling of
*Dr. R.V. Capule is an attorney specializing in medical malpractice,
physical injuries and food torts. He is a law professor of Legal Medicine at
Arellano University School of Law and a consultant in Legal Medicine at
Manila Adventist Medical Center and Makati Medical Center.
The PHILIPPINE JOURNAL OF INTERNAL MEDICINE is a peer reviewed journal and a copyrighted publication of the Philippine College of Physicians
Legal Prescription
pharmaceutical dangerous drugs like over-prescription
by medical practitioners or collection of drug leftovers
and unused prepared parenteral dose in hospitals. 47
Although a PDEA-licensed practitioner is authorized by
law to prescribe dangerous drugs, such authority does not
include “[obtaining] controlled substances for the purpose
of general dispensing/selling to his/her patient or for his
own use.”48
The provisions of the Comprehensive Dangerous
Drugs Act of 2002, as amended and the Dangerous Drug
Regulation No. 1 Series of 2014 must be well understood
by every medical practitioners. In this regard, physicians,
PDEA-licensed or not, should be very conscientious when
dealing with dangerous drugs or controlled substances
in every day medical practice. It is best to remember
that generally, a PDEA-licensed physician may prescribe
dangerous drugs but they are not allowed to sell them.
References
40. Sec. 11. “Possession of Dangerous Drugs”; Article II “Unlawful
Acts and Penalties””; Comprehensive Dangerous Drugs Act of
2002 (R.A. 9165, as amended)
41. Id.
42. Id.
43. Sec. 12. “Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs”; Article II “Unlawful
Acts and Penalties”; Comprehensive Dangerous Drugs Act of
2002 (R.A. 9165, as amended)
44. Id.
45. Sec. 15. “Use of Dangerous Drugs”; Comprehensive Dangerous
Drugs Act of 2002 (R.A. 9165, as amended)
46. Section 6. “Requirements of Licenses and/or Permits for
Operators or Handlers of Controlled Substance and Payment of
Corresponding Fees”; Article III “Registration, Licensing and
Permit System”; [Dangerous Drug] Board Regulation No. 1 Series
of 2014
47. Section 1. “Definitions” (q): “Diversion of dangerous drugs”
means the unlawful obtaining and channeling of pharmaceutical
dangerous drugs for illegal purposes among others, e.g. in drug
dens, dives or resorts and other places by methods such as forged or
altered prescriptions, feigning sickness and obtaining prescription
from medical practitioners, theft and robbery, fraudulent import
permit, over-prescription by medical practitioners, doctors
shopping, collection of drug leftovers and unused prepared
parenteral dose in hospitals, obtaining drugs via e-mail and post,
and use of invalidated local order form instead of prescription
form”; [Dangerous Drug] Board Regulation No. 1 Series of 2014
48. “A prescription shall not be issued in order for an individual PDEA-
licensed practitioner to obtain controlled substances for the purpose
of general dispensing/selling to his/her patient or for his own use.”
Section31. “Prescriptions”, par. 6(g); Article III “Registration,
Licensing and Permit System”;[Dangerous Drug] Board Regulation
No. 1 Series of 2014
Volume 55 Number 1, Jan-March 2017 IV