FRANCISE MAE M.

MORDENO LLB-1 LEGAL WRITING AND July 8, 2017

SUMMARY OF THE PROVISIONS ON THE PROHIBITED ACTS UNDER RA 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

PENALTY
PROVISION PUNISHABLE ACTS
IMPRISONMENT FINE (₽) OTHERS
Section 4 Importing or bringing into the Philippines of any dangerous drug (including any and all species of opium Life imprisonment – Death; 500,000-
Importation of Dangerous  poppy or any part thereof or substa nces derived therefrom even for floral, de corative and culinary purposes), 10,000,000
Drugs and/or Controlled regardless of the quantity and purity involved,
Precursors and Essential
Importing any controlled precursor and essential chemical. 12 yrs and 1 day- 20 yrs 100,000.00 -
Chemicals
500,000.00
Importing or bringing into the Philippines any dangerous drug and/or controlled precursor and essential  maximum penalty
chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving provided for under
his/her official status intended to facilitate the unlawful entry of the same this Sec
 Diplomatic passport
shall be confiscated
and canceled
Organizing, managing or acting as a "financier" of any of the illegal activities prescribed in this Sec maximum penalty
provided for under this
Sec
Acting as a "protector/coddler" of any violator of the provisions under this Section 12 yrs and 1 day- 20 yrs 100,000.00 -
500,000.00
Section 5 Selling, trading, administering, dispensing, delivering, giving away to another, distribute dispatch in Life imprisonment – Death 500,000.00-
Sale, Trading, transit or transporting any dangerous drug, including any and all species of opium poppy regardless of 10,000,000.00
 Administration, the quantity and purity involved, or shall act as a broker in any of such transactions.
Dispensation, Delivery,
Distribution and Selling, trading, administering, dispensing, delivering, giving away to another, distribute dispatch in 12 yrs and 1 day- 20 yrs 100,000.00 -
Transportation of transit or transport any controlled precursor and essential chemical, or shall act as a broker in such P500,000.00
Dangerous Drugs and/or transactions.
Controlled Precursors and  sale, trading, administration, dispensation, delivery, distribution or transportation of any maximum penalty shall
Essential Chemicals. dangerous drug and/or controlled precursor and essential chemical transpires within one be imposed in every
hundred (100) meters from the school case
 drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade

 the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous maximum penalty
drug and/or a controlled precursor and essential chemical involved in any offense herein provided for under this
provided be the proximate cause of death of a victim thereof Sec.
 organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Sec
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 Acting as a "protector/coddler" of any violator of the provisions under this Section 12 yrs and 1 day- 20 yrs 100,000- 500,000

Section 6 Maintenance a den, dive or resort where any dangerous drug is used or sold in any form. Life imprisonment – Death 500,000-
Maintenance of a Den, Dive 10,000,000
or Resort .
Maintenance a den, dive or resort where any controlled precursor and essential chemical is being sold. 12 yrs and 1 day- 20 yrs 100,000- 500,000

any dangerous drug is administer ed, delivered or sold to a min or who is allowed to use the same in such a maximum penalty
place. provided for under this
Sec
any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or Death 1,000,000-500,000
resort the penalty shall be imposed on the maintainer, owner and/or operator

If such den, dive or resort is owned by a third person, Provided, That the criminal complaint shall den, dive or resort is
specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, owned by a third
That the prosecution shall prove such intent on the part of the owner to use the property for such person, the same shall
purpose: Provided, finally, That the owner shall be included as an accused in the criminal complaint. be confiscated and
escheated in favor of the
organizes, manages or acts as a "financier" of any of the illegal maximum penalty provided for under this government
Sec activities prescribed in this Sec
Acting as a "protector/coddler" of any violator of the provisions under this Section 12 yrs and 1 day- 20 yrs 100,000- 500,000

Section 7 Employees and (a) Any employee of a den, di ve or resort, who is aware of the nature of the place as such; and 12 yrs and 1 day- 20 yrs 100,000- 500,000
Visitors of a Den, Dive or
Resort. (b) Any person who, not bei ng included in the provisions of th e next preceding, paragraph, is aware of t he
nature of the place as such and shall knowingly visit the same

Section 8 Manufacture of Engaging in the manufacture of any dangerous drug. Life imprisonment – Death 500,000-
Dangerous Drugs and/or 10,000,000
Controlled Precursors and
Essential Chemicals. Engaging in the manufacture of any controlled precursor and essential chemical. 12 yrs and 1 day- 20 yrs 100,000- 500,000

Acting as a "protector/coddler" of any violator of the provisions under this Section 12 yrs and 1 day- 20 yrs 100,000- 500,000

The presence of any controlled precursor and essential chemical or laboratory equipment in the It shall be considered an
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered aggravating
an aggravating circumstance if the clandestine laboratory is undertaken or established under the circumstance
following circumstances:
a. Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s:
b. Any phase or manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises
c. Any clandestine laboratory was secured or protected with booby traps
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Section 9. Illegal Chemical
Diversion of Controlled
Precursors and Essential
Chemicals.
Section 10. Manufacture or
Delivery of Equipment,
Instrument, Apparatus, and
Other Paraphernalia for
Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals.
d. Any clandestine laboratory was concealed with legitimate business operations; or
e. (e) Any employment of a practitioner, chemical engineer, public official or foreigner.
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Sec maximum penalty
provided for under this
Sec
acts as a "protector/coddler" of any violator of the provisions under this Sec. 12 yrs and 1 day – 20 yrs 100,000-500,000
illegally divert any controlled precursor and essential chemical 12 yrs and 1 day- 20 yrs 100,000- 500,000
deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, 12 and 1 day- 20 yrs 100,000- 500,000
apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical in violation of this Act.
If the above stated dangerous drug and/or controlled precursor and essential chemical be used to inject, 6 months and 1 day to 4 yrs 10,000 - 50,000
ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
Use of a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus maximum penalty
and other paraphernalia for dangerous drugs. provided for under this
Sec
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  If the land
involved is part of
the public domain
=maximum
penalty provided
for under this Sec .
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Sec. Maximum penalty
provided in this Sec.
Acting as a "protector/coddler" of any violator of the provisions under this Section 12 and 1 day- 20 yrs 100,000 - 500,000
Section 17. Maintenance any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails 1 year and 1 day to 6 yrs 10,000 - 50,000  In case of
and Keeping of Original to comply with the maintenance and keeping of the original records of transactions on any dangerous practitioner=
Records of Transactions on drug and/or controlled precursor and essential chemical in accordance with Sec. 40 of this Act. revocation of the
Dangerous Drugs and/or license to practice
Controlled Precursors and his/her profession,
Essential Chemicals.  in case of a
manufacturer,
seller, importer,
distributor, dealer
or retailer=
revocation of
business license
Section 18. Unnecessary practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological 12 yrs and 1 day to 20 yrs 100,000- 500,000 Revocation of his/her
Prescription of Dangerous condition does not require the use or in the dosage prescribed therein, as determined by the Board in license to practice
Drugs consultation with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe pain
Section 19. Unlawful Make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. life imprisonment to death 500,000-
Prescription of Dangerous and 10,000,000
Drugs.

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