TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

** ART. 190 – 193 was repealed by the Comprehensive Dangerous Drugs Act of 2002 (RA No.
9165)
** provisions of the penal code shall not apply to the provisions of this act, except in the case of
minor offenders

ACTS PUNISHED:

1. Importation of dangerous drugs and/or controlled precursors and essential

chemicals

** there must be proof that the ship came from a foreign port
** possession of opium on board a vessel is punishable when PH port is its destination (does
not apply if vessel is in transit)
** maximum penalty shall be given to those who imports using a diplomatic passport, diplomatic
facilities or any other means involving his official status intended to facilitate the unlawful entry
of drugs

2. Sale, trading, administration, dispensation, delivery, distribution and

transportation of dangerous drugs and/or controlled precursors and essential
chemicals

** to successfully prosecute for selling drugs:

 Identities of the buyer and seller
 Delivery of the thing sold, object and consideration
** for successful conviction of possession of illegal drugs:
 Accused was in possession of drugs
 Such possession is not authorized by law
 Accused freely and consciously possessed the drug
** in both cases State has to prove Corpus delicti (body of the crime) = it must be shown that
the substance seized from accused is the same thing presented in court

** max penalty = if sale/delivery is done 100 meters from the school; if use of minors as runners
or messengers; if the victim is minor or mentally incapacitated/dangerous drugs as proximate
cause of death

3. Maintenance of a dangerous drug den, dive or resort

** max penalty = dangerous drug is administered, delivered or sold to a minor who is allowed to
use the same in such a place; those who organizes, manages or acts as a financer

4. Being employees or visitors of a dangerous drug den, dive or resort

5. Manufacture of dangerous drugs and/or controlled precursors and essential
chemicals

** presence of any controlled precursor, essential chemical or lab equipment in the clandestine
laboratory is prima facie proof of manufacture of dangerous drugs.
** aggravating circumstance
- Any phase of manufacturing process was conducted in the presence or help of minor
 - Established within 100 meters of a residential, business, church or school premises
- Any clandestine laboratory was protected by booby traps/concealed with legitimate
business operations
- Employment of a practitioner, chemical engineer, public official or foreigner

6. Illegal chemical diversion of controlled precursors and essential chemicals

7. Manufacture or delivery of equipment, instrument, apparatus and other
paraphernalia for dangerous dugs and/or controlled precursors and essential
chemicals

** 6 months and 1 day to 4 years = if it will be used to inject, ingest, inhale or otherwise
introduce to the human body a dangerous drug
** max penalty = uses a minor/mentally incapacitated person to deliver such equipment,
instrument, apparatus for dangerous drugs

8. Possession of dangerous drugs

ELEMENTS:

 Unauthorized
 Either actual or constructive
 Irrespective of its quantity
 With intent to possess

** law punishes present possession of drugs (not stains)

** possession shall not be limited to manual touch (relation between the owner and the drug
itself, when the owner is not in physical possession but it still is under his control or subject to
disposition)

** life imprisonment to death

- 10 grams or more of opium, morphine, heroin, cocaine, marijuana resin/resin oil
- 50 grams or more of shabu
- 500 grams or more of marijuana
- 10 grams or more of other drugs
** life imprisonment and fine of 400k-500k
- 10 grams or more but less than 50 of shabu
** 20 year & 1 day of imprisonment and fine of 400k-500k
- 5 grams or more but less than 10 of opium, morphine, heroin
** Imprisonment of 12 years & 1 day to 20 years and fine of 300k – 400k
- Less than 5 grams if opium, morphine, heroin cocaine

9. Possession of equipment, instrument, apparatus and other paraphernalia

- In case of medical practitioners and various professionals who are required to carry
such equipment, the Board shall prescribe the necessary implementing guidelines
thereof.
- Possession of such equipment shall be prima facie evidence that the possessor is
the owner and has smoked, consumed, administered to himself

10. Possession of dangerous drugs during parties, social gatherings or meetings

 - Proximate company of ay least 2 persons

11. Possession of equipment, instrument, apparatus and other paraphernalia during

parties, social gatherings or meetings
12. Use of dangerous drugs

- 6 months rehab in a government center

- Imprisonment of 6 years & 1 day to 12 years and a fine of 50k-200k

13. Cultivation or culture of plants classified as dangerous drugs or are sources

thereof

- Life imprisonment to death and a fine of 500k-10M

- Max penalty - financer

14. Failure to maintain and keep original records of transactions on dangerous drugs
and/or controlled precursors and essential chemicals
15. Unnecessary prescription of dangerous drugs

- Imposed upon the practitioner who shall prescribe any dangerous drug to any person
whose physical or physiological condition does not require the use or in the dosage
prescribed herein.

16. Unlawful prescription of dangerous drugs

** penalty = confiscation and forfeiture of the proceeds or instruments of the unlawful act;
ordered destroyed without delay
** probation law (PD 968) not applicable to drug traffickers and pushers
** commission of a crime under the influence of drugs is a qualifying aggravating circumstance
** attempt or conspiracy shall be punished by the same penalty for nos. 1, 2, 3, 5, 13
** penalty of life imprisonment to death = public officer for misappropriation, misapplication or
failure to account for confiscated, seized or surrendered dangerous drugs, essential equipment
of instrument
** if public official benefited from the proceeds – guilty of trafficking of dangerous drugs
** criminal liability of government official – max penalty + absolute perpetual disqualification
** criminal liability for planting of evidence – death
** criminal liability of partnerships, corps, or assocs. – liable as co-principal; imposed upon
the partner, president, director, etc. Who knowingly authorizes or tolerates to the use of a
vehicle, vessel, equipment of facility as an instrument of importation, sale, distribution, or
manufacture of dangerous drugs if such is under the control of the partnership, corp or assocs
** criminal liability of an alien – deported without further proceedings after service of sentence
** VOLUNTARY SUBMISSION OF A DRUG DEPENDENT – apply to the Board who shall bring
the matter to Court and will undergo treatment at a Center designated by the Board not
exceeding 1 year. After 1 year, Court will be apprised by the status of rehab and determine
whether further confinement is needed.
 Exempt from criminal liability provided that
o He complied with the rules of the Center
o Never been charged or convicted of an offense under this act
 o No record of escape from the center provided that he surrendered by himself or
through parent/guardian/spouse
o Poses no serious danger to himself/family/community

** if DD if no rehabilitated after 2nd commitment to the Center = liable

** upon petition by board, and upon determination of 2 physicians assigned by court that the
person is DD, may order compulsory confinement
** if person charged for less than 6 years and 1 day and is found by the prosecutor to be DD, it
shall suspend further proceedings and submit copies of the record to the Board.
 If determined to be DD, may be committed to a Center
 After commitment – resume proceedings of the offense and if has good behavior, given
full credit for the period of confinement
 If violation is of sec 15 of this Act = and the accused is not a recidivist – penalty is
deemed served and Court may discharge

PROVISIONS APPLICABLE TO 1st TIME MINOR OFFENDER

** suspended sentence for over 15 years but less than 18 years old provided that
 He has not been previously convicted
 Has not been previously committed to a Center
 Board favorably recommends the suspension
** discharge after compliance
** may be availed of only once by a 1st time offender
** if violates any condition of the suspended sentence = may be convicted and shall serve
sentence as any other convicted person

** liability of parent who refuses to cooperate – contempt of court

Inventory and photograph requirement for seizure and custody of drugs

 Apprehending team having initial custody and control of drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence
of the accused/her counsel/representative of media and DOJ/any elected official who
shall be required to sign copies of the inventory (RA No. 9165)

CHAIN OF CUSTODY IN DRUG CASES

** requires that the testimony be presented about every link in the chain, from the moment item
is seized until it is presented to the court

1. Procedure

** officer who seizes the substance turns it over to the supervising officer who sends it, by
courier, to the police crime laboratory for testing
** it is imperative that officer who seized shall place his marking on its plastic container and seal
the same
** at trial, officer can identify marking and the procedure he observed to maintain the integrity of
the substance
** if sealing is not made, prosecution must present every officer, messenger, laboratory
technician (the entire chain of custody), however brief the possession is. Each has to testify that
though unsealed, substance has not been tampered with.

2. Exception to chain of custody requirement

** non-compliance with the requirement does not necessarily warrant an accused’s arrest illegal
or make the items inadmissible.
** imperative is that the preservation of the integrity and evidentiary value of the seized items as
the same would have been utilized in the determination of guilt or innocence of the accused.
** saving mechanism = prosecution must explain the lapse in the prescribed procedures and
must demonstrate the integrity and value of the evidence seized.

Warrantless seizures v. Search by virtue of a warrant

 If by search warrant – physical inventory and photograph must be conducted in the place
where the search warrant was served.
 Warrantless seizures – to be conducted in the nearest police station or office of the
apprehending team
** nothing prevents the apprehending officer from immediately conducting it at the place where
they were seized
** Consistency with the chain requires that the items are marked
 In the presence of the apprehended visitor
 Immediately after confiscation

** HARSHER PENALTY TO DRUG TRAFFICKERS THAN USERS