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Acts Punishable Importation (Sec.

4)

Dangerous Drugs (DD), Controlled Precursors and Essential Chemicals(CP/EC) Includes: mere attempt mere conspiracy Who are liable? Any person (unless authorized by law) including Organizer, Manager, or Financier of such illegal activities, or Protector/Coddler of any of the violators. Aggravating Circumstances: If the violator used his diplomatic passport or any other means involving his official status intended to facilitate the unlawful entry of the same (Diplomatic passport shall be confiscated and canceled) Includes: mere attempt mere conspiracy Who are liable? Any person (unless authorized by law) including Organizer, Manager, or Financier of such illegal activities, or Protector/Coddler of any of the violators. Aggravating Circumstances: a. committed within 100m from school b. use of minors/ mentally incapacitated as couriers, runners and messengers, or in any other capacity directly connected to trade c. victim is a minor/ mentally incapacitated d. proximate cause of death is either DD or PC/EC Includes: mere attempt mere conspiracy Who are liable? Any person including Organizer, Manager, or Financier of such illegal activities, or Protector/Coddler of any of the violators. (Involving DD only) Aggravating Circumstances: a. if DD is sold, administered or delivered to a minor, who is allowed to use the same in such a place b. if DD is the proximate cause of death using the same in such a den, dive or resort

Sale, trading, administration, dispensation, delivering, giving away to another, distribution, transportation, or dispatching in transportation (Sec. 5)

Maintenance of den, dive or resort (Sec. 6)

Note: if owner of the place is a third person (meaning not the maintainer or not in any way involved in the illegal activities), intent on his part to use the place in furtherance of the crime must be proven and he must be specifically included in the criminal complaint as an accused. Employment and/ or visiting the Who are liable? den, dive or resort a. any employee of the den, dive or resort (Sec. 7) b. any visitor of the den, dive or resort

Note: The employee or visitor must be aware of the nature of the place

Illegal Manufacture

Includes: mere attempt mere conspiracy Who are liable? Any person including Organizer, Manager, or Financier of such illegal activities, or Protector/Coddler of any of the violators. Aggravating Circumstances: If the clandestine lab is undertaken or established under any of the following circumstances: a. any phase of the manufacturing process was conducted in the presence or with the help of minor/s b. any phase of the manufacturing process was done within 100m from residential, business, church, school premises c. if the clandestine lab is protected with booby traps d. if the clandestine lab is protected with legitimate business operation e. employment of a practitioner, chemical engineer or public official or foreigner. Presumption of Manufacture: Presence of CP or EC or lab equipment in the clandestine lab is a prima facie proof of manufacture of DD NOTE: Not necessarily caught in the actual act. Mere presence of a chemical DD, CP or EC, is considered a prima facie evidence already. Who is liable? Any person (unless authorized by law) Who are liable? Any person who: a. delivers equipment, instrument, apparatus, and other paraphernalia with knowledge of its purpose b. possesses with intent to deliver of equipment, instrument, apparatus, and other paraphernalia and with knowledge of its purpose c. manufacturers with intent to deliver of equipment, instrument, apparatus, and other paraphernalia and with knowledge of its purpose Maximum Penalty if: a. Minor is used to deliver b. Mentally incapacitated person is used to deliver Who is liable? Any person (unless authorized by law) NOTE: Quantity of DD is considered.

Illegal Chemical Diversion (Sec. 9) Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia (Sec. 10)

Possession of DD (Sec. 11)

Possession of equipment, instrument, apparatus, and other paraphernalia intended for smoking, consuming, administering, injecting, ingestion/introducing into the human body (Sec. 12)

Who is liable? Any person Unless authorized by law like in the case of medical practitioners and various professionals in relation to their work PROVIDED they follow the guidelines prescribed by the Board. Presumption: Possession of these items is prima facie evidence that the possessor has smoked, consumed, administered, injected, ingested/ used DD, shall be presumed that he violated Sec. 15 (Use of DD)

Possession of DD during parties, social gathering or meeting or in the proximate company of at least two persons (Sec. 13) Possession of equipment, instrument, apparatus, and other paraphernalia for DD during parties, social gathering or meeting or in the proximate company of at least two persons (Sec. 14)

Penalty: Maximum provided under Sec. 11 (Possession of DD), regardless of quantity and purity

NOTE: Unlike the other provision involving also the possession of such equipment, intent to deliver is not necessary to be held liable under this provision. Requisites: 1. Possession of such equipment, instrument, apparatus and other paraphernalia 2. Such E, I, A and other P are fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any DD in the body 3. Done during a party, social gathering or meeting, or in the proximate company of at least two persons. Who is liable? Any person apprehended or arrested, who is found to be positive for any DD, after a confirmatory test is conducted Includes: Mere attempt Mere conspiracy Who are liable? Any person (unless authorized by law) including Organizer, Manager, or Financier of such illegal activities, or Protector/Coddler of any of the violators. ***Unless authorized by law like in the case of medical labs or medical research centers which cultivate or culture such plants for medical experiments and research purposes PROVIDED they follow the guidelines prescribed by the Board NOTE: The land or portions thereof and/or greenhouse on which said plants are cultivated or cultured shall be confiscated and escheated in favor of the State UNLESS the owner can prove lack of knowledge of the purpose of cultivation or culture.

Use of DD (Sec. 15) Cultivation/ culture of plants classified as DD or sources of DD (Sec. 16)

Failure to maintain and keep records of transactions of DD and CP/ ES (Sec. 17)

Who are liable? Practitioner, Manufacturer, Wholesaler, Importer, Distributor, Dealer or Retailer or Anybody who is in the business of DD, CP/ EC NOTES: The obligation of maintaining and keeping of the original records of transaction on any DD and/or CP/EC is imposed under Sec. 40 of CDDA of 2002. What is punished under this provision is the failure to maintain and keep the records, thus, the practice of profession or doing of the business in relation to DD or CP/EC is authorized by law. Who is liable? Any practitioner who prescribes DD even if unnecessary. When is prescription unnecessary? When it is not required by the physical, psychological, and emotional condition of the patient as determined by the Board. Who is liable? Any person who makes/issues a prescription or any

Unnecessary Prescription

Unlawful Prescription

Misappropriation, misapplication or failure to account seized, confiscated or surrendered DD, CP/EC and plants which are sources of DD instruments, paraphernalia or lab equipment, including proceeds/ properties obtained from the unlawful act (Sec. 27) Benefiting from the proceeds of trafficking of DD (Sec. 27) Receiving financial/ material contributions from persons found guilty of trafficking DD (Sec. 27) Planting DD, CP or ES as evidence (Sec. 29) Consenting to or knowingly tolerates the violation of any provision of this act (Sec. 30) Knowingly consenting to/ tolerating or authorizing of any vehicle, vessel, an aircraft, equipment or other facility as an instrument in importation, sale, trade, administration, dispensation, delivery, distribution, transportation, manufacturer or chemical diversion (Sec. 30) Violating any rule/regulation issued by the DD Board pursuant to RA 9165 (Sec. 32) Issuance of false/fraudulent DD test results (Sec. 37) Violation of the confidentiality rule on records of drug dependents under voluntary submission (Sec. 72) Failure to cooperate with the Board of Concerned Agency for the voluntary or compulsory submission program of a drug dependent (Sec. 72)

writing purporting to be a prescription for DD NOTES: Applies to any public officer or employee if the local custodian misapplied, misappropriated items under DD, CP or EC, plants, instruments, paraphernalia and other items, he shall be prosecuted under DDA of 2002 and under RPC

NOTE: Applies only to elective public officials

NOTE: Applies only to elective public officials

Who is liable? Any person. NOTE: Regardless of the quantity and purity of the DD and/or CP/EC Who are liable? Partner, President, Director, Manager, Trustee, Estate Administrator, or Officer of juridical entities; They shall be liable as co-principals NOTE: Applies only when the violator is a juridical entity NOTE: Applies only when the vehicle, vessel, aircraft, equipment or facility is owned by a juridical entity Who are liable? Partner, President, Director, Manager, Trustee, Estate Administrator, or Officer of juridical entities

Who may be held liable? Any person

Who may be held liable? Any person authorized, licensed or accredited to conduct drug test who issues false/fraudulent results (intentional or through gross negligence) Who may be held liable? Any person who has the custody of such records or anyone who, having gained the possession of the records, reveals the contents of the same.

Who ma be held liable? Parent spouse or guardian of the drug dependent who is minor NOTE: Spouse of minor? Maybe their marriage is valid under the laws of another country but not under the Philippine laws.

Failure/ refusal to appear as a witness for any violation of this act (Sec. 91) Delay of handling in the prosecution of drug related cases

Who may be held liable? Any member of the law enforcement agencies or any other government official and employee and the immediate superior of such law enforcer, official or employee who fails or refuses to appear (intentional or through negligence) NOTE: Applies only to prosecutors