Sec. 4 Importation of Dangerous Drugs and/or controlled precursors and essential chemicals.

Requisites:

 Dangerous drugs must come from a foreign source of origin

 Must be unauthorized
 Must have the intent to import

Sec. 5 (DRUG PUSHING) Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 

Maximum penalty : Financier, leader, organizer, protector/coddler

SELLING

Elements of Selling:

1. Identity of buyer and seller, object and consideration.

2. Delivery of the thing sold and payment

Elements that must be proven by prosecution:

1. Transaction or sale took place.

2. The corpus delicti or the illicit drug was presented as evidence.
3. Identity of buyer and seller.

Entrapment and buy bust is a form of warrantless arrest (in flagrante delicto)

TRADING - Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors
and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile
or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of
such transactions whether for money or any other consideration in violation of this Act.

2 modes (De Lima vs. Guerrero):

Use of electronic device

Acting as broker

TRANSPORTATION – conveying and transporting from one place to another.

Amount of drugs shall be tantamount for commercial use otherwise possession

Place of origin and destination are not essential

Ownership is not essential

No transportation if the car is stationary

DELIVERY

Unlike sale, there is no consideration

Sec. 6 MAINTENANCE OF A DEN, DIVE, RESORT

Habitual maintenance of a place where dangerous drugs is used or sold in any form

Sec.7 Persons liable:

a. Any employee of a den, dive, resort, who is aware of the nature of the place
b. Any person who, not being included of preceding paragraph, is aware of the nature of the place
(e.g. visitors)

Sec. 8 MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL

CHEMICALS; EQUIPMENT, INSTRUMENT, APPARATUS, AND OTHER PARAPHERNALIA FOR DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

Production, preparation, compounding or processing of any dangerous drug and/or controlled precursor
and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of extraction and chemical synthesis,
and shall include any packaging or repackaging of such substances, design or configuration of its form, or
labeling or relabeling of its container.

Prima facie proof of manufacture

Mere presence of controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory.

Sec. 9 ILLEGAL CHEMICAL DIVERSION OF CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

Selling, distributing, supplying, transporting of legitimately imported, in-transit, manufactured or

procured controlled precursors or essential chemicals, in diluted, mixtures or in concentrated form to
any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

Sec. 11

Possession of Dangerous Drugs (Physical and Constructive)

Element/Requirement:

A person possess dangerous drugs

Such possession is not authorized by law

Accused freely and consciously possess dangerous drugs (animus possidendi)

Sec. 12

Possession of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs

Sec. 13

Possession of dangerous drugs during parties, social gatherings or meetings.

Presence of two persons is enough

Sec. 14

Possession of equipment, instrument , apparatus and other paraphernalia for dangerous drugs during
parties, social gatherings or meetings.

Sec. 16 Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.

Act of knowingly planting, growing, raising, or permitting the planting, growing, or raising of any plant
which is the source of dangerous drugs.

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.

Failure to comply with the maintenance and keeping of the original records of transactions on any
dangerous drug and/or controlled precursors and essential chemicals.

Section 18. Unnecessary Prescription of Dangerous Drugs

practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein.

Section 19. Unlawful Prescription of Dangerous Drugs.

any person, who, unless authorized by law, shall make or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.

Section 21 Chain of Custody Rule

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered.

Four Links:

1. The seizure and marking, if practicable, of the illegal drug recovered from the accused by the
apprehending officer.
 Persons required during physical inventory and photography:
 Accused
 Representative/counsel
 Elected public official
 Representative of the National Prosecution Service or the media

2. The turnover of the illegal drug seized by the apprehending officer to the investigating officer.
3. The turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory
examination (within 24 hours)
4. The turnover and submission of the marked illegal drug seized from the forensic chemist to the
court.