Queano, Chriszel Ann I.

1A2
CRIMINAL LAW 2

COMPARATIVE REPORT of the Old and New Dangerous Drug Act

Summary:
The new dangerous drug act implements a stricter penalties compared to the old
dangerous drug act. The new dangerous act also provided a suspension of sentence for first
time minor offender which is subjected to following conditions. The new dangerous drug act
also provides the liability of parents, spouse or guardian who refuses to cooperate with the
Board or any Concerned Agency who may be cited as contempt to court.
Also, RA 9165 expanded the membership of the Board to include the agencies such as
the Department

of

Interior

and

Local

Government,

Department

of

Labor

and

Employment, Department of Foreign Affairs, Commission on Higher Education, National

Youth Commission, and the newly established Philippine Drug Enforcement Agency. Under
this Act, the Dangerous Drugs Board (DDB) remains as the policy-making and strategyformulating body in planning and formulation of policies and program on drug prevention and
control. It also created the Philippine Drug Enforcement Agency (PDEA) under the Office of
the President, which serves as the implementing arm of the DDB, and shall be responsible for
the efficient and effective law enforcement of all the provisions on any dangerous drugs,
controlled precursors and essential chemicals as provided in this Act The law also
streamlined the functions of the Board and ushered in new programs and initiatives.

EFFECTIVITY:

OLD DANGEROUS DRUG ACT

NEW DANGEROUS DRUG ACT

Republic Act No. 6425

Republic Act No. 9165

Effectivity: March 30, 1972

Effectivity: July 4, 2002

TITLE:

The Dangerous Drugs Act of 1972

Comprehensive Dangerous Drugs Act of

2002

Article II

Prohibited Drugs

Unlawful Acts and Penalties

Importation of
Prohibited Drugs
PENALTY:

Imprisonment ranging from 14 yrs and

one day to life imprisonment and a fine
ranging from fourteen thousand to thirty
thousand pesos

The penalty of life imprisonment to death

and a ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed
regardless of the quantity and purity
involved, including any and all species of
opium poppy or any part thereof or
substances derived therefrom even for
floral, decorative and culinary purposes.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos
(P500,000.00) shall be imposed upon any
person, who, unless authorized by law,
shall import any controlled precursor and
essential chemical.
The maximum penalty provided for under
this Section shall be imposed upon any
person, who, unless authorized under this
Act, shall import or bring into the
Philippines any dangerous drug and/or
controlled precursor and essential chemical
through the use of a diplomatic passport,
diplomatic facilities or any other means
involving his/her official status intended to
facilitate the unlawful entry of the same. In
addition, the diplomatic passport shall be
confiscated and canceled.
The maximum penalty provided for under
this Section shall be imposed upon any
person, who organizes, manages or acts
as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one
(1) day to twenty (20) years of
imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos
(P500,000.00) shall be imposed upon any

person, who acts as a "protector/coddler"

of any violator of the provisions under this
Section.

Sale,
Administration,
Delivery,
Distribution and
Transportation of
Prohibited Drugs

The penalty of imprisonment ranging

from twelve years and one day to
twenty years and a fine ranging from
twelve thousand to twenty thousand
pesos shall be imposed upon any
person who, unless authorized by
law, shall sell, administer, deliver, give
away to another, distribute, dispatch
in transit or transport any prohibited
drug, or shall act as a broker in any
such transactions. In case of a
practitioner, the additional penalty of
the revocation of his license to
practice his profession shall be
imposed.
If the victim of the offense is a minor,
the maximum of the penalty shall be
imposed.
Should a prohibited drug involved in
any offense under this Section, be
the proximate cause of the death of a
victim thereof, the penalty of life
imprisonment to death and a fine
ranging from twenty thousand to
thirty thousand pesos shall be
imposed upon the pusher.

The penalty of life imprisonment to

death and a fine ranging from Five
hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00), including any and all
species of opium poppy regardless of
the quantity and purity involved, or shall
act as a broker in any of such
transactions.
Controlled precursor and essential
chemical - The penalty of imprisonment
ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine
ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00)
If the act transpires within one hundred
(100) meters from the school, the
maximum penalty shall be imposed in
every case.
Maximum Penalty: For drug pushers
who use minors or mentally
incapacitated individuals as runners,
couriers and messengers, or in any
other capacity directly connected to the
dangerous drugs and/or controlled
precursors and essential chemical
trade; If the victim of the offense is a
minor or a mentally incapacitated
individual, or should a dangerous drug
and/or a controlled precursor and
essential chemical involved in any
offense herein provided be the
proximate cause of death of a victim
thereof, any person who organizes,
manages or acts as a "financier" of any
of the illegal activities

Protector/ Coddler: penalty of twelve

(12) years and one (1) day to twenty
(20) years of imprisonment and a fine
ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00)

Dangerous Drug
Boards
Composition:

Composed of nine members. Three

members who shall possess
adequate training and experience in
the field of dangerous drugs or in law,
medicine, criminology, psychology or
social work, shall be appointed by the
President of the Philippines with the
consent of the Commission on
Appointments

Composed of seventeen (17) members

wherein three (3) of which are
permanent members, the other twelve
(12) members shall be in an ex officio
capacity and the two (2) shall be
regular members.

The other twelve (12) members who

shall be ex officio members of the
The remaining six shall be ex-officio
Board are the following:
members, as follows:
(1) Secretary of the Department of
(a) the Secretary of Justice or his
Justice or his/her representative;
representative;
(2) Secretary of the Department of
(b) the Secretary of National Defense Health or his/her representative;
or his representative;
(3) Secretary of the Department of
(c) the Secretary of Health or his
National Defense or his/her
representative;
representative;
(d) the Secretary of Education or his (4) Secretary of the Department of
representative;
Finance or his/her representative;
(e) the Secretary of Finance or his
(5) Secretary of the Department of
representative; and
Labor and Employment or his/her
(f) the Secretary of the Department of representative;
Social Welfare or his 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.