REPUBLIC ACT 9165 possessed, sold, or manufactured or even

transported.
DANGEROUS DRUGS ACT -controlled precursors are not necessarily
dangerous drugs but they are ingredients in
(as amended by RA 10640) making the dangerous drugs; also found in
another list.
- only section 21 was amended
[Sec. 21: Custody and Disposition of
Confiscated, Seized, and/or Surrendered Today, there is no more distinction between a
Dangerous Drugs, Plant Sources of Dangerous prohibited drug and a regulated drug. Both are
Drugs, Controlled Precursors and Essential now considered dangerous drugs.
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment.]
- took effect in 2014
- reason: because there were a lot of acquittals Acts punished under this law:
and dismissals by reason of failure of the
1.) Importation
arresting officers to follow certain procedures
2.) Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation
- selling which involves a transaction
Important terms and their definitions:
can be by entrapment (more commonly known
as buy-bust) which is legally accepted. And in a
Dangerous Drugs.
buy-bust operation there is usually a poseur
Include those listed in the Schedules annexed
buyer. There are three elements in a buy-bust:
to the 1961 Single Convention on Narcotic
a.) we must be able to identify the
Drugs, as amended by the 1972 Protocol, and in
buyer and the seller (dili pwede na mu ingon ta
the Schedules annexed to the 1971 Single
na ang poseur buyer is a confidential agent;
Convention on Psychotropic Substances as
both of them must be identified. Kailangan naa
enumerated in the attached annex which is an
juy identity. Kay there can only be a sale if both
integral part of this Act.
parties consented. One to sell, the other to buy.
Char oblicon hahaha) usually dili man ang police
Controlled Precursors and Essential Chemicals.
ang mu act as poseur buyer (kay mangayo ra
Include those listed in Tables I and II of the
daw sila hahaha pero kuan bitaw kay basin ilhan
1988 UN Convention Against Illicit
na silag police nya of course dili sila baligyaan)
Traffic in Narcotic Drugs and Psychotropic
so if agent gani, that agent must testify in court
Substances as enumerated in the attached
in order to prove the sale, he must divulge his
annex, which is an integral part of this Act
identity.
b.) Also the object, what is known as
the corpus delicti. Without the dangerous drug
itself being presented (and after examination by
When do we know if a particular substance is
the experts), you cannot have a buy-bust.
considered as dangerous drugs or controlled
c.) And also the consideration which is
precursors and essential elements?
the money. However, the SC ruled in many
cases that the money may not be presented if it
- for dangerous drugs, there is a listing which is
is already not available. For example, after the
annexed or appended to the law itself. Such
exchange kay gi dagan ang money, it is still
listing is internationally accepted. So, all those
possible to successfully prosecute and convict
included in the list will be considered illegal if
the pusher based only on the fact that there
was a sale and there was an illegal item. The
money is not indispensable because there can
be a sale without actual consideration, can
already be consented by mere consent.
d.) there must be delivery of the thing.
In a buy-bust, according to the SC, non-
compliance of certain procedures may not be a
ground for the dismissal or acquittal. However,
the SC also said that these procedural things are
important. To harmonize, what they really
meant was that the procedure must be
followed because non-compliance with the
procedure may result in an acquittal BUT even if
the procedures are not followed provided that
the integrity of the drug has been preserved
then, there can be conviction. for example, it is
only after the PDEA authorizes the buy- bust
that the NBI or the police can proceed with the
operation. If wa na comply, the SC said na it
cannot invalidate the buy-bust just because of
those procedural things. What is important kay
katung mentioned above: the identity of the
seller and buyer, the object, consideration, the
delivery of the thing sold and the payment
thereof. As long as those elements are present
lang jud. Although there as certain conditions
that will invalidate. Mao na ni ang gi amend na
part. This is found in Sec 21 of RA 10640.
3.) Maintenance of a Den, Dive or Resort
4.) Employees and Visitors of Den, Dive, Resort
- those who are employed or those who
visits the drug den, provided that they know it is
a drug den. Knowledge is important, good faith
is not necessary because this is a mala
prohobita. (unless of course if like bumbero ka
nya nasunog ang drug den nya ni sud ka
hahaha)
5.) Manufacture
6.) Illegal Chemical Diversion
- diba ang controlled precursors kay not
necessarily dangerous man kay ingredient ra
siya and magamit man siya for a lawful manner
like sa pag himo ug sabon for example, only if
ang kaning chemicals kay i.divert sa shabu
laboratory instead of using it for legal purposes
kay it will now be punishable under this law for
Illegal Chemical Diversion
7.) Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other
Paraphernalia
8.) Illegal Possession of Drugs
9.) Illegal Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia
10.) Illegal Use of Drugs
11.) Cultivation or Culture of Plants
12.) Illegal Prescriptions
- not all doctors can prescribe
dangerous drugs. They must have a special
permission from the Dangerous Drugs Board.
They will have a special license (S2 license),
special prescription bond, and a special
reporting mechanism for that. Even the paper
where theyll write is different because it is
supposed to be controlled by the DDB, what is
known as the yellow prescription form.