COMPREHENSIVE

DANGEROUS DRUGS
ACT
RA9165
 UNLAWFUL ACTS AND PENALTIES

A. IMPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND

ESSENTIAL CHEMICALS (SEC.4)

B. SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION AND

TRANSPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS  (SEC.5)

C. MAINTENANCE OF A DEN, DIVE OR RESORT ( SEC 6)

D. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND

ESSENTIAL CHEMICALS (SEC7)
E.  ILLEGAL CHEMICAL DIVERSION OF CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS
(SEC.9)

F. MANUFACTURE OR DELIVERY OF EQUIPMENT, INSTRUMENT, APPARATUS, AND

OTHER PARAPHERNALIA FOR DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS (SEC.10)

G.  POSSESSION OF DANGEROUS DRUGS (SEC.11)

H. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS (SEC.12)
I. POSSESSION OF DANGEROUS DRUGS DURING PARTIES, SOCIAL GATHERINGS OR
MEETINGS( SEC. 13)

J. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER PARAPHERNALIA

FOR DANGEROUS DRUGS DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS
(SEC.14)

K. USE OF DANGEROUS DRUGS ( SEC. 15)

L. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE

SOURCES THEREOF ( SEC.16)
M. MAINTENANCE AND KEEPING OF ORIGINAL RECORDS OF TRANSACTIONS ON
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
(SEC. 17)

N. UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS ( SEC. 18)

O. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS.( SEC. 19)

 ENTRAPMENT
Officers employ ruses or schemes
to ensure the apprehension of the
criminal while in the actual
commission of the crime.
Ways and means are resorted to
for the purpose of trapping and
capturing the lawbreakers in the
execution of their criminal plan
No bar to prosecution and
conviction
INSTIGATION
The accused is lured into the
commission of the offense charged
in order to prosecute him
The instigator practically induces
the would- be- defendant into the
commission of the offense ( co-
principal)
Defendant would have to be
acquitted
 BUY- BUST OPERATION
Form of entrapment used to apprehend drug peddlers .
-details of the purported transaction during the buy – bust operation must be clearly and
adequately shown
( Initial contact between the poseur- buyer and the pusher, offer to purchase, promise or
payment of the consideration until the consummation of the sale
By the delivery of the illegal drug )
DECOY SOLICITATION
The fact that the poseur – buyer solicited morphine from appellant is not
prohibited by law and does not render the buy- bust invalid, as under
prevailing jurisprudence , a police officer’s act of soliciting drugs from
the accused during a buy- bust operation is not prohibited by law.
CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED,
AND/OR SURRENDERED DANGEROUS DRUGS, PLANT SOURCES
OF DANGEROUS DRUGS, CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, INSTRUMENTS/PARAPHERNALIA
AND/OR LABORATORY EQUIPMENT

UTMOST IMPORTANCE IS THE PRESERVATION OF

THE INTEGRITY AND THE EVIDENTIARY VALUE OF
THE SEIZED ITEMS
(1) the apprehending team having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory 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, a
representative from the media and the department of justice (DOJ), and any elected public official who shall
be required to sign the copies of the inventory and be given a copy thereof;
(2) within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the PDEA 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 twenty-four (24) hours after the receipt of the subject
item/s: provided, that when the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic laboratory: provided, however, that a final certification
shall be issued on the completed forensic laboratory examination on the same within the next twenty-four
(24) hours;
(4) after the filing of the criminal case, the court shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction or burning of 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, a representative from the media and the DOJ, civil society groups and
any elected public official. The board shall draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be borne by the offender: provided, that
those item/s of lawful commerce, as determined by the board, shall be donated, used or recycled
for legitimate purposes: provided, further, that a representative sample, duly weighed and
recorded is retained;
(5) the board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall
be submitted to the court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the board;
• (6) the alleged offender or his/her representative or counsel shall be allowed to personally observe
all of the above proceedings and his/her presence shall not constitute an admission of guilt. In
case the said offender or accused refuses or fails to appoint a representative after due notice in
writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning
or destruction of the evidence in question, the secretary of justice shall appoint a member of the
public attorney's office to represent the former;
• (7) after the promulgation and judgment in the criminal case wherein the representative sample/s
was presented as evidence in court, the trial prosecutor shall inform the board of the final
termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24)
hours from receipt of the same; and
The amendatory law 10640 , mandates that the conduct of
physical inventory and photograph of the seized items must
be in the presence of :
1) The accused or the person/s from whom such items were
confiscated and or seized or his representative
2) Elected public official
3) Representative of the national prosecution service
or the media
Who SHALL SIGN THE COPIES OF THE INVENTORY AND
BE GIVEN A COPY THEROF
What is material to a prosecution for illegal sale of
dangerous drugs is the proof that the transaction or sale
actually took place, coupled with the presentation in court of
the corpus delicti as evidence

Like alibi, frame – up is a defense that has been invariably

viewed with disfavor. The legal presumption is that official
duty has been regularly performed. Bare denials cannot
prevail over the positive identification.
Non- compliance with section 21, will not render the drugs
inadmissible. What is of utmost importance is the
reservation of the integrity and evidentiary value of the
seized items as the same would be used in the
determination of the guilt or innocence of the accused.

The issue in the non- compliance of Sec. 21, is not

inadmissibility but of weight- evidentiary merit or probative
value.
MALLILIN VS. PEOPLE

The officer acquiring initial custody of drugs under a search warrant must photograph and
physically inventory the item at the place where the warrant has been served. The police
officer brought the seized items immediately to the police station for the alleged purpose
of “TRUE INVENTORY” thereof. He failed to deliver the seized items to the court which
departs form the directive in the search warrant that the items seized be immediately
delivered to the trial court with the true and verified inventory of the same. This is
mandatory to preclude substitution of or tampering with said items with interested parties.
Given the foregoing deviations, reliance on the presumption of regularity in the conduct of
police duty is misplaced. The presumption of regularity of duty is disputable by contrary
proof and which when challenged by the evidence cannot be regarded as binding truth.
The presumption cannot preponderate over the presumption of innocence that prevails if
not overthrown by proof beyond reasonable doubt. The lack of identification of illegal
drugs allegedly seized, coupled with the irregularity in the manner by which same were
placed under police custody before offered in court , militates against the finding of guilt.
Drug offenses are not included in the exceptions to the ISL if the penalty to be imposed
does not involve ( reclusion perpetua) life imprisonment, provided that the penalty as
ultimately resolved will exceed one year imprisonment .
 IMMUNITY FROM PROSECUTION AND
PUNISHMENT
REQUIREMENTS:
1. THE BENEFICIARY’S VIOLATION IS ANY OF THE FOLLOWING
• 7- EMPLOYEES AND VISITORS OF DEN
• 11- POSSESSION OF DRUGS
• 12 – POSSESSION OF APPARATUS
• 14 – POSSESSION OF APPARATUS DURING PARTIES
• 15- USE
• 19- UNLAWFUL PRESCRIPTION
2. He must voluntarily give information about violation of any of the FOLLOWING:

• 4- importation
• 5- sale, trading, administration, dispensation, delivery, distribution
• 6-maintenance of a den, resort
• 8- manufacture of dangerous drugs
• 10-manufacture or delivery of equipment
• 13- possession of drugs during parties
• 16- cultivation or culture of plants
3. Any violation of the offenses mentioned by a drug syndicate
4. Any information leading to the whereabouts, identities and arrest of members of syndicate
5. He must willingly testify on his information
 THE INFORMER SHALL BE EXEMPTED FROM PROSECUTION OR
PUNISHMENT FOR THE OFFENSE TO WHICH HIS INFORMATION
OR TESTIMONY WERE GIVEN:

A,THE INFORMATION ARE NECESSARY FOR THE CONVICTION OF THE PERSONS

DESRIBED
B. SUCH INFORMATION ARE NOT YET IN THE POSSESSION OF THE STATE
C. SUCH IT CAN BE CORROBORATED IN ITS MATERIAL POINT
D. THE INFORMANT- WITNESS HAS NOT BEEN PREVIOUSLY CONVICTED OF A NY
CRIME INVOLVING MORAL TORPITUDE, EXCEPT WHEN THERE IS NO OTHER DIRECT
EVIDENCE AVAILABLE FOR THE STATE
E. THE INFORMANT – WITNESS SHALL STRICTLY AND FAITHFULLY COMPLY
WITHOUT DELAY, ANY CONDITION OR UNDERTAKING , REDUCED INTO WRITING,
LAWFULLY IMPOSED BY THE STATE