REPUBLIC ACT NO.

9165 the Comprehensive Dangerous Drugs Act of 2002

became effective on June 7, 2002
I.

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.
To achieve a balance in the national drug control program so that people with
legitimate medical needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs.
II.

Unlawful Acts and Penalties

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals ( sec. 4)
a. Importer of dangerous drug life imprisonment to death and fine of
P500,000.00 to P10,000,000.00
b. Importer of controlled precursor and essential chemical - imprisonment from 12
years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00
c. Protector or coddler of any violator - 12 years and 1 day to 20 years of
imprisonment and a fine from P100,000.00 to P500,000.00
d. Maximum penalty of death (reclusion perpetua) plus P10 M fine to
d.1: Importer using diplomatic passport, diplomatic facilities or any other means
involving his/her official status. In addition, the diplomatic passport shall be
confiscated and cancelled.
d.2 : organizer, manager or financier of importation
2. Sale,
Trading,
Administration,
Dispensation,
Delivery,
Distribution
and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals ( sec. 5)
a. Sell, trade, administer, dispense, deliver, give away to another, distribute
dispatch in transit or transport any dangerous drug - life imprisonment to death
and a fine from P500,000.00 to P10,000,000.00
b. Sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical,
or act as broker - imprisonment from 12 years and 1 day to 20 years and a fine
from P100,000.00 to P500,000.00
c. Protector or coddler - 12 years and 1 day to 20 years of imprisonment and a fine
from P100,000.00 to P500,000.00
d. Maximum penalty
d.1 : within one hundred (100) meters from the school
d.2 : drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers
d.3 : victim of the offense is a minor or a mentally incapacitated individual or
dangerous drug and/or a controlled precursor and essential chemical be the
proximate cause of death of a victim.
d.4 : organizer, manager or financier

10 pushing activities prohibited under Section 5

1. Selling
2. Trade
3. Administering
4. Dispensing
6. Giving away to another or donation 7. Distribution
8.
transit
9. Transportation
10. brokerage

5. Delivery
Dispatching in

Elements in the violation of Section 4 or 5:

1. The offender imports, transport, delivers, sells, trades, administers, dispenses, gives
away to another, distributes, dispatches in transit or acts as broker
2. That this activity is not authorized by law
3. Offender knows that he is dealing with dangerous drugs
A. Illegal importation
2 ingredients:
a. That the ship came from a foreign place
b. Ship enters the Philippine water with intent to unload the dangerous drug
therein
Note: Importer of dangerous drug can be prosecuted either for illegal importation under
section 4 or for illegal transportation under section 5. The difference: IMPORT implies the
bringing into the country from a foreign port and not the shipment of merchandise from
one port to another in the same country. In illegal TRANSPORTATION there is no need for
the prosecution to establish that ship carrying dangerous drug came from a foreign
country. ( people vs. clemente)
B. Transportation
2 ingredients:
a. The accused carried or moved dangerous drug from one place to another
b. The accused intended to transport it
PROBLEM: A was apprehended by police officers for possession of ecstasy. A escaped
with the ecstasy and in doing so used a vehicle. However, police officers after a lengthy
chase re-apprehended him. The crime committed by A is?
Illegal possession of dangerous drug. A cannot be held liable for transportation of
dangerous drug since his intention in using the vehicle is not to transport drug but
to escape.
C. Delivery
- Delivery although incidental to sale, is a punishable act by itself. While sale
may involve money or consideration, delivery may be with or without
consideration. If the accused is charged with illegal sale and delivery of
dangerous drug under section 5, and the prosecution failed to establish the
sale of dangerous drug, still he could be convicted for delivering prohibited
drug. Consummation of the crime of delivery may be sufficiently established
even in the absence of marked money.
D. Sale
2 ingredients:
a. There must be arrangement to sell dangerous drug for money or other
consideration
b. Offender delivers the dangerous drug
-

Committed once a sale transaction was consummated. The presence of

actual monetary considerations is not indispensable for the existence of the
offense.
If a buyer received the dangerous drug from a pusher for a consideration, the
latter is liable for selling drug under section 5 while the former is liable for

illegal possession of dangerous drug under section 11, unless he acted as

poseur buyer in entrapment.
PROBLEM: if the sale was cancelled prior to delivery of dangerous drug, the pusher shall
be liable for attempt to sell dangerous drug (section 26); while the buyer is free from
criminal liability based on the following reasons:
1. He cannot be liable for attempted to possess dangerous drug (sec. 26)
2. He cannot be held liable under sec. 5 for the crime punishable in said
section is selling not buying. (nullum crimen nulla poena sine lege)
E. Other punishable acts trading, administering, dispensing, giving away to
another, distributing, dispatching in transit or acting as broker.
Dispatching in transit means dispatching in transit any dangerous drug and not
dispatching somebody to buy or get drugs from another. Dispatch means
sending off dangerous drug to a particular destination.
PROBLEM: following the instructions of A, B delivered one stick of marijuana to C.
What are the crimes committed by A, B and C?
A is liable for dispatching the dangerous drug in transit. B is liable for illegal
delivery of dangerous drugs. C is liable for illegal possession of dangerous drugs.
Giving away is defined as to make a present of, to donate or to make a sacrifice.
Delivery is a mode of transferring possession. On the other hand, giving away is a
mode of transferring ownership. In delivery, the passing of dangerous drug to
another to another may be with or without consideration. In giving away, the
disposition of dangerous drug is made without consideration.
3. Maintenance of a Den, Dive or Resort (sec. 6)
a. Persons who shall maintain a den, dive or resort where any dangerous drug is
used or sold - life imprisonment to death and a fine from P500,000.00 to
P10,000,000.00
b. person or group of persons who shall maintain a den, dive, or resort where
controlled precursor and essential chemical is used or sold imprisonment from
12 years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00
c. protector or coddler - 12 years and 1 day to 20 years of imprisonment and a fine
of P100,000.00 to P500,000.00
d. maintainer, owner or operator - penalty of death and a fine from P1,000,000.00
to P500,000.00
e. If owned by a third person - confiscated and escheated in favor of the
government; owner shall be included as an accused in the criminal complaint.
f. Maximum penalty
f.1 : administered, delivered or sold to a minor who is allowed to use the same in
such a place.
f.2 : organizer, manager or financier

4. Employees and Visitors of a Den, Dive or Resort (sec. 7) - imprisonment of 12 years

and 1 day to 20 years and a fine of P100,000.00 to P500,000.00 imposed upon:
a. 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 in the provisions, is aware of the nature of
the place as such and shall knowingly visit the same
Habituality is an element of the crime of maintenance of den, dive, and resort. A drug den
is a place where drugs are habitually used by people who frequented it.

The offenders under section 6 and 7:

1.
2.
3.
4.

Maintainer or operator
Owner when he intentionally uses his property as such
Employees who are aware of the nature of the place as such
Visitor who is aware of the nature of the place and shall knowingly visit the same

2007 BAR EXAMINATION Tiburcio asked Anastacio to join their group for a session.
Thinking that it was for a mah-jong session, Anastacio agreed. Upon reaching Tiburcios
house, Anastacio discovered that it was actually a shabu session. At that precise time, the
place was raided by the police and Anastacio was among those arrested. What crime can
Anastacio be charged with if any?
Section 7 of RA 9165 punishes employees and visitors od den, dive or resort where
dangerous drugs are used in any form. But for a visitor to commit a crime, it is a
requisite that he is aware of the nature of the place as such and shall knowingly
visit the same. These requisites are absent in the facts given.
5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals (sec. 8)
a. manufacturer of any dangerous drug - life imprisonment to death and a fine of
P500,000.00 to P10,000,000.00
b. manufacturer of any controlled precursor and essential chemical - imprisonment
ranging from 12 years and one 1 day to 20 years and a fine from P100,000.00 to
P500,000.00
c. aggravating circumstance:
- manufacturing conducted in the presence or with the help of minor/s:
- undertaken within 100 meters of a residential, business, church or school
premises;
Any clandestine laboratory was secured or protected with booby traps;
- Any clandestine laboratory was concealed with legitimate business
operations; or
Any employment of a practitioner, chemical engineer, public official or
foreigner.
d. Protector or coddler - 12 years and 1 day to 20 years of imprisonment and a fine
from P100,000.00 to P500,000.00
e. maximum penalty - organizer, manager or financier
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - 12
years and 1 day to 20 years and a fine from P100,000.00 to P500,000.00
Chemical Diversion is the sale, distribution, supply or transport of Legitimately
imported, in intransit, manufactured or procured controlled precursors and essential
chemicals in diluted mixtures or in concentrated form.
2 elements of Chemical Diversion
1. Controlled precursors and essential chemicals were legitimately imported
2. Controlled precursors and essential chemicals were sold, distributed, supplied or
transported to person or entity engaged in the manufacture of any dangerous
drug
7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia (sec. 10)
a. any person who shall deliver, possess with intent to deliver, or manufacture with
intent to deliver equipment, instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where one reasonably should
know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled precursor

and essential chemical - 12 years and 1 day to 20 years and a fine from
P100,000.00 to P500,000.00
b. used to inject, ingest, inhale or otherwise introduce into the human body - 6
months and 1 day to 4 years and a fine from P10,000.00 to P50,000.00
c. maximum penalty - uses a minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus and other paraphernalia
Elements are:
1. offender delivers, possess with the intent to deliver, or manufacture with intent to
deliver equipment or instrument
2. offender knows or under circumstances reasonably should know that:
a. it will be used to plant, propagate, cultivate, grow, harvest, manufacture
dangerous drug
b. it will be used to inject, ingest, inhale or introduce into human body
The essence of violation of section 10 is the delivery of instrument for dangerous drug
8. Possession of Dangerous Drugs (sec 11).
a. life imprisonment to death and a fine from P500,000.00 to P10,000,000.00
imposed upon any person, who, possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof:
10 grams or more of opium;
10 grams or more of morphine;
10 grams or more of heroin;
10 grams or more of cocaine or cocaine hydrochloride;
50 grams or more of methamphetamine hydrochloride or "shabu";
10 grams or more of marijuana resin or marijuana resin oil;
500 grams or more of marijuana; and
10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine
(MDA)
or
"ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those
newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirement
b. Otherwise, if the quantity involved is less
Life imprisonment and a fine from P400,000.00 to P500,000.00 methamphetamine hydrochloride or "shabu" is ten (10) grams or more but
less than fifty (50) grams;
20 years and 1 day to life imprisonment and a fine from P400,000.00 to
P500,000.00 5 grams or more but less than 10 grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
12 years and 1 day to 20 years and a fine from P300,000.00 to P400,000.00 5 grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs; or less than three hundred (300) grams of
marijuana.
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs (sec. 12)- 6 months and 1 day to 4 years and a fine from
P10,000.00 to P50,000.00
in the case of medical practitioners and various professionals required to
carry such equipment, instrument, the Board shall prescribe the necessary
implementing guidelines thereof.\
possession of such equipment, instrument shall be prima facie evidence that
the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug

10.Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings (sec.

13) - maximum penalties provided for in Section 11
11.Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings (sec. 14) - The
maximum penalty provided for in Section 12
The elements for illegal possession of dangerous drugs:
1. The offender is in possession of an item or object which is identified to be a
dangerous drug
2. Such possession is not authorized by law
3. Accused freely and consciously possessed the dangerous drug
2002 BAR EXAMINATION A and his fiance B were walking in the plaza when they met a
group of policemen who had earlier been tipped off that A was in possession of prohibited
drugs. Upon seeing the policemen and sensing that they were after him, A handed a
sachet containing shabu to his fiance B, telling her to hide it in her handbag. The
policemen saw B placing the sachet inside her handbag. If B was unaware that A was a
drug user or pusher or that what was inside the sachet given to her was shabu, is she
nonetheless liable under the dangerous drugs act?
No. B will not be criminally liable because she is unaware that A was a drug
use or pusher or the content of the sachet handed to her, therefore the
criminal intent to possess is absent. There would be no basis to impute
criminal liability in the absence of animus possidendi.
In U.S. vs. Poh Chi, the opium and the pipe were found together under the floor in the
same place, at the same time and by the same person. As the defendant was convicted of
illegal possession of opium, he could not be charged with illegal possession of pipe which
is used in smoking opium.
12.Use of Dangerous Drugs ( sec. 15) - minimum of six (6) months rehabilitation in a
government center for the first offense. If apprehended for the second time - 6
years and 1 day to 12 years and a fine from P50,000.00 to P200,000.00:
Provided, if the person tested is also found to have in his/her possession such
quantity of any dangerous drug , Section 11 shall apply.
The elements of use of dangerous drugs:
1. The offender was arrested and apprehended
2. Offender is found positive for the use of any dangerous drug after a confirmatory
test
3. Offender must be in possession of dangerous drug
Mandatory drug testing to the following:
1. Applicants for drivers license
2. Applicants for firearms license and for permit to carry firearms outside of residence
3. Officers and members of military, police, and other law enforcement agencies
Random drug testing to the following persons:
1. Students of secondary and tertiary schools
2. Officers and employees of public and private offices
2 testing methods

1st: Screening test which will determine the positive result as well as the type of the drug
used
2nd: confirmatory test which will confirm a positive screening test
2005 BAR EXAMINATION - Obie Juan is suspected to have in his possession an unspecified
amount of methampethmine hydrochloride or shabu. Entrapment operation was
conducted by police, resulting in his arrest following the discovery of 100 grams of the said
drug in his possession. He was subjected to drug test and was found positive for the use of
marijuana and other dangerous drugs. He was subsequently charged with 2 crimes :
violation of sec. 11 for possession of shabu and violation of sec. 15 for the use of
marijuana. Are the charges porper?
The charge of possession of shabu is proper as the mere possession of the
drug is punishable but the charge of use of marijuana is not proper as sec 15
expressly excludes penalties for the use of dangerous drugs when the person
tested is also found to have in possession such quantity of any dangerous
drugs as provided for in sec 11.
PROBLEM: A was caught in the act of smoking marijuana. Since A did not consume entirely
the drug, the apprehending officer was able to seize from him partially burned marijuana.
On another occasion, B was also caught in the act of smoking marijuana. However no
marijuana was confiscated for he was able to consume completely the drug. A and B were
found to be positive for the use of dangerous drug, after confirmatory test. What are the
criminal liabilities of A and B?
A is liable for illegal possession of dangerous drug. Sec 15 not applicable
since A was found to have in his possession unconsumed marijuana. B is
liable for illegal use of dangerous drug. B cannot be held liable for possession
of dangerous drug since he consumed the entire marihuana before he was
arrested.
13.Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof (sec.16)- life imprisonment to death and a fine from Five P500,000.00 to
P10,000,000.00
In the case of medical laboratories and medical research centers which
cultivate or culture marijuana, the Board shall prescribe the necessary
implementing guidelines
land or portions or greenhouses on which plants is cultivated or cultured shall
be confiscated and escheated in favor of the State, unless the owner can
prove lack of knowledge despite the exercise of due diligence. If the land
involved is part of the public domain, the maximum penalty shall be imposed
upon the offender.
maximum penalty - organizer, manager or financier
12 years and 1 day to 20 years of imprisonment and a fine from P100,000.00
to P500,000.00 - protector/coddler
Buy Bust Operation is a form of entrapment whereby ways and means are resorted for
the purpose of trapping and capturing lawbreakers in the execution of their criminal plan;
it is a procedure or operation sanctioned by law which has consistently proved itself to be
an effective method of apprehending drug peddlers.
How to identify pushing activities
1. Receiving tips
2. Surveillance of pushing activities
- A prior surveillance is not necessary when

a. Police are accompanied by their informant during entrapment

b. Police had reasonable ground to believe that the informer and the
information given were reliable and that a crime is indeed perpetrated
EXCEPT: when informer is unreliable and not enough to conclude that
accused engaged in pushing activities, prior surveillance would be
necessary.
In people vs. Baclayon the law enforcers did not know the accused and had not
conducted any surveillance. Other than her age, no other particular description of the
accused was given by the informer. Even if accused be indeed a drug pusher, it is not
enough justification for any shortcut in law enforcement, still she is entitled to full and
vigilant protection of the Bill of Rights.
3. Test buy operation to confirm the illegal activities of the pusher
Perfection of the contract of sale sale is perfected at the moment there is meeting of the
minds upon the thing which is the object of the contract and upon the price.
PROBLEM:
If the pusher offered to sell dangerous drug, but the poseur buyer
immediately arrested him before the perfection of the contract of sale, the crime
committed is attempt to sell dangerous drugs punishable under sec. 26 in relation to sec.
5. If the poseur buyer offered to buy drugs, but the pusher refused to sell, the latter could
not be held liable for selling or attempt to sell dangerous drug. He should be charged with
possession of dangerous drug.
Kaliwaan System is the simultaneous exchange of the marked money and the prohibited
drug between the poseur buyer and the pusher. Theirs is no rule of law which requires
that the buy bust operation be made in a Kaliwaan system, however it may weaken the
credibility of the prosecution witness together with other circumstances.
In People vs Buenaventura the discovery of marked money on the appellant does not
mean that he was caught in flagrante delicto of selling marijuana for there is no such
crime as illegal possession of marked money. Unless the prosecution is able to prove a
connection between possessor of marked money and sale of prohibited drug, presumption
of innocence should be upheld.
DEFENSES
1. Instigation the instigator practically induces the would be accused into the
commission of the offense and he himself becomes a co- principal; crime could not
have been committed were it not for the instigation by the peace officer; the idea of
the crime was conceived by the law enforcer who suggest it to the accused and
adopts the idea and carries it into execution; the act of instigation is contrary to
public policy and illegal; instigation is a defense used by the accused and is
considered an absolutory cause.
Example: convincing the accused several times to look for a den where they could
smoke; persistent pleas
2. Frame up, Extortion and Maltreatment considered as weak defense because of
the following
a. Like alibi, it is easily fabricated but difficult to prove
b. Presumption that officers performed their duty in a regular manner
c. Disfavoured for it is commonly used
3. Illegality of the search
A single search warrant for multiple violations RA 9165 is a special law, according one
search warrant may be validly issued for the violations of the Act. It is not necessary to

obtain three separate warrants for possession of shabu, possession of marijuana and
possession of paraphernalia.
Fruits of the poisonous tree- as consequence of the illegal search, the things seized are
inadmissible in evidence under the exclusionary rule.; regarded as obtained from
polluted source, the poisonous tree.
Exceptions (lawful warrantless search):
a.
b.
c.
d.
e.
f.
g.

Warrantless search incidental to a lawful arrest sec 12 rule 126 ROC

Seizure of evidence in plain view
Search of moving vehicle
Consented warrantless search
Custom search
Stop and frisk
Exigent and emergency circumstances

14.Maintenance and Keeping of Original Records of Transactions (sec. 17) - 1 year and
1 day to 6 years and a fine from P10,000.00 to P50,000.00 in accordance with sec.
40 plus revocation of the license to practice his/her profession, in case of a
practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
15.Unnecessary Prescription of Dangerous Drugs (sec. 18) 12 years and 1 day to 20
years and a fine from P100,000.00 to P500,000.00 and the additional penalty of the
revocation of license to practice imposed upon the practitioner, who shall prescribe
dangerous drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein
16.Unlawful Prescription of Dangerous Drugs (sec. 19) life imprisonment to death and
a fine from P500,000.00 to P10,000,000.00
Practitioner is any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines. Non
practitioners are not authorized to issue prescription. Non practitioner who issue a
prescription of dangerous drug is liable under sec. 19

Who shall have the Custody and Disposition of Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals:
Sec. 21 The PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs
Transitory Provision:
a.) Within twenty-four (24) hours the dangerous in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in
the presence of representatives of the Court, DOJ, Department of Health
(DOH) and the accused/and or his/her counsel, and,
b.) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs shall be
implemented by the DOH.
CORPUS DELICTI

The dangerous drug is the very corpus delicti of the crime of violation of RA 9165.
What is material to the prosecution is the proof that the transaction actually took place,
coupled with the presentation in the court of corpus delicti.
Requisites:
1. Examination of subject drug must yield positive for dangerous drug
2. Dangerous drug must be offered in evidence
3. The drug confiscated is the same drug presented in court
Chain of custody the movement of dangerous drugs from the time of seizure to receipt in
the forensic laboratory to presentation in court. The purpose is to ensure the integrity of
corpus delicti.

Is an offender allowed to plea bargain?

Sec 23. Any person charged regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
2004 BAR EXAMINATION
MNO, who is 30 years old, was charged as a drug pusher under Dangerous Drugs Act of
2002. During pre-trial, he offered to plead guilty to the lesser offense. Should the judge
allow MNOs plea?
No, the Judge should not allow, because plea- bargaining in prosecutions of
drug related cases is no longer allowed by RA 9165 regardless of the
imposable penalty.
Can the probation law be invoked?
Sec 24. person convicted for drug trafficking or pushing regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the
Probation Law

Can influence or use of dangerous drug in an offense aggravate the situation?

Sec 25. Use of dangerous drugs shall be a qualifying aggravating
circumstance in the in the commission of a crime by an offender
2005 BAR EXAMINATION
Candido stabbed an innocent bystander who accidentally bumped him. The innocent
bystander died as a result of the stabbing. Candido was arrested and tested to be positive
for the use of shabu at the time he committed the stabbing. What should be the proper
charge against Candido?
Homicide because the incident which gives rise to stabbing occurred
accidentally. There is no conscious and deliberate adoption of the means,
method and manner of attack. However, the penalty of Homicide shall be
imposed in the maximum period because he was under the influence of a
dangerous drug.
Section 26. Attempt or Conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed in this act:

1. Importation of any dangerous drug and or controlled precursor and essential

chemical;
2. Sale, trading, administration, dispensation, delivery, distribution and transportation
of dangerous drug and or controlled precursor and essential chemical;
3. Maintenance of den, dive or resort where any dangerous drug is used in any form;
4. Manufacture of any dangerous drug and or controlled precursor and essential
chemical; and
5. Cultivation or culture of plants, which are sources of dangerous drugs.
The crime is attempted when offender commences the commission of the felony directly
by overt acts and does not perform all acts of execution, which should produce the felony
by reason of some cause or accident other than his own spontaneous desistance.
PROBLEM: A gave P 100 to B for the 3 stcks of marijuana. B was about to deliver the drug
to A when an undercover agent arrested both of them. Can A be charged with attempted
possession of dangerous drug?
No. section 26 punishes crimes involving dangerous drugs in the attempted
stage. However, attempted possession of dangerous drug is not mentioned
as punishable act. Hence, attempt to possess dangerous drug is not a crime.
If the public officer himself misappropriated the drugs what is his liability? How about for
government officials?
Sec 27. life imprisonment to death and a fine from P500,000.00 to
P10,000,000.00, in addition to absolute perpetual disqualification from any
public office
elective local or national official who benefited from the shall be removed
from office and perpetually disqualified from holding any elective or
appointive positions in the government
Sec 28. The Criminal Liability of Government Officials and Employees is
maximum penalties of unlawful acts provided for in this Act plus absolute
perpetual disqualification from any public office
What is the penalty for planting evidence?
Sec 29. A person who is guilty of "planting" any dangerous drug and/or
controlled precursor and essential chemical shall suffer the penalty of
death( reclusion perpetua)
PROBLEM: If a buy bust money was planted to strengthen the case against the pusher
what is the crime committed?
Not planting of evidence under sec. 29 for it involves planting of dangerous
drug or controlled precursor and essential chemical. But the one who planted
buy bust money shall be liable for obstruction of justice under PD 1829.
When can a person be considered a witness and be immune from prosecution?
Sec 33. any person who has violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act, who voluntarily gives information shall be exempted from
prosecution or punishment Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons
described;
(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the State other than
the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State
(6) Provided, such informant or witness does not appear to be most guilty for the offense
(7) Provided, finally, there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.

III.

Dangerous Drugs Test

Who are authorized to drug test?

Sec 36. Authorized drug testing by any government forensic laboratories or
by any of the drug testing laboratories accredited and monitored by the DOH.
Who are subjected to dangerous drug test?
1.
2.
3.
4.
5.
6.

7.

Applicants for driver's license

Applicants for firearm's license and for permit to carry firearms outside of
residence
Students of secondary and tertiary schools.
Officers and employees of public and private offices.
Officers and members of the military, police and other law enforcement agencies
All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1)
day shall have to undergo a mandatory drug test; and
All candidates for public office whether appointed or elected both in the national
or local government shall undergo a mandatory drug test.

In connection to the state policys campaign use of dangerous drugs

1. Sec 41. Involvement of the Family for the education and awareness
2. Sec 42. Student Councils and Campus Organizations to include in their activities
a program for the prevention of and deterrence in the use of dangerous drugs
3. Sec 43. School Curriculum to integrate Instruction on drug abuse prevention and
control in the elementary, secondary and tertiary curricula of all public and
private schools
4. Sec 44. Heads, Supervisors, and Teachers of Schools to help in enforcing the
provisions of this Act
5. Sec 45. Publication and Distribution of Materials on Dangerous Drugs
6. Sec 47. Drug-Free Workplace to promote using a tripartite approach national
drug abuse prevention program
7. Sec 52. Abatement of Drug Related Public Nuisances this is any place or
premises which have been used on two or more occasions as the site of the
unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance
IV.

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. A drug dependent or any person who violates Section 15 may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth

degree of consanguinity or affinity, apply to the Board or its duly recognized

representative, for treatment and rehabilitation of the drug dependency. The Board shall
bring the matter to the Court which shall order an examination. If the examination by a
DOH-accredited physician results applicant is a drug dependent, he/she shall undergo
treatment and rehabilitation in a Center. Drug dependent may be placed under the care of
a DOH-accredited physician where there is no Center near or accessible or where drug
dependent is below eighteen (18) years of age and is a first-time offender and nonconfinement in a Center will not pose a serious danger to his/her family or the community.
Section 55. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under Section 15
subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center,
(2) He/she has never been charged or convicted of any offense
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped,
he/she surrendered by himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, within one (1) week from the
date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the community by
his/her exemption from criminal liability.

Section 57. A drug dependent who is discharged as rehabilitated through the voluntary
submission program, but does not qualify for exemption from criminal liability under
Section 55 , may be charged, but shall be placed on probation and undergo a community
service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice
to the outcome of any pending case filed in court.
Section 62. If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or
by the court, to be a drug dependent, the prosecutor or the court shall suspend all further
proceedings, If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall
submit to the court every four (4) months, or as often as the court may require, a written
report on the progress of the treatment. If the dependent is rehabilitated, as certified by
the center and the Board, he/she shall be returned to the court, which committed him, for
his/her discharge therefrom.
Section 63. The period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time that the drug
dependent is under confinement in a Center or otherwise under the treatment and
rehabilitation program approved by the Board.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is
over fifteen (15) years of age at the time of the commission of the offense mentioned in
Section 11 of this Act, but not more than eighteen (18) years of age at the time when
judgment should have been promulgated after having been found guilty of said offense,
may be given the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act

(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense, Article 192 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code shall apply, without
prejudice to the application of the provisions of this Section.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time
Minor Offender. The privilege of suspended sentence shall be availed of only once by an
accused drug dependent who is a first-time offender over fifteen (15) years of age at the
time of the commission of the violation of Section 15 of this Act but not more than
eighteen (18) years of age at the time when judgment should have been promulgated.

V.

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and
strategy-formulating body
Section 78. Composition of the Board. 17 members wherein 3 of which are permanent
members, the other 12 members shall be in an ex officio capacity and the 2 shall be
regular members.
The three 3 permanent members, who shall possess at least seven-year training and
experience in the field of dangerous drugs and in any of the following fields: in law,
medicine, criminology, psychology or social work, shall be appointed by the President of
the Philippines.
The other 12 members who shall be ex officio members of the Board are the following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
(7) Secretary of the Department of Social Welfare and Development or his/her
representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.

The 2 regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization involved in dangerous
drug campaign to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the
Board, and shall attend all the meetings of the Board.
Section 81. Powers and Duties of the Board.
(a) Formulate a comprehensive drug use prevention and control strategy;
(b) Promulgate such rules and regulations necessary to carry out this Act
(c) Conduct policy studies
(d) Initiate, conduct and support scientific, clinical, psychological researches and control
measures;
(e) Develop an educational program and information drive
(f) Conduct continuing seminars
(g) Design special trainings
(h) Design and develop treatment and rehabilitation
(i) Design and develop drug abuse prevention program in the workplace
(j) Initiate and authorize closure proceedings against non-accredited or substandard
rehabilitation centers
(k) Prescribe and promulgate rules and regulations governing the establishment of such
centers,
(l) Receive, gather, collect and evaluate all information on the importation, exportation,
production, for any dangerous drug and/or controlled precursor and essential chemical
(m) Gather and prepare detailed statistics on the importation, exportation, manufacture,
for any dangerous drug and/or controlled precursors and essential chemicals
(n) Develop and maintain international networking coordination with international drug
control agencies and organizations
(o) Require all government and private hospitals to submit a report to it
(p) Receive in trust legacies, gifts and donations of real and personal properties
(q) Issue guidelines as to the approval or disapproval of applications for voluntary
treatment, rehabilitation or confinement
(r) Formulate guidelines for
the importation, distribution, production, manufacture,
compounding, prescription, dispensing and sale of dangerous drug
(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment
drugs
(t) Recommend the revocation of the professional license of any practitioner

(u) Appoint such technical, administrative and other personnel as may be necessary
(v) Establish a regular and continuing consultation with concerned government agencies
and medical professional organizations
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines
and the Senate and House of Representatives committees
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). PDEA serves as
the implementing arm of the Board, and shall be responsible for the efficient and effective
law enforcement of all the provisions
The PDEA shall establish and maintain regional offices in the different regions of the
country which shall be responsible for the implementation of this Act and the policies,
programs, and projects of said agency in their respective regions.

Section 84. Powers and Duties of the PDEA. The PDEA shall:
(a) Implement or cause the efficient and effective implementation of the national drug
control
(b) Undertake the enforcement of the provisions of Article II of this Act
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of
investigation
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and
essential chemicals seized, confiscated or surrendered
(f) Establish forensic laboratories in each PNP office in every province and city
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases
(i) Monitor and inspect all air cargo packages, parcels and mails in the central post office,
which appear to be a possible importation of dangerous drugs and/or controlled precursors
and essential chemicals
(j) Conduct eradication programs to destroy wild or illegal growth of plants from which
dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse
(l) Establish and maintain a national drug intelligence system
(m) Establish and maintain close coordination
(n) Create and maintain an efficient special enforcement unit to conduct an investigation
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines,
rules and regulations for the proper implementation
(q) Initiate and undertake a national campaign for drug prevention and drug control
programs
(r) Submit an annual and periodic reports to the Board

VI.

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. The Supreme Court shall designate special courts from among
existing Regional Trial Courts in each judicial region to exclusively try and hear cases
involving violations of this Act. The number of courts designated in each judicial region
shall be based on the population and the number of cases pending in their respective
jurisdiction.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law,
rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814),
as amended, shall not apply to the provisions of this Act, except in the case of minor
offenders. Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to death.
ANNEX
1988 UNITED NATIONS CONVENTION
AGAINST ILLICIT TRAFFIC IN NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN
TABLE I

12.
POTASSIUM
PERMANGANATE

1. ACETIC ANHYDRIDE

13. PSEUDOEPHEDRINE

2. N-ACETYLANTHRANILIC
ACID

14. SAFROLE

3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE

1961 UNITED NATIONS

SINGLE CONVENTION ON
NARCOTIC
DRUGS
AS
AMENDED BY THE 1972
PROTOCOL

6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10.
Alphamethylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine

7. LYSERGIC ACID

LIST
OF
DRUGS
INCLUDED IN SCHEDULE I

8.3,4METHYLENEDIOXYPHENYL
-2 PROPANONE

1. Acetorphine

15. Betacetylmethadol

2.
Acetyl-alphamethylfentanyl

16. Beta-hydroxyfentanyl

9. NOREPHEDRINE

14. Benzylmorphine

10.
1-PHENYL-2PROPANONE

3. Acetylmethadol

17.
Beta-hydroxy-3methylfentanyl

4. Alfentanil

18. Betameprodine

11. PIPERONAL

5. Allylprodine

19. Betamethadol

20. Betaprodine

49. Furethidine

78. Norlevorphanol

21. Bezitramide

50. Heroin

79. Normethadone

22.
Cannabis
and
Cannabis
resin
and
extracts and tinctures of
cannabis

51. Hydrocodone

80. Normorphine

52. Hydromorphinol

81. Norpipanone

53. Hydromorphone

82. Opium

23. Clonitazene

54. Hydroxypethidine

83. Oxycodone

24. Coca leaf

55. Isomethadone

84. Oxymorphone

25. Cocaine

56. Ketobemidone

85. Para-fluorofentanyl

26. Codoxime

57. Levomethorphan

86. PEPAP

27. Concentrate of poppy

straw

58. Levomoramide

87. Pethidine

28. Desomorphine

59.
Levophenacylmorphan

88.
intermediate A

Pethidine

29. Dextromoramide

60. Levorphanol

Pethidine

30. Diampromide

61. Metazocine

89.
intermediate B

31. Diethylthiambutene

62. Methadone

90.
Pethidine
intermediate C

32. Difenoxin

91. Phenadoxone

33. Dihydroetorphine

63.
Intermediate

34. Dihydromorphine

64. Methyldesorphine

35. Dihydromorphine*

65.
Methyldihydromorphine

36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate

Methadone

93. Phenazocine
94. Phenomorphan

66. 3-methylfentanyl

95. Phenoperidine

67. 3-methylthiofentanyl

96. Piminodine

68. Metopon

97. Piritramide

40. Diphenoxylate

69.
intermediate

41. Dipipanone

70. Morpheridine

42. Drotebanol

71. Morphine

43. Ecgonine

72.
methobromide

44.
Ethylmethylthiambutene

92. Phenampromide

Moramide

98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide

Morphine

102. Racemorphan

73. Morphine-N-oxide

103. Remifentanil

45. Etonitazene

74. MPPP

104. Sufentanil

46. Etorphine

75. Myrophine

105. Thebacon

47. Etoxeridine

76. Nicomorphine

106. Thebaine

48. Fentanyl

77. Noracymethadol

107. Thiofentanyl

108. Tilidine
109. Trimeperidine
LIST
OF
DRUGS
INCLUDED IN SCHEDULE
II
1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine

14. DRONABINOL (delta9-tetrahydro-cannabinol

and its stereochemical
variants)

14. CLORAZEPATE

15. ZIPEPROL

17. DELORAZEPAM

16.
2C-B(4-bromo-2,5dimethoxyphenethylamin
e)

18. DIAZEPAM

LIST OF SUBSTANCES IN
SCHEDULE III

20. ETHCHLORVYNOL

1. AMOBARBITAL

15. CLOTIAZEPAM
16. CLOXAZOLAM

19. ESTAZOLAM

21. ETHINAMATE
22. ETHYL LOFLAZEPATE

2. BUPRENORPHINE

23. ETILAMFETAMINE(Nethylampetamine)

3. BUTALBITAL

8. Norcodeine

4.
CATHINE
(+)norpseudo-ephedrine

9. Pholcodine

5. CYCLOBARBITAL

10. Propiram

6. FLUNITRAZEPAM

LIST OF SUBSTANCES IN
SCHEDULE II

7. GLUTETHIMIDE

24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM

8. PENTAZOCINE

29. HALOXAZOLAM

1.
AMFETAMINE
(AMPHETAMINE)

9. PENTOBARBITAL

2.
DEXAMFETAMINE
(DEXAMPHETAMINE)

Substances in Schedule
IV

31. LEFETAMINE(SPA)

3. FENETYLLINE

1. ALLOBARBITAL

32. LOPRAZOLAM

4.
LEVAMFETAMINE
(LEVAMPHETAMINE)

2. ALPRAZOLAM

33. LORAZEPAM

5.
LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7.
METAMFETAMINE
(METHAMPHETAMINE)

3.
AMFEPRAMONE
AMINOREX

30. KETAZOLAM

4.

5. BARBITAL
6.
BENZFETAMINE(benzphet
amine)

34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE

8.
METHAMPHETAMINE
RACEMATE

7. BROMAZEPAM

39. MESOCARB

8. Butobarbital

9. METHAQUALONE

9. BROTIZOLAM

40.
METHYLPHENOBARBITAL

10. METHYLPHENIDATE

10. CAMAZEPAM

11. PHENCYCLIDINE (PCP)

11. CHLORDIAZEPOXIDE

12. PHENMETRAZINE

12. CLOBAZAM

13. SECOBARBITAL

13. CLONAZEPAM

41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM

45. NORDAZEPAM

52. PINAZEPAM

59. TRIAZOLAM

46. OXAZEPAM

53. PIPRADROL

47. OXAZOLAM

54. PRAZEPAM

60.
VINYLBITAL
GHB
(Gamma-Hydroxyburic
acid)

48. PEMOLINE

55. PYROVALERONE

61. Zolpidem

49. PHENDIMETRAZINE

56. SECBUTABARBITAL

50. PHENOBARBITAL

57. TEMAZEPAM

51. PHENTERMINE

58. TETRAZEPAM