CAREER DEVELOPMENT

PROGRAM FOR COURT

LEGAL RESEARCHERS
TOMAS KEN D. ROMAQUIN, Jr.
Presiding Judge, RTC Br. 24, Biñan City, Laguna
CRIMES PUNISHABLE
BY SPECIAL LAWS

2
Republic Act No. 9165
What are Dangerous Drugs?
Those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules annexed to the
1971 Single Convention on Psychotropic Substances

as enumerated in the attached annex which is an

integral part of Republic Act No. 9165.
Dangerous Drugs include the following:

Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other

name

Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, 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, flowering or fruiting tops, or any part or portion of the
plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever.
Methylenedioxymethamphetam
ine (MDMA)or commonly
known as "Ecstasy", or by its
any other name.

Refers to the drug having such

chemical composition,
including any of its isomers or
derivatives in any form.
Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth",
or by its any other name

Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
Opium

Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine
or any alkaloid of 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 for use or not.
Controlled Precursors and Essential
Chemicals
Include those listed in Tables I and II of the
1988 UN Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic
Substances

as enumerated in the attached annex, which

is an integral part of Republic Act No. 9165.
Crimes Punishable under the Dangerous
Drugs Act
1. Possession of Dangerous Drugs
(Section 11, R.A. No. 9165)

Elements:

[1] the accused was in possession of dangerous drugs;

[2] such possession was not authorized by law; and

[3] the accused was freely and consciously aware of being in

possession of dangerous drugs.

(People vs. Salim Ismael, G.R. No. 208093, February 20, 2017)
The prosecution must prove that the accused had the intent to
possess (animus possidendi) the drugs.

Possession, under the law, includes not only actual possession,

but also constructive possession.

Actual possession exists when the drug is in the immediate

physical possession or control of the accused.

Constructive possession exists when the drug is under the

dominion and control of the accused or when he has the right to
exercise dominion and control over the place where it is found.

Exclusive possession or control is not necessary. The accused

cannot avoid conviction if his right to exercise control and
dominion over the place where the contraband is located, is
shared with another.
Conviction need not be predicated upon exclusive possession,
and a showing of non-exclusive possession would not
exonerate the accused.

However, the prosecution must prove that the accused had

knowledge of the existence and presence of the drug in the
place under his control and dominion and the character of the
drug.

Since knowledge by the accused of the existence and character

of the drugs in the place where he exercises dominion and
control is an internal act, the same may be presumed from the
fact that the dangerous drugs is in the house or place over
which the accused has control or dominion, or within such
premises in the absence of any satisfactory explanation.

(People vs. Lito Macabare, August 24, 2009, G.R. No. 179941)
Penalty: life imprisonment to death
fine P500,000.00 to P10,000,000.00

For possession in the following quantities:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride
or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin
oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as
"ecstasy",
Otherwise, the penalties shall be graduated, thus:
a. Life imprisonment
Fine from P400,000.00 to P500,000.00,

if the quantity of "shabu" is 10 grams or more but less than 50 grams;

b. Imprisonment of 20 years and 1 day to life imprisonment

Fine from P400,000.00 to P500,000.00,

if the quantities of dangerous drugs are 5 grams or more but less than 10 grams
of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, or "shabu", or other dangerous drugs like
ecstasy or 300 grams or more but less than 500 grams of marijuana; and

c. Imprisonment of 12 years and 1 day to 20 years

Fine from P300,000.00 to P400,000.00,

if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, "shabu", or other dangerous drugs or less than 300 grams of
marijuana.
2. Use of Dangerous Drugs
(Section 15, R.A. No. 9165)

A person apprehended or arrested,

who is found to be positive for use
of any dangerous drug, after a
confirmatory test

Confirmatory Test

An analytical test using a device, tool or equipment with a different

chemical or physical principle that is more specific which will validate
and confirm the result of the screening test.

Screening Test

A rapid test performed to establish potential/presumptive positive

result.
The elements are:
(1) the accused was arrested;
(2) the accused was subjected to drug test; and
(3) the confirmatory test shows that he used a
dangerous drug.
"a person apprehended or arrested" cannot literally mean
any person apprehended or arrested for any crime. The
phrase must be read in context and understood in
consonance with R.A. 9165. Section 15 comprehends
persons arrested or apprehended for unlawful acts listed
under Article II of the law.

To make the provision applicable to all persons arrested or

apprehended for any crime not listed under Article II is
tantamount to unduly expanding its meanin

(Jaime Dela Cruz vs. People, G.R. No. 200748, July 23, 2014)
Penalty:

For the First Offense - minimum of 6 months rehabilitation in a

government center

For the Second Offense - 6 years and 1 day to 12 years and fine ranging
from P50,000.00 to P200,000.00

Provided, That this Section shall not be applicable where the person
tested is also found to have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this Act, in which case
the provisions stated therein shall apply.
3. Sale, Trading, Administration,
Dispensation, Delivery,
Distribution and Transportation of
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
(Section 5, R.A. No. 9165).

Sell
Any act of giving away any
dangerous drug and/or controlled
precursor and essential chemical
whether for money or any other
consideration.
The following elements must be proved:

(1) the identity of the buyer and the seller, the object
and the consideration; and
(2) the delivery of the thing sold and the payment
therefor.

What is material in a prosecution for illegal sale of

dangerous drugs is the proof that the transaction or
sale actually took place, coupled with the presentation
in court of the corpus delicti“

(People vs. Jay Montevirgen,

G.R. No. 189840 December 11, 2013)
Trade
Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as,
but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in
any of such transactions whether for money or any
other consideration in violation of this Act.
Administer
Any act of introducing any dangerous drug
into the body of any person, with or without
his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing
any act of indispensable assistance to a person
in administering a dangerous drug to
himself/ herself unless administered by a
duly licensed practitioner for purposes of
medication.
Dispense
Any act of giving away, selling or
distributing medicine or any dangerous
drug with or without the use of
prescription.
Deliver
Any act of knowingly
passing a dangerous
drug to another,
personally or
otherwise, and by any
means, with or
without consideration
Penalty:

1. life imprisonment to death

fine from P500,000.00 to P10,000,000.00;
relating to any dangerous drug, 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.

2.. imprisonment from 12 years and 1 day

to 20 years and Fine from P100,000.00 to
P500,000.00; relating to any controlled
precursor and essential chemical, or shall
act as a broker in such transactions.
Maximum penalty is imposed in the following instances:

(a) If the sale, trading, administration, dispensation, delivery,

distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one
hundred (100) meters from the school.

(b) 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 chemicals trade.

(c) 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.

(d) if he is the Financier or the person who pays for, raises or

supplies money for, or underwrites any of the illegal activities
The penalty of 12 years and 1 day to 20 years of
imprisonment and a fine ranging from P100,000.00 to
P500,000.00 shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under
this Section.

Protector/Coddler

Any person who knowingly and willfully consents to the

unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to prevent the
arrest, prosecution and conviction of the violator.
4. Maintenance of a Den, Dive or Resort
(Section 6, R.A. No. 9165)
Den, Dive or Resort

A place where any dangerous drug and/or controlled precursor

and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
Penalty:

life imprisonment to death

Fine from P500,000.00 to P10,000,000.00
upon any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold in any
form.

imprisonment 12 years and 1 day to 20 years and fine from

P100,000.00 to P500,000.00
upon any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential
chemical is used or sold in any form.
5. Employees and Visitors of a Den, Dive
or Resort.
Employee of Den, Dive or Resort
The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner
and/or operator where any dangerous drug
and/or controlled precursor and essential
chemical is administered, delivered,
distributed, sold or used, with or without
compensation, in connection with the operation
thereof.
Penalty:
imprisonment from 12 years and 1 day to 20
years
fine from P100,000.00 to P500,000.00
(a) Any employee of a den, dive or resort,
who is aware of the nature of the place as such;
and
(b) Any person who, not being included in
the provisions of the next preceding paragraph,
is aware of the nature of the place as such and
shall knowingly visit the same.
6. Importation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
(Section 4, R.A. No. 9165)

any person, who, unless authorized by law, shall import or bring

into the Philippines any dangerous drug, regardless of the quantity
and purity involved
life imprisonment to death and fine of Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) for dangerous
drugs

Imprisonment of twelve (12) years and one (1) day to twenty (20)
years and fine of One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) for controlled precursor and
essential chemical.

The maximum penalty if: (a) through use of diplomatic passport,

diplomatic facilities or other means involving his/her official status.
In addition, diplomatic passport confiscated and canceled;
(b) organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

Twelve (12) years and one (1) day to twenty (20) years imprisonment
and fine of One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) -"protector/coddler" of any
violator under this Section.
7. Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals
(Section 8, R.A. No. 9165)
Manufacture

The production, preparation, compounding or processing of any

dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis,
and shall include any packaging or 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, packaging or labeling of a drug or other substances
by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the
course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that
are not intended for sale or for any other purpose.
Penalty:

Life imprisonment to death and fine of Five hundred

thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) - manufacture dangerous drug.

Twelve (12) years and one (1) day to twenty (20) years and
a fine of One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) - manufacture
controlled precursor and essential chemical.
Aggravating circumstance if the clandestine laboratory is
undertaken or established under the following:

(a) Any phase of manufacturing conducted in presence or with

help of minor/s:

(b) Any phase of manufacturing established or undertaken

within one hundred (100) meters of residential, business,
church or school premises;

(c) Clandestine laboratory secured or protected with booby

traps;

(d) Any clandestine laboratory was concealed with legitimate

business operations; or

(e) Employment of a practitioner, chemical engineer, public

official or foreigner.
The maximum penalty 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.
The presence of any controlled precursor
and essential chemical or laboratory
equipment in the clandestine laboratory is
a prima facie proof of manufacture of any
dangerous drug.
Clandestine Laboratory
Any facility used for the illegal
manufacture of any dangerous drug
and/or controlled precursor and essential
chemical.
 8. Illegal Chemical Diversion of
Controlled Precursors and Essential
Chemicals
(Section 9, R.A No. 9165)

Chemical Diversion

The sale, distribution, supply or transport of legitimately imported, in-

transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, 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 of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.
9. Possession of Equipment, Instrument, Apparatus
and Other Paraphernalia for Dangerous Drugs
(Section 12, R.A. No. 9165)

Instrument
Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.

Laboratory Equipment
The paraphernalia, apparatus, materials or appliances when used,
intended for use or designed for use in the manufacture of any dangerous
drug and/or controlled precursor and essential chemical, such as reaction
vessel, preparative/purifying equipment, fermentors, separatory funnel,
flask, heating mantle, gas generator, or their substitute.
Penalty:
The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess or
have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the
body
10. Possession of Dangerous Drugs During Parties,
Social Gatherings or Meetings (Section 13, R.A. No.
9165)
Any person found possessing any dangerous drug during a
party, or at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the
maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous
drugs.
11. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During Parties,
Social Gatherings or Meetings
(Section 14, R.A. No. 9165)
The maximum penalty provided for in Section 12 of this Act shall be
imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous
drug into the body, during parties, social gatherings or meetings, or
in the proximate company of at least two (2) persons.
12. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof (Section
16, R.A. No. 9165)

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.
Penalty:
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) shall
be imposed upon any person, who shall plant, cultivate
or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be
classified as a dangerous drug or as a source from
which any dangerous drug may be manufactured or
derived
The land or portions thereof and/or greenhouses on which any of
said plants is 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 the exercise of due
diligence on his/her part.

If the land involved is part of the public domain, the maximum

penalty provided for under this Section shall be imposed upon the
offender.

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.
13. Failure to Comply with the Maintenance
and Keeping of Original Records of
Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals
(Section 17, R.A. No. 9165)
The penalty of imprisonment ranging from one (1) year and
one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance
and keeping of the original records of transactions on any
dangerous drug and/or controlled precursor and essential
chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the 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.
14. Unnecessary Prescription of Dangerous Drugs
(Section 18, R.A. No. 9165)

Penalty: twelve (12) years and one (1) day to twenty (20) years
and a fine of One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and revocation of license
to practice

practitioner prescribes dangerous drug to person whose physical

or physiological condition does not require use or in dosage
prescribed therein, as determined by the Board in consultation
with recognized competent experts who are authorized
representatives of professional organizations of practitioners
Practitioner. – Any person who is a licensed physician, dentist,
chemist, medical technologist, nurse, midwife, veterinarian or
pharmacist in the Philippines [Section 3 (dd), Article I, RA 9165].
15. Unlawful Prescription of Dangerous Drugs
(Section 19, R.A. No. 9165)

Penalty:
life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

any person, who, unless authorized by law, shall make or issue

prescription or any other writing purporting to be a prescription
for any dangerous drug.
16. Misappropriation, Misapplication or Failure to
Account by Public Officers (Section 27, R. A. No. 9165)

*Public Officer or Employee Who Misappropriate,

Misapply or Fail to Account for confiscated, seized
and/or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
equipment, including proceeds or properties obtained
from the unlawful act committed
Penalty:
life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00), in addition to
absolute perpetual disqualification from any public
office
**Elective Local or National Official who:

a. benefited from the proceeds of trafficking of dangerous

drugs; or
b. have received any financial or material contributions or
donations from natural or juridical persons found guilty
of trafficking dangerous drugs

Penalty:
removal from office and perpetual disqualification from
holding any elective or appointive positions in the
government, its divisions, subdivisions, and
intermediaries, including government-owned or –
controlled corporations.
CRIMINAL LIABILITY OF GOVERNMENT
OFFICIALS AND EMPLOYEES (Section 28, R.A. No.
9165)

The maximum penalties of the unlawful acts provided

for in this Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if
those found guilty of such unlawful acts are
government officials and employees.
17. PLANTING OF EVIDENCE (Section 29,
R.A. No. 9165).

Any person who is found guilty of

"planting" any dangerous drug and/or
controlled precursor and essential chemical,
regardless of quantity and purity, shall
suffer the penalty of death
Planting of Evidence

The willful act by any person of maliciously and

surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of an
innocent individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Act.
18. Attempt or Conspiracy (Section 26, R.A.
No. 9165)

Any attempt or conspiracy to commit the following

unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same:

(a) Importation of any dangerous drug and/or controlled

precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled
precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs.
19. Issuance of False or Fraudulent Drug Test
Results (Section 37, RA 9165)
Any person authorized, licensed or accredited to conduct
drug examination or test, who issues false or fraudulent
drug test results knowingly, willfully or through gross
negligence.

Penalty:
six (6) years and one (1) day to twelve (12) years
imprisonment; and
One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) fine.
Revocation of the license to practice his/her profession in case
of a practitioner, and the closure of the drug testing center.
20. VIOLATION OF CONFIDENTIALITY OF
RECORDS (Section 72, R.A. No. 9165)

any person who, having official custody of or access to

the confidential records of any drug dependent under
voluntary submission programs, or anyone who, having
gained possession of said records, whether lawfully or
not, reveals their content to any person other than those
charged with the prosecution of the offenses under RA
9165 and its implementation.
Penalty:
six (6) months and one (1) day to six (6) years; and
fine of One thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00)

The maximum penalty shall be imposed, in addition to absolute

perpetual disqualification from any public office, when the
offender is a government official or employee.

Should the records be used for unlawful purposes, such as for

blackmail, the penalty imposed for the crime of violation of
confidentiality shall be in addition to whatever crime he/she
may be convicted of.
Section 60. Confidentiality of Records Under the Voluntary
Submission Program. – Judicial and medical records of drug
dependents under the voluntary submission program shall
be confidential and shall not be used against him for any
purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this
program.
21. FAILURE OR REFUSAL TO TESTIFY (Section 91,
R.A. No. 9165)

*Any member of law enforcement agency or any other

government official and employee who, after due notice,
fails or refuses, intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving
violations of RA 9165, without any valid reason.
Penalty:
not less than twelve (12) years and one (1) day to twenty
(20) years; and
fine of not less than Five hundred thousand pesos
(P500,000.00),

in addition to the administrative liability he/she may be

meted out by his/her immediate superior and/or
appropriate body.
**Failure to exert reasonable effort by the immediate
superior of the witness member of the law
enforcement agency or any other government
employee, to present the latter to the court, despite
notice.

Penalty:
not less than two (2) months and one (1) day but not
more than six (6) years;
fine of not less than Ten thousand pesos (P10,000.00)
but not more than Fifty thousand pesos (P50,000.00);
and
perpetual absolute disqualification from public office
***should immediate superior fail to notify the court of
order to transfer or re-assign the witness member of the law
enforcement agency or any other government employee .

Penalty:
not less than two (2) months and one (1) day but not more
than six (6) years;
fine of not less than Ten thousand pesos (P10,000.00) but
not more than Fifty thousand pesos (P50,000.00); and
perpetual absolute disqualification from public office.
The witness law enforcer or government employee shall
not be transferred to any other government office in
another territorial jurisdiction during the pendency of
the case in court.

However, may be transferred or re-assigned for

compelling reasons: Provided, That his/her immediate
superior shall notify the court where the case is pending
of the order to transfer or re-assign, within twenty-four
(24) hours from its approval (Section 29, Third Paragraph,
RA 9165).
Prosecution and punishment under Section 91 shall be
without prejudice to any liability for violation of any
existing law (Last Paragraph, Section 91, RA 9165).
22. DELAY AND BUNGLING IN PROSECUTION OF
DRUG CASES (Section 92, RA 9165).

Any government officer or employee tasked with the

prosecution of drug-related cases under RA 9165, who,
through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said
drug cases.
Penalty:
twelve (12) years and one (1) day to twenty (20) years

without prejudice to his/her prosecution under the

pertinent provisions of the Revised Penal Code.
RA 10640 amended Section 21, RA9165

The apprehending team having initial custody and control of

the dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation,
conduct

a physical inventory of the seized items and

photograph the same

in the presence of

the accused or the person/s from whom such items were

confiscated and/or seized, or his/her representative or
counsel,
with an elected public official and

a representative of the National Prosecution Service or the media

who shall be required to sign the copies of the inventory and be

given a copy thereof:

Provided, That the physical inventory and photograph shall be

conducted at the place where the search warrant is served; or at
the nearest police station or at the nearest office of the
apprehending officer/team, whichever is practicable, in case of
warrantless seizures.
Provided, finally, That noncompliance of these requirements
under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by
the apprehending officer/team, shall not render void and
invalid such seizures and custody over said items.
 READING OF RIGHTS OF MARKING OF
ARREST THE ACCUSED EVIDENCE

INVENTORY AND
PHOTOGRAPH
In the presence of the
accused or representative
or counsel;

elected public official

and
NPS or Media

LAB TEST
ESTIPONA vs. LOBRIGO, G.R. No. 226679, August 15,
2017

The prohibition against plea bargaining on drug cases is

invalid until and unless it is made part of the rules of
procedure through an administrative circular duly issued
for the purpose.

Section 23 of Republic Act No. 9165 is unconstitutional for

being contrary to the rule-making authority of the Supreme
Court under the Constitution.
END
 REPUBLIC ACT NO. 7610

Special Protection of Children

Against
Abuse, Exploitation and Discrimination
Act
 "CHILDREN“

person below eighteen (18) years of age

or those over but are unable to fully take care of themselves

or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability
or condition
 “CHILD ABUSE"

the maltreatment, whether habitual or not, of the child

which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty,

sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death
Child Prostitution and Other Sexual Abuse (Section 5)

CHILDREN EXPLOITED IN PROSTITUTION

AND OTHER SEXUAL ABUSE

Children, whether male or female, who

for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or
group,
indulge in sexual intercourse or lascivious conduct.
the elements of the offense are the following:

(a) The accused commits the act of sexual intercourse or

lascivious conduct;
(b) The said act is performed with a child exploited in
prostitution
or subjected to other sexual abuse; and
(c) The child, whether male or female, is below 18 years of age

(Olivarez vs. CA, G.R. No. 163866, July 29, 2005, 465 SCRA
465, 473)
 A child is deemed “subjected to other sexual abuse”
when the child indulges in lascivious conduct under the
coercion or influence of any adult.

It is inconsequential that the sexual abuse occurred only

once. As expressly provided in Section 3(b) of R.A. 7610,
the abuse may be habitual or not.
Sexual intercourse or lascivious conduct under the
coercion or influence of adult exists when there is some
form of compulsion equivalent to intimidation which
subdues free exercise of free will.

Sexual abuse involves the element of “influence” which

manifests in a variety of forms. It is defined as:

The employment, use, persuasion, inducement,

enticement or coercion of a child to engage in or assist
another person to engage in, sexual intercourse or
lascivious conduct or the molestation, prostitution, or
incest with children.
“INFLUENCE" means the "improper use of power
or trust in any way that deprives a person of free
will and substitutes another’s objective."

“COERCION" is the "improper use of power to

compel another to submit to the wishes of one who
wields it."
A minor is not capable of fully understanding or
knowing the import of her actions and in consequence,
remained vulnerable to the cajolery and deception of
adults.

Consent is immaterial in cases involving violation of

Section 5, Article III of RA 7610; as such, the argument
that minor and offender were sweethearts remains
irrelevant.
For purposes of sexual intercourse and lascivious conduct in
child abuse cases under RA 7610, the sweetheart defense is
unacceptable. A child exploited in prostitution or subjected
to other sexual abuse cannot validly give consent to sexual
intercourse with another person.

Unlike rape, therefore, consent is immaterial in cases

involving violation of Section 5, Article III of RA 7610. The
mere act of having sexual intercourse or committing
lascivious conduct with a child who is exploited in
prostitution or subjected to sexual abuse constitutes the
offense. It is a malum prohibitum, an evil that is proscribed.
A child cannot give consent to a contract under our civil
laws. This is on the rationale that she can easily be the
victim of fraud as she is not capable of fully understanding
or knowing the nature or import of her actions.

The State, as parens patriae, is under the obligation to

minimize the risk of harm to those who, because of their
minority, are as yet unable to take care of themselves fully.
Those of tender years deserve its protection.
The harm which results from a child’s bad decision in
a sexual encounter may be infinitely more damaging
to her than a bad business deal. Thus, the law should
protect her from the harmful consequences of her
attempts at adult sexual behavior.

For this reason, a child should not be deemed to have

validly consented to adult sexual activity and to
surrender herself in the act of ultimate physical
intimacy under a law which seeks to afford her special
protection against abuse, exploitation and
discrimination.
Otherwise, sexual predators will be justified, or even
unwittingly tempted by the law, to view her as fair game
and vulnerable prey.

In other words, a child is presumed by law to be incapable

of giving rational consent to any lascivious act or sexual
intercourse.
G.R. No. 198732 June 10, 2013

CHRISTIAN CABALLO, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.
WHO ARE LIABLE

(a) Those who engage in or promote, facilitate or induce

child prostitution which include, but are not limited to, the
following:

(1) Acting as procurer;

(2) Inducing a person to be a client by means of
advertisements or similar means;
(3) Taking advantage of influence or relationship to procure
a child as prostitute;
(4) Threatening or using violence towards a child to engage
him as a prostitute; or
(5) Giving monetary consideration, goods or other
pecuniary benefit to a child with intent to engage such child
in prostitution.
(b) Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse;

Provided, That when the victims is under twelve (12)

years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape
or lascivious conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion
temporal in its medium period;
(c) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment.
ATTEMPT TO COMMIT CHILD PROSTITUTION
(Section 6, RA No. 7610)

[under Paragraph (a) Section 5] Any person who, not

being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
[under paragraph (b) of Section 5] any person who
receives services from a child in a sauna parlor or bath,
massage clinic, health club and other similar
establishments.

Penalty:
Lower by two (2) degrees than that prescribed under
Section 5.
CHILD TRAFFICKING (Section 7, RA 7610)

Any person who shall engage in trading and dealing with

children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration,
or barter

Penalty:
reclusion temporal to reclusion perpetua.

maximum period when the victim is under twelve (12)

years of age.
ATTEMPT TO COMMIT CHILD TRAFFICKING
(Section 8).

(a) When a child travels alone to a foreign country without

valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or
written permit or justification from the child's parents
or legal guardian;

(b) When a person, agency, establishment or child-caring

institution recruits women or couples to bear children for
the purpose of child trafficking; or
(c)When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or

(d) When a person engages in the act of finding children

among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.
OBSCENE PUBLICATIONS AND INDECENT SHOWS
(Section 9, RA 7610).

Any person who shall hire, employ, use, persuade,

induce or coerce a child to:
1. perform in obscene exhibitions and indecent shows,
whether live or in video, or
2. model in obscene publications or pornographic
materials or
3. sell or distribute said materials
Penalty: prision mayor medium.

If the child used as a performer, subject or

seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in maximum.

Ascendant or guardian who shall cause and/or allow such

child to be employed or to participate in any acts covered
by this section

Penalty: prision mayor medium.

OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR
EXPLOITATION AND OTHER CONDITIONS
PREJUDICIAL TO CHILD’S DEVELOPMENT (Section
10, RA 7610).

Any person who shall commit any other acts of child

abuse, cruelty or exploitation or be responsible for other
conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603,
but not covered by the Revised Penal Code.

Penalty: prision mayor minimum.

Article 59 (PD 603). Crimes. - Criminal liability shall attach
to any parent who:

1. Conceals or abandons the child with intent to make such

child lose his civil status.
2. Abandons the child under such circumstances as to
deprive him of the love, care and protection he needs.
3. Sells or abandons the child to another person for
valuable consideration.
4. Neglects the child by not giving him the education
which the family's station in life and financial conditions
permit.
5. Fails or refuses, without justifiable grounds, to enroll
the child as required by Article 72.
6. Causes, abates, or permits the truancy of the child
from the school where he is enrolled.

"Truancy" as here used means absence without cause

for more than twenty schooldays, not necessarily
consecutive.

7.It shall be the duty of the teacher in charge to report

to the parents the absences of the child the moment
these exceed five schooldays.
8.Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other
acts which are inimical to his interest and welfare.

9.Inflicts cruel and unusual punishment upon the child or

deliberately subjects him to indignation and other
excessive chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or
dissolute life.
11. Permits the child to possess, handle or carry a deadly
weapon, regardless of its ownership.
12. Allows or requires the child to drive without a license
or with a license which the parent knows to have been
illegally procured. If the motor vehicle driven by the child
belongs to the parent, it shall be presumed that he
permitted or ordered the child to drive.

"Parents" as here used shall include the guardian and the

head of the institution or foster home which has custody of
the child.
Bongalon vs. People of the Philippines (G.R. No. 169533,
March 20, 2013)

It must be established beyond reasonable doubt that the

laying of hands on the minor had been intended to debase
his “intrinsic worth and dignity” as a human being, or that
there was intention to humiliate or embarrass him.

If the laying of hands have been done at the spur of the

moment and in anger (such as when overwhelmed by
fatherly concern for the personal safety of his own minor
daughters who had just suffered harm at the hands of the
minor), it may be said that there was no specific intent to
debase, degrade or demean the intrinsic worth and dignity
of a child as a human being.
b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who is ten (10) years
or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort
or similar places

Penalty: prision mayor maximum and a fine of not less

than Fifty thousand pesos (P50,000).

Provided, shall not apply to person related within the

fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
c) Any person who shall induce, deliver or offer a minor
to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph

Penalty: prision mayor medium and a fine of not less than

Forty thousand pesos (P40,000);

If perpetrator be an ascendant, stepparent or guardian of

the minor; Penalty: prision mayor maximum, a fine of not
less than Fifty thousand pesos (P50,000), and loss of
parental authority.
d) Any person, owner, manager or one entrusted with the
operation of any public or private place of
accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
person to take along with him to such place or places any
minor herein described

Penalty: prision mayor medium and fine of not less than

Fifty thousand pesos (P50,000), and the loss of license to
operate such a place or establishment.
e) Any person who shall use, coerce, force or intimidate a
street child or any other child to:

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or
pushing; or
(3) Conduct any illegal activities

Penalty: prision correccional medium to reclusion perpetua.

END