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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

after a confirmatory test. 6. Certification of the forensic examination results shall be issued within 24 hours. Wholesaler. Penalty . Physician. – 4 yrs. 4. Distributor. such drug shall be submitted to the PDEA forensic laboratory for a qualitative and quantitative examination. Veterinarian. seized and/or surrendered dangerous drugs. acquisitions and/or deliveries of Persons liable: Pharmacist. Maximum penalty imposed on financier  Failure to keep records prohibited/regulated drugs of prescription. 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. subject to the provisions of Article VIII of this Act. 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. Importer. PDEA shall issue a certification of such destruction and samples of the dangerous drugs shall be submitted to the court.00) to Two hundred thousand pesos (P200.00). Provided.  Other persons liable: . 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. Within 24 hours upon confiscation/seizure of dangerous drugs. the proper court shall conduct and ocular inspection within 72 hours of the confiscated. Retailer   Unlawful prescription of prohibited/regulated drugs Penalty – life to death and a fine of P500. If apprehended using any dangerous drug act for the second time. 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.000.  Cultivation of plants which are sources of prohibited drugs. Dentist. seized and/or surrendered dangerous drugs within 24 hours in the presence of the accused or his counsel. 3. After the filing of the criminal case.000. purchases. in which case the provisions stated therein shall apply. Dealer. the maximum of the penalty herein provided shall be imposed.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. Probation Law Any person convicted for drug trafficking regardless of the penalty imposed cannot avail of the privilege granted by the probation law. representative of the media and the DOJ. After ocular inspection by the court. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. 5. Of any dangerous drugs  Possession of paraphernalia 6 mos. a representative of the media and DOJ and any elected public official who shall sign the copies of the inventory.Life to death and a fine of P500. 2. & fine of 10. civil society groups and any elected public officer.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. who is found to be positive for use of any dangerous drug.000 to P500. b Qualifying Circumstance – 1. sales.000 – 50. Apprehending team immediately after seizure shall make physical inventory and photograph the seized drugs in the presence of the accused or his counsel. 2.Less than 5 gms.000. Procedure in Disposal 1. Manufacturer. If the land involved is part of the public domain.000 Use of Dangerous Drugs – A person apprehended or arrested. PDEA shall destroy or burn the confiscated.000 to P10 Million Unnecessary prescription of prohibited/regulated drugs Penalty – 12 to 20 years and fine of P100.

d. b Criminal liability of a public officer or employee for misappropriation. shall suffer the penalty of death. he should escape again. (Applicable only to those liable for use of dangerous drugs and not to possession and sale) b. is owned or under the control and supervision of the partnership. If. . or consents to the use of a vehicle. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads. or cause the apprehension or arrest of any person who shall violate any of the said provision. 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. 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. After his rehabilitation. report the matter to the proper authorities. Planting of Evidence Any person who is found guilty of planting any dangerous drug regardless of the quantity and purity. distribution or transportation of dangerous drugs. officer or stockholder. the fiscal or court as the case may be. all school heads.000.a If the violation of the Act is committed by a partnership. in turn. corporation. if the accused is certified by the treatment and rehabilitation center to have maintained good behavior. aircraft. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings.00 to P10 Million in addition to absolute perpetual disqualification from any public office. sale. NOTE: They shall be considered as persons in authority if they are in the school or within its immediate vicinity. subsequent to such recommitment. association or judicial entity to which they are affiliated. vessel. seized and/or surrendered dangerous drugs Penalty . director. Voluntary submission of a drug dependent to confinement. corporation. Rules regarding rehabilitation of drug dependents Voluntary submission a. constitute sufficient cause for disciplinary action. guardian or relative within the 4 civil degree of consanguinity or affinity. the judgement shall. NOTE: When the offense is use of dangerous drugs and the accused is not a recidivist. b. delivery. after hearing. he may submit himself for confinement within 1 week from the date of his escape. director.00 Additional penalty – revocation of license to practice and closure of the drug testing center II.000. the penalty thereof shall be deemed to have been served in the center upon his release therefrom. treatment and rehabilitation by the drug dependent th himself or through his parent. For the purpose of enforcing the provisions of this Act. president. manager. a. shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government. who knowingly authorizes. supervisors and teachers shall be deemed to be persons in authority and. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. machines or other instruments in the manufacture of any dangerous drugs. as such. the partner. shall suspend all further proceedings and transmit records of the case to the Board.00 to P500. to be a drug dependent. Partner. vessel. are vested with the power to apprehend. Should the drug dependent escape from the center. indicate that he shall be given full credit for the period he was confined in the center. or other instrument. arrest. of his parent guardian or relative may. tolerates. Issuance of False or fraudulent drug test results (whether willfully or through gross negligence) Penalty – 6 to 12 years and fine P100. or aircraft as an instrument in the importation. president. within the same period surrender him for confinement. he shall be prosecuted for such violation. supervisors or teachers. misapplication or failure to account for the confiscated. association or any judicial person. Failure to report in either case shall. 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. c. III. or to the use of their equipment. e. if such vehicle. equipment. In case of conviction.000.life to death and a fine of P500.

Requisites of suspension of sentence for first offense in a minor: 1.    Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. 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. 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 . case shall be dismissed upon expiration of the designated period. In case of violation of conditions of pardon. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. 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. 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. If accused did not violate conditions of probation. 2. court shall pronounce judgment of conviction and he shall serve sentence.f.