Unmasking the Epidemic: A Legal Analysis of the Prevalence of

Illicit drug trafficking in Butuan City

Chapter 1

The Problem and its scope

1.1 Background of the Study

The Philippines has long been embroiled in a complex battle against drug trafficking, a

problem that has far-reaching implications on its society, economy, and governance (Tookitaki,

2024)

Like many other places in the country, Butuan City, Philippines, is no exception from a

pervasive and ongoing drug epidemic. In addition to endangering the general public's health, this

problem fuels social unrest and increases crime rates. This study attempts to explore the

prevalence of this issue in Butuan City by offering a thorough legal examination of the problems

related to the ubiquity of illegal drugs.

This study delves into the prevalence of the illegal trade in the city taking and its

relationship with the existing legal frameworks, legal loopholes, socioeconomic factors,

community factors, and law enforcement efforts.

Through a thorough analysis of the matter, this research aims to raise public awareness

about the extent of the illegal drug problem in the city, help lawmakers close legal loopholes in

the current legislation pertaining to the subject, and offer law enforcement agencies insights for

improving their current tactics to combat the problem.

1.2 Review of Related Literature

Methamphetamine, locally known as "shabu," along with marijuana, are the most

commonly trafficked and abused drugs in the country. Recent drug trafficking in the Philippines

statistics indicate a persistent problem, despite rigorous efforts by the government to curb the

menace (Tookitaki, 2024).

The Philippine legal system imposes severe penalties for drug trafficking offenses,

reflecting the government's stern stance against this illicit activity. Under the Comprehensive

Dangerous Drugs Act of 2002 (Republic Act No. 9165), the punishment for drug trafficking can

range from life imprisonment to the death penalty, depending on the quantity and type of drugs

involved. Additionally, the law mandates hefty fines, illustrating the attempt to cripple the

financial incentive behind drug trafficking operations. Despite these harsh penalties, drug

trafficking cases in the Philippines persist, a testament to the lucrative nature of the drug trade

and the syndicates' sophisticated evasion tactics. The legal framework also emphasizes

rehabilitation for users, aiming to address the demand side of the drug market, though

implementation and resource allocation have been points of contention (Tookitaki, 2024).

The Philippines is a country that has experienced a significant increase in drug trafficking

and organised crime. This growth has been linked to the rise of criminal gangs, or “syndicates”,

and increased government and law enforcement corruption. Illegal drug use remains a significant

problem in the Philippines, with over 41.5 thousand cases reported nationwide for 2021. The

National Capital Region’s (NCR) police office accounted for almost one-third of those incidents,

clocking an alarming 12.4 thousand case count alone (Maritime Fairtrade, 2023)

Illicit drug use contributes to the global burden of disease,

with cannabis being the most widely used illicit drug,

contributing to dependence and mental disorders, but little to

mortality (Degenhardt & Hall, 2012).

According to the study by the National Center for Drug Abuse

Statistics (2020), 1.16 million Americans are arrested annually

for drug related offenses from 2010 – 2020. The same study also

found out during the said period, 80% of inmates across the

United States abuse alcohol or drugs, approximately 244 000

Americans are sent to prison for drug related offenses, and 26%

of all arrests made across the country are drug related.

"Tokhang" responders in Don Carlos, Philippines, have

moderate to high levels of drug use, with tobacco, alcohol, and

amphetamine-type stimulants being the most prevalent substances

(Amista & Peters, 2020).

According to the Philippine Drug Enforcement Agency Annual

Report (2021), 3,151 barangays declared as drug-cleared and 1,160

barangays confirmed as drug-free; 55,169 Persons Who Use Drugs

(PWUDs) and drug offenders from drug-cleared barangays in 2021

rehabilitated and reintegrated. 35,612 anti-illegal operations

conducted by PDEA and other law enforcement agencies; 50,565 drug

suspects arrested; 38,590 drug cases filed; 11,525 drug cases

resulted in the conviction of drug personalities; Tons of

dangerous drugs, including 2,302.71 kilograms of Shabu, seized;

678 high-impact operations conducted and 3,807 high-value targets

arrested; a clandestine Shabu laboratory dismantled; and multiple

major drug hauls accomplished.

In a study conducted by Bennet, et al. (2008), drug users

have three to four times higher odds of committing crime, with

crack users having the highest odds, and recreational drug users

having the lowest odds, across various offense types.

Methamphetamine Hydrochloride or “Shabu” remains the leading

drug of abuse, comprising ninety-two percent (92.06%) of the

total admission. This is followed by Cannabis (Marijuana) at

twenty-seven percent (27.04%) and followed distantly by MDMA or

Ecstasy as the third drug of choice at less than one percent

(0.65%). Mono-drug use is still the nature of drug-taking; the

administration routes are inhalation/sniffing and oral ingestion

(Dangerous Drug Board Statistical Analysis, 2022)

For 2022, a total of seventy (70) treatment and

rehabilitation facilities reporting to the Treatment and

Rehabilitation Admission Information System (TRAIS). Of this,

sixty-two (62) are residential and eight (8) are

outpatient. Three thousand, eight hundred sixty-five (3,865)

admissions were recorded from these reporting facilities. Of

these number, three thousand, three hundred forty-three (3,343)

are new admissions, seventy-nine (79) are readmitted or relapse

cases and four hundred forty-three (443) are Outpatient. Compared

with the previous year’s cases, around forty-three percent

(42.73%) increase in admission was noted despite some facilities

having reported no admissions. The rise in admission can be

attributed to the resumption of operation by the different

rehabilitation centers and the seeming willingness of the Persons

Who Use Drugs (PWUDs) to undergo treatment and rehabilitation as

evidenced by almost forty-one percent (40.78%) of voluntary

submission and twenty-nine percent (29.00%) cases who availed of

plea bargaining (Dangerous Drug Board Statistical Analysis,

2022).

A recent article, Gov’t Confiscates P10.41B Worth of Illegal Drugs

(2024), reported that the government has confiscated around PhP10.41 billion worth of illegal

drugs from January to December 2023 and cleared more than 27,000 barangays of narcotics. In

addition, 56 495 arrests were made after conducting more than 44 000 drug operations.

Butuan City is no stranger to the proliferation of illicit drug trade activities as it was

recently reported by Uson (2024) that the police had seized P414,800 worth of shabu from a drug

den operator and three accomplices together arrested in an anti-narcotics operation in Butuan

City. In a separate news article published by Lopez (2024), fifty-seven drug suspects were

arrested in a series of anti-drug operations carried out by various police field units last week, the

Police Regional Office in the Caraga Region (PRO-13), of the 57 suspects arrested, 19 were

categorized as high-value individuals while 38 were listed as street-level individuals, the said

series of operations also resulted in the confiscation of 233 grams of shabu valued at PHP1.5

million. More recently, Crismundo (2024), reported the confiscation of suspected shabu valued

at 6.8 million pesos and arrested two alleged drug pushers in a buy bust operation conducted by

PRO-13 on March 4, 2024.

 In a report by the Philippine Drug Enforcement Agency, they found a noticeable trend

that more female Filipino drug couriers are being exploited by drug trafficking syndicates: Of the

710 arrested, 265 or 37% are males while 445 or 63% are females. Women are usually targeted

by syndicates since they generally generate mild suspicion from authorities and the female body

has more cavities possible to insert the drugs in, therefore posing less detection risk (“The drug

courier”, n.d.)

These studies suggest that the prevalence of illicit drug use in the Philippines varies by

population, with an overall estimate higher than 2% (Devaney et al, 2007), a significantly higher

rate among transgender women and cisgender men who have sex with men (Restar et al, 2022),

and varying levels of use among university students (Siyan Yi et al, 2022), while street children

are more likely to use illegal drugs compared to non-street children (Levi Njord et al, 2010)

The absence of studies that fully examine the prevalence of illegal drug trade and its

interaction with the existing legal frameworks, legal loopholes, socioeconomic factors,

community factors, and law enforcement efforts in Butuan City is one of the major gaps in the

literature that exists today. Even though illegal drug use is common in the city, thorough studies

that explore these important facets are scarce. Furthermore, there are few studies that critically

assess how well the current legislative frameworks manage this issue. The creation of evidence-

based tactics and laws to successfully address the drug problem in Butuan City is hampered by

this knowledge vacuum. Therefore, in order for politicians, law enforcement organizations, and

community leaders to address this issue more successfully, there is an urgent need for research

that closes this knowledge gap and offers insightful information.

1.3 Theoretical Framework

The proponents of this paper seek to analyze the prevalence of illicit drug trafficking and

examine its relationship with the existing legal frameworks, legal loopholes, socioeconomic

factors, community factors, and law enforcement efforts pertaining to the problem. To

understand this, this paper employs the Social Disorganization Theory developed by Clifford

Shaw and Henry Mckay and the Routine Activities Theory by Marcus Felson and Lawrence

Cohen.

The theory of social disorganization states that a person’s physical and social

environments are primarily responsible for the behavioral choices that a person makes. At the

core of social disorganization theory, is that location matters when it comes to predicting illegal

activity. Shaw and McKay noted that neighborhoods with the highest crime rates have at least

three common problems, physical dilapidation, poverty, and higher level of ethnic and culture

mixing. Shaw and McKay claimed that delinquency was not caused at the individual level, but is

a normal response by normal individuals to abnormal conditions. Social disorganization theory is

widely used as an important predictor of youth violence and crime (Bond, 2015).

Routine activities theory is based on the idea that offenders make rational choices about

whether to commit a crime. The idea is that crime is the result of people’s everyday behavior, of

the way in which offenders and victims go about their daily lives. Crime is not something

extraordinary that requires a deep psychological analysis. Instead, the theory says that for crime

to occur, three elements must be present, namely (1) a motivated offender, (2) a suitable target,

and (3) the absence of capable guardians. When these three elements come together at the same

time in the same space, crime occurs (Criminology Web, n.d.)

 By using aforementioned theories, the study can analyze how these community and

socioeconomic factors interact with the legal frameworks, legal loopholes, and law enforcement

efforts to shape the prevalence of illegal drug activities in the city. The study can also examine

how routine activities, such as drug trafficking routes, drug markets, and the presence or absence

of law enforcement efforts, interact with the existing legal frameworks and socioeconomic

factors to shape the prevalence of illegal drug activities in the city. It can explore how changes in

routine activities and the presence of capable guardians impact the dynamics of drug-related

offenses

1.4 Conceptual Framework

In this section, the researchers discuss the independent variable of this study:

1. Dependent Variable:

Prevalence of the Illegal Drug Trafficking: This variable measures the extent of illegal drug

trade in Butuan City, assessed through the following indicators: number of arrests, type of drugs

involved, and the demographics of those affected.

2. Independent Variables:

a. Legal Frameworks: This variable refers to existing laws related to the Illegal drug activities

in Butuan City. It includes examining its comprehensiveness, enforcement, and effectiveness

b. Legal Loopholes: This variable focuses on identifying gaps or weaknesses in the legal

frameworks that may contribute to the prevalence of illicit drug problems. It involves pinpointing
specific loopholes in legislation, law enforcement practices, or judicial processes that allow for

the proliferation of drug activities.

c. Socioeconomic Factors: This variable considers socioeconomic indicators: poverty rates,

unemployment rates, income inequality, and educational attainment.

d. Community Factors: This variable encompasses community-level factors, including social

cohesion, community engagement, access to social services, and the presence of support

networks.

e. Law Enforcement Efforts: This variable examines the resources, strategies, and effectiveness

of law enforcement agencies in combating illicit drug activities.

3. Moderating Variables:

Age Distribution: The varying susceptibility to drug use and involvement in drug-related

activities across different age groups.

Gender: The different patterns of drug use and responses to interventions between males and

females.

Peer Influence: The impact of peer pressure, social norms, and the presence of drug-using

peers on an individual's likelihood of engaging in drug-related activities.

The research attempts to provide insights into the legal, socioeconomic, and

community factors contributing to the prevalence of illegal drug activities in Butuan City by

examining the interactions between these independent variables, the dependent variable, and the

moderating variables. The results can help develop evidence-based approaches that effectively
address the problem while accounting for the specific needs and circumstances of various

demographic groups.

1.5 Research Paradigm

Independent Variable: Dependent Variable:

 Legal Framework Prevalence of Illegal Drug

 Legal Loophole activities
 Socioeconomic
factors
 Community Factors
 Law enforcement
Efforts

Moderator variable:

 Age Distribution
 Gender
 Peer influence
1.6 Statement of the Problem

This paper aims to study the prevalence of illicit drug trafficking in Butuan City.

Specifically, it sought to answer the following questions:

1. What is the extent of the drug problem in Butuan City in terms of the number of arrests

made, type of drug involved, and the demographic group affected? How does it compare

with the other major cities in the region?

2. What are the existing legal frameworks and policies in place to address drug problems in

Butuan City? How effective are these legal measures in combatting drug-related issues,

and what are the key challenges faced in the implementation and enforcement?

3. How do the legal responses to drug problems in Butuan City align with international

standards, human rights principles, and best practices in drug control policies? Is there

any gap or area of improvement in the legal framework that need to be addressed to

effectively tackle the drug epidemic in the city?

4. Is there any relationship between the prevalence of illicit drug trafficking; the existing

legal framework, legal loopholes, socioeconomic factors, community factors, and law

enforcement efforts; the age distribution, peer influence and age of offenders.

1.8 Scope and Limitation of the Study

This study covers the examination and analysis as to the extent of the illegal drug

trafficking in terms of the number of arrests made, type of drug involved, and the demographic

group affected; existing legal frameworks and policies in place to address drug problems; gaps or

areas of improvement in the legal framework that need to be addressed to effectively tackle the

drug epidemic in the city.

 The conduct of the study is also limited with providing concrete evidence of the

relationship between the prevalence of illegal drug trade as the dependent variable; legal

framework, legal Loophole, socioeconomic factors, community factors, and law enforcement

efforts as the dependent variables; age distribution and gender as moderator variable.

The research is to be conducted only in Butuan City with law enforcement agencies,

government officials, legal professionals, community leaders and organizations, drug users, drug

convicts as respondents.

1.9 Significance of the Study

The findings that will be established in this study would benefit the government officials

and lawmakers, law enforcement agencies, legal professionals, general public, and future

researchers.

1.10 Definition of Terms

This study uses terminologies which are defined in an operational manner as follows:

Illegal trafficking – The illegal cultivation, culture, delivery, administration,

dispensation, manufacture, sale, trading, transportation, distribution, importation,

exportation and possession of any dangerous drug and/or controlled precursor and

essential chemical (Sec. 3, par. R, RA 9165)

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