CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

TITLE FIVE
 Articles 190, 191, 192 and 193 of the PC were repealed by Republic Act No. 6425, known as the
"Dangerous Drugs Act of 1972", which took effect on March 30, 1972.
 Republic Act No. 9165, known as the "Comprehensive Dangerous Drugs Act of 2002", as amended by
Republic Act No. 10640, repealed Republic Act No. 6425 and is the current law on prohibited drugs.

Republic Act No. 9165

 Dangerous drugs include those listed in the Schedules annexed to the 19th Single Convention on Narcotic
Drugs, such as opium, morphine, heroin, cocaine or cocaine hydrochloride, methamphetamine
hydrochloride or "shabu", marijuana resin or marijuana resin oil, etc.
 Illegal trafficking is the illegal cultivation, culture, delivery, administration, dispensation, manufacture,
sale, trading, etc. of any dangerous drugs and/or controlled precursor and essential chemical.
 Pusher is any person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or who acts as broker in any of such transactions, in violation of R.A. No. 9165.

Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

1. SALE
 Sell is any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration. (Section 3[I], R.A. No. 9165)
 Elements: (a) the identity of the buyer and the seller, the object of the sale and its consideration; and (b) the
delivery of the thing sold and the payment therefor.
 Penalty of life imprisonment to death and a fine ranging from P500,000.00 to P10,000,000.00, regardless of
the quantity involved.

2. TRADING
 Trading is defined as 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 an other consideration in violation of this Act.
(Section 3[jil, R.A. No. 9165)

3. ADMINISTRATION
 Administer is any act of introducing any dangerous drug into the body of any person, with or without his/
her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of medication. (Section 3[a], R.A. No. 9165)

4. DISPENSATION
 Dispense is any act of giving away, selling or distributing medicine or any dangerous drug with or without
the use of prescription. (Section 3[m], R.A. No. 9165)

5. DELIVERY
 Deliver is any act of knowingly passing a dangerous drug to another, personally or otherwise, and by
means, with or without consideration. (Section 3[k], R.A. No. 9165)
 Elements: (1) the accused passed on possession of a dangerous drug to another, personally or otherwise,
and by any means; (2) such delivery is not authorized by law; and (3) the accused knowingly made the
delivery. Worthy of note is that the delivery may be committed even without consideration.

Illegal Importation of Dangerous Drugs

o Importation is "the act of bringing goods and merchandise into a country from a foreign country".
o The crime is committed by any person, who unless authorized by law, shall import or bring into the
Philippines (a) any dangerous drugs, or (b) any controlled precursor and essential chemical.
o Importation of opium poppy plant or parts thereof for floral, decorative and culinary purposes is prohibited.
Manufacture of Illegal Drugs
o Manufacture is 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 svnthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or repackaging of such substance, etc. (Section 3[u],
R.A. No. 9165)
o The crime is committed by any person, who unless authorized by law, shall engage in the manufacture of
any dangerous drug.

Illegal Possession of Dangerous Drugs

ELEMENTS:
1. The accused was in possession of prohibited drug;
2. Such possession is not authorized by law; and
3. The accused freely and consciously possessed the prohibited drug (People vs. Padua)
Note: Illegal possession of dangerous drugs is necessarily included in illegal sale, trading, administration,
dispensation, delivery, distribution and transportation of dangerous drugs.

Illegal Possession of Dangerous Drugs

o Mere possession of a prohibited drug constitutes prima facie evidence of knowledge or animus possidendi
sufficient to convict an accused in the absence of satisfactory explanation
o Illegal possession of prohibited drugs during social gatherings is more severely punished

Illegal Possession of Equipment, instrument, apparatus and other paraphernalia

ELEMENTS:
1. Possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body;
and
2. Such possession is not authorized by law.
Note: The crime of illegal sale of dangerous drugs necessarily includes the crime of illegal possession of dangerous
drugs.

Maintenance of a Drug Den, Dive, or Resort

Persons liable:
1. Person maintaining a drug den, dive, or resort where any dangerous drug is used or sold;
2. Employees of a den, dive, or resort, who is aware of the nature of the place as such;
3. Visitor of a den, dive, or resort who is aware of the nature of the place as such

ELEMENTS:
1. The place is a den - a place where any dangerous drug and /or controlled precursor and essential (chemical) is
administered, delivered, and stored for illegal purposes, distributed, sold or used in any form;

USE OF DANGEROUS DRUGS

o Use is any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating. swallowing, drinking or otherwise introducing into the physiological system of the body,
any of the dangerous drugs.
(Sec. 3 [kk], R.A. No. 9265)
o The possession of equipment, instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body shall prima
face evidence that the possessor used a dangerous drug. (Sec. 12, R.A. No. 9165)
o If use and possession co-exist, the penalty for possession shall be imposed. (Sec. 12, R.A. No. 9165)

Prescription of Dangerous Drugs

1. Unnecessary Prescription of Dangerous Drugs
 o Committed by a practitioner, who shall prescribe any dangerous drug to any person whose physical or
psychological condition does not require the use or in the dosage prescribed therein
2. Unlawful Prescription of Dangerous Drugs
o Committed by 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 (Sec. 19, R.A. No. 9165)

Cultivation and Culture

o Cultivate or culture is any act of knowingly planting, growing, raising, or permitting the planting, growing
or raising of any plant which is the source of a dangerous drug. (Sec. 3[i])
o Illegal cultivation or culture is committed by any person, who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be manufactured or derived (Sec. 16,
R.A. No. 9165)

Chemical Diversion
o Chemical diversion is 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
(Sec. 3[d], R.A. No. 9165)

Buy-Bust Operation
o A buy-bust operation is a form of entrapment, which in recent vears has been accepted as a valid means of
arresting violators of the Dangerous Drugs Law.
o The prosecution must present a complete picture detailing the transaction, which must start from the initial
contact between the poseur-buyer and the pusher, the offer to purchase, the premise or payment of the
consideration until the consummation of the sale by the delivery of the illegal drug subject of the sale.

Chain of Custody:
o It is defined as "the dulv recorded authorized movements and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for
destruction".

Link that the prosecution must establish:

1. The seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending
officer.
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; and
4. The turnover and submission of the marked illegal drug seized by the forensic chemist to the court (People
vs. Dahil, 745, SCRA 221 [2015]).

Required procedure in seizure and custody of drugs:

1. The apprehending officer shall, immediately after seizure and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/ her representative or counsel, with an elective public official and representative of
the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given
a copy thereof;

Chain of Custody - Section 21, R.A. No. 9165

Required procedure in seizure and custody of drugs:
1. The apprehending officer shall, immediately after seizure and confiscation, conduct a physical inventory of
the seized items and photograph the same in the presence of the accused or the person/s from whom such
 items were confiscated and/or seized, or his/ her representative or counsel, with an elective public official
and representative of the National Prosecution Service or the media who shall be required to sign the copies
of the inventory and be given a copy thereof;
2. Within 24 hours upon confiscation/ seizure, the same shall be submitted to the PDA Forensic Laboratory
for a qualitative and quantitative examination;
3. A certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within 24 hours after the receipt of the subiect item/s.
Note: Strict compliance with the prescribed procedure is required because of the illegal drugs' unique characteristic
rendering it indistinct, not readily identifiable, and easily open to tampering, alteration or substitution either by
accident or otherwise.

Summary:
1.Immediately after seizure and confiscation, apprehending officer should conduct a phsical inventory and
photograph the seized substances at the place where search warrant is served or in case of warrantless seizures, at
the nearest police station or nearest office of the apprehending officer;
2.The physical inventory and photograph taking should be made in the presence of the following:
a. Accused or the person/s from whom such items were confiscated and/or seized, or his /her representative or
counsel;
b. An elected public official; and
c. A representative of the National Prosecution Service or the media.
3.The witnesses should sign copies of the inventory and be given a copy thereof;
4.The seized substance should be placed in a plastic container and the apprehending officer should place his marking
in the container and seal the same with a seal, e.g. adhesive tape, that cannot be removed without leaving a tear on
the plastic container;
5.The investigating officer must turn over the marked evidence to the PDEA Forensic Laboratory for examination
within 24 hours from confiscation;
6.After testing of the seized substance in the crime laboratory, the forensic chemist should put his own mark on the
plastic container and seal it again with a new seal;
7.The forensic chemist should turn-over and submit the marked illegal drug to the court.

CRIMES AGAINST PUBIC MORALS

TITLE SIX

Crimes against Public Morals: Repealed

Article 195 - Gambling
Article 196 - Importation, sale and possession of lottery
tickets or advertisements
Article 197 - Betting in sport contests
Article 198 - Illegal betting on horse races
Article 199 - Illegal Cockfighting
Note: Articles 195 - 199 is beaing repealed already. Presidential Decree No. 1602 is the current law on gambling in
the Philippines.

Presidential Decree No. 1602

Gambling
o Is any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or
value or representative of value are at stake or made.
o Illegal gambling is committed by any person who, in any manner, shall directly or indirectly, take part in
any game scheme, regardless of whether winning thereat is dependent upon chance or skill or both, when
such game scheme is not authorized or licensed by the government agency duly empowered by law

Illegal/Unauthorized Games
1. Cockfighting, jueteng, jai-alai or horse racing to include bookie operations and game fixing, numbers,
bingo and other forms of lotteries;
2. Cara y cruz, Pompiang and the like;
 3. 7-11 and any game using dice;
4. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, panguigue and other card games;
5. Paik que, high and low, mahjong, domino and other games using plastic tiles and the like, etc.

Illegal Number Games

1. Jueteng - an illegal number game that involves the combination of 37
numbers against 37 numbers from 1 to 37 or the combination of 38 numbers in some areas, serving as a
form of local lottery where bets are placed and accepted per combination, and its variants (Sec. 2[b]);
2. Masiao - an illegal numbers game where the winning combination is derived from the results of the last
game of Jai Alai or the Special Lave portion or any result thereof based on any fictitious Jai Alai game
consisting of 10 players pitted against one another, and its variants (Sec. 2[cl);
3. Last Two - an illegal numbers game where the winning combination is derived from the last two numbers
of the first prize of the winning Sweepstakes ticket, and its variants (Sec. 2[d])

COCKFIGHTING LAW OF 1974

- Holding of Cockfights - Cockfighting shall be allowed only in licensed cockpits
1. Sundays
2. Legal Holidays, except: December 30, June 12, November 30, Holy Thursday, Good Friday, Election or
Referendum Day and during Registration Days for such
election or referendum
3.During local fiestas for not more than 3 days
4.Provincial, city or municipal agriculture, commercial or industrial fair, camival or exposition for a similar period
of three days upon resolution, subject to approval of Chief of Constabulary or his authorized representative - not
allowed within month of local fiesta of for more than two occasions a year in same city or municipality

Art. 200 - Grave Scandal

Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as offending against decency or good customs;
3. That the highly scandalous conduct is not expressly falling within any other article of this code;
4. That the act or acts complained of be committed in a public place or within the public knowledge or view.

o Decency means propriety of conduct; proper observance of the requirements of modesty, good taste, etc.
o Customs means established usage, social conventions carried on by tradition and enforced by social
disapproval of any violation thereof.
o Grave scandal consists of acts which are offensive to decency and good customs which, having been
committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
o If the acts of the offender are punished under another article of the RPC, Art. 200 is not applicable.

Art. 201 - Immoral doctrines, obscene publications and exhibitions, and indecent shows
o Publicity is essential
o The author of obscene literature is liable only when it is published with his knowledge
o Mere nudity in pictures or paintings, not an obscenity
o Mere possession of obscene materials is not punishable
o R.A. No. 9995 or the Anti-Photo and Video Voyeurism Act of 2009, prohibits the taking, copying, selling,
publishing or broadcasting of photos or videos of sexual acts.