RA 9165
Punishable acts
1. Section 4 – Importation of Dangerous drugs.
Import, defined – should be defined by its ordinary meaning (Statcon)
Act of brining in drugs from abroad to the country.
There must be evidence that subject dangerous drugs came from abroad.
2. Section 5
a. Selling
i. Prove the following
1. Identity of the seller and buyer.
2. Prove the object
3. Consideration received by the accused.
4. Delivery to the buyer
ii. Identity of the confidential informant need not to be named so long as the
police officer who acted as poseur buyer, is able to identify and narrate the sale
of drugs.
Exception: when the confidential informant acted as the poseur buyer.
Testimony of the same becomes indispensable.
iii. Marked money need not to be presented if the prosecution witness was able to
establish the fact of payment.
b.
c. Delivery
i. Requires knowledge of passing a dangerous drug to another
ii. Consideration is not required.
d. Transportation - drugs were transported from one point to another regardless of the
distance travelled.
i. Not required that the transporter reaches his/her destination
ii. If accused is caught with a huge volume of dangerous drugs (disputable
presumption of transportation)
iii. May be committed in the attempted stage – Section 26, 9165 as amended
(penalty is the same)
3. Section 6 – maintenance of a drug den
Maintainer, operator, or even the owner.
Fact that the place is a drug den must be proven.
Drug den – a place where dangerous drugs are being sold, used, or distributed.
4. Section 7 – employees and visitors of drug den
Visitors – must be aware that the place is considered a drug den and despite that
knowledge, they continue to visit the same.
Element of knowledge is INDISPENSABLE.
Drug test results is not sufficient that the place is a drug den.
5. Manufacture of dangerous drugs
6. Section 11- Possession –
Mala prohibita (9165)
Actual or constructive possession
Variance doctrine applies – Possession vis-à-vis Transportation
7. Section 12- possession of dangerous drugs in the presence of other individuals
Possession was done during a social gathering, meeting or a proximate distance to at least
two (2)
8. Section 13 - Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings (Sec.
13);
Not only applies to pot session.
9. Section 14 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meeting
10. Use of Dangerous Drugs (Sec. 15);
Section 11 and Section 15 cannot be charged at the same time.
Section 11 absorbed use of Dangerous drugs.
There is a need for a confirmatory test. (test other than the screening test)
11. Cultivation or culture of plants (Section 16)
12. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals (Sec. 17)
13. Unnecessary Prescription of Dangerous Drugs (Sec. 18); and
Perpetrator is a medical practitioner
14. Unlawful prescription of dangerous drugs.
Other notes;
Conspiracy applies.
