Kim Zeus Ga-an

Criminal Law II
TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194) COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA No. 9165)

I.

Acts Punishable: a. importation of prohibited drugs b. sale, administration, delivery, distribution and transportation of prohibited drugs c. maintenance of a den, dive or resort for prohibited drug users d. being employees or visitors of drug den e. manufacture of prohibited drugs f. possession or use g. cultivation of plants h. failure to comply with provisions relative to keeping of records of prescription i. unnecessary prescription j. possession of opium pipe and other paraphernalia k. Importation, sale, etc. of regulated drugs

DRUG SYNDICATE any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under the act. PLANTING OF EVIDENCE the willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act. P D E A Philippine Drug Enforcement Agency Importation of prohibited/regulated drugs. PENALTY : Life to death & fine of 500,000 to 10 million regardless of the Quantity MAXIMUM PENALTY : 1) Use of diplomatic Passport 2) Financier and purity involved

Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs.

- NOT BAILABLE PENALTY : Life to death & fine of 500,000 to 10 million regardless of the Quantity and purity involved ( includes BROKER ) Qualifying Circumstances 1) if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall be imposed. 2) Financier 3) Sale made within 100m from school Maintenance of a den, dive, or resort for prohibited/regulated drug users. ** Property escheated in favor of the government Qualifying Circumstance where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person using the same in such den, dive or resort, the maximum of the penalty shall be imposed. Manufacture of prohibited/regulated drugs.

Possession of prohibited/regulated drugs. PENALTY : a. Life to death & fine of 500,000 to 10 million 10 gms. Opium, morphine, heroine, cocaine, marijuana resin and Ecstasy. 50 gms. Shabu 500 gms. Marijuana b. Life Imprisonment and a fine of P400,000.00-P500,000.00 10-50 gms. Shabu c. 20 years to Life and a fine of 400,000.00-500,000.00 5-10 gms. Shabu d. 12 20 years and a fine of 300,000.00-400,000.00

Less than 5 gms. Of any dangerous drugs Possession of paraphernalia 6 mos. 4 yrs. & fine of 10,000 50,000 Use of Dangerous Drugs A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug act for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve(12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00); Provided, That this section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. Cultivation of plants which are sources of prohibited drugs. Penalty - Life to death and a fine of P500,000.00 to P10 Million a Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part.

b Qualifying Circumstance 1. If the land involved is part of the public domain, the maximum of the penalty herein provided shall be imposed. 2. Maximum penalty imposed on financier Failure to keep records prohibited/regulated drugs of prescription, sales, purchases, acquisitions and/or deliveries of

Persons liable: Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer Unlawful prescription of prohibited/regulated drugs Penalty life to death and a fine of P500,000 to P10 Million Unnecessary prescription of prohibited/regulated drugs Penalty 12 to 20 years and fine of P100,000 to P500,000 plus revocation of license Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. Procedure in Disposal 1. Apprehending team immediately after seizure shall make physical inventory and photograph the seized drugs in the presence of the accused or his counsel, a representative of the media and DOJ and any elected public official who shall sign the copies of the inventory. 2. Within 24 hours upon confiscation/seizure of dangerous drugs, such drug shall be submitted to the PDEA forensic laboratory for a qualitative and quantitative examination. 3. Certification of the forensic examination results shall be issued within 24 hours. 4. After the filing of the criminal case, the proper court shall conduct and ocular inspection within 72 hours of the confiscated, seized and/or surrendered dangerous drugs. 5. After ocular inspection by the court, PDEA shall destroy or burn the confiscated, seized and/or surrendered dangerous drugs within 24 hours in the presence of the accused or his counsel, representative of the media and the DOJ, civil society groups and any elected public officer. 6. PDEA shall issue a certification of such destruction and samples of the dangerous drugs shall be submitted to the court. Plea-Bargaining Any person charged under any commission of this act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. Probation Law Any person convicted for drug trafficking regardless of the penalty imposed cannot avail of the privilege granted by the probation law. Other persons liable:

If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated.

Criminal liability of a public officer or employee for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs Penalty - life to death and a fine of P500,000.00 to P10 Million in addition to absolute perpetual disqualification from any public office. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs or have received any financial or material contributions from persons found guilty of drug trafficking dangerous drugs, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government. Planting of Evidence Any person who is found guilty of planting any dangerous drug regardless of the quantity and purity, shall suffer the penalty of death. Issuance of False or fraudulent drug test results (whether willfully or through gross negligence) Penalty 6 to 12 years and fine P100,000.00 to P500,000.00 Additional penalty revocation of license to practice and closure of the drug testing center II. For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision. a. NOTE: They shall be considered as persons in authority if they are in the school or within its immediate vicinity, or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers. b. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action. III. Rules regarding rehabilitation of drug dependents

Voluntary submission a. Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent th himself or through his parent, guardian or relative within the 4 civil degree of consanguinity or affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. (Applicable only to those liable for use of dangerous drugs and not to possession and sale) b. Should the drug dependent escape from the center, he may submit himself for confinement within 1 week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement. c. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug.

d. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and transmit records of the case to the Board. e. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given full credit for the period he was confined in the center. NOTE: When the offense is use of dangerous drugs and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the center upon his release therefrom.

f.

The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center.

g. Requisites of suspension of sentence for first offense in a minor: 1. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. 2. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. In case of violation of conditions of pardon, court shall pronounce judgment of conviction and he shall serve sentence. If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated period.

First offense of a minor suspension of sentence CONDITIONS: under 18 at time of commission but not more than 21 at time when judgment was promulgated found guilty of possession or use of prohibited or regulated drugs not been previously convicted of violating any provision of this Act or the RPC not been placed on probation defer sentence, place on probation for 6 months to 1 year violation of probation pronounce sentence convict and serve sentence no violation discharge him and dismiss the proceeding if minor is drug dependent commit to a center for treatment and rehabilitation