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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 its 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 patients 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 patients 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 practitioners 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 oppositions 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 peoples 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 patients 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 physicians
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. Its 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 werent 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 Jadens 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 patients 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 persons life. A medical practitioner has no choice but to relieve

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the patient for his suffering if he wishes as its 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 patients
condition except when it is to the latters 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
patients 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 shouldve 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 persons
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 persons life, security, and the states
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 governments 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 shouldnt the preservation of ones 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, Crohns disease, agitation of Alzheimers
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),

Parkingsons, Tourettes, 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, Sjogrens 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
patients 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:

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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:

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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 UNs
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 ones 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 members
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 persons 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 doctors 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 shouldnt 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 Slovins 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 + (Ne)

1 + (147,000 x 0.05)

*The sample size of 399 was obtained using the Slovins 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 researchers 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 didnt 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 ones 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 drugs 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 someones 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 individuals 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 cant 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/Maam


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 thats 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 ones 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 dont 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 wont change anything.
Others:_______________________
20 How would this bill benefit our society?
It wont 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 schools
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
Compaero 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.

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