Presented by:

Mr. JERRY YRIN DEGUIT JR

SCOPE OF PRESENTATION

 Background
 Legislative History
 Purpose and Significance of the Act
 Policy of the State
 Unlawful Acts and Penalties
 The Expanded Membership of DDB & Creation of PDEA
 Expanded Scope of Strategic Prevention and Control of Drug Abuse
 Obligatory Participation of Private & Public Institutions In Anti-drug Advocacy Programs
 Enhanced Program for Treatment and Rehabilitation of Drug Dependents
 Confiscation & Forfeiture of the Proceeds and/or Instruments of the Unlawful Acts including the Property and/or
Instruments derived from illegal Drugs Trafficking
 Remedial Modification in the Rules of Custody & Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Controlled Precursors, Essential Chemicals, Instrument/Paraphernalia/Laboratory Equipment

 Jurisdiction Over Dangerous Drugs Cases

 Open Forum /Interactions
 Background

 In 1972, the drug problem was just at its incipient stage, with only 20,000 drug users and marijuana as
the top choice among the users in the Philippines. This was the drug scenario when Republic Act 6425,
otherwise known as the “Dangerous Drugs Act of 1972” was approved. The Dangerous Drugs Board
(DDB) is mandated to be the policy-making and coordinating agency as well as the national clearing
house on all matters pertaining to law enforcement, prevention and control of dangerous drugs.
 Since the creation of RA 6425, the DDB has led the national advocacy against drug abuse by establishing a
responsive and dynamic partnership between the government and the society. From law enforcement to
preventive education and treatment and rehabilitation was being launched.
 In 1974, the Inter-Agency Committee on Drug Abuse Prevention Education was formed to strengthen
the relationship among the various agencies and the Dangerous Drugs Board.
 Background

 However, the new millennium has truly brought a lot of changes including in the field of drug prevention
and control. Conversely, the number of methamphetamine hydrochloride or shabu users was seen to have
increased.
 By result of collective assessments, the government needs to heighten drug abuse prevention and
information program. The DBB tends to streamline its functions and initiate new and more comprehensive
strategies to address the country’s problem on the said dangerous drug menace.
 To get by with the fast-changing and developing phase of the decade, the Board also desires numerous
revisions in their approach for the adoption of the power of technology to improve processes, share drug
data and information, and mainly to elicit people’s participation as an effective manner of the direct solution
down to the ground or local level. This motivation of the participation from the private and public
institutions in anti-drug advocacy programs would lead to a tangible result pertaining to its administration,
supervision, and implementations.
 There’s a need of an “expanding and widening the reach” strategy in its operation thru enhanced
collective efforts. This concept would allow better effective management of the over-all drug demand and
supply reduction efforts undertaken by the government with the active participation of the community
and other existing entities in the society, who are to be given roles and responsibilities in the prevention &
control of dangerous drugs.
 Legislative History
Title Five of RPC (Crimes Relative to Opium and Other Prohibited Drugs)
Articles 190, 191, 192 & 193  – repealed by RA 6425 (Dangerous Drugs Act of 1972)
  - amended by PD 1683 - further amended by RA 7659 (Death Penalty Law)
Theory of PD 1683 in amending the RA 6425:
• The campaign against the manufacture and distribution of dangerous drugs is one of the nation's primary
concerns in the fight against criminality and lawlessness.
• The use of regulated drugs as substitutes for prohibited drugs has become rampant.
• There is an imperative necessity to effectively check the use of both prohibited and regulated drugs by
increasing the penalties for illegal traffic in, and illegal importation of, all dangerous drugs, and illegal
manufacture of regulated drugs, and by making them capital offenses.

Theory of RA 7659 (Death Penalty Law)

• Drug-related crimes as a heinous crime, became a compelling reason for Congress to impose the
death penalty for said crimes. This is in the interest of justice, public order, and the rule of law, and
the need to rationalize and harmonize the penal sanctions for all heinous crimes.

• RA 9346 - an act prohibiting the imposition of the death penalty in the Philippines.
• RA 9165 (Comprehensive Dangerous Drugs Act of 2002) – repealed RA 6425 and amended RA 7659
 Republic Act 9165
The “Comprehensive Drugs Act of 2002”
 Purpose and Significance of the Act

- Aimed at strengthening drug prevention and control

- Provides for Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

- Establishes offences and penalty according to the different dangerous drug, regardless of the quantity and purity
involved.

- Amendment of provisions to help in the successful prosecution of drug perpetrators

- For the LGUs to appropriate a substantial portion of of their respective annual budgets to support local anti-drug
abuse councils and establish anti-drug abuse offices.

- The law further strengthens the government’s holistic approach in curbing the illegal drug menace as it
provides for the inclusion of the Department of Budget and Management (DBM), Department of
Transportation (DOTR), and the Executive Director of the DDB as members of the Board.
 Policy of the State

• To safeguard the integrity of its territory and the well-being of

its citizenry, particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and

• To defend the same against acts or omissions detrimental to

their development and preservation

Section 1 & 2
 Unlawful Acts and Penalties

Importation of Dangerous Drugs &/or Controlled Precursors & Essential

Chemicals
Offenders: Penalty:
1. Importer - Life to Death + P500k to P10M
2. Importer - Death + P10M
using Diplomatic Passport
3. Financier, Organizer, - Death + P10M
Manager of Importation
4. Protector/Coddler - 12yrs 1day to 20yrs + P100k to P500k

Section 4, Article II
 Unlawful Acts and Penalties

Sale, Trading, Administration, Dispension, Delivery, Distribution &

Transportation of Dangerous Drugs &/or Controlled Precursors & Essential
Chemicals
 Elements:
1. Identity of the buyer and the seller, the object, and the consideration
2. Delivery of the thing sold and the payment thereof
 Acts:
Sale, Trade, Distribute, Distribute, Deliver, Transport, Broker
 Penalty:
Life to Death + P500k to P10M
Section 5, Article II
 Unlawful Acts and Penalties

 Maximum Penalty imposed on the ff:

1. Committed within 100meter from a school

2. Use of minors or mentally incapacitated persons as runners,
couriers & messengers, or in any other capacity
3. If the victim is a minor or mentally capacitated
4. Dangerous drug is the proximate cause of death of the victim
5. Organizer, Manages the unlawful acts, financier

Protector/Coddler - 12yrs 1day to 20yrs + P199k to P500k

Section 5, Article II
 Unlawful Acts and Penalties

Maintenance of a Den, Dive, or Resort

 Den, Dive, or Resort – A place where any dangerous drigs and/or
controlled precursors and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form.

Maintenance – Life to Death + P500k to P10M fine

Caters to minor client - Death + P10M fine
Financier – Death + P10M fine
Protector/Coddler – 12yrs 1day to 20yrs +P100k to P500k fine
Client dies – Death + P15M fine

Den/dive/resort shall be confiscated in favor of the government

Section 6, Article II
 Unlawful Acts and Penalties

Employees & Visitors of a Den, Dive, or Resort

a) Any employee of a den, dive or resort, who is aware of the nature of

the place as such; and
b) Any person who, not being included of the provisions of the next
preceding paragraph, is aware of the nature of the place as such and
shall knowingly visit the same

Penalty:
Imprisonment: 12yrs 1day to 20yrs + Fine: P100k to P500k

Section 7, Article II
 Unlawful Acts and Penalties

Possession of Dangerous Drugs

 Any person who, unless authorized by law, shall “possess” any dangerous
drugs in the following quantities, regardless of the degree of quality.
 Elements:
1. Person is in possession which is identified to be a prohibited drug
2. Such possession is not authorized by law
3. Person freely & consciously possessed the said prohibited drug
 Penalty:
Life Imprisonment to Death and Fine P500k to P10M
Section 11, Article II
 Unlawful Acts and Penalties

Quantities of Possessed Dangerous Drugs

1) 10 grams or more of opium;
2) 10 grams or more of morphine;
3) 10 grams or more of heroin;
4) 10 grams or more of heroin;
5) 10 grams or more of cocaine or cocaine hydrochloride;
6) 50 grams or more of methamphetamine hydrochloride or “shabu”;
7) 10 grams or more of marijuana; and
8) 10 grams or more of other dangerous drugs such as, but not limited to MDA or “ecstasy”, PMA, TMA,
LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value
or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the DDB in
accordance to Sec 93, Art XI of this act.
Section 11, Article II
 Unlawful Acts and Penalties
If the quantity is less than the foregoing quantities, the penalties shall be graduated as follows:

1) Meth or “shabu” is 10grams or more but less 50grams

- Life Imprisonment and Fine P400k to P500k
2) 5grams or more but less than 10grams of shabu, opium, morphine, heroin, cocaine, marijuana, other
dangerous drugs such as, but not limited to MDA or “ecstasy”, PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or 300 grams or more but less than 500
grams of marijuana
– Imprisonment of 20yrs 1dau to life imprisonment and Fine P400k to P500k
3) Less than 5grams of shabu, opium, morphine, heroin, cocaine, marijuana, other dangerous drugs such
as, but not limited to MDA or “ecstasy”, PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed
is far beyond therapeutic requirements; or less than 300 grams of marijuana
– Imprisonment of 12yrs 1day to 20yrs and Fine P300k to P400k
Section 11, Article II
 Unlawful Acts and Penalties

Possession of Equipment, Instrument, Apparatus and Other Paraphernalia

for Dangerous Drugs
 Any person who, unless authorized by law, shall “possess” or “have under his/her
possession” any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing
any dangerous drug into the body.
 The possession of such shall be prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected, ingested or used a dangerous
drug and shall be presumed to have violated Section XV of this act.
 Penalty:
Imprisonment: 6mos 1day to 4yrs Fine: P10k to P50k
Section 14, Article II
Pictures of Equipment, Instrument, Apparatus
and Other Paraphernalia of Dangerous Drugs
 Unlawful Acts and Penalties
Use of Dangerous Drugs
 Any person apprehended or arrested, who is found to be positive for use of any
dangerous drug, after a confirmatory test
Penalty:
* For the first offense
a minimum of 6 months REHABILITATION in a government center

* For the secon offense

6yrs 1day to 12yrs + Fine P50k to P200k
 Provided, that this Section shall not be applicable where the person tested is also
found to have in his/her possession such quantity of any dangerous drug provided
for under Section XI of this act, in which case the provisions stated therein shall
apply Section 15, Article II
 Unlawful Acts and Penalties

Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources

Thereof
 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 --- Life Imprisonment to Death + Fine of P500k to P10M
 Any person who, organizes, manages or acts as a “financiers” of any of the illegal
activities prescribed in this Section --- Death + Fine of P10M
 Any person who, acts as a “protector/coddler” of any violator of the provisions under
this Section --- Imprisonment of 12yrs 1day to 20yrs and Fine of P100k to P500k

Section 16, Article II

 Other Unlawful Acts

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:

a) Importation
b) Sale, Trading, Administration, Dispensation, Delivery, Distribution, and
Transportation;
c) Maintenance of a Den, Dive or Resort where any dangerous drugs 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

Section 26, Article II

 Other Unlawful Acts

 Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
(Section 17)

 Unnecessary Prescription of DANGEROUS Drugs (Section 18)

 Unlawful Prescription of Dangerous Drugs (Section 19)

 Issuance of False or Fraudulent Drug Test Results (Section 37)

Article II
 Other Unlawful Acts

Public Officer or Employee

… is criminally liable for Misappropriation, Misapplication or Failure to
Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs
and its Sources, Plant, Controlled Precursors and Essential Chemicals,
Instrument/Paraphernalia and/or Laboratory Equipment including Proceeds
or Properties Obtained from the Unlawful Act Committed

Section 27, Article II

 Other Unlawful Acts

Any Elective Local or National Official found:

a) To have benefited from the proceeds of the trafficking of dangerous drugs, or

b) To have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking the same.

Penalty:
Shall be removed from office and perpetually disqualified from holding
any elective or appointive positions in the government, its divisions, subdivisions,
and intermediaries, including GOCCs.

Section 26, Article II

 Other Unlawful Acts

Criminal Liability for Planting of Evidence

 Any person who is found guilty of “planting” any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of DEATH.

 Planting of Evidence is 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, effect or in the immediate vicinity of an innocent.
Section 29, Article II
 The Expanded Membership of DDB
and the Creation of PDEA
 RA 9165 expanded the membership of the Dangerous
Drugs Board (DBB), with 17 national agency as members.

 The Board is the policy-making and strategy-formulating

body that plans and formulates programs on drug
prevention and control. It shall develop and adopt a
comprehensive, integrated, unified, and balanced
national drug abuse prevention and control strategy.

 Under the law, the PDEA was being created as the

implementing arm of the Board, and shall be responsible
for the efficient and effective law enforcement
pertaining to dangerous drugs. PDEA is automatically
part of the DBB’s 17-member.
 Section 86. Maintenance of close coordination with the PDEA on all drug-related matters by the NBI, PNP,
and Bureau of Customs – is not an indispensable requirement before police authorities may conduct buy-
bust operations. Article IX
Expanded Scope of Strategic Prevention
and Control of Drug Abuse
 Promotion of a National Drug-Free Workplace Program with
the Participation of Private and Labor Sectors and the
Department of Labor and Employment (DOLE)

 Promotion of a National Drug-Free Workplace Program with the Participation of Private and Labor
Sectors and the Department of Labor and Employment (DOLE)

• Drug-Free Workplace Program now becomes a policy of the state to promote drug-free workplaces
using a tripartite approach. With the assistance of the Board, the DOLE shall develop, promote, and
implement a national drug abuse prevention program in the workplace, and shall be adopted by private
companies.
• Included in the program are the mandatory drafting and adoption of company policies against drug
use in the workplace in close coordination and consultation with the DOLE, labor and employer
organizations, human resource development managers and other such private sectors.
 Obligatory Participation of Private & Public
Institutions In Anti-drug Advocacy Programs
 Participation of Family, Students, Teachers and School Authorities in the Enforcement of the Act.
• Role of the Family - Education, Awareness and Close Monitoring
• Students Council and Campus Organizations - Inclusion in their activities of the prevention and deterrence program,
and referral for treatment and rehab of drug dependent students. Integration to the school curricula of the instruction of
drug abuse prevention and control including awareness program.
• All heads, Supervisors, Teachers are empowered to apprehend, arrest or cause the apprehension and arrest of the
violators.
• Any teachers and school employee are also duty-bound to report the unlawful act upon its discovery to the school
head or immediate superior.
 Establishment of Special Drug Education Centers … in every provincial office for out-of-school youth and street
children, and shall be adopted in all public and private orphanage and existing special centers for street children.
 Participation of Private and Labor Sectors
• Inclusion of joint continuing programs and information campaigns for the labourers to the collective bargaining or
similar agreements of Labor Organizations with their respective Private Sector partners with the end view of achieving
drug-free workplace.
• Appropriate government and law enforcement role’s in this is providing technical assistance thru seminars and info
disseminations campaigns.
 Participation of LGUs - Appropriation of Substantial Portion of their annual budgets in support to the said programs.
Enhanced Program for Treatment and
Rehabilitation of Drug Dependents
 Enhanced Program for Treatment and Rehabilitation
of Drug Dependents
 Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation
Steps:
• Application to the Board or its recognized representative for treatment and rehab of the drug dependency. (Applicant
must secure referral form and other requirements for Drug Dependency Examination (DDE) at the Legal Affairs Division,
DBB.
• The court, upon referral from the Board, shall order for the DDE. The examination must be conducted by DOH-
accredited physician.
• By a certification of drug dependency, the Court shall order the drug dependent to undergo treatment and rehab in a
Center for a period not less than 6mos.
• For voluntary confinement, submit the result of the DDE together with the other requirements to the Legal Division of
the Dangerous Drugs Board.
• The DDB Legal will process the petition for confinement (pre-signed by DDB Authorized Representative) prior to the
release of petition filed by applicant with the RTC. The release of Petition is made either to the applicant and/or authorized
representative. Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year. Extension of
confinement under the sound discretion of the Head of Treatment and Rehab Center.
• In case of compulsory confinement, the parent(s)/spouse/relative(s) shall execute and submit a statement/affidavit
providing information as to the drug taking habit of alleged drug dependent.
 REQUIREMENTS ON THE APPLICATION FOR THE TREATMENT
AND REHABILITATION OF DRUG DEPENDENTS:

1) Drug Dependency Examination (DDE)

• Drug dependents may directly set an appointment with a DOH-Accredited Physician for DDE. He/she
may also secure a referral form for DDE from the Legal Division of the Dangerous Drugs Board.
• If a drug dependent resides outside Metro Manila, he/she may coordinate with the nearest
Treatment and Rehabilitation Center or Anti-Drug Abuse Council in his/her place of residence.

2) Philippine National Police (PNP) Clearance

3) Certificate of No Pending Case from the Regional Trial Court (RTC) and/or Municipal Trial Court (MTC)
• If a minor drug dependent has a pending case, secure a Certification of suspension of proceedings
from the RTC or MTC where the case was filed.
• If an adult drug dependent, secure a Certification of Dismissed Case from RTC or MTC where the
case was filed or Certificate that the proceeding is suspended.
 Exemption from the Criminal Liability Under the Voluntary Submission Program

• A drug dependent who is finally discharged from confinement, shall be exempt from the criminal liability under
Section 15 of this act subject to the following conditions:
a) Compliance with the rules and regulations of the center, the applicable rules and regulations of the Board, including
the after-care and follow-up program for at least eighteen (18) months following temporary discharge from
confinement in the Center.
b) Never been charged or convicted of any drug-related offense
c) No record of escape from a Center. should he/she escapes, he/she surrendered within one (1) week from the date of
the said escape
d) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from
criminal liability

• If he/she does not qualify the above conditions,

… shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion
of the court (Section 57) The said community service is part of his/her after-care and follow-up program, which may be
done in coordination with NGOs accredited by the DSWD, with the recommendation of the Board.
 Temporary Release From the Center; After-Care and Follow-Up Treatment
Under the Voluntary Submission Program
By means of discretion and certification by the Center, the drug dependent may be temporarily released, the Court shall order
his/her release on the ff conditions:
a) shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen
(18) months
b) If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged
by the Court, subject to Section 55
c) If DOH finds that during the initial after-care and follow-up program, the drug dependent requires further treatment and
rehabilitation, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up program.

 A drug dependent who is not rehabilitated after the said second commitment, shall be charged for violation of Section 15
and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in
the Center in the service of his/her sentence. (Section 58)
 A drug dependent escapes from the Center, he/she may submit or surrender for recommitment within one (1) week
therefrom. If fails to submit himself/herself or be surrendered after 1week, the Board shall apply to the court for a
recommitment order upon proof of previous commitment or his/her voluntary submission by the Board, the court may issue an
recommitment order within one (1) week. (Section 59)
 If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged for violation
of Section 15 and he subjected for Compulsory Confinement (Section 61)
Confiscation & Forfeiture of the Proceeds and/or Instruments of the
Unlawful Acts including the Property and/or Instruments derived from
illegal Drugs Trafficking

Section 20, Article II

 Confiscation & Forfeiture of the Proceeds and/or …

 The Confiscation & Forfeiture of all proceeds and properties derived from the said unlawful act
including money and other assets obtained thereby, and the instruments or tools with which the
particular unlawful act is committed is done in favor of the government. Exceptions: The
property belongs to the third person not liable for the unlawful act.
 Those which are not of lawful commerce shall be ordered destroyed without delay.
 The court shall immediately schedule a hearing for such confiscation and forfeiture after
conviction in the RTC. If forfeited property is a vehicle, the same shall auctioned off NLT 5days
upon of Confis and Forfeit Order. During the pendency of the said case in RTC, no property, or
income which maybe confiscated or forfeited, shall be dispensed, alienated or transferred and
the same shall be in custodia legis and no bond shall be admitted for the release of the same.
 The proceeds of any sale or disposition of any confiscated and forfeited property shall be used
to pay all the proper expenses incurred in all related proceedings as well as publication and
court costs. The excess thereof shall accrue to the DBB to be used in its campaign against
illegal drugs.
Section 20, Article II
Remedial Modification on the Rules of Custody & Disposition of
Confiscated, Seized, and/or Surrendered Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instrument/Paraphernalia and/or
Laboratory Equipment

REPUBLIC ACT NO. 10640

- AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE
GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165,
OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002“
Rules on the 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

 The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the
following manner:

1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall
immediately after seizure and confiscation, conduct (a) physical inventory of the seized items
and, (b) 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 elected public
official and a 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.

RA 10640
• If the law enforcement operation is by virtue of serving SEARCH WARRANT,
- physical inventory and photograph shall be conducted at the place where the search warrant is
served.
• In case of WARRANTLESS SEIZURES,
- physical inventory and photograph shall be conducted at the nearest police station or at the
nearest office of the apprehending officer/team, whichever is practicable.
• Provided, finally, That non-compliance of these requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are properly preserved by the apprehending
officer/team, shall not render void and invalid such seizures and custody over said items.

2) A certification of the forensic laboratory examination results, which shall be done by the forensic
laboratory examiner, shall be issued immediately upon the receipt of the subject item/s.
• If the volume of the said dangerous drugs (and the like) 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 immediately upon completion of the said
examination and certification.
RA 10640
 Jurisdiction Over Dangerous Drugs Cases
Responsibility and Liability of Law Enforcement Agencies and other Government
Officials and Employees on Testifying as Prosecution Witness in Dangerous Drug Cases
 … who, after due notice, fails or refuses intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving violations of this Act,
without any valid reason.
Penalty: Imprisonment of 12yrs 1day to 20yrs + P500k Fine, in addition to the
administrative liability he/she may be meted out by his/her immediate superior and/or
appropriate body.
 The immediate supervisor, … who if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the
court.
Penalty: Imprisonment of 2mos 1day to 6yrs + Fine of P10k to P50K, and in
addition, perpetual absolute disqualification from public office.
Section 91, Article XI
 Jurisdiction Over Dangerous Drugs Cases
Responsibility and Liability of Law Enforcement Agencies…

 The member of the Law Enforcement Agency shall not be transferred or re-
assigned to any other government office located in another territorial
jurisdiction during the pendency of the case in court. However, he/she maybe
transferred or re-assigned only for compelling reasons: Provided, That immediate
superior shall notify the court where the case is pending of the order to transfer or
re-assigned, within 24 hours from its approval;

 Should the immediate superior fail to notify the court of such order to transfer
or re-assign, thus his/her penalty is …
Imprisonment of 2mos 1day to 6yrs and Fine of P10k to P50k

Section 91, Article XI

 Jurisdiction Over Dangerous Drugs Cases
Delay & Bungling in Prosecution of Dangerous Drug Cases

 Any government officer or employee tasked with the prosecution of drug-

related cases under this act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases.

Penalty:
Imprisonment of12yrs 1day to 20yrs, without prejudice to his/her
prosecution under the pertinent provisions of the Revised Penal Code.

Section 92, Article XI

 Jurisdiction Over Dangerous Drugs Cases
Prohibition against PLEA BARGAINING UNCONSTITUTIONAL

Section 23. Plea Bargaining Provision.

- was declared unconstitutional in Estipona vs. Lobrigo, G.R. No. 226679,

August 15, 2017.

 A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in

Drug Cases) sets forth the acceptable plea bargain in drug cases.
Thank You
CLASSMATES !!!
Open Forum /Interactions