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REPUBLIC ACT NO.

9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)


Introduction of such transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
Arts. 190-193 of the RPC were repealed by RA 6425 (Dangerous Drugs Act of 1972), as
amended by PD 1683 and further amended by RA 7659. RA 9165, which was signed onto law Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous
by then President Macapagal-Arroyo on June 7, 2002 and which took effect on July 4, 2002, drug and/or controlled precursor and essential chemical.
then repealed RA 6425, as amended.
Confirmatory Test. An analytical test using a device, tool or equipment with a different
What is the purpose of RA 9165? chemical or physical principle that is more specific which will validate and confirm the result of
1) To safeguard the integrity of its territory and the well-being of its citizenry particularly the the screening test.
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 Controlled Delivery. The investigative technique of allowing an unlawful or suspect
and preservation. consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from any
How does the State pursue its anti-drug policy through RA 9165? offense, to pass into, through or out of the country under the supervision of an authorized
1) Through an integrated system of planning, implementation and enforcement of anti-drug officer, with a view to gathering evidence to identify any person involved in any dangerous
abuse policies, programs, and projects; drugs related offense, or to facilitate prosecution of that offense.
2) By achieving 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 Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II
medications, which include the use of dangerous drugs; and of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
3) By providing effective mechanisms or measures to re-integrate into society individuals who as enumerated in the attached annex, which is an integral part of this Act.
have fallen victims to drug abuse or dangerous drug dependence through sustainable
programs of treatment and rehabilitation. Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.
Definition of Terms
Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single
Administer. Any act of introducing any dangerous drug into the body of any person, with Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed
or without his/her knowledge, by injection, inhalation, ingestion or other means, or of to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached
committing any act of indispensable assistance to a person in administering a dangerous drug annex which is an integral part of this Act.
to himself/herself unless administered by a duly licensed practitioner for purposes of
medication. Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.
Board. Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
Centers. Any of the treatment and rehabilitation centers for drug dependents referred to in essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or
Section 75, Article VIII of this Act. used in any form.

Chemical Diversion. The sale, distribution, supply or transport of legitimately imported, in- Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug
transit, manufactured or procured controlled precursors and essential chemicals, in diluted, with or without the use of prescription.
mixtures or in concentrated form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment Drug Dependence. As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or Cannabis or commonly known as Marijuana or Indian Hemp or by its any other
a sense of compulsion to take the substance and the difficulties in controlling substance - name. Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including,
taking behavior in terms of its onset, termination, or levels of use. but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and
embraces every kind, class and character of marijuana, whether dried or fresh and flowering,
Drug Syndicate. Any organized group of two (2) or more persons forming or joining flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its
together with the intention of committing any offense prescribed under this Act. geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other Methylenedioxymethamphetamine (MDMA) or commonly known as Ecstasy, or
persons working in the den, dive or resort, employed by the maintainer, owner and/or operator by its any other name. Refers to the drug having such chemical composition, including
where any dangerous drug and/or controlled precursor and essential chemical is administered, any of its isomers or derivatives in any form.
delivered, distributed, sold or used, with or without compensation, in connection with the
operation thereof. Methamphetamine Hydrochloride or commonly known as Shabu, Ice, Meth,
or by its any other name. Refers to the drug having such chemical composition, including
Financier. Any person who pays for, raises or supplies money for, or underwrites any of the any of its isomers or derivatives in any form.
illegal activities prescribed under this Act.
Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation, embraces every kind, class and character of opium, whether crude or prepared; the ashes or
manufacture, sale, trading, transportation, distribution, importation, exportation and refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of
possession of any dangerous drug and/or controlled precursor and essential chemical. opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient;
opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared
Instrument. Anything that is used in or intended to be used in any manner in the for use or not.
commission of illegal drug trafficking or related offenses.
Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L., Papaver
Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when used, setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the
intended for use or designed for use in the manufacture of any dangerous drug and/or seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for
controlled precursor and essential chemical, such as reaction vessel, preparative/purifying floral, decorative and culinary purposes.
equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute. PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.
Manufacture. The production, preparation, compounding or processing of any dangerous
drug and/or controlled precursor and essential chemical, either directly or indirectly or by Person. Any entity, natural or juridical, including among others, a corporation, partnership,
extraction from substances of natural origin, or independently by means of chemical synthesis trust or estate, joint stock company, association, syndicate, joint venture or other
or by a combination of extraction and chemical synthesis, and shall include any packaging or unincorporated organization or group capable of acquiring rights or entering into obligations.
repackaging of such substances, design or configuration of its form, or labeling or relabeling
of its container; except that such terms do not include the preparation, compounding, Planting of Evidence. The willful act by any person of maliciously and surreptitiously
packaging or labeling of a drug or other substances by a duly authorized practitioner as an inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
incident to his/her administration or dispensation of such drug or substance in the course of whatever quantity of any dangerous drug and/or controlled precursor and essential chemical
his/her professional practice including research, teaching and chemical analysis of dangerous in the person, house, effects or in the immediate vicinity of an innocent individual for the
drugs or such substances that are not intended for sale or for any other purpose. purpose of implicating, incriminating or imputing the commission of any violation of this Act.

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
Practitioner. Any person who is a licensed physician, dentist, chemist, medical technologist, Maximum penalty:
nurse, midwife, veterinarian or pharmacist in the Philippines. a) Importation through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts entry of the same
provided for in this Act and uses his/ her influence, power or position in shielding, harboring, b) Financier
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to Protector/coddler 12 years and 1 day to 20 years of imprisonment and a fine
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, ranging from P100,000 to P500,000
prosecution and conviction of the violator.
2) Sale, trading, administration, dispensation, delivery, distribution and
Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to transportation of dangerous drugs and/or controlled precursors and essential
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous chemicals (Sec. 5)
drugs or who acts as a broker in any of such transactions, in violation of this Act. Dangerous drugs Life imprisonment to death and a fine ranging from P500,000 to
P10,000,000
School. Any educational institution, private or public, undertaking educational operation for Controlled precursors and essential chemicals 12 years and 1 day to 20 years
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, imprisonment and a fine ranging from P100,000 to P500,000
usually located in a building or a group of buildings in a particular physical or cyber site. Penalty is regardless of the quantity involved.
Maximum penalty:
Screening Test. A rapid test performed to establish potential/presumptive positive result. a) Unlawful act transpires within 100 meters from the school
b) Drug pushers who use minors or mentally incapacitated individuals as runners,
Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential couriers and messengers, or in any other capacity
chemical whether for money or any other consideration. c) Victim of the offense is a minor or a mentally incapacitated individual, or a
dangerous drug and/or a controlled precursor and essential chemical involved in
Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled any offense herein be the proximate cause of death of a victim thereof
precursors and essential chemicals using electronic devices such as, but not limited to, text d) Financier
messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat Protector/coddler 12 years and 1 day to 20 years of imprisonment and a fine
rooms or acting as a broker in any of such transactions whether for money or any other ranging from P100,000 to P500,000
consideration in violation of this Act.
3) Maintenance of a dangerous drug den, dive or resort (Sec. 6)
Use. - Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, Dangerous drugs Life imprisonment to death and a fine ranging from P500,000 to
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological P10,000,000
system of the body, any of the dangerous drugs. Controlled precursors and essential chemicals 12 years and 1 day to 20 years
imprisonment and a fine ranging from P100,000 to P500,000
Unlawful Acts and Penalties Maximum penalty:
a) Dangerous drug is administered, delivered or sold to a minor who is allowed to
1) Importation of dangerous drugs and/or controlled precursors and essential use the same in such a place
chemicals (Sec. 4) b) Any person who organizes, manages or acts as a financier
Dangerous drugs Life imprisonment to death and a fine ranging from P500,000 to Dangerous drug is the proximate cause of the death of a person using the same in
P10,000,000 such den, dive or resort Death and a fine ranging from P1,000,000 to 15,000,000
Controlled precursors and essential chemicals 12 years and 1 day to 20 years imposed on the maintainer, owner and/or operator
imprisonment and a fine ranging from P100,000 to P500,000

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
If such den, dive or resort is owned by a third person, the same shall be confiscated Equipment, instrument, apparatus and other paraphernalia for dangerous drugs 12
and escheated in favor of the government, provided that: years and 1 day to 20 years and a fine ranging from P100,000 to P500,000
a) Criminal complaint shall specifically allege that such place is intentionally used in Used to inject, ingest, inhale or otherwise introduce into the human body a dangerous
the furtherance of the crime drug 6 months and 1 day to 4 years imprisonment and a fine ranging from P10,000
b) The prosecution shall prove such intent on the part of the owner to use the to P50,000
property for such purpose Maximum penalty: Any person who uses a minor or mentally incapacitated individual
c) The owner shall be included as an accused in the criminal complaint to deliver such equipment, instrument, apparatus and other paraphernalia for
Protector/coddler 12 years and 1 day to 20 years of imprisonment and a fine dangerous drugs
ranging from P100,000 to P500,000
8) Possession of dangerous drugs (Sec. 11)
4) Being employees or visitors of a dangerous drug den, dive or resort (Sec. 7) Life imprisonment to death and a fine ranging from P500,000 to P10,000,000
12 years and 1 day to 20 years imprisonment and a fine ranging from P100,000 to a) 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride,
500,000 marijuana resin or marijuana resin oil, other dangerous drugs
b) 50 grams or more of methamphetamine hydrochloride or shabu
5) Manufacture of dangerous drugs and/or controlled precursors and essential c) 500 grams or more of marijuana
chemicals (Sec. 8) Life imprisonment and a fine ranging from P400,000 to P500,000 quantity of shabu
Dangerous drugs Life imprisonment to death and a fine ranging from P500,000 to is 10 grams or more but less than 50 grams
10,000,000 20 years and 1 day to life imprisonment and a fine ranging from P400,000 to P500,000
Controlled precursors and essential chemicals 12 years and 1 day to 20 years quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium,
imprisonment and a fine ranging from 100,000 to 500,000 morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
Aggravating circumstances: oil, methamphetamine hydrochloride or shabu, or other dangerous drugs, or 300
a) Any phase of the manufacturing process was conducted in the presence or with grams or more but less than 500 grams of marijuana
the help of minor/s 12 years and 1 day to 20 years and a fine ranging from P300,000 to P400,000
b) Any phase or manufacturing process was established or undertaken within 100 quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin,
meters of a residential, business, church or school premises cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
c) Clandestine laboratory was secured or protected with booby traps methamphetamine hydrochloride or shabu, or other dangerous drugs, or less than
d) Clandestine laboratory was concealed with legitimate business operations 300 grams of marijuana
e) Employment of a practitioner, chemical engineer, public official or foreigner
Maximum penalty: Any person who organizes, manages or acts as a financier 9) Possession of equipment, instrument, apparatus and other paraphernalia for
Protector/coddler 12 years and 1 day to 20 years of imprisonment and a fine dangerous drugs (Sec. 12)
ranging from P100,000 to P500,000 6 months and 1 day to 4 years imprisonment and a fine ranging from P10,000 to
P50,000
6) Illegal chemical diversion of controlled precursors and essential chemicals Possession of the abovementioned shall be prima facie evidence that the possessor
(Sec. 9) has used a dangerous drug and shall be presumed to have violated Sec. 15 of this Act.
12 years and 1 day to 20 years imprisonment and a fine ranging from P100,000 to
P500,000 10) Possession of dangerous drugs during parties, social gatherings or meetings
(Sec. 13)
7) Manufacture or delivery of equipment, instrument, apparatus and other Maximum penalties provided for in Sec. 11, regardless of the quantity and purity of
paraphernalia for dangerous drugs and/or controlled precursors and other such dangerous drugs
essential chemicals (Sec. 10)

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
11) Possession of equipment, instrument, apparatus and other paraphernalia for Other Relevant Provisions, Supplemental Information, and Jurisprudence
dangerous drugs during parties, social gatherings or meetings (Sec. 14)
Maximum penalty provided for in Sec. 12 Confiscation and forfeiture of proceeds or instruments of the unlawful act
(Sec. 20)
12) Use of dangerous drugs (Sec. 15) o The penalty imposed for the unlawful importation, sale, trading, administration,
First offense minimum of 6 months rehabilitation in a government center dispensation, delivery, distribution, transportation or manufacture of any dangerous
Second offense 6 years and 1 day to 12 years imprisonment and a fine ranging from drugs and/or precursors and essential chemicals, cultivation or culture of plants which
P50,000 to P200,000 are sources of dangerous drugs, and the possession of any equipment, instrument,
This Section shall not be applicable where the person tested is also found to have in apparatus and other paraphernalia for dangerous drugs including other laboratory
his/her possession such quantity of any dangerous drug provided for in Sec. 11, in equipment shall carry with it the confiscation and forfeiture in favor of the
which case the provisions stated therein shall apply government, of all the proceeds and properties derived from the unlawful
act, UNLESS they are the property of a third person not liable for the unlawful act.
13) Cultivation or culture of plants classified as dangerous drugs or are sources o Those which are not of lawful commerce shall be destroyed without delay.
thereof (Sec. 16)
Life imprisonment to death and a fine ranging from P500,000 to P10,000,000 Drug traffickers and pushers cannot avail of the privilege granted by the Probation
The land or portions thereof and/or greenhouses on which any of said plants is Law. (Sec. 24)
cultivated or cultured shall be confiscated and escheated in favor of the State, unless
the owner thereof can prove lack of knowledge of such cultivation or culture despite A positive finding for the use of dangerous drugs is a qualifying aggravating
the exercise of due diligence on his/her part circumstance in the commission of a crime by an offender. (Sec. 25)
Maximum penalty:
a) If the land involved is part of the public domain Attempt or conspiracy to commit is penalized by the same penalty prescribed
b) Any person who organizes, manages or acts as a financier for the commission in the following cases (Sec. 26) MC SIM
c) Protector/coddler 12 years and 1 day to 20 years of imprisonment and a fine a) Manufacture of any dangerous drug and/or controlled precursor and essential chemical
ranging from P100,000 to P500,000 b) Cultivation or culture of plants which are sources of dangerous drugs
c) Sale, trading, administration, dispensation, delivery, distribution and transportation of
14) Failure to maintain and keep original records of transactions on dangerous any dangerous drug and/or controlled precursor and essential chemical
drugs and/or controlled precursors and essential chemicals (Sec. 17) d) Importation of any dangerous drug and/or controlled precursor and essential chemical
1 year and 1 day to 6 years imprisonment and a fine ranging from P10,000 to P50,000 e) Maintenance of a den, dive or resort where any dangerous drug is used in any form
Additional penalty:
a) Revocation of license to practice his/her profession, in case of a practitioner Criminal liability of a public officer or employee for misappropriation,
b) Revocation of license of the business, in case of a manufacturer, seller, importer, misapplication or failure to account for the confiscated, seized and/or
distributor, dealer or retailer surrendered dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or
15) Unnecessary prescription of dangerous drugs (Sec. 18) laboratory equipment including the proceeds or properties obtained from the
12 years and 1 day to 20 years and a fine ranging from P100,000 to P500,000 unlawful act committed (Sec. 27)
Additional penalty: o Life imprisonment to death and a fine ranging from P500,000 to P10,000,000, in
a) Revocation of license to practice addition to absolute perpetual disqualification from any public office
o Any elective local or national official found to have benefited from the proceeds
16) Unlawful prescription of dangerous drugs (Sec. 19) of the trafficking of dangerous drugs, or have received any financial or material
Life imprisonment to death and a fine ranging from P500,000 to P10,000,000 contributions or donations from natural or juridical persons found guilty of trafficking

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
dangerous drugs shall be removed from office and perpetually disqualified from holding o If applicant is issued a certification that he is a drug dependent, the Court shall order
any elective or appointive position in the government. him/her to undergo treatment and rehabilitation in a Center designated by the Board
for not less than 6 months.
Criminal liability of government officials and employees (Sec. 28) o Drug dependent may be placed under the care of a DOH-accredited physician
a) Maximum penalties of the unlawful acts provided for in this Act shall be imposed, and when:
b) Absolute perpetual disqualification from any public office a) There is no near or accessible Center
b) Drug dependent is (1) below 18 years of age and (2) is a first-time offender and
Criminal liability for planting of evidence (Sec. 29) (3) non-confinement in a Center will not pose a serious danger to his/her family
o Death or community
o Confinement shall not exceed 1 year, after which the Court and the Board shall be
Criminal liability of officers of partnerships, corporations, associations or other apprised by the head of the Center of the status of said drug dependent and whether
juridical entities (Sec. 30) further confinement is needed.
o If abovementioned officers consent to or knowingly tolerate violations of this Act, they
shall be held criminally liable as a co-principal. Exemption from the criminal liability under the voluntary submission program
(Sec. 55)
Additional penalty if offender is an alien (Sec. 31) o A drug dependent under the voluntary submission program who is finally discharged
o In addition to the penalties prescribed, the alien offender shall, after service of from confinement shall be exempt from criminal liability subject to the following
sentence, be deported immediately without further proceedings. conditions: CN NP
1) He/she has Complied with the rules and regulations of the Center, the
Accessory penalties (Sec. 35) applicable rules and regulations of the Board, for at least 18 months following
o Disqualification from exercising temporary discharge from confinement or, in the case of a dependent placed under
a) Civil rights such as but not limited to: the care of the DOH-accredited physical, the after-care program and follow-
i) Rights of parental authority or guardianship up schedule formulated by the DSWD and approved by the Board.
ii) Rights to dispose of property by any act or any conveyance inter vivos 2) He/she has Never been charged or convicted of any offense punishable under
b) Political rights such as but not limited to: RA 9165, the Revised Penal Code or any special penal laws.
i) Right to vote 3) He/she has No record of escape from a Center, or that if he/she had escaped,
ii) Right to be voted for he/she surrendered by himself/herself within 1 week from the date of escape.
4) He/she Poses no serious danger to himself/herself, his/her family or the
Voluntary submission of a drug dependent to confinement, treatment and community.
rehabilitation (Sec. 54)
o By whom made: Filing of charges against a drug dependent who is not rehabilitated under the
a) Drug dependent or any person who violates Sec. 15, voluntary submission program (Sec. 58)
b) His/her parent, o If not rehabilitated after the second commitment to the Center, he/she shall, upon
c) Spouse, recommendation of the Board, be charged for violation of Sec. 15 and prosecuted.
d) Guardian, or o If convicted, his/her period of confinement and rehabilitation shall be credited
e) Relative within the 4th degree of consanguinity or affinity in the service of his/her sentence.
o Application for treatment and rehabilitation is made to the Board or its duly recognized
representative.
o After the Board brings the matter to the Court, the latter will order that the applicant
be examined for drug dependency.

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
Compulsory confinement of a drug dependent who refuses to apply under the o When the offense is for violation of Sec. 15 and the accused is not a recidivist,
voluntary submission program (Sec. 61) the penalty thereof shall be deemed served in the Center upon his/her release.
o Upon petition by the Board or any of its authorized representatives, a drug dependent
shall be confined for treatment and rehabilitation in any Center duly designated or Prescription of the offense charged against a drug dependent under the
accredited for the purpose. compulsory submission program
o A petition for the confinement of an alleged drug dependent may be filed by any o Period of prescription shall not run during the time that the drug dependent is under
person authorized by the Board with the RTC of the province or city where such confinement or under the treatment and rehabilitation program approved by the Board.
person is found. o Upon certification of the Center that he/she may temporarily be discharged, the
o The court shall then fix a date for hearing, and a copy of such order shall be served court shall order his/her release on condition that he/she shall report to the
on the alleged drug dependent and the one having charge of him. Board through the DOH for after-care and follow-up treatment for a period
o If warranted, the court shall order examination to be conducted by 2 physicians not exceeding 18 months.
accredited by the Board. o If during such time the Board certifies his/her complete rehabilitation, the court
o If both physicians conclude that respondent is not a drug dependent, he/she shall shall order his/her final discharge for the immediate resumption of the trial for which
be discharged. he/she is originally charged. On the other hand, if the Board finds that he/she requires
o If either physician finds him to be a dependent, a hearing shall be conducted, further treatment and rehabilitation, it shall report to the court which shall order
taking into consideration all relevant evidence. If the court finds him a drug dependent, his/her recommitment.
it shall issue an order for his/her commitment to a Center under the supervision of o Should the drug dependent escape from the Center, he/she may resubmit
the DOH. himself/herself for confinement within 1 week or date of escape. If, however,
o The order of discharge or order of confinement or commitment shall be issued the drug dependent does not resubmit himself/herself, the Board may apply with
not later than 15 days from the filing of the petition. the court for the issuance of the recommitment order. Upon proof of previous
commitment, the court shall issue such order. If he/she should escape again, he/she
Compulsory submission of a drug dependent charged with an offense to shall no longer be exempt from criminal liability for use of any dangerous drug.
treatment and rehabilitation (Sec. 62) o A drug dependent who is finally discharged from confinement shall be exempt
o If a person charged with an offense punishable by imprisonment of less than 6 from criminal liability under Sec. 15. On the other hand, a drug dependent who is
years and 1 day is found by the prosecutor or by the court, to be a drug dependent, not rehabilitated after a second commitment shall, upon conviction, suffer the
proceedings shall be suspended and copies of the record of the case shall be same penalties provided for under Sec. 15.
transmitted to the Board.
o If, after medical examination, the Board determines that commitment is required Provisions applicable to first-time minor offender
by public interest, it shall file a petition with the RTC of the province or city where 1) Suspension of sentence of a first-time minor offender (Sec. 66)
the accused is being investigated or tried. - If accused is over 15 years of age at the time of the commission of the
o If the court finds him to be a drug dependent, it shall order his/her commitment to a offense in Sec. 11, but not more than 18 years of age at the time when
Center. judgment should have been promulgated after having been found guilty,
o The head of said Center shall submit to the court every 4 months, or as often as the his/her sentence may be suspended, subject to the following: NNF
court may require, a written report on the progress of the treatment. a) No previous conviction of violation of any provisions of RA 9165, RPC or of
o If the dependent is rehabilitated, as certified by the Center and the Board, he/she any special penal laws;
shall be returned to the court for his/her discharge therefrom. b) No previous commitment to a Center or to the care of a DOH-accredited
o His/her prosecution shall then be instituted or shall continue. If convicted, but physician;
accused is certified by the Center to have maintained good behavior, the judgment c) Favorable recommendation of the Board
shall indicate that he/she shall be given full credit for the period he/she was confined - He/she shall be under supervision and rehabilitative surveillance of the Board for
in the Center. a period from 6 months to 18 months.

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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
- Upon recommendation of the Board, the court may commit the accused under - Under the supervision and rehabilitative surveillance of the Board.
suspended sentence to a Center, or to the care of a DOH-accredited physician for - Thereafter, the Board shall render a report on compliance, and the court may
at least 6 months, with after-care and follow-up program not more than 18 require extension of community service or order a final discharge.
months. - Period spent in the Center during suspended sentence shall be deducted
- In case of minors under 15 years of age at the time of commission, PD 604 from the sentence to be served.
(Child and Youth Welfare Code), as amended shall apply.
A parent, spouse or guardian who refuses to cooperate with the Board or any concerned
2) Discharge after compliance with conditions of suspended sentence of a first- agency, without valid reasons, may be cited for contempt by the court. (Sec. 73)
time minor offender
- Upon favorable recommendation of the Board, the court shall discharge the In importation of dangerous drugs, there must be proof that the ship came from a
accused and dismiss all proceedings. foreign port.
- The court shall then enter an order to expunge all official records, other than
the confidential record to be retained by the DOJ. Such order, which shall be kept When a foreign vessel is anchored in any of our ports after arriving direct from a foreign
confidential, shall restore the accused to his/her status prior to the case. country, mere possession of illegal drugs therein is punishable. HOWEVER, when
- He/she shall not be held thereafter to be guilty of perjury, concealment such vessel is in transit, it is not punishable.
or misrepresentation by reason of his/her failure to acknowledge the case or
recite any fact related thereto in response to an inquiry. Elements of Illegal Sale
Taken from People vs. Evangelista, 534 SCRA 245 and People vs. Santiago, 539 SCRA 198:
3) Privilege of suspended sentence to be availed of only once by a first-time a) Identities of the buyer, seller, object (thing to be sold) and consideration (price)
minor offender b) Delivery of the thing sold and payment of the price

4) Promulgation of sentence for first-time minor offender There are 2 additional details from People vs. Pendatun, 434 SCRA 148:
- If accused violates any of the conditions of his/her suspended sentence and a) The accused sold and delivered the drug to another person
the applicable rules and regulations of the Board, the court shall pronounce b) He knew that he sold and delivered a dangerous drug
judgment of conviction and he/she shall then serve sentence.
Kinds of Possession
5) Probation or community service for a first-time minor offender in lieu of Actual and constructive possession. Constructive possession happens when the
imprisonment (Sec. 70) drug is under the control of the accused or if he has the right to exercise dominion and
a) Probation control over the place where the drugs are. Constructive possession can be exclusive as
- The accused may be placed under probation even if the sentence provided is well as joint. (People vs. Huang, 439 SCRA 350) People vs. Tira (430 SCRA 134) gives us
higher than that provided under existing laws on probation, or render community 2 sets of elements for actual possession:
service in lieu of imprisonment. Illegal drugs:
- Supervision and rehabilitative surveillance shall be undertaken by the Board a) Actual possession of an illegal drug
through the DOH in coordination with the Board of Pardons and Parole and the b) Possession is not authorized by law
Probation Administration. c) Accused freely and consciously possessed the drug
- Upon compliance with the conditions of the probation, the Board shall submit a
written report to the court recommending termination of probation and final Controlled precursors and essential chemicals/regulated drugs:
discharge of the probationer, whereupon the court shall issue such an order. a) Accused is found in possession of a regulated drug
b) He is not authorized by law or duly-constituted authority (ex. he doesn't have
b) Community service a doctor's prescription)
- Shall apply only to violators of Sec. 15. c) He knows that the drug is regulated
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In both instances (sale and possession of illegal drugs), the State has to prove as well the plastic container when it was handed to him and testify on the procedure he took
corpus delicti, the body of the crime. (People v. Coreche) It must be shown that the afterwards to preserve its integrity.
suspected substance the police officers seized from the accused is the same thing
presented in court during the trial. (People v. Ditona) 3) If sealing has not been made, prosecution would have to present every police
officer, messenger, laboratory technician, and storage personnel, the
Possession vs. Sale entire chain of custody, no matter how briefly ones possession has been, in order
Possession and sale are different crimes. When a person is arrested while selling drugs, to testify that the substance has not been tampered with or substituted while in
the possession of the drugs he has are absorbed into the sale. Hence, the only crime his care.
committed is sale (People vs. Catan, 205 SCRA 235.) The EXCEPTION is if the accused sold
the drugs but has some more in his possession (People vs. Angeles (218 SCRA 352.) If o Exceptions to chain of custody requirement
that happens, he will be tried for both possession and sale. - Non-compliance with the chain of custody requirement does not render an
accuseds arrest illegal or make the items seized inadmissible. What is imperative
Receipt of Payment is the preservation of the integrity and the evidential value of the seized
A basic rule in civil law is that there is already a sale when the seller agrees to sell and the items as the same would be utilized in the determination of the guilt or
buyer agrees to buy. This is also considered in RA 9165. There is already a sale when innocence of the accused.
the buyer agrees to buy and the seller agrees to sell. Consequently, payment of the - The prosecution must recognize and explain the lapse or lapses in the prescribed
money for a buy-bust operation isn't necessary anymore (People vs Yang, 423 SCRA 82.) procedures and must likewise demonstrate that the integrity and evidentiary value
In fact, even if the "buyer" did not have the money, there is already a sale if he agreed to of the evidence seized have been preserved.
buy (People vs. Macasa 229 SCRA 422.)
o Physical inventory and photograph requirement under Sec. 21 of the IRR
Chain of custody in drugs cases vis--vis marking of seized evidence
This establishes the identity of the subject substance. It requires that testimony be - The apprehending officer/team having initial custody and control of the drugs
presented about every link in the chain, from the moment the item is seized up to the time shall, immediately after seizure and confiscation, physically inventory and
it is offered in evidence. When nagging doubts persist on whether the item confiscated photograph the same in the presence of:
is the same specimen examined and established to be a prohibited drug, there can be 1) the accused or the person/s from whom such items were confiscated and/or
no crime of illegal possession. seized, or his/her representative or counsel,
2) a representative from the media and the DOJ, and
o Procedure (People vs. Habana) 3) any elected public official who shall be required to sign the copies of the
1) Police officer who seizes the suspected substance turns it over to a supervising inventory and be given a copy thereof.
officer who would send it by courier to the police crime laboratory for testing. - Where physical inventory and photograph is conducted:
The officer should place his marking on its plastic container and seal the same, 1) Seizures covered by search warrants in the place where the search
preferably with adhesive tape. This will ensure that at the trial, he can identify the warrant was served
seized substance and the procedure he observed to preserve its integrity until it 2) Warrantless seizures (e.g., buy-bust operation) at the nearest police
reaches the crime laboratory. station or office of the apprehending officer/team, whichever is practicable;
If the substance is not in a plastic container, the officer should put it in one and may also be conducted at the place where they were seized in keeping with
seal the same. the laws intent of preserving their integrity and evidentiary value

2) After the laboratory technician tests and verifies the nature of the substance in the - Marking the placing by the apprehending officer or the poseur-buyer of
container, he should put his own mark on the plastic container and seal it again his/her initials and signature on the item/s seized. Marking should be done (1)
with a new seal. At the trial, he can then describe the sealed condition of the in the presence of the apprehended violator (2) immediately upon
confiscation.
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Penalty for marijuana (People vs. Lascano, citing People vs. Simon and People For the arresting officers failure to adduce justifiable grounds, we are led to conclude from the
vs. De Lara) totality of the procedural lapses committed in this case that the arresting officers deliberately
1) 750 grams or more reclusion perpetua disregarded the legal safeguards under RA 9165. These lapses effectively produced
2) 500 grams to 749 grams reclusion temporal serious doubts on the integrity and identity of the corpus delicti, especially in the
3) 250 grams to 499 grams prision mayor face of allegations of frame-up.
4) Below 250 grams prision correccional
[The next few cases tackle the constitutionality of Sec. 36 of RA 9165 on authorized drug
Mere possession of a prohibited drug constitutes prima facie evidence of knowledge or testing, specifically the following subsections:
animus possidendi sufficient to convict an accused in the absence of any satisfactory (c) random drug test of students of secondary and tertiary schools
explanation. Moreover, the finding of illicit drugs and paraphernalia in a house or (d) random drug test of officers and employees of public and private offices
building owned or occupied by a particular person raises the presumption of knowledge (f) mandatory drug test of persons charged before the prosecutors office with a criminal
and possession thereof which, standing alone, is sufficient to convict. (People vs. Lagman, offense having an imposable penalty of imprisonment of not less than 6 years and 1 day
citing People vs. Torres) (g) mandatory drug test of candidates for public office whether appointed or elected]

Buy-bust Operation Pimentel vs. Comelec (GR 161658)


They are presumed to be regular operations UNLESS the accused can prove that they Pimentel claims that Sec. 36(g) of RA 9165 and COMELEC Resolution No. 6486 illegally impose
were not and that there was a frame-up (People vs Agustin, 215 SCRA 725.) Frame-up, an additional qualification on candidates for senator. He points out that, subject to the
also known as inducement, is easy to fabricate and must be disregarded UNLESS the provisions on nuisance candidates, a candidate for senator needs only to meet the
evidence is clear and convincing. A sale happens when the transaction is consummated qualifications laid down in Sec. 3, Art. VI of the Constitution. Beyond these stated
and may be on payment or delivery (People vs Ponsica, 230 SCRA 87.) What matters is qualification requirements, candidates for senator need not possess any other
that the accused was caught in the act (People vs. Aspiras, 376 SCRA 546.) qualification to run for senator and be voted upon and elected as member of the
Senate. The Congress cannot validly amend or otherwise modify these qualification standards,
Mere acting as a broker is already sufficient to commit the crime of selling drugs (People as it cannot disregard, evade, or weaken the force of a constitutional mandate, or alter or
vs. Agustin.) enlarge the Constitution.

People of the Phils. vs. Umipang (GR 190321) Pimentels contention is well-taken. Accordingly, Sec. 36(g) of RA 9165 should be, as it is
Minor deviations from the procedures under RA 9165 would not automatically exonerate an hereby declared as, unconstitutional. It is basic that if a law or an administrative rule
accused from the crimes of which he or she was convicted. This is especially true when the violates any norm of the Constitution, that issuance is null and void and has no effect. The
lapses in procedure were recognized and explained in terms of justifiable grounds. There must Constitution is the basic law to which all laws must conform; no act shall be valid if it conflicts
also be a showing that the police officers intended to comply with the procedure but were with the Constitution. In the discharge of their defined functions, the three departments of
thwarted by some justifiable consideration/reason. government have no choice but to yield obedience to the commands of the Constitution.
Whatever limits it imposes must be observed.
However, when there is gross disregard of the procedural safeguards prescribed in the
substantive law, serious uncertainty is generated about the identity of the seized items SJS vs. DDB, PDEA (GR 157870)
that the prosecution presented in evidence. This uncertainty cannot be remedied by simply In its Petition for Prohibition under Rule 65, petitioner Social Justice Society (SJS), a registered
invoking the presumption of regularity in the performance of official duties, for a gross, political party, seeks to prohibit the Dangerous Drugs Board (DDB) and the Philippine Drug
systematic, or deliberate disregard of the procedural safeguards effectively produces an Enforcement Agency (PDEA) from enforcing paragraphs (c), (d), (f), and (g) of Sec. 36 of RA
irregularity in the performance of official duties. As a result, the prosecution is deemed to have 9165 on the ground that they are constitutionally infirm.
failed to fully establish the elements of the crimes charged, creating reasonable
doubt on the criminal liability of the accused. The issue tendered as to the constitutionality of mandatory but random drug testing of students
is one of first impression. The court thus deduced from US jurisprudence that: (1) schools and
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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
their administrators stand in loco parentis with respect to their students; (2) minor students being suspicionless are antithetical to their being made defendants in a criminal complaint.
have contextually fewer rights than an adult, and are subject to the custody and supervision They are not randomly picked; neither are they beyond suspicion.
of their parents, guardians, and schools; (3) schools, acting in loco parentis, have a duty to
safeguard the health and well-being of their students and may adopt such measures as may When persons suspected of committing a crime are charged, they are singled out and are
reasonably be necessary to discharge such duty; and (4) schools have the right to impose impleaded against their will. The persons thus charged, by the bare fact of being haled before
conditions on applicants for admission that are fair, just, and non-discriminatory. the prosecutors office and peaceably submitting themselves to drug testing, if that be the
case, do not necessarily consent to the procedure, let alone waive their right to privacy. To
The Court is of the view and so holds that the provisions of RA 9165 requiring impose mandatory drug testing on the accused is a blatant attempt to harness a
mandatory, random, and suspicionless drug testing of students are constitutional. medical test as a tool for criminal prosecution, contrary to the stated objectives of
Indeed, it is within the prerogative of educational institutions to require, as a condition for RA 9165. Drug testing in this case would violate a persons right to privacy
admission, compliance with reasonable school rules and regulations and policies. To be sure, guaranteed under Sec. 2, Art. III of the Constitution. Worse still, the accused persons
the right to enroll is not absolute; it is subject to fair, reasonable, and equitable are veritably forced to incriminate themselves.
requirements.
People vs. Fundales, Jr. (GR 184606)
With regard to the random drug test of officers and employees of public and private offices, Section 86 of RA 9165 deals with inter-agency relations of the PNP and other law enforcement
taking into account the reduced expectation of privacy on the part of the employees, the agencies with the PDEA. It is an administrative provision designating the PDEA as the lead
compelling state concern likely to be met by the search, and the well-defined limits set forth in agency in dangerous drugs cases. We have already ruled that nothing in RA 9165 suggests
the law to properly guide authorities in the conduct of the random testing, we hold that the that it is the intention of the legislature to make an arrest in drugs cases illegal if
challenged drug test requirement is, under the limited context of the case, made without the participation of the PDEA. In the implementing rules and regulations
reasonable and, ergo, constitutional. of RA 9165, Section 86(a) clearly states:

Like their counterparts in the private sector, government officials and employees also (a) Relationship/Coordination between the PDEA and Other Agencies. The PDEA shall be
labor under reasonable supervision and restrictions imposed by the Civil Service the lead agency in the enforcement of the Act, while the PNP, the NBI and other law
law and other laws on public officers, all enacted to promote a high standard of enforcement agencies shall continue to conduct anti-drug operations in support of the PDEA
ethics in the public service. And if RA 9165 passes the norm of reasonableness for xxx Provided, finally, that nothing in this IRR shall deprive the PNP, the NBI, other law
private employees, the more reason that it should pass the test for civil servants, enforcement personnel and the personnel of the Armed Forces of the Philippines
who, by constitutional command, are required to be accountable at all times to the (AFP) from effecting lawful arrests and seizures in consonance with the provisions of
people and to serve them with utmost responsibility and efficiency. Section 5, Rule 113 of the Rules of Court.

Laserna v. DDB, PDEA (GR 158633) Suffice it to state that in this case, the danger of abuse that the provision seeks to prevent is
Petitioner Atty. Manuel J. Laserna, Jr., as citizen and taxpayer, also seeks in his Petition for not present. We therefore see no reason why the non-participation of the PDEA would render
Certiorari and Prohibition under Rule 65 that Sec. 36(c), (d), (f), and (g) of RA 9165 be struck the arrest illegal and the evidence obtained therein inadmissible considering that the integrity
down as unconstitutional for infringing on the constitutional right to privacy, the right against and evidentiary value of the seized prohibited substances and dangerous drugs have been
unreasonable search and seizure, and the right against self-incrimination, and for being properly preserved.
contrary to the due process and equal protection guarantees.
Estipona vs. Lobrigo (GR 226679)
We find the situation entirely different in the case of persons charged before the public FACTS:
prosecutors office with criminal offenses punishable with 6 years and 1 day imprisonment. Estipona is the accused in a criminal case for violation of Sec. 11, Art. II of RA 9165 (Possession
The operative concepts in the mandatory drug testing are randomness and of Dangerous Drugs). He filed a Motion to Allow the Accused to Enter into a Plea Bargaining
suspicionless. In the case of persons charged with a crime before the prosecutors office, a Agreement, praying to withdraw his not guilty plea and, instead, to enter a plea of guilty for
mandatory drug testing can never be random or suspicionless. The ideas of randomness and violation of Sec. 12, Art. II of RA 9165 (Possession of Equipment, Instrument, Apparatus and
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REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
Other Paraphernalia for Dangerous Drugs) with a penalty of rehabilitation in view of his being
a first-time offender and the minimal quantity (0.084 g) of the drug seized in his possession.
He argued that Sec. 23 of RA 9165 (Plea-Bargaining Provision) violates: (1) the intent of the
law expressed in paragraph 3, Sec. 2 thereof; (2) the rule-making authority of the Supreme
Court; and (3) the principle of separation of powers among the three equal branches of the
government.

The prosecution moved for the denial of the motion. Respondent Judge Lobrigo issued an
Order denying Estiponas motion. Estipona filed a motion for reconsideration, but it was denied.

ISSUE:
WON Sec. 23 of RA 9165, which prohibits plea bargaining in all violations of the said law, is
unconstitutional.

HELD:
(1) YES. The power to promulgate rules of pleading, practice and procedure is now the
Supreme Courts exclusive domain and no longer shared with the Executive and Legislative
departments.

Carpio-Morales v Court of Appeals (Sixth Division) further elucidated:


While the power to define, prescribe, and apportion the jurisdiction of the
various courts is, by constitutional design, vested unto Congress, the power
to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts
belongs exclusively to this Court.
xx xx
In Echegaray v. Secretary of Justice (Echegaray), the Court traced the
evolution of its rule-making authority, which, under the 1935 and 1973
Constitutions, had been priorly subjected to a power-sharing scheme with
Congress. As it now stands, the 1987 Constitution textually altered the old
provisions by deleting the concurrent power of Congress to amend
the rules, thus solidifying in one body the Court's rule-making
powers, in line with the Framers' vision of institutionalizing a [s]tronger
and more independent judiciary."

The separation of powers among the three co-equal branches of our government has
erected an impregnable wall that keeps the power to promulgate rules of pleading, practice
and procedure within the sole province of this Court. The other branches trespass upon
this prerogative if they enact laws or issue orders that effectively repeal, alter or modify
any of the procedural rules promulgated by the Court.
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