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COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165) dive or resort Fine: 500K – 10M

b) Any person/group of persons who shall maintain a 12 years 1 day to 20 years


1. What are the acts punishable under this statute? den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form Fine: 100K-500K
Unlawful Acts (Sec.4 – Sec.19)
c) Any dangerous drug is administered, delivered or sold
Maximum penalty in every
to a minor who is allowed to use the same in such a
Sec. 4 Importation of dangerous drugs and/or controlled precursors and essential case
place
chemicals d) Dangerous drug as proximate cause of death using the Death
a) Import or bring into the Philippines any dangerous same in such den, dive or resort Fine: 1-15 to owner,
drug, regardless of quantity and purity, also all opium Life Imprisonment to death maintainer and/or operator
poppy or part thereof derived from floral, decorative or Fine: 500K – 10M e) If den, dive or resort is owned by 3rd person
culinary purposes. PROVIDED: that criminal complaint alleged that such
b) Import any controlled precursor and essential 12 years 1 day to 20 years place was intentionally used in furtherance of crime Confiscation and
chemical Fine: 100K-500K PROVIDED FURTHER: prosecution shall prove intent escheated in favor of the
c) Import or bring into the Phils. any dangerous drug Maximum penalty provided on part of owner to use for such purpose government
and/or controlled precursor and essential chemical in Sec 4 PROVIDED FINALLY: owner included as accused in
through the use of a diplomatic passport, facility or *confiscation of diplomatic criminal complaint
official status to facilitate unlawful entry. passport f) Manages, organizes or acts a “financier” for any of the
Maximum Penalty
d) Organizes, manages or acts as a “FINANCIER” of any Maximum penalty provided illegal activities prescribed in this section
of its illegal activities prescribed in Sec 4. g) Who acts a “protector/coddler” of any violator of this 12 years 1 day to 20 years
e) Who acts as a “protector/coddler” of any violator of 12 years 1 day to 20 yrs. section Fine: 100K-500K
the provisions under this section Fine: 100-500K

Sec 7. Employees and visitors of a den, dive or resort


Sec 5. Sale, trading, administration, dispensation, delivery, distribution and transportation a) Any employees of a den, dive or resort, who is aware of
of dangerous drugs and/or controlled precursors and essential chemicals the nature of the place as such 12 years 1 day to 20 years
a) Sell, trade, administer, dispense, deliver, give away to b) Any person who, not being in A, is aware of the nature Fine: 100K-500K
another, distribute, dispatch in transit or transport any Life Imprisonment to death of the place as such and shall knowingly visit the same
dangerous drug (including all species of opium poppy
regardless of the quantity & purity) OR shall act as a Fine: 500K – 10M
broker in any of such transactions
b) Sell, trade, administer, dispense, deliver, give away to Sec 8. Manufacture of dangerous drugs and/or controlled precursors and essential
another, distribute, dispatch in transit or transport any 12 years 1 day to 20 years chemicals
controlled precursor and essential chemical OR act as Fine: 100K-500K a) Engage in the manufacture of ANY dangerous drug Life Imprisonment to death
a broker in such transactions Fine: 500K – 10M
c) When (a &b) is made within 100 meters from the Maximum penalty of in b) Manufacture any controlled precursor and essential 12 years 1 day to 20 years
school every case chemical
d) Drug pushers using minors or mentally incapacitated Fine: 100K-500K
individuals as runners, couriers, messengers Maximum penalty in every c) Presence of any controlled precursor and essential PRIMA FACIE proof of
connected to dangerous drugs and/or controlled case chemical or lab equipment in clandestine laboratory manufacture of any
precursors & essential chemicals trade dangerous drug
e) Victim of the offense is a minor OR that offense herein d) Aggravating in the following circumstance
Maximum Penalty
be the proximate cause of death of a victim a. Any phase or manufacturing process done in
f) Organizes, manages or acts as a “financier” of any presence or help of minors
Maximum Penalty
illegal activities b. Any phase or manufacturing was established
g) Acts as a “protector/coddler” of any violator of the 12 years 1 day to 20 years within 100 meters of a residential, business, Aggravating: MAXIMUM
provisions under this section Fine: 100K-500K church or school premises penalty
c. Any clandestine lab protected with booby
traps
Sec 6. Maintenance of a den, dive or resort d. Any clandestine lab concealed with
a) Person/Group of persons who shall maintain a den, Life Imprisonment to death legitimate business operations
e. Any employment of a practitioner, chemical way prejudicing the persons against whom such information or testimony is
engineer, public official or foreigner directed against.
e) Organizes, manages or acts as financier Maximum b. In case the informant or witness fails or refuses to testify without just
f) Person who acts as a coddler/protector of any 12 years 1 day to 20 years cause, and when lawfully obliged to do so, or should he/she violate any
violators of this section. Fine: 100K-500K condition accompanying such immunity
5. What are the accessory penalties on persons who violated this Act?
Illegal chemical diversion of controlled precursors and essential chemicals Sec.35 Accessory Penalties
a. Disqualified to exercise his/her civil rights (i.e. right of parental authority or
Manufacture or delivery of equipment, instrument, apparatus and other guardianship)
paraphernalia for dangerous drugs and/or controlled precursors and b. Disqualified to exercise political rights (i.e. right to vote and be voted for)
essential chemicals 6. What is the effect of attempt or conspiracy on the liability of the offender?
Sec.26 “any attempt or conspiracy to commit the following unlawful acts
Possession of dangerous drugs shall be penalized by the same penalty prescribed for the commission of
the same as provided under this Act:
Possession of equipment, instrument, apparatus and other paraphernalia a. Importation of any dangerous drugs and/or controlled precursor and
for dangerous drugs essential chemical (Sec.4)
b. Sale, trading, administration, dispensation, delivery, distribution and
Possession of dangerous drugs during parties, social gatherings or transportation of any dangerous drug and/or controlled precursor and
meetings essential chemical. (Sec.5)
c. Maintenance of a den, dive or resort where any dangerous drug is used in
Possession of equipment, instrument, apparatus and other paraphernalia any form. (Sec.6)
for dangerous drugs during parties, social gatherings or meetings d. Manufacture of any dangerous drug and/or controlled precursor and
essential chemicals. (Sec.8)
Use of dangerous drugs
e. Cultivation or culture of plants which are sources of dangerous drugs
Cultivation or culture of plants classified as dangerous drugs or are sources (Sec.16)
thereof 7. May an offender be exempted from criminal liability?
- YES. Under Sec.55, a drug dependent under the voluntary submission
Maintenance and keeping of original records of transactions on dangerous program, who is finally discharged from confinement, shall be exempt from
drugs and/or controlled precursors and essential chemicals the criminal liability under Sec.15 of this Act subject to following conditions.
8. What are the two drug testing methods employed?
Unnecessary prescription of dangerous drugs Sec.38 Authorized Drug Testing
a. Screening test - determine the positive result as well as the type of the
Unlawful prescription of dangerous drugs drug used
b. Confirmatory test – confirms a positive screening test.
2. Under what circumstances are the provisions of this statute considered a 9. How are the MINOR offenders dealt with under this statute?
qualifying/aggravating circumstance? Sec.66 Suspension of Sentence of a First-time Minor Offender
Sec.25 “… a positive finding of the use of dangerous drugs shall be a o Accused is over 15 years of age but not more than 18 years old
qualifying aggravating circumstance in the commission of a crime by an o May be given the benefits of a suspended sentence subject to the
offender and the application of the penalty provided for in the RPC shall be following conditions (refer to Sec.66)
applicable.” Sec.68. Privilege of Suspended sentence to be Availed of Only Once by
3. Who are those covered by immunity from prosecution and punishment? First-time Minor Offender
Sec.33 (Informants and witnesses) Sec. 69 Promulgation of sentence for First-time Minor Offender
4. When is the grant of immunity to informants and witnesses terminated? o If accused first-time minor offender violates any of the conditions
Sec.34 of his/her suspended sentence… the court shall pronounce
a. It turned out subsequently that the information and/or testimony is false, judgment of conviction and he/she shall serve sentence as any
malicious or made only for the purpose of harassing, molesting or in any other convicted person.
Sec.70 Probation or Community Service for a First-time Minor Offender in
lieu of Imprisonment
o Upon promulgation of the sentence, the court may, in its 1. Sec. 27 Criminal liability of a public officer or Penalty: life imprisonment to
discretion, placed the accused under probation… or impose employee for misappropriation, misapplication or death
community service in lieu of imprisonment failure to account for the confiscated, seized Fine: P500K – 10M and
10. What court has the jurisdiction over dangerous drugs cases? and/or surrendered dangerous drugs, plant absolute perpetual
- Sec.90 sources of dangerous drugs, controlled disqualification from any public
o “The Supreme Court shall designate special courts from among precursors and essential chemicals, office
the existing Regional Trial Courts..” instruments/paraphernalia and/or laboratory
11. What is the application/non-application of RPC provision (sec.98, RA.9165) cf. Art.10 equipment including the proceeds or properties
RPC? obtained from the unlawful act committed
Sec.98 Limited Applicability of the Revised Penal Code 2. Sec.28 Criminal liability of Government Officials Maximum penalties and
o “…provisions of the RPC, as amended, shall not apply to the and Employees absolute perpetual
provisions of this Act, except in the case of minor offenders” disqualification
o “Where the offender is a minor, the penalty for acts punishable by 3. Sec.29 Criminal liability of planting evidence Penalty of death
life imprisonment to death herein shall be reclusion perpetua to 4. Sec.30 Criminal liability of officers of partnership, Criminally liable as a co-principal
death.” corporations, associations or other judicial
entities

12. Who are other offenders that incur criminal liability?

5 Sale, - Sale, trade, - Sale, trade, - Within 100


trading, administer, administer, dispense, meters from
administrati dispense, deliver, give away to school
on, deliver, give another, distribute, - Drug pusher
Table 1. UNLAWFUL ACTS AND PENALTIES dispensatio away to dispatch in transit or who use
n, delivery, another, transport any minors or
Unlawful Offenders and corresponding penalties
distribution distribute, controlled precursor mentally
acts Life Imprisonment: 12 years & Maximum penalty
and dispatch in and essential incapacitated
imprisonment to 1 day – 20 years
transportati transit or chemicals individuals
death Fine: ranging from 100K –
on of transport - Act as Broker - If the victim of
Fine: ranging 500K
Section

dangerous any - Protector/coddler the offense is


from 500K –
drugs dangerous a minor or
10M
and/or drugs mentally
4 Importation - Import or - Import any controlled - Use of controlled incapacitated
of bring precursors and diplomatic precursors individuals
dangerous dangerous essential chemicals passport and - Proximate
drugs drugs - Protector/coddler - Financier essential death of a
and/or chemicals victim
controlled
- Financier
precursors
6 Maintenanc - Maintain a - Maintain a den, dive - Proximate
and
e of a den, den, dive or or resort where any cause of death
essential
chemicals
dive or resort controlled precursor of a person drugs
resort1 where any and essential using the and/or
dangerous chemical is sold in same in den, controlled
drug is sold any form dive or resort precursors
in any form - Protector/coddler - Financier and
7 Employees - Who is aware of essential
and visitors the nature of the chemicals2
of a den, place as such 1 Possession - Possess -
dive or - Who is aware of 1 of any
resort the nature of the dangerous dangerous
place as such drugs drugs in
and shall the
knowingly visit following
the same quantities
8 Manufactur - Engage in - Manufacture any - Financier regardless
e of the controlled precursor of the
dangerous manufactur and essential degree of
drugs e of any chemical purity (refer
and/or dangerous - Protector/coddler to Sec.11
controlled drugs of RA9165
precursors for
and complete
essential list)
chemicals 1 Possession Penalty: 6 months and 1 day to 4 years and fine ranging from 10K to
9 Illegal - Illegally divert any 2 of 50K
chemical controlled precursor equipment,
diversion of and essential instrument,
controlled chemical apparatus
precursors and other
and paraphernal
essential ia for
chemicals dangerous
1 Manufactur - Deliver, posses - Uses minor or drugs
0 e or delivery with intent to mentally 1 Possession Suffer the maximum penalties provided in Section 11 of this Act
of deliver or incapacitated 3 of
equipment, manufacture individual dangerous
instrument, with intent to drugs during
apparatus deliver parties,
and other equipment social
paraphernal gatherings
ia for or meetings
dangerous 1 Possession Maximum penalty provided for in Section 12 of this Act

1 2
Penalty: death and fine ranging from 1M to 15M shall be imposed on the Penalty: 6 months and 1 day to 4 years and fine ranging from 10K to 50K if it will
maintainer, owner and/or operator be used to inject, ingest, inhale or otherwise introduce into the human body
4 of chemicals
equipment, 1 Unnecessar - Practitioner who
instrument, 8 y shall prescribe
apparatus prescription any dangerous
and other of drugs to any
paraphernal dangerous person
ia for drugs - Additional
dangerous penalty:
drugs during revocation of
parties, license
social 1 Unlawful - Shall
gatherings 9 prescription make
or meetings of or
1 Use of Penalty: 6 months rehabilitation dangerous issue a
5 dangerous If apprehended for the 2nd time: imprisonment of 6 years and 1 day - drugs prescri
drugs 12 years and fine of 50K – 200K ption
1 Cultivation - Plant, - Protector/coddle - Financier or any
6 or culture of cultivat r other
plants e or writing
classified as culture purpor
dangerous mariju ting to
drugs or are ana, be
sources opium prescri
thereof poppy ption
or any for any
other danger
plant ous
regardl drugs.
ess of
quantit
y
1 Maintenanc - Penalty: imprisonment of 1 year and 1 day – 6 years and
7 e and fine ranging from 10K – 50K
keeping of - Additional penalty shall be imposed through the revocation
original of the license to practice his/her profession
records of
transactions
on
dangerous
drugs
and/or
controlled
precursors
and
essential