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"If the violation of this Sec.

is in furtherance of
ILLEGAL POSSESSION OF FIREARMS (R.A. 8294) or incident to, or in connection with the crime
of rebellion or insurrection, sedition, or
attempted coup d'etat, such violation shall be
Republic Act No. 8294, June 6, 1997, AN ACT absorbed as an element of the crime of
AMENDING THE PROVISIONS OF PRESIDENTIAL rebellion, or insurrection, sedition, or
DECREE NO. 1866, AS AMENDED, ENTITLED attempted coup d'etat.
"CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, "The same penalty shall be imposed upon the
ACQUISITION OR DISPOSITION OF FIREARMS, owner, president, manager, director or other
AMMUNITION OR EXPLOSIVES OR responsible officer of any public or private
INSTRUMENTS USED IN THE MANUFACTURE OF firm, company, corporation or entity, who shall
FIREARMS, AMMUNITION OR EXPLOSIVES, AND willfully or knowingly allow any of the firearms
IMPOSING STIFFER PENALTIES FOR CERTAIN owned by such firm, company, corporation or
VIOLATIONS THEREOF, AND FOR RELEVANT entity to be used by any person or persons
PURPOSES." found guilty of violating the provisions of the
preceding paragraphs or willfully or knowingly
Be it enacted by the Senate and House of allow any of them to use unlicensed firearms
Representatives of the Philippines in Congress or firearms without any legal authority to be
assembled:: carried outside of their residence in the
course of their employment.
Section 1. Sec. 1 Presidential Decree No. 1866, as
amended, is hereby further amended to read as "The penalty of arresto mayor shall be
follows: imposed upon any person who shall carry any
licensed firearm outside his residence without
"Sec. 1. Unlawful manufacture, sale, legal authority therefor."
acquisition, disposition or possession of
firearms or ammunition or instruments used or Section 2. Sec. 3 of Presidential Decree No. 1866,
intended to be used in the manufacture of as amended, is hereby further amended to read as
firearms or ammunition. – The penalty of follows:
prision correccional in its maximum period
and a fine of not less than Fifteen thousand "Sec. 3. Unlawful manufacture, sale,
pesos (P15,000) shall be imposed upon any acquisition, disposition or possession of
person who shall unlawfully manufacture, deal explosives. – The penalty of prision mayor in
in, acquire, dispose, or possess any low its maximum period to reclusion temporal and
powered firearm, such as rimfire handgun, a fine of not less than Fifty thousand pesos
.380 or .32 and other firearm of similar (P50,000) shall be imposed upon any person
firepower, part of firearm, ammunition, or who shall unlawfully manufacture, assemble,
machinery, tool or instrument used or deal in, acquire, dispose or possess hand
intended to be used in the manufacture of any grenade(s), rifle grenade(s), and other
firearm or ammunition: Provided, That no explosives, including but not limited to
other crime was committed. 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,'
or other incendiary devices capable of
"The penalty of prision mayor in its minimum producing destructive effect on contiguous
period and a fine of Thirty thousand pesos objects or causing injury or death to any
(P30,000) shall be imposed if the firearm is person.
classified as high powered firearm which
includes those with bores bigger in diameter "When a person commits any of the crimes
than .38 caliber and 9 millimeter such as defined in the Revised Penal Code or special
caliber .40, .41, .44, .45 and also lesser laws with the use of the aforementioned
calibered firearms but considered powerful explosives, detonation agents or incendiary
such as caliber .357 and caliber .22 center- devices, which results in the death of any
fire magnum and other firearms with firing person or persons, the use of such
capability of full automatic and by burst of two explosives, detonation agents or incendiary
or three: Provided, however, That no other devices shall be considered as an
crime was committed by the person arrested. aggravating circumstance.

"If homicide or murder is committed with the "If the violation of this Sec. is in furtherance
use of an unlicensed firearm, such use of an of, or incident to, or in connection with the
unlicensed firearm shall be considered as an crime of rebellion, insurrection, sedition or
aggravating circumstance. attempted coup d'etat, such violation shall be
absorbed as an element of the crimes of
rebellion, insurrection, sedition or attempted Section 8. Repealing clause. – All laws, decrees,
coup d'etat. orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby
"The same penalty shall be imposed upon the repealed, amended, or modified accordingly.
owner, president, manager, director or other
responsible officer of any public or private Section 9. Effectivity. – This Act shall take effect
firm, company, corporation or entity, who shall after fifteen (15) days following its publication in the
willfully or knowingly allow any of the Official Gazette or in two (2) newspapers of general
explosives owned by such firm, company, circulation.
corporation or entity, to be used by any
person or persons found guilty of violating the Approved: June 6, 1997.
provisions of the preceding paragraphs."
a. RULE ON ILLEGAL POSSESSION OF
Section 3. Sec. 5 of Presidential Decree No. 1866, FIREARMS BEFORE AN ACCUSED
as amended, is hereby further amended to read as MAYBE CONVICTED
follows:
Del Rosario vs. People, May 31, 2001
"Sec. 5. Tampering of firearm's serial number.
– The penalty of prision correccional shall be Senior Insp. Adique rejected the license
imposed upon any person who shall presented because, according to him, it was expired.
unlawfully tamper, change, deface or erase However, assuming that the license presented was
the serial number of any firearm." expired during the period January 1995 to January
1997, still, possession of the firearm in question, a .45
Section 4. Sec. 6 of Presidential Decree No. 1866, caliber Colt pistol with serial No. 70G23792, during
as amended, is hereby further amended to read as that period was not illegal. The firearm was kept at
follows: home, not carried outside residence. On June 15,
1996, at the time of the seizure of the firearm in
"Sec. 6. Repacking or altering the question, possession of firearm with an expired
composition of lawfully manufactured license was not considered unlawful, provided that
explosives. – The penalty of prision the license had not been cancelled or revoked.
correccional shall be imposed upon any Republic Act No. 8294, providing that possession of a
person who shall unlawfully repack, alter or firearm with an expired license was unlawful took
modify the composition of any lawfully effect only on July 7, 1997. It could not be given
manufactured explosives." retroactive effect.
According to firearm licensing regulations, the
renewal of a firearm license was automatically
Section 5. Coverage of the Term Unlicensed
applied for upon payment of the license fees for the
Firearm. – The term unlicensed firearm shall include:
renewal period. The expired license was not
cancelled or revoked. It served as temporary authority
1) firearms with expired license; or to possess the firearm until the renewed license was
issued. Meantime, the applicant may keep the gun at
2) unauthorized use of licensed firearm in the home pending renewal of the firearm license and
commission of the crime. issuance of a printed computerized license. He was
not obliged to surrender the weapon.
Section 6. Rules and regulations. – The Aside from the clearly valid and subsisting
Department of Justice and the Department of the license issued to petitioner, on January 25, 1995, the
Interior and Local Government shall jointly issue, Chief, Philippine National Police issued to him a
within ninety (90) days after the approval of this Act, permit to carry firearm outside residence valid until
the necessary rules and regulations pertaining to the January 25, 1996, for the firearm in question. The
administrative aspect of the provisions hereof, Chief, Philippine National Police would not issue a
furnishing the Committee on Public Order and permit to carry firearm outside residence unless
Security and the Committee on Justice and Human petitioner had a valid and subsisting firearm license.
Rights of both Houses of Congress copies of such Although the permit to carry firearm outside residence
rules and regulations within thirty (30) days from the was valid for only one year, and expired on January
promulgation hereof. 25, 1996, such permit is proof that the regular firearm
license was renewed and subsisting within the two-
Section 7. Separability clause. – If, for any reason, year term up to January 1997. “A Permit to Carry
any Sec. or provision of this Act is declared to be Firearm Outside Residence presupposes that the
unconstitutional or invalid, the other Sec.s or party to whom it is issued is duly licensed to possess
provisions thereof which are not affected thereby the firearm in question.” Unquestionably, on January
shall continue to be in full force and effect. 17, 1997, the Chief, Firearms and Explosives
Division, PNP renewed petitioner’s license for the 45
cal. Colt pistol in question.
“In crimes involving illegal possession of b. PRESENT MEANING OF ILLEGAL
firearm, the prosecution has the burden of proving the POSSESSION OF FIREARMS
elements thereof, viz.: (a) the existence of the subject
firearm and (b) the fact that the accused who owned People vs. Molina, G.R. No. 115835-36, July
or possessed it does not have the license or permit to 22,1998
possess the same. The essence of the crime of illegal
possession is the possession, whether actual or In crimes involving illegal possession of
constructive, of the subject firearm, without which firearms, the prosecution has the burden of proving
there can be no conviction for illegal possession. the elements thereof: (1) the existence of the subject
After possession is established by the prosecution, it firearm; and (2) the fact that the accused, who owned
would only be a matter of course to determine or possessed the firearm, did not have the
whether the accused has a license to possess the corresponding license or permit to possess or carry
firearm.” “Possession of any firearm becomes the same outside his residence.
unlawful only if the necessary permit or license Both elements have been indubitably proven by
therefore is not first obtained. The absence of license the prosecution. Witnesses categorically stated that
and legal authority constitutes an essential ingredient both appellants held firearms during the incident—
of the offense of illegal possession of firearm and Veriato, an M-14; and Ruben, a handgun. Recovered
every ingredient or essential element of an offense from the scene of the crime were a revolver, which
must be shown by the prosecution by proof beyond was later confirmed as registered in the name of
reasonable doubt. Stated otherwise, the negative fact Appellant Veriato Molina, and spent shells expelled
of lack or absence of license constitutes an essential from it as well as from other high-caliber weapons.
ingredient of the offense which the prosecution has Neither of the appellants, though both registered
the duty not only to allege but also to prove beyond owners of handguns, was legally authorized to carry
reasonable doubt.” “To convict an accused for illegal such gun outside his residence, according to a
possession of firearms and explosives under P.D. certification issued by the PNP Firearms and
1866, as amended, two (2) essential elements must Explosives Unit. Neither was Appellant Veriato
be indubitably established, viz.: (a) the existence of authorized to possess an M-14 rifle, the weapon he
the subject firearm or explosive which may be proved used in killing Bonifacio Uy. Obviously, the use of an
by the presentation of the subject firearm or explosive M-14 rifle was unauthorized because this weapon
or by the testimony of witnesses who saw accused in cannot be licensed in favor of, nor carried by, private
possession of the same, and (b) the negative fact that individuals. With these pieces of evidence, appellants
the accused had no license or permit to own or should be held liable for violation of Sec. 1 of PD
possess the firearm or explosive which fact may be 1866. Under our ruling in People vs. Quijada,
established by the testimony or certification of a violation of PD 1866 is an offense distinct from
representative of the PNP Firearms and Explosives murder; appellants should perforce be culpable for
Unit that the accused has no license or permit to two separate offenses, as ruled by the trial court.
possess the subject firearm or explosive.“ Fortunately for appellants, however, RA 8294
We stress that the essence of the crime has now amended the said decree and considers the
penalized under P.D. 1866 is primarily the accused’s use of an unlicensed firearm simply as an
lack of license or permit to carry or possess the aggravating circumstance in murder or homicide, and
firearm, ammunition or explosive as possession by not as a separate offense.
itself is not prohibited by law.“ Illegal possession of Unlicensed firearm no longer simply means a
firearm is a crime punished by special law, a malum firearm without a license duly issued by lawful
prohibitum, and no malice or intent to commit a crime authority. The scope of the term has been expanded
need be proved. To support a conviction, however, in Sec. 5 of RA 8294: “SEC. 5. Coverage of the Term
there must be possession coupled with intent to Unlicensed Firearm.—The term unlicensed firearm
possess (animus possidendi) the firearm. shall include: 1) firearms with expired license, or 2)
unauthorized use of licensed firearm in the
People vs. Narvasa, G.R. No. 132878. Nov. 16, commission of the crime.” Thus, the unauthorized use
1998 of a weapon which has been duly licensed in the
name of its owner/possessor may still aggravate the
As aptly explained by the Office of the Solicitor resultant crime. In the case at bar, although
General, the subject firearm is capable of emitting two appellants may have been issued their respective
(2) or three (3) bullets in one squeeze of a trigger licenses to possess firearms, their carrying of such
and, as such, has a firing capability of full automatic weapons outside their residences and their
and burst of two or three which under R.A. No. 8294 unauthorized use thereof in the killing of Bonifacio Uy
is considered a high-powered firearm, the illegal may be appreciated as an aggravating circumstance
possession of which is punishable by prision mayor in in imposing the proper penalty for murder.
its minimum period.
c. ACTS PUNISHABLE
d. INTENT AND POSSESSION e. ANIMUS POSSIDENDI

People vs. Dela Rosa, 284 SCRA 158 People vs. Macasling, 237 SCRA 299

Section 1 of Presidential Decree No. 1866 Under Section 1 of Presidential Decree No. 1866,
punishes any person who shall “x x x unlawfully the gravamen of the offense is basically the fact of
manufacture, deal in, acquire, dispose or possess possession of a firearm without a license, it being
any firearms, part of firearm, ammunition, or assumed that it was so possessed with animus
machinery, tool or instrument used or intended to be possidendi. We have heretofore explained that, in
used in the manufacture of any firearm or view of the text of said decree, the crime may be
ammunition.” (Italics supplied) Broken down into its denominated as simple illegal possession, to
salient elements, illegal possession of firearms is distinguish it from the aggravated form wherein such
committed when the holder thereof: (i) possesses a firearm is used in the commission of a homicide or
firearm; and (ii) lacks the authority or license to murder. However, to be liable for the aggravated form
possess it. of illegal possession of a firearm which entails the
In People v. de Gracia, we clarified the meaning capital punishment, such illegal possession must be
of possession for the purpose of convicting a person the specific and principal offense charged, with the
under PD 1866, thus: x x x In the present case, a fact of killing being included in the particulars of the
distinction should be made between criminal intent indictment.
and intent to possess. While mere possession without
criminal intent, is sufficient to convict a person for f. WHEN THERE IS AN ILLEGAL
illegal possession of a firearm, it must still be shown POSSESSION OF FIREARM
that there was animus possidendi or an intent to
possess on the part of the accused. Such intent to Pastrano vs. Court of Appeals, 281 SCRA 287
possess is, however, without regard to any other
criminal or felonious intent which the accused may The possession of any firearm without the
have harbored in possessing the firearm. Criminal requisite permit/license is thus unlawful. In this case
intent here refers to the intention of the accused to two witnesses for the prosecution, both from the
commit an offense with the use of an unlicensed Philippine Constabulary, testified that petitioner had
firearm. This is not important in convicting a person no license to possess the firearms seized from him.
under Presidential Decree No. 1866. Hence, in order Sgt. Eugenio Salingay, officer-in-charge of the
that one may be found guilty of a violation of the licensing of firearms at Camp Naranjo in Oroquieta
decree, it is sufficient that the accused had no City, testified that petitioner and his common-law wife
authority or license to possess a firearm, and that he Erlinda Ventir were not in the list of registered firearm
intended to possess the same, even if such holders in Misamis Occidental. Neither did they have
possession was made in good faith and without any pending application for a gun permit.
criminal intent.” The trial court and the Court of Appeals both
Hence, the kind of possession punishable under ruled that the Mission Orders and the Permits to
PD No. 1866 is one where the accused possessed a Carry Firearm Outside of Residence did not give
firearm either physically or constructively with animus petitioner authority to possess the firearms in
possidendi or intention to possess the same. It is not question. We agree. It is clear from P.D. No. 1866, §1
enough that the firearm was found in the person of and the Implementing Rules, §2 that a license is
the accused who held the same temporarily and necessary in order to possess a firearm. A Permit to
casually or for the purpose of surrendering the same. Carry Firearm Outside Residence does not render the
Admittedly, animus possidendi is a state of mind. As license unnecessary because its purpose is only to
such, what goes on into the mind of an accused, as authorize its holder to carry the firearm outside his
his real intent, could be determined solely based on residence. A Permit to Carry a Firearm Outside the
his prior and coetaneous acts and the surrounding Residence presupposes that the party to whom it is
circumstances explaining how the subject firearm issued is duly licensed to possess the firearm in
came to his possession. question.
That animus possidendi is determinable from the For the same reason, a Mission Order cannot
prior and simultaneous acts of the accused is further take the place of a license. As the trial court pointed
exemplified by People v. Lubo. In this case, while out: Sec. 1(d) of the implementing rules and
accused-appellant pleaded lack of animus regulations of P.D. No. 1866 defines a mission order
possidendi, his conduct belied the same. Accused- as a “written directive or order issued by competent
appellant Lubo was found to have secured a “tem- authority to persons under his supervision and control
porary license” for the subject firearm. Under such for a definite purpose or objective during a specified
circumstance, we held that accused-appellant period and to such place or places as therein
intended to possess the subject firearm beyond mentioned which may entitle the bearer thereof to
reasonable doubt. carry his duly issued or licensed firearm outside of his
residence when so specified therein.” As in the case
of Permit to Carry Firearm Outside the Residence, a
Mission Order can only be issued to the holder of a i. TEMPORARY POSSESSION
permit/license or authority to possess firearm.
Nor is there any merit in petitioner’s contention People vs. Verches, 233 SCRA 174
that since the .32 cal. revolver is covered by a license
issued to its former owner, petitioner’s possession of Appellants’ contention that the trial court erred in
the same firearm is legal. The permit/license or convicting them of illegal possession of firearms must
authority to possess firearm contemplated by P.D. also fail. Their contention is premised on the
No. 1866 and its Implementing Rules is one which is allegations that they used the firearms in legitimate
issued to the applicant taking into account his self-defense and that they did not own the firearms
qualifications. Contrary to petitioner’s contention, and their possession of the same “was for a fleeting
therefore, the possession of firearms is unlike the moment only and the firearm was not subject to his
registration of motor vehicles. A permit/license or control and management.” The provision of P.D. 1866
authority to possess firearms is not transferrable to is clear. What is penalized in the first paragraph is the
the purchaser of the firearm. act of a person who shall, among others, “unlawfully
possess any firearm x x x (or) ammunition x x x.” The
g. ILLEGAL POSSESSION BUT IN GOOD possession of a firearm becomes unlawful when there
FAITH is no permit or license for its holding. The law does
not prescribe a minimum period of time for the
Cuenco vs. People, 33 SCRA 522 holding of the firearm before its possession can be
illegal.
A security guard given firearms and ammunition However, the trial court erred in finding
by his employer, a duly licensed security agency, appellants guilty of violating Section 1 of P.D. No.
cannot be held guilty of the crime of illegal 1866 “resulting to murder,” and in sentencing said
possession of firearms and ammunition owing to the accused to suffer a penalty of reclusion
failure of the owner or manager of the security perpetua (Rollo, p. 84). It is true that under paragraph
agency to comply with his duty to obtain such license 2 of Section 1 of P.D. No. 1866, the penalty of death
before he issued and delivered the firearm and shall be imposed if homicide or murder is committed
ammunitions to his employee. with the use of an unlicensed firearm. This qualifying
The reason is that the employee is entitled to circumstance must, however, be alleged in the
assume that his employer had the requisite license to information, which was not done in Criminal Case No.
possess said firearm and ammunition and to turn B-85-216.
them over to him while he was on duty as one of the
regular security guards of the Bataan Veterans j. ADMISSION BY THE ACCUSED THAT HE
Security Agency, the same being a duly licensed HAS NO LICENSE
security agency. As a duly licensed agency, it is
allowed to engage the services of competent persons People vs. Julian Castillo y Lumayro, G.R. No.
to discharge the duties of special watchmen and 131592-93, Feb. 15, 2000
security guards, and provide them, as such, with the
corresponding firearms and ammunitions. The P.D. 1866, which codified the laws on illegal
agency is thus supposed to obtain the license possession of firearms, was amended on June 6,
necessary therefor. 1997 by Republic Act 8294. Aside from lowering the
The owner, manager and/or operator of the penalty for said crime, R.A. 8294 also provided that if
security agency who failed to secure the requisite homicide or murder is committed with the use of an
license before issuing the firearm and ammunition to unlicensed firearm, such use shall be considered as a
the security guards should be prosecuted for illegal special aggravating circumstance. This amendment
possession of firearms and/or such other crime as has two (2) implications: first,the use of an unlicensed
may have been committed in consequence of the firearm in the commission of homicide or murder shall
breach of the laws and regulations regarding the not be treated as a separate offense, but merely as a
operation of a security agency and use and issuance special aggravating circumstance; second, as only a
of firearms. single crime (homicide or murder with the aggravating
circumstance of illegal possession of firearm) is
h. A PERSON WHO ACCEPTS A FIREARM committed under the law, only one penalty shall be
FOR SAFEKEEPING MAYBE HELD LIABLE imposed on the accused.
IF HE CARRIES THE SAME Prescinding therefrom, and considering that the
provisions of the amendatory law are favorable to
People vs. Sayong, 110 Phil 565 herein appellant, the new law should be retroactively
applied in the case at bar. It was thus error for the
The possession of a firearm which is punishable trial court to convict the appellant of two (2) separate
by law covers not only physical possession, but also offenses, i.e., Homicide and Illegal Possession of
one that is constructive provided the element of Firearms, and punish him separately for each crime.
animus possidendi is present. Based on the facts of the case, the crime for which
the appellant may be charged is homicide,
aggravated by illegal possession of firearm, the
correct denomination for the crime, and not illegal essential chemical, equipment or paraphernalia, or
possession of firearm, aggravated by homicide as property believed to be derived directly or indirectly
ruled by the trial court, as it is the former offense from any offense, to pass into, through or out of the
which aggravates the crime of homicide under the country under the supervision of an authorized officer,
amendatory law. Same; Same; Elements.—Two (2) with a view to gathering evidence to identify any
requisites are necessary to establish illegal person involved in any dangerous drugs related
possession of firearms: first, the existence of the offense, or to facilitate prosecution of that offense.
subject firearm, and second,the fact that the accused
who owned or possessed the gun did not have the (h) Controlled Precursors and Essential Chemicals. –
corresponding license or permit to carry it outside his Include those listed in Tables I and II of the 1988 UN
residence. The onus probandi of establishing these Convention Against Illicit Traffic in Narcotic Drugs and
elements as alleged in the Information lies with the Psychotropic Substances as enumerated in the
prosecution. attached annex, which is an integral part of this Act.

(i) Cultivate or Culture. – Any act of knowingly


COMPREHENSIVE DANGEROUS DRUGS ACT planting, growing, raising, or permitting the planting,
OF 2002 (R.A. 9165) growing or raising of any plant which is the source of
a dangerous drug.
a. DEFINITION OF TERMS
(j) Dangerous Drugs. – Include those listed in the
Section 3. Definitions. As used in this Act, the Schedules annexed to the 1961 Single Convention on
following terms shall mean: Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single
(a) Administer. – Any act of introducing any Convention on Psychotropic Substances as
dangerous drug into the body of any person, with or enumerated in the attached annex which is an
without his/her knowledge, by injection, inhalation, integral part of this Act.
ingestion or other means, or of committing any act of
indispensable assistance to a person in administering (k) Deliver. – Any act of knowingly passing a
a dangerous drug to himself/herself unless dangerous drug to another, personally or otherwise,
administered by a duly licensed practitioner for and by any means, with or without consideration.
purposes of medication.
(l) Den, Dive or Resort. – A place where any
(b) Board. - Refers to the Dangerous Drugs Board dangerous drug and/or controlled precursor and
under Section 77, Article IX of this Act. essential chemical is administered, delivered, stored
for illegal purposes, distributed, sold or used in any
(c) Centers. - Any of the treatment and rehabilitation form.
centers for drug dependents referred to in Section 34,
Article VIII of this Act. (m) Dispense. – Any act of giving away, selling or
distributing medicine or any dangerous drug with or
(d) Chemical Diversion. – The sale, distribution, without the use of prescription.
supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and (n) Drug Dependence. – As based on the World
essential chemicals, in diluted, mixtures or in Health Organization definition, it is a cluster of
concentrated form, to any person or entity engaged in physiological, behavioral and cognitive phenomena of
the manufacture of any dangerous drug, and shall variable intensity, in which the use of psychoactive
include packaging, repackaging, labeling, relabeling drug takes on a high priority thereby involving, among
or concealment of such transaction through fraud, others, a strong desire or a sense of compulsion to
destruction of documents, fraudulent use of permits, take the substance and the difficulties in controlling
misdeclaration, use of front companies or mail fraud. substance-taking behavior in terms of its onset,
termination, or levels of use.
(e) Clandestine Laboratory. – Any facility used for the
illegal manufacture of any dangerous drug and/or (o) Drug Syndicate. – Any organized group of two (2)
controlled precursor and essential chemical. or more persons forming or joining together with the
intention of committing any offense prescribed under
(f) Confirmatory Test. – An analytical test using a this Act.
device, tool or equipment with a different chemical or
physical principle that is more specific which will (p) Employee of Den, Dive or Resort. – The
validate and confirm the result of the screening test. caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort, employed
(g) Controlled Delivery. – The investigative technique by the maintainer, owner and/or operator where any
of allowing an unlawful or suspect consignment of dangerous drug and/or controlled precursor and
any dangerous drug and/or controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without composition, including any of its isomers or
compensation, in connection with the operation derivatives in any form.
thereof.
(x) Methamphetamine Hydrochloride or commonly
(q) Financier. – Any person who pays for, raises or known as "Shabu", "Ice", "Meth", or by its any other
supplies money for, or underwrites any of the illegal name. – Refers to the drug having such chemical
activities prescribed under this Act. composition, including any of its isomers or
derivatives in any form.
(r) Illegal Trafficking. – The illegal cultivation, culture,
delivery, administration, dispensation, manufacture, (y) Opium. – Refers to the coagulated juice of the
sale, trading, transportation, distribution, importation, opium poppy (Papaver somniferum L.) and embraces
exportation and possession of any dangerous drug every kind, class and character of opium, whether
and/or controlled precursor and essential chemical. crude or prepared; the ashes or refuse of the same;
narcotic preparations thereof or therefrom; morphine
(s) Instrument. – Any thing that is used in or intended or any alkaloid of opium; preparations in which opium,
to be used in any manner in the commission of illegal morphine or any alkaloid of opium enters as an
drug trafficking or related offenses. ingredient; opium poppy; opium poppy straw; and
leaves or wrappings of opium leaves, whether
(t) Laboratory Equipment. – The paraphernalia, prepared for use or not.
apparatus, materials or appliances when used,
intended for use or designed for use in the (z) Opium Poppy. – Refers to any part of the plant of
manufacture of any dangerous drug and/or controlled the species Papaver somniferum L., Papaver
precursor and essential chemical, such as reaction setigerum DC, Papaver orientale, Papaver
vessel, preparative/purifying equipment, fermentors, bracteatum and Papaver rhoeas, which includes the
separatory funnel, flask, heating mantle, gas seeds, straws, branches, leaves or any part thereof,
generator, or their substitute. or substances derived therefrom, even for floral,
decorative and culinary purposes.
(u) Manufacture. – The production, preparation,
compounding or processing of any dangerous drug (aa) PDEA. – Refers to the Philippine Drug
and/or controlled precursor and essential chemical, Enforcement Agency under Section 82, Article IX of
either directly or indirectly or by extraction from this Act.
substances of natural origin, or independently by
means of chemical synthesis or by a combination of (bb) Person. – Any entity, natural or juridical,
extraction and chemical synthesis, and shall include including among others, a corporation, partnership,
any packaging or repackaging of such substances, trust or estate, joint stock company, association,
design or configuration of its form, or labeling or syndicate, joint venture or other unincorporated
relabeling of its container; except that such terms do organization or group capable of acquiring rights or
not include the preparation, compounding, packaging entering into obligations.
or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her (cc) Planting of Evidence. – The willful act by any
administration or dispensation of such drug or person of maliciously and surreptitiously inserting,
substance in the course of his/her professional placing, adding or attaching directly or indirectly,
practice including research, teaching and chemical through any overt or covert act, whatever quantity of
analysis of dangerous drugs or such substances that any dangerous drug and/or controlled precursor and
are not intended for sale or for any other purpose. essential chemical in the person, house, effects or in
the immediate vicinity of an innocent individual for the
(v) Cannabis or commonly known as "Marijuana" or purpose of implicating, incriminating or imputing the
"Indian Hemp" or by its any other name. – Embraces commission of any violation of this Act.
every kind, class, genus, or specie of the
plant Cannabis sativa L. including, but not limited (dd) Practitioner. – Any person who is a licensed
to, Cannabis americana, hashish, bhang, guaza, physician, dentist, chemist, medical technologist,
churrus and ganjab, and embraces every kind, class nurse, midwife, veterinarian or pharmacist in the
and character of marijuana, whether dried or fresh Philippines.
and flowering, flowering or fruiting tops, or any part or
portion of the plant and seeds thereof, and all its (ee) Protector/Coddler. – Any person who knowingly
geographic varieties, whether as a reefer, resin, and willfully consents to the unlawful acts provided for
extract, tincture or in any form whatsoever. in this Act and uses his/her influence, power or
position in shielding, harboring, screening or
(w) Methylenedioxymethamphetamine (MDMA) or facilitating the escape of any person he/she knows, or
commonly known as "Ecstasy", or by its any other has reasonable grounds to believe on or suspects,
name. – Refers to the drug having such chemical has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of the The maximum penalty provided for under this Section
violator. shall be imposed upon any person, who, unless
authorized under this Act, shall import or bring into
(ff) Pusher. – Any person who sells, trades, the Philippines any dangerous drug and/or controlled
administers, dispenses, delivers or gives away to precursor and essential chemical through the use of a
another, on any terms whatsoever, or distributes, diplomatic passport, diplomatic facilities or any other
dispatches in transit or transports dangerous drugs or means involving his/her official status intended to
who acts as a broker in any of such transactions, in facilitate the unlawful entry of the same. In addition,
violation of this Act. the diplomatic passport shall be confiscated and
canceled.
(gg) School. – Any educational institution, private or
public, undertaking educational operation for The maximum penalty provided for under this Section
pupils/students pursuing certain studies at defined shall be imposed upon any person, who organizes,
levels, receiving instructions from teachers, usually manages or acts as a "financier" of any of the illegal
located in a building or a group of buildings in a activities prescribed in this Section.
particular physical or cyber site.
The penalty of twelve (12) years and one (1) day to
(hh) Screening Test. – A rapid test performed to twenty (20) years of imprisonment and a fine ranging
establish potential/presumptive positive result. from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be
(ii) Sell. – Any act of giving away any dangerous drug imposed upon any person, who acts as a
and/or controlled precursor and essential chemical "protector/coddler" of any violator of the provisions
whether for money or any other consideration. under this Section.

(jj) Trading. – Transactions involving the illegal Section 5. Sale, Trading, Administration,
trafficking of dangerous drugs and/or controlled Dispensation, Delivery, Distribution and
precursors and essential chemicals using electronic Transportation of Dangerous Drugs and/or Controlled
devices such as, but not limited to, text messages, Precursors and Essential Chemicals. - The penalty of
email, mobile or landlines, two-way radios, internet, life imprisonment to death and a fine ranging from
instant messengers and chat rooms or acting as a Five hundred thousand pesos (P500,000.00) to Ten
broker in any of such transactions whether for money million pesos (P10,000,000.00) shall be imposed
or any other consideration in violation of this Act. upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or
(kk) Use. – Any act of injecting, intravenously or
transport any dangerous drug, including any and all
intramuscularly, of consuming, either by chewing,
species of opium poppy regardless of the quantity
smoking, sniffing, eating, swallowing, drinking or
and purity involved, or shall act as a broker in any of
otherwise introducing into the physiological system of
such transactions.
the body, and of the dangerous drugs.
The penalty of imprisonment ranging from twelve (12)
b. ACTS PUNISHABLE
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
Section 4. Importation of Dangerous Drugs and/or (P100,000.00) to Five hundred thousand pesos
Controlled Precursors and Essential Chemicals.- .The (P500,000.00) shall be imposed upon any person,
penalty of life imprisonment to death and a ranging who, unless authorized by law, shall sell, trade,
from Five hundred thousand pesos (P500,000.00) to administer, dispense, deliver, give away to another,
Ten million pesos (P10,000,000.00) shall be imposed distribute, dispatch in transit or transport any
upon any person, who, unless authorized by law, controlled precursor and essential chemical, or shall
shall import or bring into the Philippines any act as a broker in such transactions.
dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium
If the sale, trading, administration, dispensation,
poppy or any part thereof or substances derived
delivery, distribution or transportation of any
therefrom even for floral, decorative and culinary
dangerous drug and/or controlled precursor and
purposes.
essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty
The penalty of imprisonment ranging from twelve (12) shall be imposed in every case.
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
For drug pushers who use minors or mentally
(P100,000.00) to Five hundred thousand pesos
incapacitated individuals as runners, couriers and
(P500,000.00) shall be imposed upon any person,
messengers, or in any other capacity directly
who, unless authorized by law, shall import any
connected to the dangerous drugs and/or controlled
controlled precursor and essential chemical.
precursors and essential chemical trade, the owner shall be included as an accused in the criminal
maximum penalty shall be imposed in every case. complaint.

If the victim of the offense is a minor or a mentally The maximum penalty provided for under this Section
incapacitated individual, or should a dangerous drug shall be imposed upon any person who organizes,
and/or a controlled precursor and essential chemical manages or acts as a "financier" of any of the illegal
involved in any offense herein provided be the activities prescribed in this Section.
proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section The penalty twelve (12) years and one (1) day to
shall be imposed. twenty (20) years of imprisonment and a fine ranging
from One hundred thousand pesos (P100,000.00) to
The maximum penalty provided for under this Section Five hundred thousand pesos (P500,000.00) shall be
shall be imposed upon any person who organizes, imposed upon any person, who acts as a
manages or acts as a "financier" of any of the illegal "protector/coddler" of any violator of the provisions
activities prescribed in this Section. under this Section.

The penalty of twelve (12) years and one (1) day to Section 7. Employees and Visitors of a Den, Dive or
twenty (20) years of imprisonment and a fine ranging Resort. - The penalty of imprisonment ranging from
from One hundred thousand pesos (P100,000.00) to twelve (12) years and one (1) day to twenty (20)
Five hundred thousand pesos (P500,000.00) shall be years and a fine ranging from One hundred thousand
imposed upon any person, who acts as a pesos (P100,000.00) to Five hundred thousand pesos
"protector/coddler" of any violator of the provisions (P500,000.00) shall be imposed upon:
under this Section.
(a) Any employee of a den, dive or resort,
Section 6. Maintenance of a Den, Dive or Resort. - who is aware of the nature of the place as
The penalty of life imprisonment to death and a fine such; and
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) (b) Any person who, not being included in the
shall be imposed upon any person or group of provisions of the next preceding, paragraph,
persons who shall maintain a den, dive or resort is aware of the nature of the place as such
where any dangerous drug is used or sold in any and shall knowingly visit the same
form.
Section 8. Manufacture of Dangerous Drugs and/or
The penalty of imprisonment ranging from twelve (12) Controlled Precursors and Essential Chemicals. - The
years and one (1) day to twenty (20) years and a fine penalty of life imprisonment to death and a fine
ranging from One hundred thousand pesos ranging Five hundred thousand pesos (P500,000.00)
(P100,000.00) to Five hundred thousand pesos to Ten million pesos (P10,000,000.00) shall be
(P500,000.00) shall be imposed upon any person or imposed upon any person, who, unless authorized by
group of persons who shall maintain a den, dive, or law, shall engage in the manufacture of any
resort where any controlled precursor and essential dangerous drug.
chemical is used or sold in any form.
The penalty of imprisonment ranging from twelve (12)
The maximum penalty provided for under this Section years and one (1) day to twenty (20) years and a fine
shall be imposed in every case where any dangerous ranging from One hundred thousand pesos
drug is administered, delivered or sold to a minor who (P100,000.00) to Five hundred thousand pesos
is allowed to use the same in such a place. (P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall manufacture any
Should any dangerous drug be the proximate cause controlled precursor and essential chemical.
of the death of a person using the same in such den,
dive or resort, the penalty of death and a fine ranging The presence of any controlled precursor and
from One million (P1,000,000.00) to Fifteen million essential chemical or laboratory equipment in the
pesos (P500,000.00) shall be imposed on the clandestine laboratory is a prima facie proof of
maintainer, owner and/or operator. manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the
If such den, dive or resort is owned by a third person, clandestine laboratory is undertaken or established
the same shall be confiscated and escheated in favor under the following circumstances:
of the government: Provided, That the criminal
complaint shall specifically allege that such place is (a) Any phase of the manufacturing process
intentionally used in the furtherance of the was conducted in the presence or with the
crime: Provided, further, That the prosecution shall help of minor/s:
prove such intent on the part of the owner to use the
property for such purpose: Provided, finally, That the
(b) Any phase or manufacturing process was introduce into the human body a dangerous drug in
established or undertaken within one hundred violation of this Act.
(100) meters of a residential, business,
church or school premises; The maximum penalty provided for under this Section
shall be imposed upon any person, who uses a minor
(c) Any clandestine laboratory was secured or or a mentally incapacitated individual to deliver such
protected with booby traps; equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
(d) Any clandestine laboratory was concealed
with legitimate business operations; or Section 11. Possession of Dangerous Drugs. - The
penalty of life imprisonment to death and a fine
(e) Any employment of a practitioner, ranging from Five hundred thousand pesos
chemical engineer, public official or foreigner. (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
The maximum penalty provided for under this Section authorized by law, shall possess any dangerous drug
shall be imposed upon any person, who organizes, in the following quantities, regardless of the degree of
manages or acts as a "financier" of any of the illegal purity thereof:
activities prescribed in this Section.
(1) 10 grams or more of opium;
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging (2) 10 grams or more of morphine;
from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be (3) 10 grams or more of heroin;
imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions (4) 10 grams or more of cocaine or cocaine
under this Section. hydrochloride;

Section 9. Illegal Chemical Diversion of Controlled (5) 50 grams or more of methamphetamine


Precursors and Essential Chemicals. - The penalty of hydrochloride or "shabu";
imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from (6) 10 grams or more of marijuana resin or
One hundred thousand pesos (P100,000.00) to Five marijuana resin oil;
hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by
(7) 500 grams or more of marijuana; and
law, shall illegally divert any controlled precursor and
essential chemical.
(8) 10 grams or more of other dangerous
drugs such as, but not limited to,
Section 10. Manufacture or Delivery of Equipment,
methylenedioxymethamphetamine (MDA) or
Instrument, Apparatus, and Other Paraphernalia for
"ecstasy", paramethoxyamphetamine (PMA),
Dangerous Drugs and/or Controlled Precursors and
trimethoxyamphetamine (TMA), lysergic acid
Essential Chemicals. - The penalty of imprisonment
diethylamine (LSD), gamma
ranging from twelve (12) years and one (1) day to
hydroxyamphetamine (GHB), and those
twenty (20) years and a fine ranging from One
similarly designed or newly introduced drugs
hundred thousand pesos (P100,000.00) to Five
and their derivatives, without having any
hundred thousand pesos (P500,000.00) shall be
therapeutic value or if the quantity possessed
imposed upon any person who shall deliver, possess
is far beyond therapeutic requirements, as
with intent to deliver, or manufacture with intent to
determined and promulgated by the Board in
deliver equipment, instrument, apparatus and other
accordance to Section 93, Article XI of this
paraphernalia for dangerous drugs, knowing, or under
Act.
circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, Otherwise, if the quantity involved is less than the
process, prepare, test, analyze, pack, repack, store, foregoing quantities, the penalties shall be graduated
contain or conceal any dangerous drug and/or as follows:
controlled precursor and essential chemical in
violation of this Act. (1) Life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00)
The penalty of imprisonment ranging from six (6) to Five hundred thousand pesos
months and one (1) day to four (4) years and a fine (P500,000.00), if the quantity of
ranging from Ten thousand pesos (P10,000.00) to methamphetamine hydrochloride or "shabu" is
Fifty thousand pesos (P50,000.00) shall be imposed if ten (10) grams or more but less than fifty (50)
it will be used to inject, ingest, inhale or otherwise grams;
(2) Imprisonment of twenty (20) years and himself/herself, injected, ingested or used a
one (1) day to life imprisonment and a fine dangerous drug and shall be presumed to have
ranging from Four hundred thousand pesos violated Section 15 of this Act.
(P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of Section 13. Possession of Dangerous Drugs During
dangerous drugs are five (5) grams or more Parties, Social Gatherings or Meetings. – Any person
but less than ten (10) grams of opium, found possessing any dangerous drug during a party,
morphine, heroin, cocaine or cocaine or at a social gathering or meeting, or in the
hydrochloride, marijuana resin or marijuana proximate company of at least two (2) persons, shall
resin oil, methamphetamine hydrochloride or suffer the maximum penalties provided for in Section
"shabu", or other dangerous drugs such as, 11 of this Act, regardless of the quantity and purity of
but not limited to, MDMA or "ecstasy", PMA, such dangerous drugs.
TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their Section 14. Possession of Equipment, Instrument,
derivatives, without having any therapeutic Apparatus and Other Paraphernalia for Dangerous
value or if the quantity possessed is far Drugs During Parties, Social Gatherings or Meetings.
beyond therapeutic requirements; or three - The maximum penalty provided for in Section 12 of
hundred (300) grams or more but less than this Act shall be imposed upon any person, who shall
five (hundred) 500) grams of marijuana; and possess or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit or
(3) Imprisonment of twelve (12) years and one intended for smoking, consuming, administering,
(1) day to twenty (20) years and a fine ranging injecting, ingesting, or introducing any dangerous
from Three hundred thousand pesos drug into the body, during parties, social gatherings or
(P300,000.00) to Four hundred thousand meetings, or in the proximate company of at least two
pesos (P400,000.00), if the quantities of (2) persons.
dangerous drugs are less than five (5) grams
of opium, morphine, heroin, cocaine or Section 15. Use of Dangerous Drugs. – A person
cocaine hydrochloride, marijuana resin or apprehended or arrested, who is found to be positive
marijuana resin oil, methamphetamine for use of any dangerous drug, after a confirmatory
hydrochloride or "shabu", or other dangerous test, shall be imposed a penalty of a minimum of six
drugs such as, but not limited to, MDMA or (6) months rehabilitation in a government center for
"ecstasy", PMA, TMA, LSD, GHB, and those the first offense, subject to the provisions of Article
similarly designed or newly introduced drugs VIII of this Act. If apprehended using any dangerous
and their derivatives, without having any drug for the second time, he/she shall suffer the
therapeutic value or if the quantity possessed penalty of imprisonment ranging from six (6) years
is far beyond therapeutic requirements; or and one (1) day to twelve (12) years and a fine
less than three hundred (300) grams of ranging from Fifty thousand pesos (P50,000.00) to
marijuana. Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not
Section 12. Possession of Equipment, Instrument, be applicable where the person tested is also found
Apparatus and Other Paraphernalia for Dangerous to have in his/her possession such quantity of any
Drugs. - The penalty of imprisonment ranging from six dangerous drug provided for under Section 11 of this
(6) months and one (1) day to four (4) years and a Act, in which case the provisions stated therein shall
fine ranging from Ten thousand pesos (P10,000.00) apply.
to Fifty thousand pesos (P50,000.00) shall be
imposed upon any person, who, unless authorized by Section 16. Cultivation or Culture of Plants Classified
law, shall possess or have under his/her control any as Dangerous Drugs or are Sources Thereof. - The
equipment, instrument, apparatus and other penalty of life imprisonment to death and a fine
paraphernalia fit or intended for smoking, consuming, ranging from Five hundred thousand pesos
administering, injecting, ingesting, or introducing any (P500,000.00) to Ten million pesos (P10,000,000.00)
dangerous drug into the body: Provided, That in the shall be imposed upon any person, who shall plant,
case of medical practitioners and various cultivate or culture marijuana, opium poppy or any
professionals who are required to carry such other plant regardless of quantity, which is or may
equipment, instrument, apparatus and other hereafter be classified as a dangerous drug or as a
paraphernalia in the practice of their profession, the source from which any dangerous drug may be
Board shall prescribe the necessary implementing manufactured or derived: Provided, That in the case
guidelines thereof. of medical laboratories and medical research centers
which cultivate or culture marijuana, opium poppy and
The possession of such equipment, instrument, other plants, or materials of such dangerous drugs for
apparatus and other paraphernalia fit or intended for medical experiments and research purposes, or for
any of the purposes enumerated in the preceding the creation of new types of medicine, the Board shall
paragraph shall be prima facie evidence that the prescribe the necessary implementing guidelines for
possessor has smoked, consumed, administered to the proper cultivation, culture, handling,
experimentation and disposal of such plants and Section 19. Unlawful Prescription of Dangerous
materials. Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos
The land or portions thereof and/or greenhouses on (P500,000.00) to Ten million pesos (P10,000,000.00)
which any of said plants is cultivated or cultured shall shall be imposed upon any person, who, unless
be confiscated and escheated in favor of the State, authorized by law, shall make or issue a prescription
unless the owner thereof can prove lack of knowledge or any other writing purporting to be a prescription for
of such cultivation or culture despite the exercise of any dangerous drug.
due diligence on his/her part. If the land involved is
part of the public domain, the maximum penalty
provided for under this Section shall be imposed upon c. CRIMINAL LIABILITY OF ALIENS,
the offender. OFFICERS OF PERTNERSHIP,
CORPORATION, ASSOCIATIONS, OR
The maximum penalty provided for under this Section OTHER JURIDICAL ENTITIES.
shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal Section 30. Criminal Liability of Officers of
activities prescribed in this Section. Partnerships, Corporations, Associations or Other
Juridical Entities. – In case any violation of this Act is
The penalty of twelve (12) years and one (1) day to committed by a partnership, corporation, association
twenty (20) years of imprisonment and a fine ranging or any juridical entity, the partner, president, director,
from One hundred thousand pesos (P100,000.00) to manager, trustee, estate administrator, or officer who
Five hundred thousand pesos (P500,000.00) shall be consents to or knowingly tolerates such violation shall
imposed upon any person, who acts as a be held criminally liable as a co-principal.
"protector/coddler" of any violator of the provisions
under this Section. The penalty provided for the offense under this Act
shall be imposed upon the partner, president,
Section 17. Maintenance and Keeping of Original director, manager, trustee, estate administrator, or
Records of Transactions on Dangerous Drugs and/or officer who knowingly authorizes, tolerates or
Controlled Precursors and Essential Chemicals. - The consents to the use of a vehicle, vessel, aircraft,
penalty of imprisonment ranging from one (1) year equipment or other facility, as an instrument in the
and one (1) day to six (6) years and a fine ranging importation, sale, trading, administration,
from Ten thousand pesos (P10,000.00) to Fifty dispensation, delivery, distribution, transportation or
thousand pesos (P50,000.00) shall be imposed upon manufacture of dangerous drugs, or chemical
any practitioner, manufacturer, wholesaler, importer, diversion, if such vehicle, vessel, aircraft, equipment
distributor, dealer or retailer who violates or fails to or other instrument is owned by or under the control
comply with the maintenance and keeping of the or supervision of the partnership, corporation,
original records of transactions on any dangerous association or juridical entity to which they are
drug and/or controlled precursor and essential affiliated.
chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the d. CRIMINAL LIABILITY OF PUBLIC


revocation of the license to practice his/her OFFICERS OR EMPLOYEES (Secs 27 and
profession, in case of a practitioner, or of the 28)
business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
Section 27. Criminal Liability of a Public Officer or
Section 18. Unnecessary Prescription of Dangerous Employee for Misappropriation, Misapplication or
Drugs. – The penalty of imprisonment ranging from Failure to Account for the Confiscated, Seized and/or
twelve (12) years and one (1) day to twenty (20) Surrendered Dangerous Drugs, Plant Sources of
years and a fine ranging from One hundred thousand Dangerous Drugs, Controlled Precursors and
pesos (P100,000.00) to Five hundred thousand pesos Essential Chemicals, Instruments/Paraphernalia
(P500,000.00) and the additional penalty of the and/or Laboratory Equipment Including the Proceeds
revocation of his/her license to practice shall be or Properties Obtained from the Unlawful Act
imposed upon the practitioner, who shall prescribe Committed. – The penalty of life imprisonment to
any dangerous drug to any person whose physical or death and a fine ranging from Five hundred thousand
physiological condition does not require the use or in pesos (P500,000.00) to Ten million pesos
the dosage prescribed therein, as determined by the (P10,000,000.00), in addition to absolute perpetual
Board in consultation with recognized competent disqualification from any public office, shall be
experts who are authorized representatives of imposed upon any public officer or employee who
professional organizations of practitioners, particularly misappropriates, misapplies or fails to account for
those who are involved in the care of persons with confiscated, seized or surrendered dangerous drugs,
severe pain. plant sources of dangerous drugs, controlled
precursors and essential chemicals, subdivisions, and intermediaries, including
instruments/paraphernalia and/or laboratory government-owned or –controlled corporations.
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this f. CRINMINAL LIABILITY OF PRIVATE
Act. INDIVIDUAL (Sec. 29 and Sec. 32)

Any elective local or national official found to have Section 29. Criminal Liability for Planting of
benefited from the proceeds of the trafficking of Evidence. – Any person who is found guilty of
dangerous drugs as prescribed in this Act, or have "planting" any dangerous drug and/or controlled
received any financial or material contributions or precursor and essential chemical, regardless of
donations from natural or juridical persons found quantity and purity, shall suffer the penalty of death.
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually Section 32. Liability to a Person Violating Any
disqualified from holding any elective or appointive Regulation Issued by the Board. – The penalty of
positions in the government, its divisions, imprisonment ranging from six (6) months and one (1)
subdivisions, and intermediaries, including day to four (4) years and a fine ranging from Ten
government-owned or –controlled corporations. thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person
Section 28. Criminal Liability of Government Officials found violating any regulation duly issued by the
and Employees. – The maximum penalties of the Board pursuant to this Act, in addition to the
unlawful acts provided for in this Act shall be administrative sanctions imposed by the Board.
imposed, in addition to absolute perpetual
disqualification from any public office, if those found g. CRIMINAL LIABILITY FOR PLANTING OF
guilty of such unlawful acts are government officials EVIDENCE (Sec. 29)
and employees.
Section 29. Criminal Liability for Planting of
e. CRIMINAL LIABILITY OF ELECCAL OR Evidence. – Any person who is found guilty of
NATIONAL OFFICIALS WHO BENEFITS "planting" any dangerous drug and/or controlled
FROM DRUG TRAFFICKING (Sec 27) precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of death.
Section 27. Criminal Liability of a Public Officer or
h. ACCESSORY PENALTIES (Sec. 35)
Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or
Section 35. Accessory Penalties. – A person
Surrendered Dangerous Drugs, Plant Sources of
convicted under this Act shall be disqualified to
Dangerous Drugs, Controlled Precursors and
exercise his/her civil rights such as but not limited to,
Essential Chemicals, Instruments/Paraphernalia
the rights of parental authority or guardianship, either
and/or Laboratory Equipment Including the Proceeds
as to the person or property of any ward, the rights to
or Properties Obtained from the Unlawful Act
dispose of such property by any act or any
Committed. – The penalty of life imprisonment to
conveyance inter vivos, and political rights such as
death and a fine ranging from Five hundred thousand
but not limited to, the right to vote and be voted for.
pesos (P500,000.00) to Ten million pesos
Such rights shall also be suspended during the
(P10,000,000.00), in addition to absolute perpetual
pendency of an appeal from such conviction.
disqualification from any public office, shall be
imposed upon any public officer or employee who
i. AGGRAVATING CIRCUMSTANCES (Sec.
misappropriates, misapplies or fails to account for
25)
confiscated, seized or surrendered dangerous drugs,
plant sources of dangerous drugs, controlled
Section 25. Qualifying Aggravating Circumstances in
precursors and essential chemicals,
the Commission of a Crime by an Offender Under the
instruments/paraphernalia and/or laboratory
Influence of Dangerous Drugs. – Notwithstanding the
equipment including the proceeds or properties
provisions of any law to the contrary, a positive
obtained from the unlawful acts as provided for in this
finding for the use of dangerous drugs shall be a
Act.
qualifying aggravating circumstance in the
commission of a crime by an offender, and the
Any elective local or national official found to have application of the penalty provided for in the Revised
benefited from the proceeds of the trafficking of Penal Code shall be applicable.
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive
positions in the government, its divisions,
j. EXCEPTION TO NECESSITY OF A from one object to another until something
SEARCH WARRANT incriminating at last emerges.”

People vs. Musa, G.R. No. 96177, Jan. 27, 1993 k. BUY-BUST OPERATION

The corroborative testimony of T/Sgt. Belarga People vs. Basilgo, G.R. No. 107327, Aug. 5, 1994
strengthens the direct evidence given by Sgt. Ani.
Additionally, the Court has ruled that the fact that the Clearly, there was no instigation here because
police officers who accompanied the poseur-buyer when the poseur-buyer Arriesgado offered to buy
were unable to see exactly what the appellant gave marijuana from the accused by handing over to him
the poseur-buyer because of their distance or position the buy-bust money and in exchange therefor, the
will not be fatal to the prosecution’s case provided latter readily gave him the packet containing P250.00
there exists other evidence, direct or circumstantial, worth of marijuana, the crime was already
e.g., the testimony of the poseur-buyer, which is consummated. All that the NARCOM agents had to
sufficient to prove the consummation of the sale of do was to apprehend the accused. This procedure,
the prohibited drug. commonly known as a “buy-bust operation,” is a form
There is no doubt that the warrantless search of entrapment employed by peace officers as an
incidental to a lawful arrest authorizes the arresting effective way of apprehending a criminal in the act of
officer to make a search upon the person of the the commission of the offense. Entrapment has
person arrested. As early as 1909, the Court has received judicial sanction as long as it is carried out
ruled that “[a]n officer making an arrest may take from with due regard to Constitutional and legal
the person arrested any money or property found safeguards.
upon his person which was used in the commission of
the crime or was the fruit of the crime or which might l. POSEUR-BUYER, GENERALLY NEED NOT
furnish the prisoner with the means of committing TESTIFY
violence or of escaping, or which may be used as
evidence in the trial of the cause . . .” Hence, in a People vs. Girang, G.R. No. 97949, Feb. 1, 1995
buy-bust operation conducted to entrap a drug-
pusher, the law enforcement agents may seize the The submission of proof that the sale of the illicit
marked money found on the person of the pusher drug took place between the poseur-buyer and the
immediately after the arrest even without arrest and seller thereof is indispensable in every prosecution for
search warrants. illegal sale of marijuana, coupled with the
The warrantless search and seizure, as an presentation of the corpus delicti as evidence. In the
incident to a suspect’s lawful arrest, may extend case at bench, the prosecution has proved With
beyond the person of the one arrested to include the certainty all the elements necessary for the offense of
premises or surrounding under his immediate control. illegal sale of marijuana which are: the identity of the
Objects in the “plain view” of an officer who has the buyer as well as the seller, the object and
right to be in the position to have that view are subject consideration of the sale, and the delivery of the thing
to seizure and may be presented as evidence. sold and the payment therefor.
The “plain view” doctrine may not, however, be The testimony of the poseur-buyer or of the
used to launch unbridled searches and indiscriminate confidential informant is no longer material
seizures nor to extend a general exploratory search considering that accused-appellant's drug pushing
made solely to find evidence of defendant’s guilt. The was positively attested to by de Jesus. Moreover,
“plain view” doctrine is usually applied where a police informants are generally not presented in court
officer is not searching for evidence against the because of the need to hide their identity and
accused, but nonetheless inadvertently comes across preserve their invaluable service to the police.
an incriminating object. Furthermore, the U.S. The marked bills were properly identified by de
Supreme Court stated the following limitations on the Jesus because he was the one who gave them to
application of the doctrine: “What the ‘plain view’ Sgt. Solis who placed a dot inside the number "O" on
cases have in common is that the police officer in the upper right hand corner of each bill and which he
each of them had a prior justification for an intrusion later recovered from appellant. Even assuming that
in the course of which he came inadvertently across a the bills were not properly identified, this Court has
piece of evidence incriminating the accused. The already ruled that the absence of the marked money
doctrine serves to supplement the prior justification— does not create a hiatus in the evidence for the
whether it be a warrant for another object, hot pursuit, prosecution provided that the sale is adequately
search incident to lawful arrest, or some other proved by the prosecution.
legitimate reason for being present unconnected with We concede to the argument of appellant that
a search directed against the accused—and permits the "pagpapatunay" is inadmissible in evidence
the warrant-less seizure. Of course, the extension of against him for having been obtained in violation of
the original justification is legitimate only where it is his rights as a person under custodial investigation for
immediately apparent to the police that they have the commission of an offense. The records show that
evidence before them; the ‘plain view’ doctrine may he was not informed of his right not to be compelled
not be used to extend a general exploratory search to sign the document; neither was he informed of his
right to counsel and the fact that the document may
be used as evidence against him. Nevertheless, his
exoneration will not follow as a causatumsince the
other evidence on record is more than adequate to
warrant his conviction.
As regards the last argument of accused-
appellant, we are in conformity with the observation of
the Office of the Solicitor General that—The
laboratory examination result of the confiscated items
is not an indispensable requirement before filing an
information for the violation of the provisions of RA
6425, as amended x x x x To require the Narcom
agents (to) await the result of the laboratory
examination, which usually takes weeks or months,
before haling the suspects to court would make said
agents liable under Art. 125 of the Revised Penal
Code.

In People v. Ale, this Court recognized that by


the very nature of anti-narcotics operations, the need
for entrapment procedures, the use of shady
characters as informants, the ease with which sticks
of marijuana or grams of heroin can be planted in
pockets or hands of unsuspecting provincial hicks,
and the secrecy that inevitably shrouds all drug deals,
the possibility of abuse is great. However,
accusedappellant in this case has failed to convince
us that de Jesus and Sgt. Solis are unscrupulous
policemen engaged in mulcting activities who, either
motivated by the desire to extort money or exact
personal vengeance, nabbed him in lieu of a certain
"Larry." If he were really innocent, as he professes,
he should have substantiated his defense by the
testimony of his mother who was allegedly with him
during his arrest or by other weighty evidence.
Frame-up, like alibi, is a defense that has been
invariably viewed by courts with disfavor for it can just
as easily be concocted and is a common and
standard line of defense in most prosecutions arising
from violations of The Dangerous Drugs Act.
Republic Act No. 6770 November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND


STRUCTURAL ORGANIZATION OF THE OFFICE
OF THE OMBUDSMAN, AND FOR OTHER
PURPOSES

Section 17. Immunities. — In all hearings, inquiries,


and proceedings of the Ombudsman, including
preliminary investigations of offenses, nor person
subpoenaed to testify as a witness shall be excused
from attending and testifying or from producing
books, papers, correspondence, memoranda and/or
other records on the ground that the testimony or
evidence, documentary or otherwise, required of him,
may tend to incriminate him or subject him to
prosecution: provided, that no person shall be
prosecuted criminally for or on account of any matter
concerning which he is compelled, after having
claimed the privilege against self-incrimination, to
testify and produce evidence, documentary or
otherwise.

Under such terms and conditions as it may


determine, taking into account the pertinent
provisions of the Rules of Court, the Ombudsman
may grant immunity from criminal prosecution to
any person whose testimony or whose
possession and production of documents or
other evidence may be necessary to determine
the truth in any hearing, inquiry or proceeding
being conducted by the Ombudsman or under its
authority, in the performance or in the furtherance
of its constitutional functions and statutory
objectives. The immunity granted under this and the
immediately preceding paragraph shall not exempt
the witness from criminal prosecution for perjury or
false testimony nor shall he be exempt from demotion
or removal from office.

Any refusal to appear or testify pursuant to the


foregoing provisions shall be subject to punishment
for contempt and removal of the immunity from
criminal prosecution.