Professional Documents
Culture Documents
Title 5 Reviewer
Title 5 Reviewer
Retailer
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any
person whose physical/physiological condition does not require the use of thereof.
using opium or any other prohibited drug, shall be prima facie evidence that the
prohibited drug.
a If the violation of the Act is committed by a partnership, corporation, association or any
judicial person, the partner, president, director, or manager who consents to or knowingly
tolerates such violation shall be held criminally liable as co-principal.
b Partner, president, director, manager, officer or stockholder, who knowingly authorizes,
tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the
importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of
their equipment, machines or other instruments in the manufacture of any dangerous drugs, if
such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and
supervision of the partnership, corporation, association or judicial entity to which they are
affiliated.
c Government official, employee or officer who is found guilty of “planting” any dangerous
drugs in the person or in the immediate vicinity of another as evidence to implicate the latter.
II. For the purpose of enforcing the provisions of this Act, all school heads, supervisors
and teachers shall be deemed to be persons in authority and, as such, are vested with the
power to apprehend, arrest, or cause the apprehension or arrest of any person who shall
violate any of the said provision.
1. NOTE: They shall be considered as persons in authority id they are in the school or within its
immediate vicinity, or beyond such immediate vicinity of they are in attendance in any school or
class function in their official capacity as school heads, supervisors or teachers.
2. Any teacher or school employee who discovers or finds that any person in the school or within
its immediate vicinity is violating this Act shall have the duty to report the violation to the
school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure
to report in either case shall, after hearing, constitute sufficient cause for disciplinary action.
(Sec. 28)
1. III. Rules:
1. Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the
drug dependent himself or through his parent, guardian or relative within the 4 th civil degree of
consanguinity or affinity, in a center and compliance with such conditions therefor as the
Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of
the prohibited/regulated drug.
2. Should the drug dependent escape from the center, he may submit himself for confinement
within 1 week from the date of his escape, of his parent guardian or relative may, within the
same period surrender him for confinement.
3. Upon application of the Board, the Court shall issue an order for recommitment if the drug
dependent does not resubmit himself for confinement or if he is not surrendered for
recommitment.
4. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt
from criminal liability for the use or possession of any dangerous drug.
5. If a person charged with an offense is found by the fiscal or by the Court at any stage of the
proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all
further proceedings and transmit records of the case to the Board.
6. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the
judgement shall, if the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he shall be given full credit for the period he was
confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the center upon his release
therefrom.
7. The period of prescription of the offense charged shall not run during the time that the
respondent/accused is under detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of the offense but
not more than 21 years of age when the judgement should have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or of the RPC or
placed on probation.
Sentence shall be deferred and the accused shall be placed on probation under the supervision
of the Board.
In case of violation of conditions of pardon, court shall pronounce judgement of conviction and
he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed upon expiration of
the designated period.
Notes:
a Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of the plants is
cultivated – confiscated and escheated to the State. UNLESS: owner can prove that he had no
knowledge of the cultivation despite due diligence
c Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor
has smoked, consumed, administered himself, used prohibited drugs
d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:
Opium 40 grams up
Morphine 40 grams up
Heroin 40 grams up
MJ resin 50 grams up
Cocaine 40 grams up
(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)
k Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior police
surveillance (P v. Carlos Franca)
l Possession – constructive or actual – not necessary to adduce the marked money as evidence
(P v. Romeo Macara)
m Separate crimes – sale/possession of MT found in his possession after he was frisked but he
can’t be convicted for possession of MJ that he sold
n If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4, 5,
15, 15-a