Legalization of Medical Marijuana in the Philippines

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Perception of University Belt Students in the Legalization of Medical Marijuana in the Philippines A Thesis Submitted to the Faculty of Arts and Letters University of Santo Tomas -----------------In Partial Fulfillment Of the requirements for the degree, Bachelor of Arts in Legal Management -----------------------By: Castro, Alec Matthew Daet, Jed Froilan T. Suba, Jann Gabriel M. APRIL 11 & 13, 2015

ABSTRACT Marijuana in a general sense has become a drug that is clearly not accepted by our society. People when they here this they often name people who use it as “addicts”. Medical

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Marijuana however, it is still a drug but has adding the word “medical” gives it a new identity to which it is known to cure various chronic diseases. With the use of laws, statutes and jurisprudence on their part, we feel the desire to analyze these concepts in order to make medical marijuana legal as it is not still accepted in this country as an alternative tool for illnesses that are said to be incurable or un-treatable. As from the point of view of medical practitioners, the need for their concepts regarding the topic will help us with the analysis of Medical Marijuana in terms of the medical field for purposes of its benefits and how it’s used regarding their own morals and beliefs. We know try to get different perspectives from the different students in Sampaloc, Manila from the major schools such as the University of Santo Tomas, Far Eastern University and University of the East for their own ideas about the controversial drug that is Medical Marijuana.

Keywords: medical marijuana, University belt students, legalization, chronic disease, dangerous drug, Hippocratic Oath, ethics.

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PERSONAL NOTES Castro, Alec Matthew: I would like to thank my Mom and sister for all the support and encouragement while working on this thesis. I would also like to thank God for guiding me through all the stress and pressure, and for always being there, not only for me but for everyone.

Daet, Jed Froilan T.: I would specially like to thank my family; my Father, my Mother and my Brother for giving me the unending support and inspiration in order for me to accomplish this thesis. Next I would like to thank all of those people who were part of this thesis Atty. Gerardo I. Banzon for being our adviser and for guiding us throughout the span of our study and also the examiners who criticized our work for it to be much better. Lastly I would like to thank God for the wisdom and strength at those tough times when all was lost in our study.

Suba, Jann Gabriel M.: First of all, I would like to thank God for giving me and my groupmates the power to finish this research. My groupmates, Alec and Jed, for helping me and letting me help them to do the thesis, our adviser for the guidance, my friends and classmates for giving me confidence, my family for my life, my girlfriend, Gail, for the support, and to anyone who cares, thank you.

Table of Contents CHAPTER 1: BACKGROUND OF THE STUDY . . . . . . . . . . . . . . . . . . 9 1.1

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

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2.0

1.2

Objectives of the study . . . . . . . . . . . . . . . . . . . . . . . . . 12

1.3

Theoretical Framework . . . . . . . . . . . . . . . . . . . . . . . . . 13

1.4

Conceptual Framework . . . . . . . . . . . . . . . . . . . . . . . . . . 16

1.5

Statement of the Problem . . . . . . . . . . . . . . . . . . . . . . . 18

1.6

Hypothesis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

1.7

Significance of the Study . . . . . . . . . . . . . . . . . . . . . . . . 19

1.8

Scope and Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . 21

1.9

Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

CHAPTER 2: REVIEW OF RELATED LITERATURE. . . . . . . . . 27 2.1

Hippocratic Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2.2

Medical Ethics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

2.3

Republic Act 9165 or Dangerous Drug Act of 2002 . . 43

2.4

House Bill No. 4477 or Compassionate Use of Medical

Marijuana Bill. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 50

3.0

2.5

Medical Act of 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

2.6

The 1987 Philippine Constitution . . . . . . . . . . . . . . . . 61

2.7

United Nations Declaration of Human Rights . . . . . . . 63

2.8

Synthesis of the Study . . . . . . . . . . . . .. . . . . . . . . . . . . 65

CHAPTER 3: METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . 70 3.1

Research Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

3.2

Sample Size and Sampling Design . . . . . . . . . . . . . . . . 72

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4.0

5.0

3.3

Data Gathering/Collecting Instrument . . . . . . . . . . . . . 74

3.4

Data Gathering Procedure . . . . . . . . . . . . . . . . . . . . . . 75

3.5

Data Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

CHAPTER 4: ANALYSIS AND INTERPRETATION OF DATA 78 4.1 Question 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 4.2 Question 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 4.3 Question 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 4.4 Question 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4.5 Question 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 4.6 Question 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 4.7 Question 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 4.8 Question 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 4.9 Question 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 4.10 Question 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4.11 Question 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 4.12 Question 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 4.13 Question 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4.14 Question 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 4.15 Question 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 4.16 Question 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 4.17 Question 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4.18 Question 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 4.19 Question 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 4.20 Question 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 4.21 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 CHAPTER 5: SUMMARY, RECOMMENDATION AND

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 5.1 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 5.2 Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 5.3 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

APPENDICES

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References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Curriculum Vitae . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Notes on Style . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

CHAPTER 1: PROBLEM AND ITS BACKGROUNDS

I.

Introduction Just because something is illegal does it necessarily mean that that

certain something is immoral or wrong? Marijuana, an herb that grows

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naturally is a plant that has been proven to treat a certain number of diseases such as AIDS, cancer, multiple sclerosis, epilepsy and other conditions is deemed to be illegal? Does self-control of individuals in not being able to control its use be a critical ground regarding to its legalization? Tons of lives maybe saved but disciplinary actions must be conducted by the human populace in order to stabilize the continuous use of it as a medicine if it is to be part of the law of the land. The 1987 Constitution of the Philippines supports the “Right of Life” stated in the Universal Declaration of Human Rights. Article 3 of the declaration states the “Everyone has the right to life, liberty, and security of person”. Medical care is also one of the sub-topics stated in the 25th Article in the International Human Rights Law which provides that: “Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

Countries such as Germany and Netherlands have legalized the use of medical marijuana in a certain amount to be carried and must be proven to be of private use while in Uruguay as of 2013; President

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Jose Mujica has fully legalized the use of Medical Marijuana in the country. Other countries have decriminalized the possession of Medical Marijuana as time goes by and some countries just tolerate its possession. Countries are slowly evolving to its adaptation. An example would be the 23 States that belong in the United States of America have now recognized Medical Marijuana as a legal substance. These states are Colorado, Maryland, New York, and 20 other states that have issued its legalization but federal law has yet to consider it illegal. One major factor would be the sworn statement of the practitioner who would likely be in this circumstance to use medical marijuana for the patient’s own good. The Hippocratic Oath which every medical practitioner should abide by states that: “I will use my power to help the sick to the best of my ability and judgment.” This puts liability on the idea of assurance to the patient in conducting every possible way of curing their illnesses. Other factors such as the Catholic Church of the Philippines has granted the concept of legalizing Medical Marijuana in the Philippines on the ground that it is part of “Catholic health care ethics”. They tend to treat terminal cancer patients with medicinal marijuana as it has been proved to be helpful and effective in the patient’s situation.

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In the end it all winds down to how the general population will be able to control itself to not abuse this substance when there comes a time when it is to be considered legal. The use of this will help millions, but these millions will have a counter-part of another million to which it abuses the effects of medicinal marijuana as long as it gets in their hands. Its possession should be tolerated because this drug might be the answer to everything in the medical field in curing other terminal illnesses. House Bill No.4477 also known as the “Compassionate Use of Medical Cannabis Bill is now in motion as of May 26, 2014. Now supported by advocates and societies around the Philippines, this act is no causing turmoil in the media and this is the way of legalizing the act to which the study will onwards.

II. Objectives of the study To know the ideas and perspectives about the concept of legalization of Medical Marijuana in the Philippines of chosen random samples in the Sampaloc area of Manila City whereby students are residing and studying in. To carefully weigh out the advantages and disadvantages of Medical Marijuana through various research and credible sources that

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may be encountered throughout the study, this information will come from experts. To question the factors concerning the pro-legalization and antilegalization parties around the University Belt; this concerns those of the medical practitioners and law-makers in the country itself. At the end of the study, the researchers will analyze and will be able to create assumptions on what may be the ideas and concepts known to the general population about the existence of medical marijuana. Is it just another dangerous and addictive drug or something more that might open the medical knowledge of Filipinos?

III.

Theoretical Framework As far as the National Conference of State Legislature is concerned

about the other states in the USA that has legalized the use of medicinal marijuana, the 23 states and the District of Columbia is now allowed as of November 7, 2014 to the comprehensive public use of medical marijuana and cannabis programs. The NCSL has classified the drug to a limitation which is known as a “low THC, high cannabidiol (CBD)” product. The criteria for word “comprehensive” is as stated: 1. Protection from criminal penalties for using marijuana for a medical purpose

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2. Access to marijuana through home cultivation, dispensaries or some other system that is likely to be implemented. 3. It must follow a variety of strains; and 4. It must allow either smoking or vaporization of some kind of marijuana products, plant material or extract. The following uses have also been discussed through the Institute of Medicine in California by a thorough examination of potential therapeutic benefits: 1. 2. 3. 4. 5. 6. 7. 8.

Pain Relief Control of Nausea and Vomiting Appetite Simulation Symptoms of Aids Symptoms of HIV Cancer Glaucoma Multiple Sclerosis

The legalization of medical marijuana was not easy however; numerous states such as Arizona and the District of Columbia where these initiatives were either put on hold and overturned by their respective departments. People who use medical marijuana possess various registry papers and authorized prescriptions by their own practitioner’s for evidence of legal possession. (NCSL, 2014) The use of marijuana has also been a less addictive substitute than pain killers. Painkillers such as Morphine and Vicodin are

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overly dependent on the elderly. The Center for Disease Control has concluded that the deaths through painkiller overdoes is more than half of deaths by injury. Medical marijuana has proved for a fact that it is a reliable painkiller above all the products stated. The Tetrahydrocannabinol contained inside the substance has proved to cure muscle spasms and stomach cramps which have been dated to be used during ancient Chinese and Egyptian cultures. In an article stated in Sam P.K. Collins, “This research runs counter to the opposition’s claims that legalizing medical marijuana would open up this floodgate for addiction and lead to increased use of harder drugs,” Fox said. “What we found was that in states where patients have access to medical marijuana, they experienced a better quality of life when they cut their use of hard prescription drugs, which have a very high potential for addiction and fatal overdose. Even for the nine percent of regular users that become addicted to marijuana, the harms associated with marijuana addiction are far less dangerous and never fatal.”

The use of medicinal marijuana really depends on how the people will control the urge of being able to take care of the responsibility given to them. The State may not be able to trust its people through implementation since these circumstances can affect the whole public. (Collins, 2014)

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IV.

Conceptual Framework

Factors Concerning the Study

Medicine

Hippocratic Oath

Laws and Statutes

Medical Ethics

RA 9165 House Bill 4477 Medical Act of 1959 Philippine Constitution UN Declaration of Human Rights

Legalization of Medical Marijuana The conceptual framework will have two key points: the law factor

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and the medicinal factor; through this we can distinguish the two conflicting sides that are obligated to answer for the demise of the one being treated medical marijuana. This concept was made by the researcher themselves. In the medical factor, we chose to discuss about the use of the Hippocratic Oath that is sworn to practice their profession in full liability on what is to be done. As a doctor or medical practitioner, it is their duty to try and do anything that is possible regardless of moral reasons that are accepted by the norms. Next

is

Medical

Ethics

which

shall

conclude

all

of

the

responsibilities of a medical professional to his/her fellow men. To act as a responsible person understood by the medical world in what they are trying to commit. In the law factor however, we came up with the idea of including laws that are related to the right of life of human to what he/she wants to do as they wish as a human being. Laws and other acts are included to support the claim of law-makers in their own perspective about the drug itself and how they treat this certain substance. This framework wishes to accomplish the conflicting obligations of a law-maker and medical practitioner in exercising their power which may be related to the people that are affected by it. It also wishes to

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accomplish the idea of legalization of the substance and to bring and gather information to our chosen respondents in which this thesis will be the main focus of. V.

Statement of the Problem The main problem of this study is the dispute between making use

of medical marijuana and laws regarding the use of marijuana as an illegal drug. The researchers aim to answer question such as: 1. Whether or not the law should legalize the use of medical marijuana 2. Whether or not the legalization of marijuana can lead to multiple methods in

curing various chronic diseases and other similar

illnesses. VI.

Hypothesis The null and alternative hypotheses of this research are the

following: The null hypothesis which is denoted by H0 is: “The concept of the Legalization of Medical Marijuana will have a positive effect on the economic, social and medical ideas in the Philippines.”; on the other

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hand, the alternative hypothesis which is denoted by H1 is: (Correction) “The concept of the Legalization of Medical Marijuana will have a negative effect on the economic, social and medical ideas in the Philippines.” VII.

Significance of the Study

This is conducted as a study that may prove to be beneficial to those who are actually in need of this drug as a medicine and not just any drug that is used for other non-medicinal purposes. Furthermore, this is conducted as a study that may enhance people’s knowledge about Marijuana, not only as a habitual, addictive and dangerous plant, but also as a plant with far more effects and even benefits to anyone who is in need of it as a cure for certain illnesses. It cannot be denied that Marijuana is looked down upon in our society. It is deemed a dangerous substance that is used solely for the same reason as drugs such as cocaine, heroin, methamphetamine, and the like, but this research will be of great relevance in connection with this in order to broaden knowledge about this drug with regard to its other unpopularly known positive effects. Also to differentiate the effects of its usage from the effects of the usage of other prohibited drugs such as those mentioned above.

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This study will be essential in knowing the perception of people about the legalization of Marijuana and how this perception would change upon being informed about its proven medicinal effects and not just its downsides. Furthermore, this is also conducted to know the factors and reasons that continue to serve as a prevention to the legalization of this drug, and the factors that are present, but unknown to most, which could be used in paving the way to its legalization. It is essential, not just in this topic, but in all things that people know each aspect and each factor to be considered before deeming it either legal and moral or illegal and immoral. The study proves to be critical in achieving this with regard to the legalization of Marijuana, it being a drug with multiple medicinal benefits. The intended readers of this study, especially those who have no concrete knowledge regarding the law will have more awareness as to the topic of Marijuana. Why it is illegal, and why it has been argued and continues to be argued for in order to have the potential of becoming legal. This study is crucial in carefully scrutinizing the reasons as to why Marijuana is not allowed to be used as a medicine when it is clearly stated in the Constitution and other laws, that people should have the right to life and to receive proper care for the betterment of their health.

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It is important to broaden the knowledge of people regarding this topic and not just narrow it down to the reasons as to why it should not be legal. This study will serve to counter that idea and assist people in knowing about the huge role that it could play and the importance that it could serve as an innovative primary cure to illnesses in need of attention. VIII.

Scope and Limitations The scope of this study will benefit those who are in need and are

searching for other prescriptions and alternative medicine for their ailments. It will also be for those government officials who are taking into consideration the legalization of medical marijuana. In addition to this, it will serve for the benefit of the whole community with regard to the information that will be provided.

The study will be organized in the city of Manila particularly in the Sampaloc district who are students of the city and the knowledge that already exists in the libraries and internet as primary sources. Secondary sources however will be taken from other forms of literature that cannot be accessible here in the Philippines such as international studies and conventions connected to the topic at hand. Recorded

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cases and incidents that are related to the topic will also be gathered from various locations for reasons of the lack of knowledge of the country about the drug.

The study will focus on the positive and negative effects of medical Marijuana and the consciousness of the people whether they agree or disagree on the legalization of medical marijuana upon being informed of its various effects. The gathered information will be kept confidential by the researchers for purposes of privacy and for public reputation due to the notoriousness of the idea of the usage or information of the drug. This study will also be limited to Medical Marijuana only. Other drugs contained inside the Dangerous Drug Act of 2002 (Republic Act 9165) will not be entertained by the researchers.

IX.

Definition of Terms Addiction -

The inability to consistently abstain and impairment in

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behavioral control to a certain drug. It is a primary and chronic disease to the human brain in not being able to control the needs to oneself. Cannabis -

refers to every kind, class, genus, specie of the plant Cannabis sativa L., Cannabis Americana, hashish, bhang, guaza, churrus, ganjab and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

Dangerous Drugs -

Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act. These include:

methamphetamine

heroin, marijuana and the like.

hydrochloride,

opium

cocaine,

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Hippocratic Oath -

This is the Oath made by every physician who has entered the practice of medicine. It signifies their responsibilities and duties as a doctor or physician to abide by the rule to do anything in their power to cure the patient.

House Bill 4477 -

The Compassionate Use of Medical Marijuana Bill, passed by Isabel 1st district representative Rodolfo Albano III. This is the pending bill that seeks to legalize the use of medical marijuana in the Philippines.

Legalization -

The way of putting it as part of the law of the land.

University Belt Students or U-belt students -

Students who are attending universities and colleges in the Sampaloc area of Manila. This includes all students regardless

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of course, gender, age and year level. Medical Marijuana -

The use of marijuana through the purposes of medicine. This substance aims to cure the patient’s illnesses only. These substances are controlled and limited to the public and only people who are in dire need of this as an alternative method of remedy.

Medical Purpose -

Specifically signifies the use of a certain substance for it to reach an end that is related to the medical field.

Prescription Drugs -

Drugs that can be accessed legally by any person that has a recommendation from their respective physicians or medical practitioner. The physicians have to be considered experts in their field in order to suggest a drug that may help the illness of the patient.

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RA 9165 -

The Dangerous Drug Act of 2002, this act defines and discusses drugs that are considered illegal here in the Philippines. Penalties and classifications for possession and use certain drugs are also contained here.

CHAPTER 2: REVIEW OF RELATED LITERATURES REVIEW OF RELATED LITERATURE 1. Hippocratic Oath

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There is one oath that is being followed by every medical practitioner to base their duties and obligations to their patients. This Oath is called the Hippocratic Oath, named after the Father of Medicine, Hippocrates from Greece which is still being held by physicians. The Modern Oath states that: I swear in the presence of the Almighty and before my family, my teachers, and my peers that according to my ability and judgment, I will keep the Oath and Stipulation: To reckon all who have taught me this art equally dear to me as my parents and in the same spirit and dedication to impart knowledge of the art of medicine to others. I will continue with diligence to keep abreast of advances in medicine. I will treat without exception all who seek my ministrations, so long as the treatment of others is not compromised thereby, and I will seek the counsel of particularly skilled physicians where indicated for the benefit of my patient. I will follow that method of treatment which according to my ability and judgment I consider for the benefit of my patient and abstain from whatever is harmful or mischievous. I will neither prescribe nor administer a

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lethal dose of medicine to my patient even if asked, nor counsel any such thing, nor perform act or omission with direct intent deliberately to end a human life. I will maintain the utmost respect for every human life from fertilization to natural death and reject abortion that deliberately takes a unique human life. With purity, holiness and beneficence I will pass my life and practice my art. Except for the prudent correction of an imminent danger, I will neither treat any patient nor carry out any research on any human being without the valid informed consent of the subject or the appropriate legal protector thereof, understanding that research must have as its purpose the furtherance of the health of that individual. Into whatever patient setting I enter, I will go for the benefit of the sick and will abstain from every voluntary act of mischief or corruption and further from the seduction of any patient. Whatever in connection with my professional practice or not in connection with it I may see or hear in the lives of my patients which ought not to be spoken abroad I will not divulge, reckoning that all such should be kept secret. While I continue to keep this Oath un-violated may it be granted to me to enjoy life and the practice of the art and science of medicine with the blessing of the Almighty and respected by my peers and society, but should I

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trespass and violate this Oath, may the reverse be my lot.

There have been multiple revisions of this Oath but all of them lead to one interest; it is to treat a patient with the best of the physician’s abilities and knowledge. Under the Oath, the physician is promised “to continue with diligence in keeping abreast with the advancement of medicine”, be that as it may, whenever there is a possible cure that may be discovered through the source of anything, the physician has to use this. We put this in the perspective of medical marijuana to try and follow its methods of treating the patient itself. In this case, we can ensure that medical marijuana can be one of the possibilities to be this cure and therefore has to be an option when all else fails. The Oath also contains a statement mentioning “I will follow that method of treatment which according to my ability and judgment I consider for the benefit of my patient and abstain from whatever is harmful or mischievous.” In this we can assume that in relation to medical marijuana, we can put it in the methods of treatment. There are many cases to which medical marijuana has helped lots of people

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in curing their own diseases. One famous case is the case of Charlotte Figi, daughter of Matt and Paige Figi. Charlotte was born on October 18, 2006. She was diagnosed with Dravet syndrome. A rare severe form of intractable epilepsy, this means that the seizures are uncontrollable even with medication. It’s usually starts after a child has reached the age of 1. She was taking seven drugs to help with her illness but it was for naught. Her parents brought her to Chicago to see a Dravet specialist who prescribed her a diet. Matt and Paige then found another treatment for this syndrome, the use of medical marijuana which worked for a boy in California. They tried to get hold of medical marijuana through Dr. Alan Shackelford and Dr. Margaret Gedde who had numerous cases of medical marijuana patients. These were the doctors that signed the papers for proper and legal use to Charlotte. Seeing that this was the only medication that could work, the doctors prescribed in the papers that “they had exhausted all of her treatment options. They really weren’t any steps they could take beyond what they had done. Everything had been tried-except cannabis”. The medication worked for Charlotte.

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This case promoted the stipulation contained in the Oath that every physician follows through the use of medical marijuana; they had the chance to exercise their right to everything in their power to cure the patient in a manner that is considered illegal to all. Another case is from here in the Philippines; the case of Moon Jaden Yutuc, daughter of Myca and Jun Yutuc. She was born this January 9, 2012 and died on September 19, 2013 due to Dravet Syndrome, the same as Charlotte Paige. Due to the unknown knowledge to access medical marijuana in our country, they were forced to look in the underground market but the farm of medical marijuana was destroyed due to a typhoon that was present in the country. Time was their enemy, Moon Jaden died before her father Jun could get hold of medical marijuana. Marijuana was still illegal in the Philippines and through that, the parents of Moon Jaden were not prescribed this medication even though it may improve the status of the child. Republic Act No. 9165 or the Dangerous Drugs Act of 2002 is the legal basis of this. Although Assistant Health Secretary of the Department of Health in the Philippines Eric Tayag explained to Moon Jaden’s parent that they could access medical marijuana but were not explained to doctors this

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exemption by the Dangerous Drug Board (DDB). Philippine Medical Association President Oscar Tinio denies any information disseminated to them about this matter. PMA Chief Olarte also states that the Dangerous Drug Board has no right to grant the exemption to the Department of Health. This puts the physicians in a tight position to either prescribe the use of medical marijuana to the patients even though it will be the last resort. Everybody is liable to follow the law; thus resulting in force use with strict prohibitions regarding the R.A. 9165 and non-compliance with their Oath. The last case that is in relation is the approval of New Jersey Governor Chris Christie of the act “Pot for Tots” in promulgating the use medical marijuana to sick children that is in need of its benefits. The main ignition for the bill was the public confrontation of a man named Brian Wilson who was a resident of New Jersey. Brian had a two-year old daughter Vivian Wilson diagnosed with Dravet Syndrome. Governor Christie approved the bill with lots of requirements such as the presence of two doctors and a pediatrician with actual knowledge of the drug itself in order for the maintenance and analysis of the patient’s status and their medical outputs on medical marijuana.

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The doctors here that will treat Vivian Wilson will have to opportunity to use medical marijuana freely and comply with their duties and responsibilities as a doctor due to the fact that in New Jersey, the Medical Marijuana bill was approved. The fear of doing something illegal but would clear a patient of his or her illness was within their grasp. So know we raise an issue regarding the Oath itself, if the main goal of the physician or medical practitioner is to do what is best for the patient; then why do we have a conflicting idea about it with the law? We can say that this drug is considered to have a bad reputation due to the people that use it and their actions, us researchers try to look at it in another perspective. The reason for the legalization of marijuana is to free the medical practitioners from doing the things that they want need to do to their patients. This frees their will in doing something that they think that will make criminalize them. If you put yourself in their own shoes and you know that this particular drug can be a source for their escape of prolonging suffering, should you be called a criminal for doing that act and be charged with a fine and life imprisonment? We think otherwise.

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2. Medical Ethics It is stated in a part of the Hippocratic Oath that: To reckon all who have taught me this art equally dear to me as my parents and in the same spirit and dedication to impart knowledge of the art of medicine to others. I will continue with diligence to keep abreast of advances in medicine. I will treat without exception all who seek my ministrations, so long as the treatment of others is not compromised thereby, and I will seek the counsel of particularly skilled physicians where indicated for the benefit of my patient

In their mode of ethics, it can be seen that the practitioners that will be conducting this Oath will be subjected to reliance of knowledge in other experts in their fields. They will use information and experiences by skilled and veteran physicians in regards to what they will be doing. These physicians will also be conducting another Oath, the Administrative Oath of a medical practitioner which is: I hereby solemnly swear that I will support and defend the Constitution of the Philippines;

That I will obey the laws, legal order and decree

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promulgated by the duly constituted authorities of the Republic of the Philippines; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion.

I further solemnly swear that at all times and places, I will adhere to the ethical and professional rules generally accepted by the medical profession in the Philippines;

And that I will faithfully discharge to the best of my ability the duties and obligations incumbent upon a legally authorized medical practitioner.

SO HELP ME GOD

According to the Oath, these licensed practitioners will have to obey the laws, legal order and decree promulgated by the Republic of the Philippines. The Code of being a medical practitioner is limited to the law itself since there are some medical duties that cannot be understood in the perspective of the law-makers but the medical practitioners only. This Oath however is backed up by the 1987 Constitution itself and therefore cannot be surpassed by mere acts heroic in trying to save a person’s life. A medical practitioner has no choice but to relieve

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the patient for his suffering if he wishes as it’s his or her right under the right to life contained in our supreme law of the land. The Philippine Medical Association also describes the mode of conduct that physicians should be conducting to their patients. This is more of their ethical standards in dealing with patients. Section 1. A physician should be dedicated to provide competent medical care with full professional skill in accordance with the current standards of care, compassion, independence and respect for human dignity.

Section 2. A physician should be free to choose patients.

Section 3. In an emergency, provided there is no risk to his or her safety, a physician should administer at least first aid treatment and then refer the patient to the primary physician and/or to a more competent health provider and appropriate facility if necessary.

Section 4. In serious/difficult cases, or when the circumstances of the patient or the family so demand or justify,

the

attending

physician

should

seek

the

assistance of the appropriate specialist.

Section 5. A physician should exercise good faith and

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honesty in expressing opinion/s as to the diagnosis, prognosis, and treatment of a case under his/her care. A physician shall respect the right of the patient to refuse medical treatment. Timely notice of the worsening of the disease should be given to the patient and/or family. A physician shall not conceal nor exaggerate the patient’s condition except when it is to the latter’s best interest. A physician shall obtain from the patient a voluntary informed consent. In case of un-consciousness or in a state of mental deficiency the informed consent may be given by a spouse or immediate relatives and in the absence of both, by the party authorized by an advanced directive of the patient. Informed consent in the case of minor should be given by the parents or guardian, members of the immediate family that are of legal age.

Section 6. The physician should hold as sacred and highly confidential whatever may be discovered or learned pertinent to the patient even after death, except when required in the promotion of justice, safety and public health.

Section 7. Professional fees should be commensurate to the services rendered with due consideration to the patient’s financial status, nature of the case, time

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consumed and the professional standing and skill of the physician in the community.

According to these, the physician has many obligations to the patient to do anything that may be in connection to their hopeful recovery. This is part of the law which the medical practitioner is bound to follow and to not exercise their liberal freedom in regards to their respective professions. In this matter we can conclude that the rights and duties of the practitioners in their mode of dealing with patients is locked by the law itself and therefore they have no right to exercise in their own experimental way in dealing with human life. If a medical practitioner however was to make a mistake and is made liable for the acts done by him by not dealing with the mode of dealing with the patients; these are the following liabilities that may be incurred by them: Classifications of medical professional liability — all medical professional liability claims fall into one of three classifications:

malfeasance,

misfeasance,

or

nonfeasance.

1. Feasance simply mean “performance” or the doing of an act.

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2. Malfeasance — the performing of an act that is wholly wrongful and unlawful (e.g. a physician who performs an unnecessary operation).

3. Misfeasance is the improper performance of some lawful act (e.g. a physician who performs an operation

carelessly

or

contrary

to

accepted

standards).

4. Nonfeasance is the failure to do something that should have been done (e.g. a physician who fails to render care that should have been given)

However, according to Bellosillo, there is one more classification; it is the inability to do something that should’ve been done. Just like in a medical marijuana case, if the physician is unable to use it as a cure to help a patient, he is charged of not doing all means necessary to cure the patient from his suffering. If the physician does use it, and it does not work it still is a violation of gross negligence on the part of the physician and thus may give rise to a law-suit. This may also invoke and suspend the license of the practitioner which is contained in Section 24 of the Medical Act of 1959 which includes the following grounds:

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Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any of the following shall be sufficient ground for reprimanding a physician, or for suspending or revoking a certificate of registration as physician:

(1) Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude; (2) Immoral or dis-honourable conduct; (3) Insanity; (4) Fraud in the acquisition of the certificate of registration; (5) Gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to or death of the patient; (6) Addiction to alcoholic beverages or to any habit forming drug rendering him or her incompetent to practice his or her profession, or to any form of gambling; (7) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice, clinic hours, office and home address, are mentioned. (8) Performance of or aiding in any criminal abortion; (9) Knowingly issuing any false medical certificate;

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(10) Issuing any statement or spreading any news or rumours which are derogatory to the character and reputation of another physician without justifiable motive; (11) Aiding or acting as a dummy of an unqualified or unregistered person to practice medicine; (12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical Association. Refusal of a physician to attend a patient in danger of death is not a sufficient ground for revocation or suspension of his registration certificate if there is a risk to the physician's life.

In relation to this, once these have been violated, it also violates the Code of Ethics of the Philippine Medical Association which is in general a violation of a Medical Ethics for the part of the physician him or herself. The ethics of the modern physician to with regards to his profession is means for the mode of conduct that he or she is acting upon, becoming part of his or her character. There are certain factors and issues that run through the mind of the physician when it comes to performing certain acts about their patient's well-being. Bellosillo in his book discussed the ethical thinking of the medical practitioner when doing an act for the patient:

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The first step in analyzing moral issues is an obvious one: get all the facts. Some moral issues create controversies simply because people do not bother to check out the facts. This first step of analysis although obvious, is also the most important one and the one that is most frequently overlooked.

But having the facts is not enough. Facts by themselves only tell us what is; they do not tell us what ought to be. In addition to getting the facts, resolving, an ethical issue also requires an appeal to values. Three kinds of value systems have been developed by philosophers to deal with

moral

issues.

One

such

system

is

called

“utilitarianism.”

Utilitarianism was developed in the nineteenth century by Jeremy Bentham and John Stuart Mill to help legislators determine which laws were the morally best ones. Both Bentham and Mill suggested that ethical actions are those that provide the greatest balance of good over evil. To analyze an issue using the utilitarian approach, we must first identify the various courses of action available to us. Second, we must ask who will be affected by each action. And third, we choose the course of action that will produce the greatest benefits and the least harm. The ethical action is the one that provides

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“the greatest good for the greatest number.

Getting the facts straight to a proper act must be done properly. Thinking about the pros and cons are the first step to it. Analyze and weigh out for you to be able to feel the right thing to do in cases like treating the patient with medical marijuana in our study. This acts as the means in order for you to follow not just Medical Ethics but to be able to comply with Human Ethics. As a fellow human you know the ups and downs and you are limited to what you can contribute to the life that you have been given to take care of. Through legalization of medical marijuana, the physician can now be able to broaden its view in the world of medical ethics and to do such acts without a boggle in their mind of illegality of the substance.

3. Republic Act 9165 or Dangerous Drug Act of 2002 Republic Act No. 9165 also known as “An act instituting the Comprehensive Dangerous Drugs Act of 2002, repealing Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as

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amended, providing funds therefore, and for other purposes” includes the list of prohibited drugs in the Philippines. Section 2 of Republic Act 9165 also known as the Comprehensive Dangerous Drugs Act of 2002 states: Section 2- Declaration of Policy – It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs. It is further declared the policy of the State to provide effective

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mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. Under our National law, dangerous drugs are deemed and seen as a threat to the security and safety of our State and its people. They are seen as harmful substances that would prove to be of no benefit to anyone. Hence, the construction and formulation of this provision is for the sole purpose of helping the government in its duty to maintain and regulate the peace and order of its territory. This includes the welfare of our community, and most especially with regard to the youth. These substances, so-called dangerous drugs, have

been

stereotyped and commonly known to cause psychological and physical damage to all of its users. Somehow, people have only been provided information on their negative sides, but some of these drugs’ other side always seems to be left out and remain unknown to common awareness. ‘Dangerous Drugs’ is defined under Republic Act 9165 as: (j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in

the

Schedules

annexed

to

the

1971

Single

Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.

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These

include

opium,

heroin,

cocaine,

methamphetamine

hydrochloride or "shabu", and other drugs that have been proven to have very negative effects and are extremely detrimental to a person’s health. The dangerous drugs in consistence with this law are derived from a convention under the United Nations wherein the Philippines is one of its signatories. However, this convention does not close its doors to any possible chances where one of these drugs may be utilized positively and used for purposes that may prove to be helpful and beneficial to a person. This aspect and perspective in looking at the concept of these possible helpful drugs will be discussed in the next subsections provided herein. One of these drugs is cannabis or more popularly known as marijuana. This drug is defined under Republic Act 9165 as: (v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every kind, class, genus, or specie of the plant Cannabis sativa

including,

but

not

limited

to, Cannabis

americana,hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form

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whatsoever.

Also provided in this provision are the penalties and strict punishments that may be imposed on a person if he is caught in possession or use of Cannabis. A portion under Section 11 of Republic Act 9165 states that: Section 11. Possession of Dangerous Drugs - The 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, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.

It is clearly elaborated here that the Philippine government strictly stands against the idea of any usage regarding this matter. It is evident that the government gives an astoundingly high penalty and extremely grave punishment with regards to this, resulting to its strict prohibition. This is also exhibited in the case of People vs. Policarpio, G. R. No. 69844, February 23, 1988 wherein the Supreme Court stated that: “Drug addiction is one of the most pernicious evils that has ever crept into our society. More often than not it is

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the young who constitute the greater majority of the citizenry who are the victims. It is of common knowledge that drug addicts become useless if not dangerous members of society and in some instances turn up to be among the living dead. This is the reason why the courts and law enforcement agencies should continue in their relentless campaign not merely to minimize but to totally eradicate the evil before it is too late. And everyone must be involved in this drive if we are to succeed. The peddlers of drugs are actually agents of destruction. They deserve no less than the maximum penalty.”

It clearly shows here that our government aims to completely eradicate all traces and hints of any sort of dangerous drug, no matter their effect and the situation and matter in which they are being used for. They even resulted to the dealing of the highest penalty that could be given because of these dangerous drugs. It has long been established that Marijuana has been prohibited because of fear that it is a possible threat to a person’s life, security, and the state’s peacefulness. Nonetheless, given a situation wherein a physician suddenly decides to use it in order to cure a patient who is in a fatal and critical condition and is in immediate need of the drug; will the doctor be held liable and punished for his actions? Or would his decision to use marijuana be justified because it was able to save the

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life of a patient? Although it cannot be denied that he may create a proposition for the use of this drug, since it is provided for and supported in the aforementioned Section 2 of Republic Act 9165. It was stated that it is the government’s duty to create “balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medication…” Even so, before anyone could possibly gain access and possession of a prohibited drug, one must first file certain requirements and then get a certification for it that would allow its use. Again, what if the condition of the patient was critical and between life and death? And only the immediate use of Marijuana could save him? A doctor would still be held liable for the use of marijuana without any papers even if it was for a positive purpose and for medical reasons. But shouldn’t the preservation of one’s life, and the bestowal of his right to live, be enough reason to legalize the use of medical marijuana? If no person shall be deprived of life, then a person who is in immediate need of marijuana should be allowed its instantaneous access without any delay. 4. House Bill No. 4477 or Compassionate Use of Medical Marijuana Bill House Bill 4477 also known as the Compassionate Use of Medical Marijuana Bill is a bill that seeks to legalize and regulate the medical use of cannabis in compliance with government policy to balance its

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national drug control program and the regulated use of dangerous drugs for treatment and medication of patients with debilitating medical condition s. It is stated in Section 3 of the Compassionate Use of Medical Marijuana Bill that: e) Debilitating medical condition means one or more of the following: cancer, glaucoma, epilepsy, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease,

cachexia/wasting

syndrome,

muscular

dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia,

syringomyelia,

Rheumatoid

arthritis,

fibrous dysplasia, spinal cord injury, traumatic brain injury, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia,

Spinocerebellar

Atxia

(SCA),

Parkingson’s, Tourette’s, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes

Type

I),

Causalgia,

CRPS

(Complex

Regional Pain Syndromes Type I), Causalgia, CRPS (Complex

Regional

Pain

Syndromes

Type

II),

Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren’s syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella

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syndrome, residual limb pain, or the treatment that is added by the Medical Cannabis Regulatory Authority as recommended by a panel of doctors constituted for this purpose.

Furthermore, the bill states that cannabis "has been confirmed to have beneficial and therapeutic uses to treat chronic or debilitating disease

or

medical

condition”

that

produces

some

of

the

aforementioned diseases The bill aims to provide a means in which marijuana may be used in a controllable way that would possibly prove to be beneficial and non-hazardous to the community. Section 2 of this bill provides that: SEC. 2. Statement of Policy. – It is the policy of the State to provide measures to achieve a balance in the national drug control program so that patients with debilitating medical condition may receive adequate amount of treatment and appropriate medications from the regulated use of dangerous drugs.

Toward this end, the State shall legalize and regulate the medical use of cannabis which has been confirmed to have beneficial and therapeutic uses to treat chronic or debilitating disease or medical condition that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe

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and persistent muscle spasms, including but not limited to those associated with multiple sclerosis. It is clearly seen here that there are ways in which marijuana may be used through harmless means with medical and beneficial purposes. This bill provides a possible answer to the gray area that lies between the legalization and criminalization of cannabis or marijuana. As this bill aims to both regulate its use, and still have authority over its circulation it leads to a probable consideration on the legalization of marijuana as to why it should be legalized, and how it can be controlled. This said control over its regulation and having authority over it can be seen in the following provisions of the Compassionate Use of Medical Marijuana Bill wherein it is provided that: SEC. 4. Medical Cannabis Regulatory Authority. – There shall be established under the Department of Health (DOH), a Medical Cannabis Regulatory Authority, hereinafter referred to as the Authority, which shall regulate the medical use of cannabis in the country. SEC. 5. Powers and Functions. – The Authority shall have the following powers and functions: a) Approve the recommendation made by the certifying doctor who has a bona fide relationship with the patient that, after completing a medical assessment of the patient’s medical history and current medical condition, including an appropriate personal physical examination, in his professional medical opinion, a patient is suffering

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from a debilitating medical condition, and is likely to receive therapeutic or palliative benefit from the medical use of cannabis. b) Issue registry identification cards to patients and caregivers who are qualified or allowed to use and administer cannabis upon qualification and submission of the requirements set by the Authority; c) Evaluate applications for registration and issuance of certification

as

Medical

Cannabis

Compassionate

Center or Medical Cannabis Safety Compliance Facility based on the safety and regulatory requirements set by the Authority; d) Establish rules and regulations for the issuance of safety compliance and registration certificates; e) Suspend or revoke the registration certificate of Medical Cannabis Compassionate Centers or Medical Cannabis Safety Compliance Facilities or order their closure for multiple or serious violation by the registrants or any of their agents of nay rule promulgated by the Authority; f) Confiscate cannabis and its paraphernalia in the possession of any person who is committing or has committed a violation of this Act; and g) Intensify research that may result in improved understanding of cannabis treatment for diseases and other adverse health conditions. SEC. 6. Director-General. – The Authority shall be headed by a Director-General who shall be appointed by the President of the Philippines from the list of specialist

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physicians recommended by the Secretary of Health. The Director-General shall have a university degree in medicine and/or a post-graduate degree in organic chemistry and must have completed an executive course in any regulatory management. The DirectorGeneral shall have the brand of Undersecretary.

The bill also provides safety measures and qualifications for the usage of marijuana that may possibly be effective in helping with the health of our community. It also provides the persons who may be exempt from any civil and criminal liability upon usage of cannabis in certain situations. There are also steps provided in its easy access prescriptions to ensure that it will not be abused by those who are not really in need, but at the same time, it can be accessed to those who are really in need of it for their conditions or sicknesses. The Compassionate Use of Medical Marijuana Bill also establishes verifications and registry in order to claim the legal use of marijuana. This, along with its additional provisions on its certain prohibitions and restrictions with regard to certain acts, may allow a harmony in its factors on why it should be illegal yet strictly regulated. These prohibited

acts

along

with

their

corresponding

penalties

and

punishments are stated in Section 25 and Section 26 of this bill wherein it is provided that: SEC. 25. Prohibited Acts. – It shall be prohibited for:

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a) A qualifying patient to: 1. Possess and smoke cannabis and engage in the medical use of cannabis in any mode of public transportation or in any public place; 2. Operate, navigate, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis: Provided, That a registered qualifying patient or visiting qualifying patient shall not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis to cause impairment; 3. Undertake under the influence of cannabis, task that would require the use of body or motor functions impaired by the use of cannabis; and 4. Use cannabis for purposes other than treatment of a debilitating medical condition; b) An authorized physician to prescribe medical cannabis to any person without establishing a bona fide relationship with the patient and to refer patients or caregivers to a MCCC on which the physician holds any financial interest; c) A registered

MCCC

(Medical

Cannabis

Compassionate Center) to: 1. Acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense cannabis to any person except to registered qualified patients or through their registered caregivers; and 2. Acquire usable cannabis or mature cannabis plants from unregistered MCCC. 3. Refer patients to an authorized physician d) Any person to:

PAGEUNIVERSITY 54 OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

1. Advertise medical cannabis sales in printed materials, on radio or television, social media, or by paid-in-person solicitation

of

customers.

This

shall

not

prevent

appropriate signs on the property of the registered MCCC, listings in business directories including phone books,

listing

in

cannabis-related

or

medical

publications, or the sponsorship of health or charity or advocacy events; SEC. 26. Penalty. – Any person or entity who violates Section 24 of this Act shall be punished with a fine of one

hundred thousand pesos (P100,000.00) and

revocation of the license or registration certificates to use, possess or sell cannabis for medical purposes under this Act. Any person who violates confidentiality under Section 21 of this Act shall be punished with a fine of not less than ten thousand pesos (P10,000.00) but not more than fifty thousand pesos (P50,000.00). If the offender is a physician the penalty shall include revocation of professional license. The suspension or revocation of registration certificate is a final action of the Authority. The Authority shall constitute a committee that will review documents and evidence of the case and shall recommend action to be taken by the Director-General.

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This bill is dedicated to those who are truly in need of it and those who have conditions which cannot be cured through any other means. It also deems marijuana to have certain curing effects that cannot be found in other medicine. Hence, as Isabela 1st District Representative Rodolfo Albano III claims that: “The bill intends "to provide accessible, affordable, safe medical cannabis to qualifying patients."

5. Medical Act of 1959 The Medical Act of 1959 or Republic Act No. 2382 is an act that supervises the practice of medicine in the country. This act also regulates the medical education, and examination for registration of physicians. In Section 6 of this act, a medical student is required to take a subject of “Legal Medicine, including Medical Jurisprudence and Ethics.” Section 6. Minimum required courses. Students seeking admission to the medical course must have a bachelor of science or bachelor of arts degree. The medical course shall be at least five years, including not less than eleven rotating internship in an approved hospital, and shall consist of the following subjects:

PAGEUNIVERSITY 56 OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

-

Anatomy

-

Physiology

-

Biochemistry and Nutrition

-

Pharmacology

-

Microbiology

-

Parasitology

-

Medicine and Therapeutics

-

Genecology

-

Ophthalmology, Otology, Rhinology and Laryngology

-

Pediatrics

-

Obstetrics

-

Surgery

-

Preventive Medicine and Public Health

-

Legal Medicine, including Medical Jurisprudence and Ethics

Provided, that the Board is hereby authorized to modify or add to the subjects listed above as the needs and demands of progress in the

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medical profession may require. Medical Jurisprudence is defined as the branch of science and medicine involving the study of scientific and medical knowledge to legal problems. It is also involved with medical, legal, and ethical issues. This means that before the student becomes a professional, he/she must know first the rights, duties and obligations under the law of medicine. After the student achieves the degree of Doctor of Medicine, he must pass the board examination in order to become a medical practitioner. A medical practitioner is defined as one who is lawfully engaged in the practice of medicine. He/she has a right to prescribe any dangerous or poisonous drugs in the good faith of patient while treating his patient.

6. The 1987 Philippine Constitution The Constitution is the law of the land and everyone must

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follow it. A licensed practitioner is also a citizen of a state and therefore he/she must also obey the law. As stated in the Section 3 of the Civil Code of the Philippines state that: “Article 3. Ignorance of the law excuses no one from compliance therewith.” The privilege of being a licensed practitioner may be taken away when one disobeys the Section 24 of the Medical Act which states: “Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any of the following shall be sufficient ground for reprimanding a physician, or for suspending or revoking a certificate of registration as physician:

(1) Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude;

(2)

Immoral

or

dishonorable

conduct;

(3) Insanity;

(4) Fraud in the acquisition of the certificate of registration;

(5) Gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to

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or death of the patient;

(6) Addiction to alcoholic beverages or to any habit forming drug rendering him or her incompetent to practice his or her profession, or to any form of gambling;

(7) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice, clinic hours, office and home address, are mentioned.

(8) Performance of or aiding in any criminal abortion;

(9) Knowingly issuing any false medical certificate;

(10) Issuing any statement or spreading any news or rumor which is derogatory to the character and reputation of another physician without justifiable motive;

(11) Aiding or acting as a dummy of an unqualified or unregistered person to practice medicine;

(12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical Association.

Refusal of a physician to attend a patient in danger of death is not a sufficient ground for revocation or suspension of his registration

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certificate if there is a risk to the physician's life.” These provisions embrace one of the issues that encouraged the proponents to study: what if the doctor will not use marijuana to treat his patient because the drug is illegal here in the Philippines.

7. United Nations Declaration of Human Rights Section 3 of the Universal Declaration of Human Rights states that: Everyone has the right to life, liberty, and security of person.

This is self-explanatory in its meaning that we all have the right to life, and to live in freedom and safety. The United Nations’ actions and decisions are founded on these principles. They serve as the backbone and basis of how each individual is free and have rights that he should be able enjoy up to its full extent. Our country being one of the active members of the United Nation, and a signatory to the United Nations Charter, it is only imperative that we abide by each of the UN’s principles and uphold each of its concepts. To say that each and every one of us has the right to life, it should go without saying that this should also come with being given the proper cure and medicine for the benefit of our health and the betterment of sicknesses that we may acquire. If one’s life were to be

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in peril due to an illness that only cannabis can cure, then cannabis should be immediately provided in order to ensure our life and security by all such means. It is a proven fact that cannabis has been known to cure certain illnesses with great affectivity. In addition to this, not only would it be incredibly affordable, but it would be easy to gain too. That is if it is legal. One should not be deprived of the necessary medicine in order to secure his own welfare. Furthermore, if marijuana was legal, it has a high possibility that it could be provided for a very cheap and affordable price. Many unfortunate people cannot come up with ways to cure a member’s chronic illness or debilitating medical condition simply because they do not have enough money that is needed in order for them to be able to provide the proper medicine. Thousands die each year because of the lack of money resulting to the inability of buying proper medicine. If there is a hint of possibility that a cheaper, more accessible alternative can be used for the same beneficial effects, then why should it be made illegal and immoral? If life, liberty, and security are the main reason for having laws, then assurance of proper care along with the proper medicine should be consistent with it. Cannabis has been proven to cure such debilitating medical conditions under the right circumstances, so if it could serve as a much cheaper alternative to other medicines that are difficult to

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get hold of, then it should just be regulated like any other medicine. Why should its proven positive effects be kept from the public if these effects, in a way, could possibly secure a person’s right to life and welfare? 8. SYNTHESIS OF REVIEW OF RELATED LITERATURE The Synthesis will include a summary of all the literatures reviewed. Also, it will serve as a basis with regard to the relation and connection of this to the studies included in this chapter to the study that we have conducted. The laws, bills, and researches that we have used in this chapter aim to support our own study and provide it with a foundation. The Hippocratic Oath by the philosopher Hippocrates explains the responsibilities and duties of the medical practitioner or doctor. This Oath is what doctor’s take before being able to practice medicine and thus this is their main source of reference when dealing with their patients. Medical marijuana although is considered illegal, is a vital substance that is used to cure chronic illnesses. We cannot deny this fact as doctors and researchers all around the world have tested and prescribed these drugs to many. Those are the doctors that follow this Oath; they will use everything in their power and resources to remedy the patient no matter what the circumstances they may be in. Through legalization, we can follow and abide by the Oath so the medical and

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legal factors may not arise in conflict with each other. Medical Ethics as understood by the common-people is that the ethics by which medical practitioners follow in dealing with their patients as it is seen by the community. We look at this as a general point of view by the public all around the world that thinking like an ethical doctor will give patients comfort and certainty about their stay in their care. The substance we are trying to use may not be seen by the other people as a mode of ethics but as and immoral doing. Marijuana has given the bad impression due to its history and its classification as a drug but we researchers try to look at the point of view in which what would it take for the doctor to cure the illness? Is it reasonable to do something considered un-ethical by the public and to let the patient die? We try to prove that this drug should be considered ethical. In relation to our study, we made mention of Republic Act 9165 also known as Dangerous Drugs Act of 2002. By elaborating on this act, we seek to inform people on how the government deems and considers drug which are dangerous and those which are less dangerous. Because of this, we can somehow create an illustration to further explain to the public the distinctions and differences between every drug and each of their corresponding side effects. Also, one of our main objectives was to distinguish marijuana from the rest of these

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much more harmful drugs and explain how it is different. This is to raise awareness that drugs should not be stereotyped and generalized because they all have their own effects and properties. We also used House Bill 4477 or the Compassionate Use of Medical Marijuana Bill. This is a pending bill that aims to legalize the use of medical marijuana in the Philippines. We related this to our study in order to exhibit the possibilities of the legalization of marijuana in our society. With regard to this, we also aim to see why marijuana should be legalized and regulated or why it shouldn’t as it is stated in this bill. This bill serves as a pillar of foundation for any potential legalization of medical marijuana in our country. The focus of our study is this exactly so without a doubt, we can completely use this bill as a basis relating to our research. The researchers used the Medical Act of 1959 as well to discuss that even the students of medicine must also study particular practices in order to become a professional, and that they need to know the rules in concerns of the prohibition and prescription of certain drugs. Marijuana, as an illegal drug, is now being used by some doctors to treat their patients to cure or to lessen their disease. In this Act, the researchers can somehow perceive the side of the doctors in knowing the rights, duties and obligations of the law of medicine. This can help

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the researchers to know whether marijuana can really be legally used in curing certain illnesses. The 1987 Philippine Constitution was also a basis in this study. A part of the constitution discusses about the medical practitioner's consequences when he/she disobeys the law. Basically, medical practitioners are also citizens of the Philippines, and they too must obey the law. With this, people cannot argue with the medical practitioners on why they somehow do not prescribe marijuana here in the Philippines. The research also utilized the United Nations' Declaration of Human Rights which stated that every person cannot be deprived of life liberty and security - which can include health benefits, freedom of speech, and the like. Here, the researchers discussed the legality of marijuana on the basis of one's human right. If this is the sole context used, then the legalization of marijuana would be of great benefit to help and sustain one's good health in certain cases.

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CHAPTER 3: METHODOLOGY 1. Research Design In regards to our main topic which is to see, analyze and scrutinize the Perspective of University Belt students in the Legalization of Medical Marijuana in the Philippines, we researchers will utilize the Case Study Research Method. We think it reasonable to adhere to such method for the same excels at bringing an understanding of complex issues extending on considering the ideas and thoughts of those who have attended the universities and colleges around the Sampaloc Area for their exposure and environment for which the streets of Manila are sometimes known for and the researches we have conducted ourselves. It involves the selection of the year levels

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which are essential to the study, evaluation, analysis and their own perspective given that their time during their college years may have affected their way of thinking about the concept of medical marijuana. This quantitative research method is the best one to be used because of the nature of the study which involves an examination of comments and opinions regarding the issue that we are trying to tackle; also we are dealing with a large sample size and we used Random Sampling in choosing them. The Case Study Research Method serves as an empirical inquiry to an investigation of the statistical survey that we will be conducting. Furthermore, this research method is best applied when there is not much known about the subject, thus even though Medical Marijuana has its advantages and disadvantages proven, we still cannot see the true potential of its capabilities as a helpful medicine. Although analyzing the results of the survey which we will be conducting will be able to answer the issue, we know that there is a much bigger issue due to its conflicts with the law and thus we cannot make a Statement of Fact regarding the issue, this study will show the ideas only. Aside from the Case Study Research Method then, we intend to use the Descriptive Research Method. Under it we need to collect

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valuable and a large amount of data in order for us to come up with a more detailed analysis of the subject. By providing surveys, we have to sum up even the smallest factors such as age and location in order for us to come up with a reliable output. The factor of location is important for the purpose of our title itself which will be concentrated through random sample in Manila City that are of legal age and are part of the University Belt Population. As you may know, there has been a case specifically here in our country about the inability to use medical marijuana as a cure for purposes of its illegality. This research will be able to find the answers from the general population about those incidents and if it may develop their senses into considering this idea. 2. Sample Size and Sampling Design Population Size University of Santo Tomas Students

45,000

University of the East Students

23,000

Far Eastern University Students

37,000

National University Students

18,000

University of Manila Students

9,000

Arellano University

_

15,000_____

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Total Population Size:

147,000

Sample Size The Slovin’s Formula and a 5% margin of error is used to obtain the sample size needed from the population. n = __ N____

n=

147,000______

n = 399 1 + (Ne²)

1 + (147,000 x 0.05²)

*The sample size of 399 was obtained using the Slovin’s Formula. 

The Stratified Random Sampling technique was used to determine how many samples will be needed per group of University Belt Students. University of Santo Tomas Students 45,000/147,000 x 399 =

122

University of the East Students

23,000/147,000 x 399 =

63

Far Eastern University Students

37,000/147,000 x 399 =

100

National University Students

18,000/147,000 x 399 =

49

University of Manila Students

9,000/147,000 x 399 =

24

Arellano University Students

15,000/147,000 x 399 =

41

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= 399 The Total will be 399 samples. The above mentioned are numbers to be used as limitations in the category of respondents and their respective universities in Sampaloc, Manila. Random sampling was used in this research to give every element of the population a non-zero chance of being selected as a sample. Stratified Random Sampling was used to ensure that each subgroup (UST, UE, FEU, AU, NU and UM Students) in sample is proportional to the subgroups in the population. The computed number of samples that will be used in determining the respondents of the survey is not the only source of information for analysis. Larger sample size is to be conducted for the purposes of trying to get the ideas mainly from people that are in the University Belt area of Sampaloc, Manila. By this we can at least get an idea about their ideas and views plus their own perspective regarding medical marijuana. 3. Data Gathering/Collection Instrument This research will make us of indirect method of data collection. The indirect method, commonly known as the questionnaire method this will also be adopted in this research. Likewise, the researchers constructed a structured questionnaire which contains 5

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Likert Scale questions determining how much they agree or disagree with a particular statement in terms of agreement, importance, and adequacy, 10 close-ended questions answerable by Yes or No, and 5 dichotomous questions or multiple choice. The questionnaire constructed by the researchers is structured in a manner that the questions will be easily answered and easily understood by the respondents and is limited only to the essential information needed in this particular study. Questions are also arranged in a way that the opinion or view of a respondent regarding the legalization of medical marijuana will be determined. The aim of the researcher’s in employing both the direct and indirect methods of data collection is to gather and obtain actual information from different people. 4. Data Gathering Procedure Through

the

aforementioned

data

gathering

instrument

us

researchers will go around the streets of Manila City trying to talk to these students with their permission to get them to answer our survey for academic purposes. Those that will not be able to get to our fixed requirement in the targeted universities in Sampaloc, Manila will be disregarded in the analysis of the study.. All surveys that qualify for our analysis shall be kept by us and will be given for purposes of evidence. Some surveys may appear on-line

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for practicality of our friends their common friends if ever they would allow us to explain our survey for them to understand its purpose. Names in the survey may be optional for the purpose of protection from the judgment of the common good. The public may judge these people in their response to our survey. Our topic is clearly a sensitive one and may trespass the law; thus making us use the survey for purposes of research and analysis only. 5. Data Analysis The analysis of the study will be from the facts that are stated from the survey. From the background of the samples, we can clearly provide an insight on how they think about the legalization of medical marijuana in the Philippines. Each sector of the 399 samples provided by us will be closely weighed and will be subject to clear analysis by us researchers in their respective provinces and its customs and traditions. . By the quantitative research design, us researcher will be able determine through opinion-based information about the issue of “the legalization of medical marijuana”. As a democratic country, even the public has the right to react in the enactment of the law, thus comments should be gladly accepted by those that will have the capacity to intervene with the law.

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CHAPTER 4: ANALYSIS AND INTERPRETATION OF DATA The following data has been gathered from the 399 samples that we have approached and was able to get data regarding our survey: Question 1: Do you know what marijuana is?

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INTERPRETATION: With regards to the basic idea of “Marijuana”, 98.99% of them have an idea of what is Marijuana either in their medical context or the recreational context which shows that most of our respondents have a grasp of what is the object of our study.

Question 2: Are you aware that Marijuana is a dangerous drug? (In accordance with the Dangerous Drug Act, R.A. 9165)

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INTERPRETATION: 81.45% of our respondents are aware that Marijuana is considered to be a Dangerous Drug within Republic Act. 9165 which shows that majority of the respondents show awareness on Marijuana. 18.55% of the respondents however are not aware. Due to the fact that maybe it is considered dangerous in the idea itself, some of the respondents are have no idea of the act penalizing the use or possession of Marijuana.

Question 3: Do you know anybody that uses this drug and abuses it?

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INTERPRETATION: Majority of the respondents, specifically 57.39% of them have knowledge about people who uses Marijuana and are found to be abusing it. This focuses on the recreational use of Marijuana of some of the peers or acquaintances of the respondent which we cannot fully distinguish due to some personal limitations. 42.61% of them however do not know any people who use and abuse this drug which shows how the respondents think that Marijuana will not be abused due to its benefits and disadvantages.

Question 4: Do you have any knowledge with regard to its effects?

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INTERPRETATION: 84.46% of the respondents answered with an affirmative answer regarding the effect of the drug. We cannot ascertain however the specific effects to which some people have really no clue about unless they have mastery in the medical world. 15.54% chose a negative answer to show how they have no clue about the effects which pertains to their personality of having no connection from those who use this illegally.

Question 5: Do you believe that marijuana has medical effects and can be used as medicine to treat certain illnesses?

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INTERPRETATION: 334 of our respondents believe in the supposed medical benefits of marijuana and can be used to treat illnesses. Some factors maybe from those who know users that have been affected or researches from other medical practitioners. 16.29% of the respondents however does not believe this fact maybe from the idea that anything that is illegal is bad and frowned upon and that they may have come up an assumption with regards to its effect in the individual.

Question 6: Do you think that people should be informed and be given substantial knowledge about all the aspects of marijuana and all of its effects?

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INTERPRETATION: Respondents with a percentage of 89.72% agreed to the dissemination of information about the drug. This may be for the proper settlement of what is marijuana and to avoid confusion about the drug itself. The factor of curiosity may also be applied here as we are all humans who have desire to get information.10.28% however disagreed about the information to be spread out. This may be from the factor of close mindedness of some individuals to accept populace ideas. Other factors can be due to its illegality, it may open up controversies which would lead to chaos.

Question 7: Are you aware that there is a pending bill that aims to legalize marijuana? If yes please answer #8 and #19.

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INTERPRETATION: Almost half of the sample (disregarding those who abstained) are in conflict in our question regarding the knowledge of the pending House Bill 4477 or the Compassionate Use of Medical Marijuana. It shows that the concept of the bill is very well unknown to the public and it should be given emphasis for this drug is very controversial to our society today.

Question 8: Would you support this bill and its possible legalization of marijuana?

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INTERPRETATION: We believe that this is a striking question in our survey. Some people didn’t bother to follow the instruction regarding it so we shall count those who answered in regards to this. 54.44% of the respondents would gladly support this bill if given the chance to vote for the passing of this bill while the other 45.46% of the respondents who gave time to answer this would not support this bill as it would only lead to very risky move in our society which they would think would lead to abuse.

Question 9: If the legalization of marijuana was a success and enacted by the Republic of the Philippines, do you think there would be an impact economically and socially?

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INTERPRETATION: 1.74% of the sample size abstained from this question due to their unsure idea of complication that would lead to the legalization of medical marijuana in the Philippines. However 84.21% of the sample gave agreed that there would be an impact in our society because we can all agree that something like this would lead to a huge effect in our economy and social lives.

Question 10: Do you think that people who are in dire need of marijuana for medical purposes but get it underground (illegal distributors) are unlawful people?

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INTERPRETATION: 52.38% of the respondents believe that people who get the drug illegally are to be considered criminals in the eyes of the State. These people still believe in the power of the law but surprisingly almost half of them disagree with a percentage of 47.37% of them considers them as common people who set aside values and the law in order to do something with their own use of this drug for unknown reasons.

Question 11: Do you agree that marijuana should be kept illegal because it is deemed by society as a danger to one’s health?

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INTERPRETATION: The researchers opted to combine the ideas of Strong and its common conception of the agreement and disagreement into 2 individual groups for better understanding and that we concluded that it only has the same idea but in a different degree only. Those who strongly agreed and agreed are mainly 152 (38.10%) and 58 (14.54%) which build up to 52.64% of the sample size believe in the idea of the society about marijuana and that it still should be deemed illegal due to the existence of danger that might lead to its legalization. 153 respondents (38.35%) and 34 respondents (8.52%) disagreed and strongly disagreed respectively believe that the illegality of a certain thing is not within the range of its dangerousness but should be weighed with its benefits to our society especially about marijuana. Question 12: If people had more knowledge about marijuana and its proven medicinal attributes and healing properties, do you

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agree that they would still look down on it and consider it a danger to society?

INTERPRETATION: 171 (42.86%) of the respondents agreed parallel to those who strongly agreed with a number of 54 (13.53%) respondents;

compared

to

those

who

disagreed

140

(35.09%)

respondents in relation to those who strongly disagreed which has 31 (7.77%) respondents. We can see here that knowledge of marijuana is really a factor in how society sees this particular drug. In explaining its benefits and attributes, this might help lead the way in helping to understand those who cannot absorb the essence of the drug’s use in society.

Question 13: Do you agree that a person who is sick should be given the proper medicine needed in order to cure him?

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INTERPRETATION: By a landslide, the idea of agreeing to this significant matter of moral and values beats those who disagree regarding this matter. 240 (60.15%) of the sample expressed their strong agreement to this matter as to a person must be given the proper medicine in order to cure him/her; in connection with this, 134 (33.58%) of the samples agreed to this idea while 21(5.26%) respondents combined with the answers of those who disagreed and strongly disagreed. We can see that medical ethics is present in the output of this question and therefore if proper medicine be marijuana, it should be stated that the reputation of the drug is no longer an issue regarding someone’s life. Question 14: If marijuana could cure a person, do you agree that it should be made legal so that it could be easily accessed by any person who is in need?

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INTERPRETATION: The accessibility of the drug is now to be analyzed in from those respondents who voiced their strong agreement 102 (25.56%), agreed 192 (48.12%), strong disagreement 22 (5.51%) and those who disagreed 80 (20.50%). From the chart we can conclude that through effectiveness of the drug, it must be connected to easy access of the drug to ensure its availability for the persons who are in dire need of the effects of the drug. Although 26.01% of the respondents disagreed for the fact that even though it is effective, some drug should require prescription by a professional due to the history and reputation of marijuana itself. Question 15: Do you agree that marijuana, having some medical benefits, should also be allowed to be sold in pharmacies and prescribed by doctors?

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INTERPRETATION: 168 (42.11%) and 69 (17.29%) of the samples have the idea to affirm that due to the effects of marijuana, it should be sold in local pharmacies around the Philippines and should be described by professional doctors because in through these mediums, there exists a fiduciary relationship in regards to their role in society and thus will be considered safe and reliable. Respondents who disagreed to the idea particularly 109 (27.32%) and those who strongly disagreed which is 49 (12.28%) clings to the idea that authorized agencies and other experts who have knowledge about the usage and dosage of marijuana have the right to release these drugs and should not be easily accessible to the modern mass for proper screening of those who are planning to use them. Question 16: What comes into your mind when you first hear the word “marijuana”?

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INTERPRETATION: These are the conceptions of the samples of themselves when they hear the word marijuana in public places or maybe even in private places. The highest which 153 (38.35%) of the respondents understand it as an illegal drug prohibited by law while placing in second with 125 (31.33%) respondents answering this is a drug with possible medical benefits that will be a great contribution to the medical field; third with 72 (18.05%) respondents understood marijuana as a drug used purely for recreational purposes and mainly focuses to alter an individual’s state of consciousness. Other definitions of people are mainly anti-depressants, a plant genus (cannabis), weeds, herb and happiness. This choice covered 44 (11.03%) of the answers taken from the survey. Question 17: What kind of effect do you think the legalization of medical marijuana would have on society?

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INTERPRETATION: This question focuses on their perspective on what will be the effect if legalization pushes through as a law of the land. Being beneficial was affirmed by the respondents with 151 (37.84%) who chose this effect while being harmful was answered by 150 (37.59%) of the respondents. The decision on that it will have no effect on society and will just stay the same had 65 (16.29%) answers. Other effects stated by respondents are that it would be controlled by the government for their

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own corrupt purposes, it will depend on the users, risky and dangerous, more awareness and fewer stigmas to the users and there would be abuse over better health. These choices were taken up from 30 (7.52%) respondent of the samples. Question 18: What is your opinion about people who use this drug for recreational purposes?

INTERPRETATION: In this scenario, we researchers try to get the opinion on those who use it for recreational purposes as they are a big factor and will be affected heavily if ever the legalization of marijuana is pursued. Those respondents who have no concern in relation who use it for recreational purposes have a number of 178 (44.61%), those who consider them as “addicts” in a sense that it is part of their lifestyle on maybe a daily, weekly or monthly basis of usage are numbered 106 (26.57%) and those who think that they might be using it for the medical effects for their own personal reasons are 69 (17.29%) respondents. Other

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reasons for these people who use marijuana for recreational purposes are peer pressure, problematic and needs and outlet for stress, curiosity, doing it for fun and to be cool. Respondents who answered this are 41 (10.28%) respondent of the sample size.

Question 19: What are your thoughts on the pending house bill that aims to legalize marijuana?

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INTERPRETATION: This question focuses on their perspective regarding House Bill 4477 or the Compassionate Use of Medical Marijuana Bill. The top choice chosen by 182 (54.49%) respondents was that it would open doors for beneficial properties that marijuana may have that could cure illness and thus are agreeing for the passing of this particular bill, however 69 (20.66%) of the respondents in the study argued that it will not change anything in relation to the pending bill maybe for the reason that this premise will not affect the economy drastically; another opinion about the bill is that it is immoral and this bill should be considered a disgrace considering the standing of our country as a major Catholic population, this opinion was said by 58 (17.36%) respondents. Some of the other answers are as follows: (a) given the undisciplined population of this country, no matter how law the good is, there is always someone who will abuse it, (b) not sure, (c) it will bring many benefits to

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the country, (d) dangerous as people will have access to this drug and (e) could be legalized but should be accompanied with strict policies and guidelines in its access and usage;

25 (7.49%) of the respondents

answered with these alternative opinions.

Question 20: How would this bill benefit our society?

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INTERPRETATION: This premise gives highlight to the benefits that the House Bill 4477 or Compassionate Use of Medical Marijuana bill will bring in case of its promulgation in terms of societal functions in the Philippines. First, 192 (48.12%) of the respondents answered with that it would pave the way for curing chronic illnesses such as cancer and epilepsy. Next opinion about the bill is that it would cause chaos in our society meaning that this would likely lead to abuse of the drug and may lead to complications in our livelihood as citizens of the Philippines in terms of the people, place and other day-to-day functions that are to be encountered; 93 (23.31%) respondents answered with this. The opinion about it would not change a thing about the society and it will just stay fit to our basic and daily needs as part of the population were encouraged by 84 (21.05%) of the respondents. Other opinions stated by them specifically are maybe to cure some illnesses, same way as alcohol

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boosts society; it might boost the economy but not the state of mind of the people, many people would be desperate for the drug, its potential benefits do not outweigh the harmful effects and can’t be foreseen unless it is implemented; these are from the 26 (6.52%) respondents. CONCLUSION: Through the survey and data gathering that we conducted, it can be found that marijuana is indeed a very popular and well-known drug in our country. A majority of the population is aware that it is also considered as a dangerous drug and is illegal in our country. Through our study, we found that marijuana is indeed very rampant among students that are in college and that they are also quite familiar with regard to its effects. Seeing as most of the samples taken are aware of the effects, a majority of them also believe that marijuana may be used as medicine. To support this, most of the samples also believe that proper and complete information about the drug should be disseminated for the purpose of deeper understanding and knowledge with regard to its effects; whether bad, good, positive, negative, harmful, or beneficial. Once asked if they were aware of a bill that aims to legalize marijuana, there was a close gap between those who said yes and those who answered no. Upon asking this, we found that a great portion of the samples answered that they would be willing to support the bill that aims to legalize the use of

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marijuana. As expected, an enormous number of the samples agreed that there would be an obvious impact economically and socially if this bill were to be enacted. Despite the number of people claiming to support its potential legalization, there were a lot of samples who thought that people who got illegal and underground access to marijuana, be it medical or whatever are deemed unlawful, even criminal. With regard to this, more people believed that marijuana should be kept illegal as it is considered dangerous in our society. Furthermore, there were also more people who agreed that marijuana would still be frowned upon even if society was given more substantial knowledge about the effects of it. Winning by a landslide, a gigantic portion of the samples agreed that people with a sickness should be given the proper and needed medicine. With regard to this, a significantly large amount of the samples also agreed that marijuana should be easily accessed and made legal to those who need it as a medicine. A larger portion also answered that the sale of marijuana, with its medical benefits, in pharmacies and through prescription should be made legal. Although it was a close race, a larger amount of the samples understand marijuana to be an illegal drug rather than a drug with medical benefits. More samples believed that the legalization of marijuana would prove to be beneficial, but a significant number also believed that the effect would be harmful. Most of the samples do not care and have a

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neutral opinion about those who use marijuana for recreational purposes and a large portion of them agreed that the bill that aims to legalize marijuana would pave a positive and beneficial way in the discovery of cures for a number of illnesses. Using this research, we were able to find out about the varying impressions and perspectives of different students around Sampaloc, Manila about the possible legalization of marijuana and their different opinions about the potential outcome. Furthermore, this study aimed to give these students an insight about it and we, the researchers, fulfilled that by specifying the pros and cons of the said drug. Through the use of questionnaires, we obtained the opinions of students about the drug, the bill that aims to legalize it and their judgments on whether marijuana should be legal or not. The gathering of data started on March 13, 2015 and ended on March 16, 2015. We chose a sample from a formulated population size coming from different schools around the area.

CHAPTER 5: SUMMARY, RECOMMENDATION AND CONCLUSION Summary: The main problem of this study is to know the perception of students around Sampaloc, Manila, about the legalization of marijuana in

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the Philippines. To accomplish that objective, more investigation about the said drug was done. The components regarding medicine, the ethics of medical practitioners, the possible diseases that the drug can heal or lessen were explored. Also, we analyzed the impact of the legalization in the rights of a person, the Republic Act 9165 or Dangerous Drug Act of 2002, and the pending bill about the legalization of marijuana. After that, we determined the areas and the people who will be asked about their concern relating to the problem. After those paces were done, the research was able to move on. We used a survey questionnaire that can be sent to other people through the internet. Respondents were asked to answer twenty questions regarding their knowledge about the drug, their side on whether it should be legalized or not, their view on the people who uses it for medical and for recreational, and for their outlook on the effects in the society when the drug becomes legal. Through the use of the survey questionnaire, we collected the ideas of the random students concerning their view on the legalization and effects of marijuana, and were able to create a conclusion on this study. Recommendation: Although the majority of the samples accepted the legalization of marijuana, we are not fully certain if the drug can cure diseases, or must

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be authorized by the law, while the lawmakers need to be sure first before legalizing this drug, that marijuana really is dangerous and can destroy the society. The results of the study recommend that the government should enact a law on legalizing marijuana, but with strict counsel that it should only be used for medical purposes, and not for pleasurable acts. We recommend further studies in relation to this topic to further expand the respondents involved in the study. Due to the feasibility of the study, we were only able to gather information regarding the students inside Manila. Although this is a huge factor in those that are involved as they are the future adults of this era; the expansion of respondents must be realized in order to come up with a much better conclusion regarding the

perception

of

the

populace

regarding

House

Bill

4477

or

Compassionate Use of Medical Marijuana.

Conclusion: To come to a conclusion, we find that marijuana is indeed a highly notorious drug in our society as well as most. But through research and data gathering, it has also been proven to have medical attributes as well. It is only right that proper and complete information should be provided to the public about marijuana and all other things as well. The influence and

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change that information brings is unarguably a very powerful factor regarding what people believe in and what they should choose to believe in. Information about the properties of marijuana is insufficient and biased in many aspects. The possibility of marijuana being able to open opportunities and make breakthroughs in the world of medicine has and will always be considered by researchers and innovators around the world. If there is such proof that marijuana may cure certain illnesses and chronic diseases, then why should people be so disgusted by habitual users and those who use it for recreational purposes? The public lacks sufficient knowledge about all of its properties and attributes. In the previous chapter of our study, the data that we were able to gather prove that a majority of the samples agree that they should be given more substantial knowledge about the full and unbiased effects of marijuana, this is in spite of them having enough knowledge that marijuana is indeed illegal and considered harmful in our society. This is so that they may also be the judge as to whether marijuana should be legalized or not. After all, how would the public give opinions about its legalization without them having sufficient knowledge about the subject? To sum it all up, although there were some inconsistencies, we were able to find that more people agree to the legalization of marijuana given its medical properties. To further elaborate, we can see that this is

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all consistent and on par with our null hypothesis which states that: “The legalization of Marijuana can play an important role in leading to multiple methods of curing a number of chronic diseases and other similar illnesses”. As we can see, the proposed hypothesis proved to prosper in terms of favorability with regard to the strength of the argument.

APPENDICES I.

REFERENCES

Bibliography Association, P. M. (2008, September 22). Code of Ethics of the Philippine Medical Association. Retrieved November 19, 2014, from Philippine Medical

Association:

https://www.philippinemedicalassociation.org/downloads/pma-

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codes/FINAL-PMA-CODEOFETHICS2008.pdf Association, P. M. (n.d.). Hippocratic Oath. Retrieved November 19, 2014, from PMA. Bellosillo, J. N. (2010). Basics of Philippine Medical Jurisprudence and Ethics. Quezon City: Central Book Supply. Board, D. D. (n.d.). Can dangerous drugs be prescribed for therapeutic purposes? Retrieved November 19, 2014, from Dangerous Drug Board: http://www.ddb.gov.ph/legal-services/ddb-certification/46-sidebar/68-faqs Collins, S. P. (2014, August 26). Legalizing Medical Marijuana Can Help Prevent People From Overdosing On Painkillers. Retrieved November 12, 2014, from

Think

Progress:

http://thinkprogress.org/health/2014/08/26/3475949/medical-marijuanapainkillers/ Estrada, S. J. (2002). Senate Bill No. 674. Retrieved November 19, 2014, from Senate: http://www.senate.gov.ph/lisdata/81856680!.pdf Fred, A. (2014, September 5). Legalize Marijuana in the Philippines? Retrieved November 19, 2014, from attyatwork: http://attyatwork.com/legalizemarijuana-in-the-philippines/#more-3278 Geronimo, J. Y. (2014, May 28). Bill on medical use of marijuana filed in Congress.

Retrieved

November

19,

2014,

from

Rappler:

http://www.rappler.com/nation/59118-compassionate-use-medical-

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cannabis-bill Jones, D. (2013, November 11). Chris Christie Signs Medical Marijuana Bill, Increasing Access for Children. Retrieved November 19, 2014, from Huffington

Post:

http://www.huffingtonpost.com/2013/09/11/chris-

christie-medical-marijuana_n_3909162.html M.D., L. G. (2005). History of Cannabis as a Medicine. Retrieved 19 2014, November,

from

Maps:

http://www.maps.org/mmj/grinspoon_history_cannabis_medicine.pdf Nations, U. (1948, December 10). Universal Declaration of Human Rights Official Document. Retrieved November 19, 2014, from Human Rights: http://www.humanrights.com/what-are-human-rights/universaldeclaration-of-human-rights/articles-01-10.html NCSL. (2014, November 7). State Medical Marijuana Laws. Retrieved November 12,

2014,

from

National

Conference

of

State

Legislatures:

http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx Pedrasa, I. (2013, October 7). How to access medical marijuana in PH. Retrieved November

19,

2014,

from

ABS-CBN

News:

http://www.abs-

cbnnews.com/focus/10/07/13/how-access-medical-marijuana-ph Philippines. (1987). The 1987 Constitution. Philippines, S. C. (1988, February 23). G.R. No. L-69844. Retrieved November 19,

2014,

from

The

LawPhil

Project:

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http://www.lawphil.net/judjuris/juri1988/feb1988/gr_l_69844_1988.html Veatch, R. M. (2012). The Basic Bioethics. New Jersey: Pearson Education. Young, S. (2013, August 7). Marijuana stops child's severe seizures. Retrieved November

19,

2014,

from

CNN:

http://edition.cnn.com/2013/08/07/health/charlotte-child-medicalmarijuana/

II.

SURVEY

Good Day Sir/Ma’am We Senior Students of University of Santo Tomas, Faculty of Arts and Letters, Major in Legal Management are seeking your cooperation and your honest opinion regarding our thesis proposal “Perspective of University Belt Students in the Legalization of Medical Marijuana in the Philippines”. As a person residing in Manila, we think that you are exposed to this issue more that’s why we chose you to be our respondents.

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We pray for your valid participation to our study. Your ideas and thoughts are always welcome to us. The choice to abstain from any of the questions is not discouraged. We know that this is a controversial and sensitive study and we cannot force you to answer us whole mindedly. Statement of the Problem: “Whether or not the law should legalize the use of medical marijuana”

NAME (Optional): _____________________________________ AGE: _______ COLLEGE/UNIVERSITY: ________________________________ YEAR LEVEL: _____________ COURSE: _______________________

1 Do you know what marijuana is? Yes

No

2 Are you aware that Marijuana is a dangerous drug? Yes

No

3 Do you know anybody that uses this drug and abuses it? Yes

No

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4 Do you have any knowledge with regard to its effects? Yes

No

5 Do you believe that marijuana has medical effects and can be used as medicine to treat certain illnesses? Yes

No

6 Do you think that people should be informed and be given substantial knowledge about all the aspects of marijuana and all of its effects? Yes

No

7 Are you aware that there is a pending bill that aims to legalize marijuana? If yes please answer #8 and #19. Yes

No

8 Would you support this bill and its possible legalization of marijuana? Yes

No

9 If the legalization of marijuana was a success and enacted by the Republic of the Philippines, do you think there would be an impact economically and socially?

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Yes

No

10 Do you think that people who are in dire need of marijuana for medical purposes but get it underground (illegal distributors) are unlawful people? Yes

No

11 Do you agree that marijuana should be kept illegal because it is deemed by society as a danger to one’s health? Strongly Agree

Agree

Disagree

Strongly Disagree

12 If people had more knowledge about marijuana and its proven medicinal attributes and healing properties, do you agree that they would still look down on it and consider it a danger to society? Strongly Agree

Agree

Disagree

Strongly Disagree

13 Do you agree that a person who is sick should be given the proper medicine needed in order to cure him? Strongly Agree

Agree

Disagree

Strongly Disagree

14 If marijuana could cure a person, do you agree that it should be made legal so that it could be easily accessed by any person who is in need? Strongly Agree

Agree

Disagree

Strongly Disagree

15 Do you agree that marijuana, having some medical benefits, should

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also be allowed to be sold in pharmacies and prescribed by doctors? Strongly Agree

Agree

Disagree

Strongly Disagree

16 What comes into your mind when you first hear the word “marijuana”? A drug used purely for recreation An illegal drug A drug with possible medical benefits Others:_______________________

17 What kind of effect do you think the legalization of medical marijuana would have on society? Harmful and dangerous Nothing Beneficial Others:_______________________ 18 What is your opinion about people who use this drug for recreational purposes?

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They are “addicts” who have no future in life I don’t care, they are just doing what they want They might be using it because of a sickness Others:_______________________ 19 What are your thoughts on the pending house bill that aims to legalize marijuana? It is immoral and should be considered as a disgrace to our country. It is good because it opens doors for possible beneficial properties that marijuana may have that could cure illnesses It won’t change anything. Others:_______________________ 20 How would this bill benefit our society? It won’t change anything It would cause chaos in our society It could possibly cure many people with chronic illnesses Others:_______________________

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III.

CURRICULUM VITAE

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Alec Matthew Castro. He was a member of multiple dance crews and clubs and was a former member of the track and field team in his high school. Alec is currently in his fourth year in the Faculty of Arts and Letters of the University of Santo

Tomas

taking

up

Legal

Management. He was a former member of the AB Comelec, and is currently a member

of

the

Legal

Management

Society, UST- Youth for Christ, AB-Scarlet, and an active member of his high school’s Rotaract Club for Alumni. Jed Froilan Tolentino Daet is a Senior Legal Management student studying at the University of Santo Tomas. Graduate at Salt & Light Academy in his Primary Education, entered in Senator Renato Compañero Cayetano Memorial Science and Technology High School for his Secondary Education and is now a

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scholar of the city of Taguig up until this day. A volleyball varsity during his High School days, he was CAT battalion staff officer, active music enthusiast and a musician at heart. A constant member of the UST-Legal Management Society and MUSIKAT which are university accepted organizations. Jann Gabriel M. Suba is a senior legal management student in the University of Santo Tomas. He is a member of the AB Scarlet Society Basketball Team 2014-15 and Legal Management “Lex Fortius” Basketball Team from his freshman year up to present. He graduated high school in Siena College-Taytay. He's interests are playing sports, playing computer games, searching the net, and drawing.

NOTES ON STYLE The style that was used by the researchers regarding the study was

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the 5th edition of the APA format in terms of the citations for formality that is used by the university. Lastly, the style for the format of the study was based on our knowledge in our Research Methodology subject that was part of our curriculum which had the following topics respectively: Background of the Study, Review of Related Literature, Methodology, Analysis and Interpretation of Data and the Conclusion.