Commission of a Crime while under the Influence of Dangerous Drugs

Being under the influence of a dangerous drug while committing a crime is a qualifying
circumstance as provided by Section 25 of the law.
But this qualifying circumstance is not to mean that the offense will be qualified, such as
that of homicide qualified to murder, or of theft to qualified theft. The effect of being
under the influence of a dangerous drug only qualifies the penalty such that the penalty
imposable by law for the crime committed while under the influence of a dangerous drug
will be the penalty which is next higher under the law violated.
Prohibited Acts:
1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
A “dangerous drug” is any substance that is considered unsafe for purposes of self-
medication. It may be acquired and used with a requisite prescription subject to
compliance with the instructions of the prescribing physician, or be absolutely prohibited
as to acquisition, possession and use. It includes those listed in the Schedules annexed
to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances.
A “controlled precursor” and “essential chemical” is any substance that may be used for
the manufacture of a dangerous drug.
The concept of importation involves the entry of foreign products into the Philippines.
Although normally the process of importation is complete once the imported product is
cleared by the Bureau of Customs (BOC) and the proper import tax is paid.
However, for liability under this act to set in it is sufficient that there is an attempt to
import the prohibited product such that once it is detected by the Bureau of Customs,
the importer (the person who will receive the imported product) and the shipper (the
person who sent the product) will be held liable for importation, even if the product was
not cleared by the BOC.
It is essential that the shipper and/or the importer knew of the prohibited product for
liability to set in and that they wilfully carried out the transaction.
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
This covers all possible transactions involving dangerous drugs to prevent the accused
from using terminologies or phraseologies to avoid liability.
The acts stated contemplate the possession of dangerous drugs or controlled
precursors and essential chemicals for the purpose of consummating a transaction or
for the purpose of initiating one. Note that an attempt to commit any of the acts above is
already punishable by law.
4. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
The act of “manufacturing” includes the 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;
except that such terms do not include the preparation, compounding, packaging or
labeling of a drug or other substances by a duly authorized practitioner as an incident to
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
drugs or such substances that are not intended for sale or for any other purpose.
The broad definition of “manufacturing” involves any processing of DD and CP/EC
without having the lawful authority to do so or if the act is not connected with the
practice of a lawful profession or the conduct of legitimate research, which must be
under the authority of the DDB.
What is being punished in this act is the processing of DD and CP/EC without authority
from the DDB.
5. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals;
“Chemical diversion” involves the sale, distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured controlled precursors and 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.
By “diversion,” legitimately imported CP/EC is transferred to a person or entity, who in
turn uses the legitimate products to manufacture dangerous drugs.
The concept of illegal chemical diversion is misdirection – the manufacture and trade in
dangerous drugs is done in the guise of a legitimate activity.
6. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
This refers to things used to manufacture or use DD and CP/EC. In criminal
investigation it must be established that the thing manufactured or delivered is intended
to be used for a drug-related purpose or is actually used for a drug-related purpose.
7. Possession of Dangerous Drugs,
Possession here must be understood to mean knowledgeable, wilful and voluntary
possession of dangerous drugs, which must also be understood in two concepts: actual
and constructive.
Actual possession involves having a thing directly in the hands or control of the
possessor, while constructive possession involves not having a thing directly in the
hands of the possessor but subject to that person’s authority or control.
For instance, having a marijuana cigarette in one’s wallet is proof of actual possession,
while having a similar cigarette in one’s cabinet at home while the owner is out of the
residence is proof of constructive possession. Otherwise stated, it is the actual
possessor who will be liable for illegal possession of dangerous drugs. On constructive
possession on the other hand, it is the lawful possessor or owner of the premises who
will be held liable for the illegal possession.
Note again that lack of knowledge of possession is a valid defense, as in the case
where evidence was “planted.” On the other hand, knowledgeable, wilful and voluntary
possession in good faith is not a defense in this case because the law does not concern
itself with the intention of the possessor, unless in theory, if the possessor was en route
to a police station to surrender a pack of dangerous drugs found by him. In that sense,
possession in good faith may be accepted because we need to take into consideration
the moral predisposition of the possessor and the public service that was done when
the drugs were surrendered. More so, this interpretation will not discourage civilians
11. Cultivation or Culture of Plants Classified as Dangerous Drugs or Are Sources
Thereof;
This includes the planting of prohibited flora even if the same is intended for aesthetic
purposes. The law does not distinguish between a lawful purpose and an unlawful
purpose nor does it concern itself with the intention of the planter.
Good faith may be a valid defense, but not in the sense that the offender did not intend
to use the plant to produce drugs. Good faith may be invoked in the form of honest
mistake or ignorance as to the specie of plant cultivated, as plants such as the opium
poppy and the coca plant resemble usual garden variety plants. This good faith however
cannot be validly invoked where the plant is distinctly and publicly recognizable, as in
the case of a marijuana plant which is easily identifiable.
12. Failure to maintain and keep Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals;
Proprietors of establishments selling chemicals are required by the Dangerous Drugs
Board to maintain a record of transactions, including their inventory so that the presence
of CP/EC can be monitored. This is also a condition for the grant of a permit to engage
in the trade of chemicals.
13. Unnecessary Prescription of Dangerous Drugs;
This act is committed by a licensed practitioner – a physician perhaps, who issues a
prescription for drugs where the patient’s physiological condition does not require it.
14. Unlawful Prescription of Dangerous Drugs;
Physicians and other medical practitioners are the only professionals specifically-
authorized by law to issue prescriptions for the purchase and use of dangerous drugs.
Commission of this act requires that the person making the prescription has no authority
to issue the same.
15. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
a. Importation of any dangerous drug and/or controlled precursor and essential
chemical;
b. Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical;
c. Maintenance of a den, dive or resort where any dangerous drug is used in any form;
d. Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
e. Cultivation or culture of plants which are sources of dangerous drugs.
16. Misappropriation, Misapplication or Failure to Account for the 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 Act Committed by a Public Officer or Employee;
17. Planting of Evidence.
“Planting” is defined as 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 any 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 the law.