RA 9165 : The Comprehensive Dangerous Drugs Act of 2002

PROHIBITED DRUGS

Americana, harish, bhang, gauza, churrus and ganjab, and embraces every kind,
class and character of marijuana, whether dried or Canabis – commonly known as
“Marijuana” or “Indian Hemp” or by its any other name.- embraces every kind, class,
genus, or specie of the plant Canabis Sativa L. including but not limited to Canabis
fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and its small geographic varieties, whether as a reefer, resin, extract,
tincture or any form whatsoever.(Art.I, Sec 3,(v))

Methelyndioxymethamphetamine – commonly known as “Ecstacy” or by its any other

name.- Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form. .(Art.I, Sec 3,(w))

Methamphetamine Hydrochloride – commonly known as “Shabu”, “Ice” or “Meth” or

by its any other name.- Refers to the drug having such chemical composition, including
any of its isomers or derivatives in any form .(Art.I, Sec 3,(x)).

Opium – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.)
and embraces every kind, class or character of opium, the ashes or refuse of the same;
narcotic thereof or therefrom; morphine or any alkaloid of the opium; preparations in
which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy;
opium poppy straw; and leaves or wrapping of the leaves, whether prepared for use or
not .(Art.I, Sec 3,(y)).

Opium poppy– Refers to any part of the plant of the specie Papaver somniferum L.,
Papaver setigerum DC. Papaver orientale, Papaver bracteatum and Papaver rhoeas
which includes the seeds, straws, branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and culinary purposes .(Art.I, Sec 3,(z)).

IMPORTANT TERMS

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Controlled Delivery – the investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly
forma any offense, to pass into, through or out of the country under the supervision of
an authorized officer, with a view to gather evidence to identify any person involved in
any dangerous drug related offense, or facilitate prosecution of that offense. (Art. I, Sec
3,(g)).

Controlled Precursors and Essential Chemicals – Include those listed in Table I and
II of the 1988 UN Convention Against Illisit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an integral part of this Act.
(Art. I, Sec 3,(h)).

Den, Dive or Resort – A place where any dangerous drug and/or controlled precursor
or essential chemical is administered, delivered, stored for illegal purposes, distributed,
sold or used in any form. (Art. I, Sec 3,(l))

Drug Dependence - As based on the WHO definition, it is a cluster of Physiological,

Behavioral and cognitive phenomena of variable intensity, which in the use of
psychoactive drug, takes on a high priority, thereby involving, among others, a strong
desire or sense of compulsion to take the substance and the difficulties in controlling
substance taking behavior in terms of its onset, termination or levels of use. (Art. I, Sec
3,(l))

Drug Syndicate – Any organized group of two (2) or more persons forming or joining
together wit the intention of committing any offense prescribed under this act. (Art I, Sec
3 (o)).

Financier – Any person who pays for, raises or supplies money for, or underwrites any
of the illegal activities prescribed under this act. (Art. I, Sec 3. (q))

Illegal Trafficking – The illegal cultivation, culture, delivery, administration,

dispensation, dispensation, manufacture, sale, trading, transportation, distribution,

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importation, exportation and exportation of any dangerous drug and/or controlled
precursors and essential chemicals (Art. I, Sec. 3(r)).

Instrument – That thing that is use or is intended to be used in any manner in the
commission of illegal drug trafficking or related offenses [as defined in this Act] (Art 1,
Sec 3 (s))

Paraphernalia* - those things that are used to administer dangerous drugs to ones own
body or to another. [such as syringes, aluminum foils, lighters, etc.]

Manufacture – The production, preparation, compounding or processing or any

dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extracting form substances of natural origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical synthesis, and
shall include packaging and repackaging of such substances, design or configuration of
its form or labelling or relabeling of its container; except that such term do not include
the preparation compounding, packaging or labeling of a drug or other substances by a
duly authorized practitioner as an incident of his /her administration or dispensation of
such drug or substance in the course of his/her professional practice including
research, teaching and chemical analysis of dangerous drug or substances that are not
intended for sale or any other purpose. (Art I, Sec 3 (u)).

Planting of Evidence – the willful act by any person of maliciously and surreptitiously
inserting, placing, adding, or attaching directly or indirectly through any overt or covert
act, whatever quantity of dangerous drug and/or controlled precursor and essential
chemical in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating , incriminating or imputing the commission of
any violation of this act. (Art I, Sec 3 (cc)).

Protector/Coddler – Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or has
reasonable ground to believe on or suspects, has violated the provisions of this Act in
order to prevent the arrest, prosecution and conviction of the violator. (Art I, Sec 3 (ee)).

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Pushing – Any person who sells, trades, administers, dispenses, delivers or gives away
to another, or in any terms whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as broker in any of such transactions, in violation of this
Act. (Art I, Sec 3 (ff)).

Sell – Any act of giving away dangerous drug and/or controlled precursor or essential
chemical for money or any other consideration (Art I, Sec 3 (ii)).

Trading – Transactions involving the illegal trafficking or dangerous drugs and/or

controlled precursors or essential chemicals using electronic devises, such as , but not
limited to, text messages, email, mobile or landlines, two-way radios, internet, instant
messenger and chat rooms or acting as broker in any of such transactions whether for
money or any other consideration, in violation of this Act. (Art I, Sec 3 (jj)).

Use – any act of injecting, intravenously or intramuscularly, of consuming either

chewing, smoking, sniffing, eating physical swallowing, drinking or otherwise introducing
into the physiological system of the body, any dangerous drug (Art I, Sec 3 (kk)).

*Possession – the actual or constructive exercise of dominion or control over

dangerous drugs and/or controlled precursors and essential chemicals, Equipment,
Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs in person or in
his/her house, effects or in the immediate vicinity.

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Importation of ✓ Importation per ✓ Importation of ✓ Confiscation of

Dangerous Drugs se of any any controlled (used)
and/or Controlled dangerous drug precursor diplomatic
Precursors and (Sec 4, par 1) and/or essential passport (sec 4,
Essential Chemicals ✓ Any person or chemicals par 3)
(Sec.4 par 1) persons acting (CPEC) (Sec 4, ✓ If government
as financier par 2) employee)
(Sec 4, par 4) ✓ Acting as Absolute and
✓ Using coddler/protecto perpetual

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 diplomatic r (Sec 4, par 5) disqualification
passport, ✓ In Attempted or from any public
facilities or any Conspiracy office (Sec 28)
means or official (Sec 26) ✓ If Alien,
status to ✓ including deportation after
facilitate entry partners, serving
(Sec 4, par 3) officers of sentence (Sec
✓ In Attempted or corporations, 31)
Conspiracy etc. (Sec 30 par ✓ Civil Interdiction
(Sec 26) 1) (Sec 35)
✓ including ✓ Use vehicle, If offender is a minor
partners, vessel, aircraft and violation with
officers of and other facility maximum penalty
corporations, owned by or imprisonment of
etc. (Sec 30 par under the reclusion perpetua to
1) control or death* (Sec 98)
✓ Use vehicle, supervision of
vessel, aircraft (Sec 30 par 2)
and other facility
owned by or
under the
control or
supervision of
(Sec 30 par 2)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

CIRCUMSTANCES ✓ Any person or ✓ Any person or ✓ Confiscation of

AND EQUIVALENT persons acting persons acting (used)
PENALTIES as broker of as broker of diplomatic
dangerous controlled passport (sec 4,
drugs precursor and par 3)
Regardless of essential ✓ If government
quantity or chemicals employee)
purity, specie or Regardless of Absolute and
purpose (Sec 5) quantity or perpetual
✓ 100m from purity, specie or disqualification
school (Sec 5) purpose from any public
✓ Using minors ✓ Acting as office (Sec 28)
(Sec. 5) coddler ✓ If Alien,
✓ If a minor or /protector deportation after
incapacitated ✓ In Attempted or serving
victim dies as a Conspiracy sentence (Sec
result (Sec 5) (Sec 26) 31)
✓ Any person or ✓ including ✓ Civil Interdiction
persons acting partners, (Sec 35)
as financier officers of ✓ If offender is a
(Sec 5) corporations, minor and
✓ In Attempted or etc. (Sec 30 par violation with
Conspiracy 1) maximum
(Sec 26) ✓ Use vehicle, penalty
including partners, vessel, aircraft imprisonment of

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 officers of corporations, and other facility reclusion
etc. (Sec 30 par 1) Use owned by or perpetua to
vehicle, vessel, aircraft under the death* (Sec 98)
and other facility owned control or
by or under the control supervision of
or supervision of (Sec (Sec 30 par 2)
30 par 2)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Maintenance of a Den, ✓ Any person or ✓ Any person or ✓ If government

Dive or Resort (Sec 6) persons who persons who employee,
maintain a den, maintain a den, Absolute and
dive or resort dive or resort perpetual
where any where any disqualification
dangerous drug controlled from any public
is used/ sold in precursor or office
any form.(Sec essential ✓ For the owner
6) chemical is or maintainer
✓ where any used or sold in and/or operator
dangerous drug any form. (Sec of the Den, Dive
is used or sold 6) or Resort where
to minors (Sec ✓ Acting as while using the
6) coddler/protecto same, a person
✓ Any person/s r (Sec 6) dies, and
acting as ✓ In Attempted or dangerous
‘financier’(Sec Conspiracy drugs be
6) (Sec 26) proximate
✓ In Attempted or ✓ including cause of death
Conspiracy partners, the penalty is
(Sec 26) officers of Death* and fine
✓ including corporations, of 1M to 15 M.
partners, etc. (Sec 30 par ✓ if owned by third
officers of 1) person, escheat
corporations, ✓ Use vehicle, in favor of
etc. (Sec 30 par vessel, aircraft government**
1) and other facility
✓ Use vehicle, owned by or
vessel, aircraft under the
and other facility control or
owned by or supervision of
under the (Sec 30 par 2)
control or
supervision of
(Sec 30 par 2)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to

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 death* 20years

Employees and ✓ Employee or ✓ If government

Visitors of Den, Dive visitor who is employee)
or Resort (Sec 7) aware of the Absolute and
nature of the perpetual
place, such den, disqualification
dive or resort from any public
(Sec 7) office (Sec 28)
✓ If Alien,
deportation after
serving
sentence (Sec
31)
✓ Civil Interdiction
(Sec 35)
✓ If offender is a
minor and
violation with
maximum
penalty
imprisonment of
reclusion
perpetua to
death* (Sec 98)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Manufacture of ✓ Any person or ✓ Mere presence ✓ If government

Dangerous Drugs persons of manufacture employee,
and/or Controlled engaged in of controlled Absolute and
Precursors and manufacture of precursor and perpetual
Essential Chemicals dangerous essential disqualification
(Sec 8) drugs (Sec 8) chemicals from any public
✓ Any person or ✓ Acting as office
persons acting coddler/protecto ✓ If Alien,
as ‘financier’ r deportation after
(Sec 8) ✓ In Attempted or serving
✓ Maximum Conspiracy sentence (Sec
Penalty* (Sec 26) 31)
Aggravated if ✓ including ✓ Civil Interdiction
laboratory is: (a) partners, (Sec 35)
using minors; officers of
(b) 100m form corporations,
residential, etc. (Sec 30 par

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 business, 1)
church or ✓ Use vehicle,
school; (c) vessel, aircraft
secured by and other facility
booby traps; (d) owned by or
concealed with under the
legitimate control or
business supervision of
operations; (e) (Sec 30 par 2)
employs
chemical
engineer, public
official or
foreigner.
✓ In Attempted or
Conspiracy
(Sec 26)
including
partners,
officers of
corporations,
etc. (Sec 30)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Cultivation or Culture ✓ Any person who ✓ Any person ✓ If government

of Plants Classified as shall plant, acting as employee,
Dangerous Drugs or cultivate or protector/coddle Absolute and
are Sources Thereof culture r (Sec 16) perpetual
(Sec 16) marijuana or ✓ In Attempted or disqualification
opium poppy or Conspiracy from any public
any other plant (Sec 26) office
considered ✓ including ✓ If Alien,
dangerous drug partners, deportation after
regardless of officers of serving
quantity (Sec corporations, sentence (Sec
16) etc. (Sec 30 par 31)
✓ If land is public 1) ✓ Civil Interdiction
domain (Sec ✓ Use vehicle, (Sec 35)
16) vessel, aircraft
✓ Any person and other facility
acting as owned by or
financier, under the
manager control or
✓ In Attempted or supervision of
Conspiracy (Sec 30 par 2)
(Sec 26)
✓ including

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 partners,
officers of
corporations,
etc. (Sec 30 par
1)
✓ Use vehicle,
vessel, aircraft
and other facility
owned by or
under the
control or
supervision of
(Sec 30 par 2)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Manufacture or ✓ Using minors or ✓ Any person who ✓ Imprisonment 6

Delivery of incapacitated to possess/ mos and 1 day to
Equipment, deliver (Sec 10) manufacture 4 yrs and fine of
Instrument, with intent to P10K to P50K if
Apparatus, and Other deliver; to be used to inject,
Paraphernalia for used to plant, ingest, inhale or
Dangerous Drugs propagate, otherwise
and/or Controlled cultivate, grow, introduce to the
Precursors and harvest, human body
Essential Chemicals manufacture, dangerous
(Sec 10 compound, drugs*(Sec 10)
convert, ✓ If government
produce, employee,
prepare, Absolute and
process, test, perpetual
analyze, pack, disqualification
repack, store, from any public
contain, office (Sec 10)
conceal any ✓ If Alien,
dangerous deportation after
drugs, serving sentence
controlled (Sec 31)
precursor and ✓ Civil Interdiction
essential (Sec 35)
chemicals (Sec
10)
✓ If deliver using
a minor or
incapacitated(S
ec 10)

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PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

**Illegal Chemical ✓ Any person who ✓ If government

Diversion of diverts employee,
Controlled Precursors controlled Absolute and
and Essential precursor or perpetual
Chemicals (Sec 9) essential disqualification
chemicals (Sec from any public
9) office (Sec 9)
✓ If Alien,
deportation after
serving
sentence (Sec
31)
✓ Civil Interdiction
(Sec 35)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Possession of ✓ 10g+ opium ✓ *and fine of ✓ <50g Shabu

Dangerous Drugs ✓ 10g+ morphine 300k to 400K =Life imprisonment and
(Sec 11) ✓ 10g+ heroin <5g of Opium, fine of 400K to 500K
✓ 10g+ cocaine morphine, heroin, (Sec 11)
✓ 10g+cocaine HCl cocaine, cocain HCl, ✓ 5g+<10g
✓ 50g+Shabu Marijuana resin or Opium, morphine,
✓ 10g+Marijuana resin oil, shabu (Sec heroin, cocaine, cocain
resin or resin oil 11) HCl, Marijuana resin or
✓ 500g+Marijuana ✓ <300g of newly resin oil, shabu
✓ 10g+Marijuana, introduced =20yrs 1 day to Life
MDMA, PMA, TMA, drugs , MDMA, imprisonment 400k to
LSD, GHB and PMA, TMA, 500k (Sec 11)
similar derivatives LSD, GHB and ✓ If government
without therapeutic similar employee,
value (Sec 11) derivatives Absolute and
without perpetual
therapeutic disqualification
value and their from any public
derivatives. office (Sec 9)
(Sec 11) ✓ If Alien,
deportation
after serving

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 sentence (Sec
31)
Civil Interdiction (Sec
35)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Possession of ✓ Imprisonment of
Equipment, 6mos 1 day to 4
Instrument, Apparatus yrs and fine of
and Other 10K to 50K
Paraphernalia for ✓ Mere possession
Dangerous Drugs is prema facie
evidence of use

Possession of ✓ Or in proximity ✓ (If government

Equipment, to at least two employee)
Instrument, Apparatus (2) persons Absolute and
and Other perpetual
Paraphernalia for disqualification
Dangerous Drugs from any public
office (Sec 28)
✓ If Alien,
deportation after
serving sentence
(Sec 31)
✓ Civil Interdiction
(Sec 35)
✓ ü If
offender is a
minor,
imprisonment of
reclusion
perpetua to
death*

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Possession of ✓ Imprisonment of
Equipment, 6mos 1 day to 4

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Instrument, Apparatus yrs and fine of
and Other 10K to 50K
Paraphernalia for ✓ Or in proximity to
Dangerous Drugs at least two (2)
During Parties, Social persons
Gatherings or ✓ If government
Meetings employee,
Absolute and
perpetual
disqualification
from any public
office

Use of Dangerous ✓ First offense,

Drugs 6mos rehab
✓ Second offense,
Imprisonment of
6yrs 1 day to 12
yrs and penalty
of 50k to 200k
✓ But if tested
positive and at
the same time
possessed any
quantity Sec 11
will apply

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

**Maintenance and ✓ Imprisonment of

Keeping of Original 1yr 1 day to 6yrs
Records of and fine of 10K to
Transactions on 50K
Dangerous Drugs ✓ If being a
and/or Controlled licensed
Precursors and practitioner failed
Essential Chemicals to keep records
(Sec 17) or if licensed is
revoked
✓ If government
employee,
Absolute and
perpetual
disqualification
from any public
office (Sec 28)

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Unnecessary ✓ If practitioner ✓ Revocation of
Prescription of prescribes to license
Dangerous Drugs those If government employee,
(Sec 18) conditions Absolute and perpetual
which does not disqualification from any
require public office (Sec 28)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

Unlawful Prescription ✓ Unlicensed If government

of Dangerous Drugs person who employee, Absolute and
makes, issue or perpetual
makes writing disqualification from any
purporting to be public office
prescription
**Planting of evidence ✓ *Death
any dangerous drug ✓ If government
and/or controlled employee,
precursor and Absolute and
essential chemical, perpetual
regardless of quantity disqualification
and purity. (Sec 29) from any public
office
**Public Officer or ✓ Public Officer or ✓ If government
Employee – Employee – employee,
Misappropriation, Misappropriatio Absolute and
Misapplication, Failure n, perpetual
to Account Misapplication, disqualification
Confiscated, Seized Failure to from any public
and/or Surrendered, Account office
dangerous drug
and/or controlled
precursor and
essential chemical,
Apparatus, Equipment
or Paraphernalia,
including proceeds
(Sec 27)

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to

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 death* 20years

**Issuance of False or ✓ Imprisonment of

Fraudulent Drug Test 6 yrs 1 day to 12
Results (Sec 37) yrs and a fine of
100k to 500k
✓ Revocation of
License
**Violation of ✓ 6 mos 1 day to 4
Regulations Issued by yrs and fine of
the Board (Sec. 32) 10K to 50k

**Violation of ✓ 6 mos 1 day to 6

Confidentiality of yrs and fine of 1K
Records ( Sec 72) to 6k
✓ If government
employee,
Absolute
perpetual
disqualification
from any public
office in addition
to maximum
penalty

PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES

Fine Fine Additional/Other

P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years

**Delay and bungling ✓ Imprisonment 12

in the prosecution of years 1day to
drug cases by any 20years
government officer or ✓ May be
employee tasked with prosecuted under
their prosecution RPC
through apparent
laxity, inexcusable
negligence, and
unreasonable delay
or deliberately causes
the unsuccessful
prosecution and/or
dismissal of the drug
cases (Sec 92)

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 Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Source of Dangerous Drugs, CPEC, Instruments, Paraphernalia
and/or Laboratory Equipment

PROCEDURE UPON ARREST/APPREHENSION

• STEP 1: Photograph and Physical Inventory (Upon Arrest/Apprehension)

• With Media, LGU, DOJ

• LGU Official shall certify inventory

• STEP 2: Quantitative and Qualitative Examination (within 24 hours)

• STEP 3 Certification of Results of Examination (within 24 hours)

• STEP 4 Ocular Inspection after Filing Case (within 72 hours)

• PDEA shall proceed with the Burning/Destruction within 24 hours

• Representative Samples Retained

• STEP 5 Sworn Certification of Actual Burning/Destruction;

PROCEDURE AFTER PROMULGATION OF JUDGEMENT

• STEP 1:Prosecutor shall inform PDEA of Termination of the Case;

• STEP 2:Prosecutor shall ask leave of Court turn over the said representative
sample/s to the PDEA for proper disposition and destruction

• STEP 2:PDEA shall proceed with the Burning/Destruction within 24 hours

• Representative Samples Retained

• STEP 5 Sworn Certification of Actual Burning/Destruction;

Participation of local government units

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Any place or premises which have been used on two or more occasions as the site of
the unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following procedure

(1) Any city or municipality may, by ordinance, create and administrative board to hear
complaints regarding nuisances;

(2) Any employee, officer, or resident of the city or municipality may bring a complaint
before the Board after giving not less than [3] days written notice of such complaint to
the owner of the place or premises at his last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of
the general reputation of the place or premises, and at which the owner of the premises
shall have an opportunity to present evidence in [his] defense, the Board may declare
the place or premises to be a public nuisance. (Sec. 52)

If the Board declares a place or premises to be a public nuisance, it may declare an

order immediately prohibiting the conduct, operation, or maintenance of any business or
activity on the premises which is conducive to such nuisance.

An order entered under this section shall expire after [1] year or at such earlier time as
stated in the order. The Board may bring a complaint seeking a permanent injunction
against any nuisance described under this section. (Sec. 53)

Program for treatment and rehabilitation of drug dependents

A drug dependent or any person who violates section 15 of this act may, by himself or
through [his] parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for
treatment and rehabilitation of the drug dependency.

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a). Apply to the Board under the Voluntary Submission Program (VSP) for treatment
and rehabilitation of the drug dependency. Upon such application, the Board shall bring
forth the matter to the court which shall order that the applicant be examined for drug
dependency. If the examination shows that he is a drug dependent, he shall undergo
treatment and rehabilitation for a period of not less than [6] months. (Sec. 54) and be

1. Exempted from criminal liability (Sec. 55)

2. Placed on probation and undergo community service (Sec. 57)

3. Charged for violation of Sec. 15 (Sec. 58)

b. Be compulsory confined under the Compulsory Submission Program (CSP). The

confinement may either be through petition by the Board with the RTC or by the
prosecutor/court where the drug dependent is charged with an offense punishable with
a penalty less than 6 years and 1 day. In such case, the court or the prosecutor shall be
suspend all further proceedings at any stage and transmit copies of the record of the
case to the Board. (Sec. 62)

Occasional “use” of dangerous drug, is not the same as drug dependent. (People vs
Dischoso G.R. No. 101216-18)

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