"WHEREAS,
the Philippine
Government is a party to the 1961 U.N. Single Convention on Narcotic
Drugs,
the 1971 U.N. Convention on Psychotropic Substances, as amended by the
1972 protocol, and lately, the 1988 UN Convention Against Illicit
Trafficking
in Narcotic Drugs and Psychotropic Substances upon its ratification by
the Senate on February 26, 1996;
"WHEREAS,
Article
39 of the 1961 U.N. Single Convention on Narcotic Drugs, Article 23 of
the 1971 U.N. Convention on Psychotropic Substances, as amended, and
Article
24 of the 1988 U.N. Convention, uniformly and consistently provided in
substance that a state party may adopt more strict or severe measures
than
those provided by the Conventions when, in its opinion, such measures
are
desirable or necessary for the protection of public health and welfare;
"WHEREAS,
on March
17, 1988, the Dangerous Drugs Board issued Board Regulation No. 2, S.
1988
controlling all raw materials of Ephedrine, Psedoephedrine or any of
their
salts as well as preparations, containing any of the said drugs as
"Regulated
Drugs" under the general heading of Dangerous Drugs for the reasons
that
they are reportedly being used in the preparation of Methamphetamine
Hydrochloride,
known in the streets by the name "shabu". Said Board Regulation
was published on March 23 and 30, 1988 in the Philippine Daily Inquirer;
"WHEREAS,
on May
30, 1996 the Dangerous Drugs Board promulgated Board Regulation No. 3,
S. 1996 providing for Control Mechanisms for Precursors and Essential
Chemicals
including their salts and preparations, to implement the 1988 U. N.
Convention
published on July 13 & 20, 1997 in the Today’s Newspaper;
"WHEREAS,
in the
classification and reclassification of dangerous drugs and dangerous
drug
preparations, precursor chemicals including their salts as well as
preparations
containing any of the said drugs, the Dangerous Drugs Board considers
as
bases Board Regulation No. 16; S. of 1973, as amended by Board
Regulation
No. 2, S. 1992 as well as available medical, scientific and technical
journals
and materials; and
"WHEREAS,
according
to researches conducted by the Board, the therapeutic dose for
Ephedrine
and its preparations ranges from 25 to 50 milligrams, and for
pseudoephedrine
and its preparations, it is 15 to 120 milligrams.
"NOW,
THEREFORE,
after consultations with concerned and appropriate authorities, be it
RESOLVED
as it is hereby RESOLVED that:chanroblesvirtuallawlibrary
"[1] this
Resolution
confirms and affirms the provisions of both Board Regulation No. 2,
Series
of 1988 and Board Regulation No. 3, Series of 1996;
"[2] any
weight
which exceeds the doses for Ephedrine/Pseudoephedrine and their
preparations
mentioned above is beyond therapeutic requirements; and
"[3] precursor
chemicals
brought into the country without proper documentation as prescribed in
Board Regulation No. 3. Series of 1996, are considered illegal
shipments."
