Title Five CRIMES RELATIVE TO OPIUM & OTHER PROHIBITED DRUGS

RA 9165 The Comprehensive Dangerous Drugs Act of 2002 Acts Punished: 1. Importation of dangerous drugs and / or controlled precursors and essential chemicals Maximum penalty for any person who commits this act through the use of a. diplomatic passport / facilities b. official status intended to facilitate unlawful entry 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and / or controlled precursors and essential chemicals Even brokers held criminally liable 12 years and 1 day to 20 years to protector or "coddlers" Maximum penalty if : a. done within 100 meters from the school b. use of minors or mentally incapacitated persons as runners, couriers, and messengers c. victim of the offense is a minor or mentally incapacitated individual d. drug was proximate cause of the death e. person who organizes, manages, or finances such activities Maintenance of den, dive or resort where dangerous drugs and / or controlled precursors and essential chemicals are used or sold. Being employees of the den, dive or resort: a. Any employee of a den, dive, or resort who is aware of the nature of the place as such b. Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as such and shall knowingly visit the same Manufacture of dangerous drugs and / or controlled precursors and essential chemicals

Prima facie proof of manufacturing: presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory Aggravating circumstance: a. any phase of the manufacturing process was conducted in the presence or with the help of minors b. any phase of the manufacturing process was established or undertaken within 100 meters of a residential, business, church or school premises c. any clandestine laboratory was secured or protected with booby traps d. any clandestine laboratory was concealed with legitimate business operations e. any employment of a practitioner, chemical engineer, public official or foreigner Illegal diversion of any controlled precursor and essential chemical Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and / or controlled precursors and essential chemicals Includes instruments that will be used to inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug Possession of dangerous drug Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs Possession of such equipment shall be prima facie evidence that the possessor has used the dangerous drug (violation of Section 15 of the Act.

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10. Possession of dangerous drugs during parties, social gatherings or meetings will merit maximum penalty regardless of quantity and purity Test: In the proximate company of at least two persons

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11. Possession of equipment, instrument, apparatus for dangerous drugs during parties, social gatherings, or meetings merit maximum penalty 12. Use of dangerous drugs

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Penalties: 1st offense: minimum of 6 months rehabilitation in a government center 2nd offense: 6 yrs and 1 day to 12 years imprisonment This section will not apply where the person tested positive is also found to have in his possession dangerous drugs (section on "possession of dangerous drugs" will apply)

3. Maintenance of den, dive or resort where dangerous drugs and / or controlled precursors and essential chemicals are used or sold 4. Manufacture of dangerous drugs and / or controlled precursors and essential chemicals 5. Cultivation or culture of plants classified as dangerous drugs
Suson v. People (2006) The recording or non-recording thereof in an official record will not necessarily lead to an acquittal as long as the sale of the prohibited drug is adequately proven. In the case at bar, SPO2 Patio, the poseur-buyer, testified on the circumstances regarding the sale of the shabu for which petitioners were charged and convicted. Settled is the rule that in the prosecution for the sale of dangerous drugs, the absence of marked money does not create a hiatus in the evidence for the prosecution as long as the sale of dangerous drugs is adequately proven and the drug subject of the transaction is presented before the court. People v. Nicolas (2007) Settled is the rule that the absence of a prior surveillance or test-buy does not affect the legality of the buy-bust operation. There is no textbook method of conducting buybust operations. The Court has left to the discretion of police authorities the selection of effective means to apprehend drug dealers. A prior surveillance, much less a lengthy one, is not necessary especially where the police operatives are accompanied by their informant during the entrapment. Flexibility is a trait of good police work. In the case at bar, the buy-bust operation was conducted without need of any prior surveillance for the reason that the informant accompanied the policemen to the person who is peddling the dangerous drugs.

13. Cultivation or culture of plants classified as dangerous drugs 14. Maintenance and keeping of original records of transactions on dangerous drugs and / or controlled precursors and essential chemicals 15. Unnecessary drugs prescription of dangerous

16. Unlawful prescription of dangerous drugs Other pertinent provisions: A person charged under this act shall not be allowed to avail of the provision on pleabargaining A person convicted of drug trafficking or pushing cannot avail of the privilege granted by the Probation Law Planting of evidence: Planting of any dangerous drugs and / or controlled precursors and essential chemicals shall suffer the penalty of death A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender Attempt or Conspiracy: any attempt or conspiracy to commit the following shall be punishable: 1. Importation of dangerous drugs and / or controlled precursors and essential chemicals 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and / or controlled precursors and essential chemicals

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