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REPUBLIC ACT NO.

9165 the Comprehensive Dangerous Drugs Act of 2002
became effective on June 7, 2002
I.

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.
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.
II.

Unlawful Acts and Penalties

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals ( sec. 4)
a. Importer of dangerous drug life imprisonment to death and fine of
P500,000.00 to P10,000,000.00
b. Importer of controlled precursor and essential chemical - imprisonment from 12
years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00
c. Protector or coddler of any violator - 12 years and 1 day to 20 years of
imprisonment and a fine from P100,000.00 to P500,000.00
d. Maximum penalty of death (reclusion perpetua) plus P10 M fine to
d.1: Importer using diplomatic passport, diplomatic facilities or any other means
involving his/her official status. In addition, the diplomatic passport shall be
confiscated and cancelled.
d.2 : organizer, manager or financier of importation
2. Sale,
Trading,
Administration,
Dispensation,
Delivery,
Distribution
and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals ( sec. 5)
a. Sell, trade, administer, dispense, deliver, give away to another, distribute
dispatch in transit or transport any dangerous drug - life imprisonment to death
and a fine from P500,000.00 to P10,000,000.00
b. Sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical,
or act as broker - imprisonment from 12 years and 1 day to 20 years and a fine
from P100,000.00 to P500,000.00
c. Protector or coddler - 12 years and 1 day to 20 years of imprisonment and a fine
from P100,000.00 to P500,000.00
d. Maximum penalty
d.1 : within one hundred (100) meters from the school
d.2 : drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers
d.3 : victim of the offense is a minor or a mentally incapacitated individual or
dangerous drug and/or a controlled precursor and essential chemical be the
proximate cause of death of a victim.
d.4 : organizer, manager or financier

10 pushing activities prohibited under Section 5

1. Selling
2. Trade
3. Administering
4. Dispensing
6. Giving away to another or donation 7. Distribution
8.
transit
9. Transportation
10. brokerage

5. Delivery
Dispatching in

Elements in the violation of Section 4 or 5:
1. The offender imports, transport, delivers, sells, trades, administers, dispenses, gives
away to another, distributes, dispatches in transit or acts as broker
2. That this activity is not authorized by law
3. Offender knows that he is dealing with dangerous drugs
A. Illegal importation
2 ingredients:
a. That the ship came from a foreign place
b. Ship enters the Philippine water with intent to unload the dangerous drug
therein
Note: Importer of dangerous drug can be prosecuted either for illegal importation under
section 4 or for illegal transportation under section 5. The difference: IMPORT implies the
bringing into the country from a foreign port and not the shipment of merchandise from
one port to another in the same country. In illegal TRANSPORTATION there is no need for
the prosecution to establish that ship carrying dangerous drug came from a foreign
country. ( people vs. clemente)
B. Transportation
2 ingredients:
a. The accused carried or moved dangerous drug from one place to another
b. The accused intended to transport it
PROBLEM: “A” was apprehended by police officers for possession of ecstasy. “A” escaped
with the ecstasy and in doing so used a vehicle. However, police officers after a lengthy
chase re-apprehended him. The crime committed by “A” is?
 Illegal possession of dangerous drug. “A” cannot be held liable for transportation of
dangerous drug since his intention in using the vehicle is not to transport drug but
to escape.
C. Delivery
- Delivery although incidental to sale, is a punishable act by itself. While sale
may involve money or consideration, delivery may be with or without
consideration. If the accused is charged with illegal sale and delivery of
dangerous drug under section 5, and the prosecution failed to establish the
sale of dangerous drug, still he could be convicted for delivering prohibited
drug. Consummation of the crime of delivery may be sufficiently established
even in the absence of marked money.
D. Sale
2 ingredients:
a. There must be arrangement to sell dangerous drug for money or other
consideration
b. Offender delivers the dangerous drug
-

-

Committed once a sale transaction was consummated. The presence of
actual monetary considerations is not indispensable for the existence of the
offense.
If a buyer received the dangerous drug from a pusher for a consideration, the
latter is liable for selling drug under section 5 while the former is liable for

000.000. 5 for the crime punishable in said section is selling not buying.1 : administered. owner or operator . f.imprisonment of 12 years and 1 day to 20 years and a fine of P100.00 to P10.illegal possession of dangerous drug under section 11. PROBLEM: following the instructions of “A”. maintainer. Giving away – is defined as to make a present of. the disposition of dangerous drug is made without consideration. “B” is liable for illegal delivery of dangerous drugs. In delivery. (nullum crimen nulla poena sine lege) E. delivered or sold to a minor who is allowed to use the same in such a place.000.confiscated and escheated in favor of the government. unless he acted as poseur buyer in entrapment. distributing. PROBLEM: if the sale was cancelled prior to delivery of dangerous drug.00 to P500. and b. administering. manager or financier 4. “B” and “C”?  “A” is liable for dispatching the dangerous drug in transit. f.00 imposed upon: a.00 to P500. Dive or Resort (sec. Other punishable acts – trading. He cannot be liable for attempted to possess dangerous drug (sec.000. Dispatch means sending off dangerous drug to a particular destination. protector or coddler . and resort. dive or resort.000.000. dispatching in transit or acting as broker. A drug den is a place where drugs are habitually used by people who frequented it. He cannot be held liable under sec.000. or resort where controlled precursor and essential chemical is used or sold – imprisonment from 12 years and 1 day to 20 years and a fine from P100. Dispatching in transit – means dispatching in transit any dangerous drug and not dispatching somebody to buy or get drugs from another.life imprisonment to death and a fine from P500. . Maintenance of a Den. person or group of persons who shall maintain a den. 26) 2.2 : organizer.00 to P500. employee of a den. not being included in the provisions. 7) .00 d. Persons who shall maintain a den. the pusher shall be liable for attempt to sell dangerous drug (section 26). Maximum penalty f.000. owner shall be included as an accused in the criminal complaint. 6) a. the passing of dangerous drug to another to another may be with or without consideration. Any person who.000. while the buyer is free from criminal liability based on the following reasons: 1. giving away to another. 3.00 to P500. What are the crimes committed by “A”.12 years and 1 day to 20 years of imprisonment and a fine of P100. Dive or Resort (sec.00 e. On the other hand.000. “C” is liable for illegal possession of dangerous drugs. who is aware of the nature of the place as such. Employees and Visitors of a Den. In giving away. to donate or to make a sacrifice. dispensing. dive. Delivery is a mode of transferring possession. “B” delivered one stick of marijuana to “C”.000.000.00 c. dive or resort where any dangerous drug is used or sold . is aware of the nature of the place as such and shall knowingly visit the same Habituality is an element of the crime of maintenance of den. If owned by a third person . dive. giving away is a mode of transferring ownership.00 b.penalty of death and a fine from P1.

. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. supplied or transported to person or entity engaged in the manufacture of any dangerous drug 7. store. manufacturer of any controlled precursor and essential chemical .000.000.000.manufacturing conducted in the presence or with the help of minor/s: . manufacturer of any dangerous drug . test.000.Any clandestine laboratory was concealed with legitimate business operations. compound. Controlled precursors and essential chemicals were legitimately imported 2.12 years and 1 day to 20 years and a fine from P100. knowing.00 c.00 to P500. manager or financier 6. Upon reaching Tiburcio’s house. d. in intransit. or Any employment of a practitioner. These requisites are absent in the facts given. Apparatus. supply or transport of Legitimately imported.000.00 b. Controlled precursors and essential chemicals were sold. manufactured or procured controlled precursors and essential chemicals in diluted mixtures or in concentrated form. it is a requisite that he is aware of the nature of the place as such and shall knowingly visit the same.organizer.000. propagate. or manufacture with intent to deliver equipment.000.12 years and 1 day to 20 years of imprisonment and a fine from P100. contain or conceal any dangerous drug and/or controlled precursor .life imprisonment to death and a fine of P500.00 Chemical Diversion is the sale. produce. Thinking that it was for a mah-jong session. Maintainer or operator Owner – when he intentionally uses his property as such Employees who are aware of the nature of the place as such Visitor who is aware of the nature of the place and shall knowingly visit the same 2007 BAR EXAMINATION – Tiburcio asked Anastacio to join their group for a session. cultivate. the place was raided by the police and Anastacio was among those arrested. harvest. that it will be used to plant.00 e. instrument. process. convert. 2 elements of Chemical Diversion 1. dive or resort where dangerous drugs are used in any form. apparatus and other paraphernalia for dangerous drugs. any person who shall deliver. repack. 10) a. Anastacio agreed. grow. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (sec. Protector or coddler . distribution.000.undertaken within 100 meters of a residential. business. distributed. Manufacture or Delivery of Equipment. pack. or under circumstances where one reasonably should know. Any clandestine laboratory was secured or protected with booby traps. .000. analyze. and Other Paraphernalia (sec. church or school premises. 3. At that precise time. But for a visitor to commit a crime. 4. Anastacio discovered that it was actually a shabu session. prepare. public official or foreigner. aggravating circumstance: . manufacture.00 to P500. maximum penalty . Instrument.imprisonment ranging from 12 years and one 1 day to 20 years and a fine from P100. 5. 2. possess with intent to deliver.00 to P500. chemical engineer. 8) a. What crime can Anastacio be charged with if any?  Section 7 of RA 9165 punishes employees and visitors od den.00 to P10.The offenders under section 6 and 7: 1.

gamma hydroxyamphetamine (GHB). propagate.00 to P500.000. Possession of Equipment.and essential chemical . heroin.000. Possession of Dangerous Drugs (sec 11). administered to himself/herself. marijuana resin or marijuana resin oil. apparatus and other paraphernalia Elements are: 1.uses a minor or a mentally incapacitated individual to deliver such equipment. ingest.  10 grams or more of morphine.000. 9. Instrument.12 years and 1 day to 20 years and a fine from P100. instrument.00 to P400.00  in the case of medical practitioners and various professionals required to carry such equipment. Otherwise. or other dangerous drugs. or less than three hundred (300) grams of marijuana. regardless of the degree of purity thereof:  10 grams or more of opium. morphine. inhale or otherwise introduce into the human body .000. and  10 grams or more of other dangerous drugs such as.00 methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams.  20 years and 1 day to life imprisonment and a fine from P400. Apparatus and Other Paraphernalia for Dangerous Drugs (sec.000.6 months and 1 day to 4 years and a fine from P10.00 5 grams of opium. possess any dangerous drug in the following quantities. grow. it will be used to inject.000. a. the Board shall prescribe the necessary implementing guidelines thereof. inhale or introduce into human body The essence of violation of section 10 is the delivery of instrument for dangerous drug 8. marijuana resin or marijuana resin oil. injected. cocaine or cocaine hydrochloride. methamphetamine hydrochloride or "shabu". without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirement b. methylenedioxymethamphetamine (MDA) or "ecstasy". used to inject. trimethoxyamphetamine (TMA). lysergic acid diethylamine (LSD).  50 grams or more of methamphetamine hydrochloride or "shabu". cocaine or cocaine hydrochloride.00 to P50.000.000.6 months and 1 day to 4 years and a fine from P10. but not limited to. and those newly introduced drugs and their derivatives.00 to P500. ingest.00 c. possess with the intent to deliver.  500 grams or more of marijuana.00 to P10.00 to P50.000. instrument shall be prima facie evidence that the possessor has smoked.000. 12).000. offender delivers. offender knows or under circumstances reasonably should know that: a. consumed. heroin.000. manufacture dangerous drug b. cultivate.  10 grams or more of heroin. who.  10 grams or more of cocaine or cocaine hydrochloride.00 – 5 grams or more but less than 10 grams of opium. ingested or used a dangerous drug . life imprisonment to death and a fine from P500.00 b.000.00 to P500.  10 grams or more of marijuana resin or marijuana resin oil. if the quantity involved is less  Life imprisonment and a fine from P400. harvest. methamphetamine hydrochloride or "shabu". instrument. maximum penalty . or other dangerous drugs  12 years and 1 day to 20 years and a fine from P300. paramethoxyamphetamine (PMA). or manufacture with intent to deliver equipment or instrument 2.000.\  possession of such equipment. morphine.00 imposed upon any person. it will be used to plant.000.

00:  Provided. Offender is found positive for the use of any dangerous drug after a confirmatory test 3.The maximum penalty provided for in Section 12 The elements for illegal possession of dangerous drugs: 1. In U. Offender must be in possession of dangerous drug Mandatory drug testing to the following: 1. Social Gatherings or Meetings (sec. B will not be criminally liable because she is unaware that A was a drug use or pusher or the content of the sachet handed to her. The elements of use of dangerous drugs: 1. is she nonetheless liable under the dangerous drugs act?  No. If B was unaware that A was a drug user or pusher or that what was inside the sachet given to her was shabu. Section 11 shall apply.6 years and 1 day to 12 years and a fine from P50. at the same time and by the same person.00 to P200. As the defendant was convicted of illegal possession of opium. Applicants for driver’s license 2.Possession of Equipment.10. Such possession is not authorized by law 3. If apprehended for the second time . therefore the criminal intent to possess is absent. police. he could not be charged with illegal possession of pipe which is used in smoking opium. the opium and the pipe were found together under the floor in the same place. vs. 14) . and other law enforcement agencies Random drug testing to the following persons: 1. 12. Officers and members of military. Upon seeing the policemen and sensing that they were after him.000.S. Accused freely and consciously possessed the dangerous drug 2002 BAR EXAMINATION – A and his fiancée B were walking in the plaza when they met a group of policemen who had earlier been tipped off that A was in possession of prohibited drugs.Use of Dangerous Drugs ( sec. Poh Chi. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. Applicants for firearm’s license and for permit to carry firearms outside of residence 3. 15) .Possession of Dangerous Drugs During Parties. 13) .maximum penalties provided for in Section 11 11. telling her to hide it in her handbag. A handed a sachet containing shabu to his fiancée B.minimum of six (6) months rehabilitation in a government center for the first offense. if the person tested is also found to have in his/her possession such quantity of any dangerous drug . Officers and employees of public and private offices 2 testing methods . Students of secondary and tertiary schools 2. The offender was arrested and apprehended 2. Instrument. The policemen saw B placing the sachet inside her handbag. The offender is in possession of an item or object which is identified to be a dangerous drug 2. Social Gatherings or Meetings (sec.000. There would be no basis to impute criminal liability in the absence of animus possidendi.

the Board shall prescribe the necessary implementing guidelines  land or portions or greenhouses on which plants is cultivated or cultured shall be confiscated and escheated in favor of the State.00 to P10. B was also caught in the act of smoking marijuana. A and B were found to be positive for the use of dangerous drug.000. 13.000. after confirmatory test.organizer. PROBLEM: A was caught in the act of smoking marijuana. Surveillance of pushing activities .16).A prior surveillance is not necessary when . If the land involved is part of the public domain. resulting in his arrest following the discovery of 100 grams of the said drug in his possession. the apprehending officer was able to seize from him partially burned marijuana.000. manager or financier  12 years and 1 day to 20 years of imprisonment and a fine from P100. However no marijuana was confiscated for he was able to consume completely the drug.000. 15 for the use of marijuana.  maximum penalty .Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof (sec. unless the owner can prove lack of knowledge despite the exercise of due diligence. How to identify pushing activities 1. it is a procedure or operation sanctioned by law which has consistently proved itself to be an effective method of apprehending drug peddlers.00 to P500. What are the criminal liabilities of A and B?  A is liable for illegal possession of dangerous drug.protector/coddler Buy Bust Operation – is a form of entrapment whereby ways and means are resorted for the purpose of trapping and capturing lawbreakers in the execution of their criminal plan. Are the charges porper?  The charge of possession of shabu is proper as the mere possession of the drug is punishable but the charge of use of marijuana is not proper as sec 15 expressly excludes penalties for the use of dangerous drugs when the person tested is also found to have in possession such quantity of any dangerous drugs as provided for in sec 11. 11 for possession of shabu and violation of sec. Sec 15 not applicable since A was found to have in his possession unconsumed marijuana. B is liable for illegal use of dangerous drug. He was subsequently charged with 2 crimes : violation of sec. Since A did not consume entirely the drug. Receiving tips 2.life imprisonment to death and a fine from Five P500. B cannot be held liable for possession of dangerous drug since he consumed the entire marihuana before he was arrested.000. the maximum penalty shall be imposed upon the offender. On another occasion.00  In the case of medical laboratories and medical research centers which cultivate or culture marijuana. He was subjected to drug test and was found positive for the use of marijuana and other dangerous drugs. Entrapment operation was conducted by police.Obie Juan is suspected to have in his possession an unspecified amount of methampethmine hydrochloride or shabu.1st: Screening test which will determine the positive result as well as the type of the drug used 2nd: confirmatory test which will confirm a positive screening test 2005 BAR EXAMINATION .00 .

the crime committed is attempt to sell dangerous drugs punishable under sec. crime could not have been committed were it not for the instigation by the peace officer. Like alibi. prior surveillance would be necessary. If the poseur buyer offered to buy drugs. Police are accompanied by their informant during entrapment b. PROBLEM: If the pusher offered to sell dangerous drug. In People vs Buenaventura – the discovery of marked money on the appellant does not mean that he was caught in flagrante delicto of selling marijuana for there is no such crime as illegal possession of marked money. the idea of the crime was conceived by the law enforcer who suggest it to the accused and adopts the idea and carries it into execution. Example: convincing the accused several times to look for a den where they could smoke. but the pusher refused to sell.a. however it may weaken the credibility of the prosecution witness together with other circumstances. DEFENSES 1. it is not enough justification for any shortcut in law enforcement. Test buy operation – to confirm the illegal activities of the pusher Perfection of the contract of sale – sale is perfected at the moment there is meeting of the minds upon the thing which is the object of the contract and upon the price. 3. Baclayon – the law enforcers did not know the accused and had not conducted any surveillance. Theirs is no rule of law which requires that the buy – bust operation be made in a Kaliwaan system. Kaliwaan System – is the simultaneous exchange of the marked money and the prohibited drug between the poseur – buyer and the pusher. Other than her age. Police had reasonable ground to believe that the informer and the information given were reliable and that a crime is indeed perpetrated EXCEPT: when informer is unreliable and not enough to conclude that accused engaged in pushing activities. Disfavoured for it is commonly used 3. It is not necessary to . the latter could not be held liable for selling or attempt to sell dangerous drug. no other particular description of the accused was given by the informer. Frame – up. 5. He should be charged with possession of dangerous drug. 26 in relation to sec. In people vs. persistent pleas 2. Unless the prosecution is able to prove a connection between possessor of marked money and sale of prohibited drug. Illegality of the search A single search warrant for multiple violations – RA 9165 is a special law. Instigation – the instigator practically induces the would be accused into the commission of the offense and he himself becomes a co. the act of instigation is contrary to public policy and illegal. it is easily fabricated but difficult to prove b. instigation is a defense used by the accused and is considered an absolutory cause. Even if accused be indeed a drug pusher. Extortion and Maltreatment – considered as weak defense because of the following a. Presumption that officers performed their duty in a regular manner c.principal. but the poseur buyer immediately arrested him before the perfection of the contract of sale. presumption of innocence should be upheld. still she is entitled to full and vigilant protection of the Bill of Rights. according one search warrant may be validly issued for the violations of the Act.

00 to P50. b. Exceptions (lawful warrantless search): a.000. f.00 to P500. possession of marijuana and possession of paraphernalia. chemist.00 Practitioner – is any person who is a licensed physician. d. Fruits of the poisonous tree. in case of a manufacturer. 15. and/or Surrendered Dangerous Drugs. DOJ. distributor. the things seized are inadmissible in evidence under the exclusionary rule. Non – practitioner who issue a prescription of dangerous drug is liable under sec. importer. in the presence of representatives of the Court. dealer or retailer.) Within twenty-four (24) hours the dangerous in possession of law enforcement agencies shall. dentist. 19) –life imprisonment to death and a fine from P500.1 year and 1 day to 6 years and a fine from P10. Non – practitioners are not authorized to issue prescription. regarded as obtained from polluted source. medical technologist.000. and. c. nurse. veterinarian or pharmacist in the Philippines.00 to P10. g. 19 Who shall have the Custody and Disposition of Confiscated. Warrantless search incidental to a lawful arrest sec 12 rule 126 ROC Seizure of evidence in plain view Search of moving vehicle Consented warrantless search Custom search Stop and frisk Exigent and emergency circumstances 14.Unlawful Prescription of Dangerous Drugs (sec.000. 18) –12 years and 1 day to 20 years and a fine from P100. the custody.000. with leave of court. the poisonous tree. Seized. plant sources of dangerous drugs  Transitory Provision: a. Plant Sources of Dangerous Drugs. disposition.as consequence of the illegal search.000. 21 The PDEA shall take charge and have custody of all dangerous drugs.Maintenance and Keeping of Original Records of Transactions (sec. 40 plus revocation of the license to practice his/her profession.000.00 in accordance with sec. Controlled Precursors and Essential Chemicals:  Sec.) Pending the organization of the PDEA. 17) . in case of a practitioner.000. e.00 and the additional penalty of the revocation of license to practice imposed upon the practitioner. CORPUS DELICTI . midwife. b. or of the business. seller.obtain three separate warrants for possession of shabu. Department of Health (DOH) and the accused/and or his/her counsel. who shall prescribe dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage prescribed therein 16. be burned or destroyed.Unnecessary Prescription of Dangerous Drugs (sec.. and burning or destruction of seized/surrendered dangerous drugs shall be implemented by the DOH.

The dangerous drug is the very corpus delicti of the crime of violation of RA 9165. The innocent bystander died as a result of the stabbing. Use of dangerous drugs shall be a qualifying aggravating circumstance in the in the commission of a crime by an offender 2005 BAR EXAMINATION Candido stabbed an innocent bystander who accidentally bumped him. cannot avail of the privilege granted by the Probation Law Can influence or use of dangerous drug in an offense aggravate the situation?  Sec 25. Can the probation law be invoked?  Sec 24. Examination of subject drug must yield positive for dangerous drug 2. Should the judge allow MNO’s plea?  No. the penalty of Homicide shall be imposed in the maximum period because he was under the influence of a dangerous drug. However. method and manner of attack. The drug confiscated is the same drug presented in court Chain of custody – the movement of dangerous drugs from the time of seizure to receipt in the forensic laboratory to presentation in court. because plea. who is 30 years old. What is material to the prosecution is the proof that the transaction actually took place. Section 26. Candido was arrested and tested to be positive for the use of shabu at the time he committed the stabbing. What should be the proper charge against Candido?  Homicide because the incident which gives rise to stabbing occurred accidentally. person convicted for drug trafficking or pushing regardless of the penalty imposed by the Court. The purpose is to ensure the integrity of corpus delicti. 2004 BAR EXAMINATION MNO. During pre-trial. the Judge should not allow. Is an offender allowed to plea bargain?  Sec 23. Dangerous drug must be offered in evidence 3. he offered to plead guilty to the lesser offense.bargaining in prosecutions of drug – related cases is no longer allowed by RA 9165 regardless of the imposable penalty. There is no conscious and deliberate adoption of the means. Attempt or Conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed in this act: . coupled with the presentation in the court of corpus delicti. Any person charged regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. Requisites: 1. was charged as a drug pusher under Dangerous Drugs Act of 2002.

That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described. which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. section 26 punishes crimes involving dangerous drugs in the attempted stage. attempt to possess dangerous drug is not a crime. When can a person be considered a witness and be immune from prosecution?  Sec 33. B was about to deliver the drug to A when an undercover agent arrested both of them. any person who has violated Sections 7. Manufacture of any dangerous drug and or controlled precursor and essential chemical. Article II of this Act. trading. Hence. Can A be charged with attempted possession of dangerous drug?  No. The crime is attempted – when offender commences the commission of the felony directly by overt acts and does not perform all acts of execution. 4. 3. 11. which are sources of dangerous drugs. 2.000. life imprisonment to death and a fine from P500. PROBLEM: A gave P 100 to B for the 3 stcks of marijuana. administration. 29 for it involves planting of dangerous drug or controlled precursor and essential chemical. and 5. dispensation. attempted possession of dangerous drug is not mentioned as punishable act. who voluntarily gives information shall be exempted from prosecution or punishment Provided. A person who is guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical shall suffer the penalty of death( reclusion perpetua) PROBLEM: If a buy – bust money was planted to strengthen the case against the pusher what is the crime committed?  Not planting of evidence under sec. distribution and transportation of dangerous drug and or controlled precursor and essential chemical.000. 12.1.00 to P10. Cultivation or culture of plants. . delivery. in addition to absolute perpetual disqualification from any public office  elective local or national official who benefited from the shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government  Sec 28. Importation of any dangerous drug and or controlled precursor and essential chemical. dive or resort where any dangerous drug is used in any form. (2) Such information and testimony are not yet in the possession of the State. 14. 15.00.000. The Criminal Liability of Government Officials and Employees is maximum penalties of unlawful acts provided for in this Act plus absolute perpetual disqualification from any public office What is the penalty for planting evidence?  Sec 29. But the one who planted buy – bust money shall be liable for obstruction of justice under PD 1829. and 19. Maintenance of den. Sale. However. If the public officer himself misappropriated the drugs what is his liability? How about for government officials?  Sec 27.

secondary and tertiary curricula of all public and private schools 4. by himself/herself or through his/her parent. police and other law enforcement agencies All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test. Abatement of Drug Related Public Nuisances this is any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance IV. Sec 42. 2. Heads. Sec 41. any condition or undertaking.  In connection to the state policy’s campaign use of dangerous drugs 1. 5. Sec 45. such informant or witness does not appear to be most guilty for the offense (7) Provided. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. Drug-Free Workplace to promote using a tripartite approach national drug abuse prevention program 7. 3. Officers and employees of public and private offices. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness.(3) Such information and testimony can be corroborated on its material points. Supervisors. Sec 44. Involvement of the Family for the education and awareness 2. Who are subjected to dangerous drug test? 1. reduced into writing. III. guardian or relative within the fourth . Applicants for driver's license Applicants for firearm's license and for permit to carry firearms outside of residence Students of secondary and tertiary schools. 6. Program for Treatment and Rehabilitation of Drug Dependents Section 54. Publication and Distribution of Materials on Dangerous Drugs 6. Authorized drug testing by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH. and (5) The informant or witness shall strictly and faithfully comply without delay. spouse. finally. Dangerous Drugs Test Who are authorized to drug test?  Sec 36. Officers and members of the military. A drug dependent or any person who violates Section 15 may. 4. Sec 43. Sec 47. there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Sec 52. and Teachers of Schools to help in enforcing the provisions of this Act 5. and All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. Student Councils and Campus Organizations to include in their activities a program for the prevention of and deterrence in the use of dangerous drugs 3. 7. School Curriculum to integrate Instruction on drug abuse prevention and control in the elementary. lawfully imposed by the State (6) Provided.

(2) He/she has never been charged or convicted of any offense (3) He/she has no record of escape from a Center: Provided. A drug dependent who is discharged as rehabilitated through the voluntary submission program.degree of consanguinity or affinity. but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court. a written report on the progress of the treatment. he/she surrendered by himself/herself or through his/her parent. That had he/she escaped. Section 66. which committed him. Section 63. and is found by the prosecutor or by the court. or as often as the court may require. Drug dependent may be placed under the care of a DOH-accredited physician where there is no Center near or accessible or where drug dependent is below eighteen (18) years of age and is a first-time offender and nonconfinement in a Center will not pose a serious danger to his/her family or the community. If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day. shall be exempt from the criminal liability under Section 15 subject to the following conditions: (1) He/she has complied with the rules and regulations of the center. A drug dependent under the voluntary submission program. as certified by the center and the Board. may be charged. but does not qualify for exemption from criminal liability under Section 55 . his/her family or the community by his/her exemption from criminal liability. The head of said Center shall submit to the court every four (4) months. may be given the benefits of a suspended sentence. Suspension of Sentence of a First-Time Minor Offender. Section 62. The Board shall bring the matter to the Court which shall order an examination. who is finally discharged from confinement. he/she shall undergo treatment and rehabilitation in a Center. The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board. for his/her discharge therefrom. spouse. apply to the Board or its duly recognized representative. for treatment and rehabilitation of the drug dependency. Section 57. without prejudice to the outcome of any pending case filed in court. – An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act. If the examination by a DOH-accredited physician results applicant is a drug dependent. within one (1) week from the date of the said escape. to be a drug dependent. but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense. guardian or relative within the fourth degree of consanguinity or affinity. and (4) He/she poses no serious danger to himself/herself. subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act . If the dependent is rehabilitated. If the court finds him to be a drug dependent. the prosecutor or the court shall suspend all further proceedings. Section 55. it shall order his/her commitment to a Center for treatment and rehabilitation. he/she shall be returned to the court.

The other 12 members who shall be ex officio members of the Board are the following: (1) Secretary of the Department of Justice or his/her representative. Dangerous Drugs Board and Philippine Drug Enforcement Agency Section 77. – The Board shall be the policy-making and strategy-formulating body Section 78. criminology. shall be appointed by the President of the Philippines. The three 3 permanent members. (8) Secretary of the Department of Foreign Affairs or his/her representative. psychology or social work. (7) Secretary of the Department of Social Welfare and Development or his/her representative. V. (4) Secretary of the Department of Finance or his/her representative. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. otherwise known as the Child and Youth Welfare Code shall apply. the other 12 members shall be in an ex officio capacity and the 2 shall be regular members. (9) Secretary of the Department of Education or his/her representative. (3) Secretary of the Department of National Defense or his/her representative.(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician. 603. and (c) The Board favorably recommends that his/her sentence be suspended. (2) Secretary of the Department of Health or his/her representative. (6) Secretary of the Department of the Interior and Local Government or his/her representative.  In the case of minors under fifteen (15) years of age at the time of the commission of any offense. (11) Chairman of the National Youth Commission. The Dangerous Drugs Board. – The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated. Composition of the Board. who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: in law. without prejudice to the application of the provisions of this Section. Section 68. . (12) Director General of the Philippine Drug Enforcement Agency. (10) Chairman of the Commission on Higher Education or his/her representative. – 17 members wherein 3 of which are permanent members. Article 192 of Presidential Decree No. (5) Secretary of the Department of Labor and Employment or his/her representative. medicine.

exportation. for any dangerous drug and/or controlled precursor and essential chemical (m) Gather and prepare detailed statistics on the importation. production.The 2 regular members shall be as follows: (a) The president of the Integrated Bar of the Philippines. production. (b) Promulgate such rules and regulations necessary to carry out this Act (c) Conduct policy studies (d) Initiate. (e) Develop an educational program and information drive (f) Conduct continuing seminars (g) Design special trainings (h) Design and develop treatment and rehabilitation (i) Design and develop drug abuse prevention program in the workplace (j) Initiate and authorize closure proceedings against non-accredited or substandard rehabilitation centers (k) Prescribe and promulgate rules and regulations governing the establishment of such centers. (l) Receive. The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board. collect and evaluate all information on the importation. and (b) The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines. and shall attend all the meetings of the Board. distribution. compounding. psychological researches and control measures. exportation. manufacture. clinical. dispensing and sale of dangerous drug (s) Develop the utilization of a controlled delivery scheme in addressing the transshipment drugs (t) Recommend the revocation of the professional license of any practitioner . (a) Formulate a comprehensive drug use prevention and control strategy. gather. Powers and Duties of the Board. gifts and donations of real and personal properties (q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment. manufacture. rehabilitation or confinement (r) Formulate guidelines for the importation. Section 81. prescription. conduct and support scientific. for any dangerous drug and/or controlled precursors and essential chemicals (n) Develop and maintain international networking coordination with international drug control agencies and organizations (o) Require all government and private hospitals to submit a report to it (p) Receive in trust legacies.

–PDEA serves as the implementing arm of the Board. programs. issue subpoena and subpoena duces tecum relative to the conduct of investigation (d) Arrest and apprehend as well as search all violators and seize or confiscate. and projects of said agency in their respective regions. Creation of the Philippine Drug Enforcement Agency (PDEA).(u) Appoint such technical. clinics. parcels and mails in the central post office. doctors. dentists and other practitioners to submit a report to it . administrative and other personnel as may be necessary (v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations (w) Submit an annual and periodic reports to the President. the Congress of the Philippines and the Senate and House of Representatives committees Section 82. (k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse (l) Establish and maintain a national drug intelligence system (m) Establish and maintain close coordination (n) Create and maintain an efficient special enforcement unit to conduct an investigation (o) Require all government and private hospitals. which appear to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals (j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted. the effects or proceeds of the crimes (e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized. Section 84. confiscated or surrendered (f) Establish forensic laboratories in each PNP office in every province and city (g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating (h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases (i) Monitor and inspect all air cargo packages. – The PDEA shall: (a) Implement or cause the efficient and effective implementation of the national drug control (b) Undertake the enforcement of the provisions of Article II of this Act (c) Administer oath. and shall be responsible for the efficient and effective law enforcement of all the provisions The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of this Act and the policies. Powers and Duties of the PDEA.

Alphamethylthiofentanyl 11. Alphaprodine 12. Acetorphine 15. Alphacetylmethadol 7. Betacetylmethadol 2. Allylprodine 19. Alpha-methylfentanyl 10. ANNEX 1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES LIST OF SUBSTANCES IN TABLE I 12. – The Supreme Court shall designate special courts from among existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act.4METHYLENEDIOXYPHENYL -2 PROPANONE 1. Beta-hydroxyfentanyl 9. N-ACETYLANTHRANILIC ACID 14. Beta-hydroxy-3methylfentanyl 4. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction.(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines. Jurisdiction Over Dangerous Drugs Cases Section 90. Limited Applicability of the Revised Penal Code. Alphameprodine 8. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. POTASSIUM PERMANGANATE 1. SAFROLE 3. Acetyl-alphamethylfentanyl 16. PSEUDOEPHEDRINE 2. LYSERGIC ACID LIST OF DRUGS INCLUDED IN SCHEDULE I 8. rules and regulations for the proper implementation (q) Initiate and undertake a national campaign for drug prevention and drug control programs (r) Submit an annual and periodic reports to the Board VI. Betameprodine 11. Acetylmethadol 17. Benzylmorphine 10. Jurisdiction. Anileridine 13. NOREPHEDRINE 14. PIPERONAL 5. Section 98. except in the case of minor offenders. ERGOTAMINE 6. Betamethadol . ACETIC ANHYDRIDE 13. ISOSAFROLE 1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE 1972 PROTOCOL 6. the provisions of the Revised Penal Code (Act No. shall not apply to the provisions of this Act. – Notwithstanding any law. as amended. rule or regulation to the contrary. EPHEDRINE 4. 1-PHENYL-2PROPANONE 3. 3814).3. Alfentanil 18. ERGOMETRINE 5. Alphamethadol 9. Benzethidine 7. Where the offender is a minor.

Levomoramide 87. Cannabis and Cannabis resin and extracts and tinctures of cannabis 51. Hydroxypethidine 83. intermediate A Pethidine 29. Ecgonine 72. Diampromide 61. Ethylmethylthiambutene 92.20. intermediate B 31. Difenoxin 91. Intermediate 34. Heroin 79. Cocaine 56. Thebaine 48. Oxycodone 24. Dihydromorphine* 65. Phenadoxone 33. Metopon 97. Hydromorphinol 81. Noracymethadol 107. Levorphanol Pethidine 30. Thebacon 47. Diphenoxylate 69. Diethylthiambutene 62. Dextromoramide 60. Codoxime 57. Fentanyl 77. Furethidine 78. Piritramide 40. Metazocine 89. Dimepheptanol 38. Piminodine 68. Racemorphan 73. Morpheridine 42. Sufentanil 46. PEPAP 27. Etorphine 75. Phenampromide Moramide 98. Pethidine intermediate C 32. Proheptazine 99. Nicomorphine 106. Properidine 100. Coca leaf 55. 3-methylfentanyl 95. Normethadone 22. Normorphine 52. Levophenacylmorphan 88. Dioxaphetyl butyrate Methadone 93. Etonitazene 74. Methyldesorphine 35. Remifentanil 45. Dihydromorphine 64. Racemethorphan 101. MPPP 104. Norlevorphanol 21. Levomethorphan 86. Pethidine 28. Desomorphine 59. Methyldihydromorphine 36. Opium 23. Hydromorphone 82. Norpipanone 53. Thiofentanyl . Drotebanol 71. Isomethadone 84. Concentrate of poppy straw 58. Phenoperidine 67. Myrophine 105. Para-fluorofentanyl 26. Ketobemidone 85. Dipipanone 70. Betaprodine 49. Methadone 90. Oxymorphone 25. Etoxeridine 76. Dihydroetorphine 63. Dimenoxadol 37. Clonitazene 54. Bezitramide 50. Phenazocine 94. Hydrocodone 80. Phenomorphan 66. Dimethylthiambutene 39. Morphine-N-oxide 103. intermediate 41. 3-methylthiofentanyl 96. Morphine 43. Racemoramide Morphine 102. methobromide 44.

MEFENOREX 38. LORMETAZEPAM 35. DIAZEPAM LIST OF SUBSTANCES IN SCHEDULE III 20. Nicodicodine 14. MAZINDOL 36. CAMAZEPAM 11. LORAZEPAM 5. CLOBAZAM 13. Acetyldihydrocodeine 2. PENTOBARBITAL 2. LOPRAZOLAM 4. BENZFETAMINE(benzphet amine) 34. MECLOQUALONE 7. LEVOMETHAMPHETAMINE 6. METHAQUALONE 9. Ethylmorphine 6. KETAZOLAM 4. CLOTIAZEPAM 16. DRONABINOL (delta9-tetrahydro-cannabinol and its stereochemical variants) 14. AMFETAMINE (AMPHETAMINE) 9. MESOCARB 8. FENPROPOREX 26. FLURAZEPAM 28. MIDAZOLAM 43. METHYPRYLON 42. METHYLPHENIDATE 10. PHENMETRAZINE 12. SECOBARBITAL 13. BUPRENORPHINE 23. METHAMPHETAMINE RACEMATE 7. FENCAMFAMIN 25. CLORAZEPATE 15.108. FENETYLLINE 1. CLOXAZOLAM 19. NITRAZEPAM . Butobarbital 9. CATHINE (+)norpseudo-ephedrine 9. MEPROBAMATE 8. Trimeperidine LIST OF DRUGS INCLUDED IN SCHEDULE II 1. Dihydrocodeine 5. BARBITAL 6. PHENCYCLIDINE (PCP) 11. ETHINAMATE 22. AMFEPRAMONE AMINOREX 30. ZIPEPROL 17. ETILAMFETAMINE(Nethylampetamine) 3. FLUNITRAZEPAM LIST OF SUBSTANCES IN SCHEDULE II 7. ETHYL LOFLAZEPATE 2. LEVAMFETAMINE (LEVAMPHETAMINE) 2. Tilidine 109. METHYLPHENOBARBITAL 10. ALLOBARBITAL 32. FLUDIAZEPAM 27. AMOBARBITAL 15. 5. BROTIZOLAM 40. LEFETAMINE(SPA) 3. BUTALBITAL 8. ESTAZOLAM 21. Nicocodine 7. HALAZEPAM 8. METAMFETAMINE (METHAMPHETAMINE) 3. CLONAZEPAM 41. DELORAZEPAM 16. CHLORDIAZEPOXIDE 12. Codeine 3. HALOXAZOLAM 1. GLUTETHIMIDE 24. NIMETAZEPAM 44. 2C-B(4-bromo-2. PENTAZOCINE 29. ALPRAZOLAM 33. CYCLOBARBITAL 10. Dextropropoxyphene 4. Propiram 6. ETHCHLORVYNOL 1. DEXAMFETAMINE (DEXAMPHETAMINE) Substances in Schedule IV 31. Pholcodine 5. Norcodeine 4.5dimethoxyphenethylamin e) 18. MEDAZEPAM 37. BROMAZEPAM 39.

PHENDIMETRAZINE 56. VINYLBITAL GHB (Gamma-Hydroxyburic acid) 48. OXAZOLAM 54. SECBUTABARBITAL 50. TRIAZOLAM 46. TEMAZEPAM 51. NORDAZEPAM 52. PINAZEPAM 59.45. PYROVALERONE 61. PHENTERMINE 58. PIPRADROL 47. Zolpidem 49. PRAZEPAM 60. OXAZEPAM 53. TETRAZEPAM . PHENOBARBITAL 57. PEMOLINE 55.