ii.
Using minors or
I. COMPREHENSIVE
DANGEROUS DRUGS ACT
OF 2002 (RA 9165)
NOTE: The Dangerous Drugs Act of 2002
repealed the articles under Title Five of
the RPC. Crimes relative to prohibited
drugs are now covered by this Act. The
RPC is not applicable to crimes under
CDDA of 2002, except when it involves
minor offenders. Where the offender is a
minor, the penalty for acts punishable by
life imprisonment to death provided herein
shall be reclusion perpetua to death. Due,
however, to the suspension of the death
penalty by RA 9346, the applicable
penalty would now be reclusion perpetua.
A. Punishable Acts
a. Importation of dangerous
drugs or controlled precursors
and essential chemicals.
a. Regardless of
quantity or purity involved.
b. Circumstances
which warrant maximum
penalty:
i. Importing such
items through the use
of a diplomatic
passport, diplomatic
facilities, or any other
means involving an
offenders' official status
intended to facilitate
unlawful entry; and
ii. Organizer,
manager, or financier.
b. Sale, trading,
administration, dispensation,
delivery, distribution and
transportation of dangerous
drugs or controlled precursors.
a. Circumstances
which warrant maximum
penalty:
i. Offense transpiring
within 100 meters from
school;
mentally incapacitated
persons as runners,
couriers, and
messengers;
iii. Victim of the offense
is a minor or mentally
incapacitated person;
iv. Dangerous drug or
controlled precursor or
essential chemical be
the proximate cause of
the death of a victim;
and
v. Organizer,
manager, financier.
c. Maintenance of a den, dive,
or resort where any dangerous
drug or controlled precursor
and essential chemical are
used or sold.
a. OPIUM DIVE OR
RESORT: place where
dangerous drug and/or
controlled precursor and
essential chemical is
administered, delivered,
stored for illegal purposes,
distributed, sold or used in
any form.
b. Circumstances
which warrant maximum
penalty:
i. Drug is
administered, delivered,
or sold to a minor who
is allowed to use the
same; and
ii. Organizer,
manager, or financier.
c. Circumstances
raising penalty to death and
fine of P1 - 15 million:
i. When dangerous
drug is proximate cause
of death of a person
using the same in such
den, dive, or resort; and
ii. Imposed on the
maintainer/owner or
operator of such place.
 d. If den, dive, or a. Presence of any
resort is owned by a 3rd controlled
person, the same shall be precursor/essential
confiscated in favor of the chemical or laboratory
government. equipment in a clandestine
i. Must allege that laboratory is prima facie
place was intentionally proof of manufacture of any
used in the furtherance dangerous drug.
of the crime; b. Aggravating
ii. Prosecution must circumstance: if
prove such intent; and clandestine laboratory
iii. Owner must be i. Involved
included as an accused participation or
in the criminal presence of minors;
complaint. ii. Was located within
100 meters of
e. Other persons liable residential, business,
in relation to dens, dives, or church, or school
resorts: premises;
i. Any employee who iii. Was secured with
is aware of the nature booby traps;
of such place; and iv. Was concealed with
ii. Any person who is legitimate business
aware of the nature of operations; and
the place and shall v. Employed
knowingly visit the practitioner, chemical
same. engineer, public official,
or foreigner.
d. Being employees or visitors
of drug den. c. Qualifying
circumstance: Organizers,
a. Persons liable: managers or persons who
i. Any employee of a act as financiers.
den, dive or resort who d. The protector or
is aware of the nature coddler is also liable.
of the place as such;
and f. Illegal chemical diversion of
ii. Any person not controlled precursors and
being included in #1, essential chemicals.
who is aware of the
nature of the place as a. Diverting controlled
such and shall precursors and essential
knowingly visit the chemicals designated for a
same. legal purpose towards the
manufacture of illegal
b. A person who drugs.
visited another who was g. Manufacture or delivery of
smoking opium shall not be equipment, instrument,
liable if the place is not an apparatus, or other
opium dive or resort. paraphernalia for dangerous
e. Manufacture of dangerous drugs and/or controlled
drugs, and/or controlled precursors and essential
precursors and essential chemicals.
chemicals.
 a. Punishable Acts: Teofilo Honrado and Romulo Honrado,
i. Delivery; G.R. No. 182197, 2012)
ii. Possession with
intent to deliver; or The successful prosecution of illegal sale
iii. Manufacture with of dangerous drugs requires:
intent to deliver. (a) proof that the transaction or sale took
b. Knowing, or under place, and
circumstances where one (b) the presentation in court as evidence
reasonably should know of the corpus delicti, or the dangerous
that it will be used relative drugs themselves (Rogelio S. Reyes v.
to dangerous drugs or The Hon. Court of Appeals, G.R. No.
controlled 180177, 2012)
precursor/essential
chemicals. ELEMENTS OF ILLEGAL POSSESSION
c. Maximum penalty if OF PROHIBITED OR REGULAR DRUGS
minor or mentally Illegal possession of prohibited or
incapacitated person was regulated drugs is committed when the
used to deliver such following elements concur:
equipment. (1) the accused is in possession of
h. Possession of Dangerous an item or object which is identified
Drugs. to be a prohibited drug;
(2) such possession is not
a. Possession in the authorized by law; and
following quantities, (3) the accused freely and
regardless of purity: consciously possessed the said
i. 10 grams or more: drug (People v. Velazquez, G.R.
opium, morphine, No. 177244, 2012).
heroin, cocaine or
cocaine hydrochloride, NOTES:
marijuana resin or  What is punished is present
marijuana resin oil, or possession, not past possession.
other dangerous drugs;  It is not necessary to allege in
ii. 50 grams or more of information that accused is not
shabu: and authorized to possess opium.
iii. 500 grams or more
of marijuana. i. Possession of equipment,
instrument, apparatus, and
b. If possession is less other paraphernalia for
than the quantities above, dangerous drugs.
penalty is lowered.
ELEMENTS OF POSSESSION OF a. In case of medical
OPIUM practitioners or other
 Occupancy or taking; and professionals, he/she must
 Intent to possess. be following the
implementing guidelines
ELEMENTS OF SALE OF ILLEGAL issued by the Dangerous
DRUGS Drugs Board.
The essential elements to be established b. Possession is prima
in the prosecution of illegal sale of facie evidence that the
marijuana are as follows: (1) the identity of possessor has smoked,
the buyer and the seller, the object of the consumed, administered to
sale and the consideration; and (2) the himself/herself, injected,
delivery of the thing sold and the payment ingested, or used a
therefor (People of the Philippines v. dangerous drug.
 c. Qualifying l. Cultivation or Culture of
circumstance: Party, social plants classified as dangerous
gathering, or in the drugs or are sources thereof.
proximate company of at
least 2 persons. a. In case of medical
j. Possession of Dangerous laboratories, maintainers
Drugs During Parties, Social and other professionals
Gatherings or Meetings. must strictly follow the
a. Any person found guidelines for the proper
possessing any dangerous cultivation, culture,
drug during a party, or at a handling, experimentation,
social gathering or meeting, and disposal of such plants.
or in the proximate b. Land or
company of at least two (2) greenhouses used shall be
persons, shall suffer the confiscated in favor of the
maximum penalties State, unless the owner
provided for in Sec. 11 of proves lack of knowledge of
this Act, regardless of the such cultivation or culture
quantity and purity of such despite the exercise of due
dangerous drugs.1 diligence.
k. Use of Dangerous Drugs. c. Maximum penalty is
applied if land used was of
a. If person who has the public domain, or if one
tested positive is also found acted as an organizer,
in possession of dangerous manager, or financier.
drugs, he should be m. Failure to maintain or keep
prosecuted under original records of transactions
possession. on Dangerous Drugs and/or
1st conviction - minimum of controlled precursors and
6 mos. of rehabilitation; and essential chemicals.
2nd conviction -
imprisonment and fine. a. An additional
penalty shall be imposed
b. Where the accused through the revocation of
is also found to be in the license to practice
possession of dangerous his/her profession, in case
drugs, this Section shall not of a practitioner, or of the
apply. Sec. 11, possession business, in case of a
of dangerous drugs, shall manufacturer, seller,
apply. Hence, USE is importer, distributor, dealer,
subsumed by or retailer.2
POSSESSION. n. Unnecessary prescription
Ex. If the offender is caught of dangerous drugs.
with possession of
paraphernalia, possession a. Applicable to
of dangerous drugs and physicians or other medical
use of dangerous drugs, practitioners authorized to
the offense is prescribe medicine.
POSSESSION of b. Prescription is
dangerous drugs. unnecessary when physical
or physiological condition
does not require the
dosage prescribed.

1 2
Sec. 13 Sec. 17
 c. An additional any dangerous drug is used
penalty of the revocation in any form;
his/her license to practice d. Manufacture of any
shall be imposed upon the dangerous drug and/or
practitioner.3 controlled precursor and
o. Unlawful prescription of essential chemical; and
dangerous drugs. e. Cultivation or
culture of plants which are
sources of dangerous
UNNECESSARY PRESCRIPTION AND drugs.
UNLAWFUL PRESCRIPTION, C. Immunity from
DISTINGUISHED Prosecution and Punishment

UNNECESSARY UNLAWFUL a. Any person who has

PRESCRIPTION PRESCRIPTION violated Sections 7, 11, 12, 14,
Offender is aOffender is any 15, and 19, Article II of this Act,
practitioner; person; who voluntarily gives
Victim suffers from Victim may or may information about any violation
physical ornot suffer from any of Sections 4, 5, 6, 8, 10, 13,
psychological physical or and 16, Article II of this Act as
condition; and psychological well as any violation of the
condition; and offenses mentioned if
Offender authorized Offender not committed by a drug syndicate,
by law to prescribe authorized by law to or any information leading to
dangerous drug. prescribe the whereabouts, identities and
dangerous drug. arrest of all or any of the
members thereof; and who
B. Attempt or Conspiracy, willingly testifies against such
Effect on Liability persons as described above,
shall be exempted from
a. Any attempt or conspiracy prosecution or punishment for
to commit the following the offense with reference to
unlawful acts shall be which his/her information of
penalized by the same penalty testimony were given, and may
prescribed for the commission plead or prove the giving of
of the same as provided under such information and testimony
this Act: in bar of such prosecution:
Provided, That the following
a. Importation of any conditions concur:
dangerous drug and/or
controlled precursor and a. The information and
essential chemical; testimony are necessary for
b. Sale, trading, the conviction of the
administration, persons described above;
dispensation, delivery, b. Such information
distribution and and testimony are not yet in
transportation of any the possession of the State;
dangerous drug and/or c. Such information
controlled precursor and and testimony can be
essential chemical; corroborated on its material
c. Maintenance of a points;
den, dive or resort where d. The informant or
witness has not been
previously convicted of a
3
Sec. 18 crime involving moral
 turpitude, except when
there is no other direct
evidence available for the
State other than the
information and testimony
of said informant or
witness; and
e. The informant or
witness shall strictly and
faithfully comply without
delay, with any condition or
undertaking, reduced into
writing, lawfully imposed by
the State as further
consideration for the grant
of immunity from
prosecution and
punishment; and
f. Provided, further,
That this immunity may be
enjoyed by such informant
or witness who does not
appear to be most guilty for
the offense with reference
to which his/her information
or testimony were given:
Provided, finally, That there
is no direct evidence
available for the State
except for the information
and testimony of the said
informant or witness.4
D. Disqualification for
Probation
Any person convicted for drug
trafficking or pushing under this
Act, regardless of the penalty
imposed by the Court, cannot avail
of the privilege granted by the
Probation Law or Presidential
Decree No. 968, as amended.5
E. Prescription
The period of prescription for the
offense charged against a drug
dependent under the compulsory
submission program shall not run
during the time that the drug
dependent is under confinement in
a Center or otherwise under the
4
Sec. 33
5 6
Sec. 24
treatment and rehabilitation
program approved by the Board.
F. Remedy of Plea
Bargaining Not Available
Any person charged under any
provision of this Act regardless of
the imposable penalty shall not be
allowed to avail of the provision on
plea-bargaining.6
G. Conditions for Exemption
From Criminal Liability Under
the Voluntary Submission
Program
a. He has complied with the
rules and regulations of the
rehabilitation center, including
the rules of the after-care and
follow-up program;
b. He has never been charged
or convicted of any offense
punishable under the
Dangerous Drug Act, the RPC,
or other special penal laws;
c. He has no record of escape
from a center, or in the event of
an escape, he surrendered
himself/herself within a week;
and
d. He poses no serious
danger to himself/herself,
his/her family or the community
by his/her exemption from
criminal liability.
H. Other Persons Liable
a. Public officer or employee
who misappropriates,
misapplies or fails to account
for confiscated, seized, or
surrendered dangerous drugs,
plant sources of dangerous
drugs, controlled precursors
and essential chemicals,
instruments/paraphernalia
and/or laboratory equipment
including the proceeds or
properties obtained from the
unlawful acts.
Sec. 23
 b. Any elective local or
national official who have
benefited from the proceeds of
trafficking of dangerous drugs
or have received any
financial/material contributions
or donations from natural or
juridical persons guilty of drug
trafficking.
c. 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.
d. Any person who is found
guilty of "planting" any
dangerous drugs and/or
controlled precursor and
essential chemicals, regardless
of quantity or purity (penalty of
death).
e. Any person violating a
regulation issued by the
Dangerous Drugs Board.
f. Any person authorized to
conduct drug test who issues
false or fraudulent drug test
results knowingly, wilfully or
through gross negligence.
g. Any government officer
tasked with the prosecution of
drug-related cases under this
Act who delays or bungles the
prosecution.
NOTES:
 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 provisions.
 They shall be considered as persons
in authority if they are in the school or
within its immediate vicinity, or beyond
such immediate vicinity if they are in
attendance in any school or class
function in their official capacity as
school heads, supervisors or teachers.
 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 by the
school authorities.7
 A buy-bust operation is valid despite
the absence of a prior surveillance.
Prior surveillance is not required,
especially when the team is
accompanied to the scene by the
informant (People of the Philippines v.
Camilo D. Nicart and Manuel T.
Capanpan, G.R. No. 182059, 2012).
 When a crime is committed by an
offender who is under the influence of
dangerous drugs, such state shall be
considered as a qualifying aggravating
circumstance.8
 For 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
maximum penalty shall be imposed in
every case.9
 If the victim of the offense is a minor or
a mentally incapacitated individual, or
should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense
herein provided be the proximate
cause of death of a victim thereof, the
maximum penalty provided for under
this Section shall be imposed.10
 The provisions of the Revised Penal
Code (Act No. 3814), as amended,
shall not apply to the provisions of this
Act, except in the case of minor
offenders. Where the offender is a
minor, the penalty for acts punishable
by life imprisonment to death provided
7
Sec. 44
8
Sec. 25
9
Sec. 5
10
Id.
 herein shall be reclusion perpetua to No similar Prescription period
death.11 Due, however, to the provision. for the offense for
suspension of the death penalty by RA which the drug
9346, the applicable penalty would dependent is
now be reclusion perpetua. charged is
 In applying the penalties provided in suspended.
RA 9165, RA 9346 states that in lieu of
the death penalty, the following shall
be imposed: a) reclusion perpetua J. Chain of Custody Rule
when the law violated uses the
nomenclature of the penalties of the a. Definition of “Chain of
RPC; or otherwise, b) life Custody”
imprisonment.
The duly recorded authorized
I. Voluntary and movements and custody of
Compulsory Rehabilitation seized drugs or controlled
chemicals or plant sources of
VOLUNTARY COMPULSORY dangerous drugs or laboratory
REHABILITATION REHABILITATION equipment of each stage, from
the time of seizure/confiscation
Applied for by Petition by the to receipt in the forensic
offender or his Dangerous Drugs laboratory to safekeeping to
parents, spouse, Board or its agent presentation in court for
guardian or relative or prosecutor/court; destruction. Such record of
within the fourth movements and custody of
degree of seized item shall include the
consanguinity; identity and signature of the
person who held temporary
Application filed Petition filed in RTC custody of the seized item, the
with the Dangerous of city or province date and time when such
Drugs Board; where the offender transfer of custody were made
was found; in the course of safekeeping
and use in court as evidence,
Applies to 1) any Applies to 1) any and the final disposition.12
person determined person determined
and found to be and found to be b. Purpose: Statutory rules
dependent on dependent on on preserving the chain of
dangerous drugs or dangerous drugs custody of confiscated
2) any person who or2) a person prohibited drugs and related
violates Sec. 15 of charged with an items are designed to ensure
the CDDA; offense where the the integrity and reliability of
imposable penalty the evidence to be presented
is imprisonment of against the accused. Their
observance is the key to the
less than six (6)
successful prosecution of
years and one (1) illegal possession or illegal sale
day AND is found to of prohibited drugs (People v.
be a drug Relato, G.R. No. 173794,
dependent; 2012).
Exemption from criminal liability at the end
c. Summary of the Rule:
of the rehabilitation subject to certain
conditions and
12
Section 1(b) of Dangerous Drugs Board
11
Sec. 98 Regulation No. 1, Series of 2002.
  Initial custody by the PDEA
apprehending team with
inventory and photographs done
in the presence of the accused,
representatives of the DOJ,
media and elected public
official.
 Within 24 hours from seizure –
submit to the PDEA Forensic
laboratory for examination.
 Within 24 hours from
submission to lab test –
certification under oath of the
results from the PDEA lab. A
partial lab certification should be
issued within 24 hours if the
volume won’t allow immediate
certification, but it must be
completed within 48 hours total.
 Within 72 hours from filing of
criminal case – conduct an
ocular inspection.
 Within 24 hours from filing of
ocular – destroy the drugs
seized in the presence of the
same people from Step 1.
Sample in min. quantity shall be
retained. Those that belong to
lawful commerce shall be
donated or recycled.
 Sworn certification of
destruction shall be issued by
the Board and submitted to the
court with jurisdiction of the
case, along with the sample.
 Accused or representative are
allowed to observe proceedings.
If accused has no counsel within
72hrs from written notice prior to
destruction, court shall appoint a
counsel from PAO.
 Within 24 hours from receipt of
judgment – trial prosecutor shall
inform the Board and request for
leave to turn over the samples
to PDEA for destruction.
Links that the prosecution must endeavor
to establish with respect to the chain of
custody in a buy-bust operation:
• Seizure and marking of the illegal
drug recovered from the accused
by the apprehending officer
• Turn over of the illegal drug seized
by the apprehending officer to the
investigating officer
• Turn over by the investigating
officer of the illegal drug to the
forensic chemist for laboratory
examination
• Turn over and submission of the
marked illegal drug seized by the
forensic chemist to the court.
(People v. Watamama, G.R. No.
18871, 2014)
NOTES:
 A close examination of the
Implementing Rules and Regulations
(IRR) of Republic Act No. 9165 readily
reveals that the custodial chain rule
admits of exceptions—the
prescriptions of the IRR’s Sec. 21
need not be followed with pedantic
rigor as a condition sine qua non for a
successful prosecution for illegal sale
of dangerous drugs (People v. Cortez,
G.R. No. 183819, 2009).
 While the last paragraph of Section
21(a) of the IRR provides a saving
mechanism to ensure that not every
case of non-compliance irreversibly
prejudices the State’s evidence, it is
significant to note that the application
of the saving mechanism to a situation
is expressly conditioned upon the
State rendering an explanation of the
lapse or lapses in the compliance with
the procedures (People v. Sanchez,
G. R. No. 175832, 2008)
 “While testimony about a perfect chain
is not always the standard because it
is almost always impossible to obtain,
an unbroken chain of custody
becomes indispensable and essential
when the item of real evidence is not
distinctive and is not readily
identifiable, or when its condition at the
time of testing or trial is critical, or
when a witness has failed to observe
its uniqueness.  The same standard
likewise obtains in case the evidence
is susceptible to alteration, tampering,
contamination and even substitution
and exchange.  In other words, the
exhibit’s level of susceptibility to
 fungibility, alteration or tampering –
without regard to whether the same is
advertent or otherwise not – dictates
the level of strictness in the application
of the chain of custody rule.”(Malillin v.
People, G.R. No. 172953, 2008, 553
SCRA 619, 631-634 cited in People v.
Climaco, G.R. No. 199403, 2012).

 In People v. Ara, we ruled that R.A.

9165 and its IRR do not require strict
compliance with the chain of custody
rule: As recently highlighted in People
v. Cortez and People v. Lazaro, Jr.,
RA 9165 and its subsequent
Implementing Rules and Regulations
(IRR) do not require strict compliance
as to the chain of custody rule. The
arrest of an accused will not be
invalidated and the items seized from
him rendered inadmissible on the sole
ground of non-compliance with Sec.
21, Article II of RA 9165. We have
emphasized that what is essential is
“the preservation of the integrity and
the evidentiary value of the seized
items, as the same would be utilized in
the determination of the guilt or
innocence of the accused.” Briefly
stated, non-compliance with the
procedural requirements under RA
9165 and its IRR relative to the
custody, photographing, and drug-
testing of the apprehended persons, is
not a serious flaw that can render void
the seizures and custody of drugs in a
buy-bust operation (People v.
Cardenas, G.R. No. 190342, 2012).

END OF TOPIC