Legal Med 2.3 Dr.

Mamerto Bernabe
Dangerous Drugs Act & Generics Act August 6, 2014

OUTLINE o Committing any act of indispensable assistance to a person in

I. Republic Act 9165 (Dangerous Drugs Act of 2002) administering a dangerous drug to himself/herself unless
a. Article I - Definitions administered by a duly licensed practitioner for purposes of
b. Article II - Unlawful acts and penalties medication
c. Article III - Dangerous Drugs Tests and Record  BOARD: Refers to the Dangerous Drugs Board under Section 77, Article
Requirements IX of RA 9165
d. Article IV – Participation of the Family, Students, Teachers  CENTERS: Any of the treatment and rehabilitation centers for drug
and School Authorities in the Enforcement of this Act dependents referred to in Section 34, Article VIII of RA 9165
II. Republic Act 6675 (The Generics Act of 1988)  CHEMICAL DIVERSION: The sale, distribution, supply, or transport of
legitimately imported, in-transit, manufactured, or procured controlled
NOTE: This is quite a long trans because we decided to include the whole RA while precursors and essential chemicals, in diluted, mixtures, or in
incorporating the notes from the lecturer. Some of these he just mentioned in passing. concentrated form, to any person or entity engaged in the manufacture
Important notes from the lecturer are in italics with superscript 1. of any dangerous drug, and shall include packaging, repacking, labeling,
From the lecturer: What is important is the title in each slides (in dark and medium relabeling, or concealment of such transaction through fraud,
blue shades in this trans).
destruction of documents, fraudulent permits, misdeclaration, use of
front companies or mail fraud
REPUBLIC ACT (RA) 9165
 CLANDESTINE LABORATORY: Any facility used for the illegal
Congress of the Philippines, 12th Congress, 1st Regular Session, June 7, 2002
manufacture of any dangerous drug and/or controlled precursor and
 An act instituting the comprehensive dangerous drugs act of 2002,
essential chemical
repealing RA 6425, otherwise known as the dangerous drugs act of
 CONFIRMATORY TEST: An analytical test using a device, tool, or
1972, as amended, providing funds therefore, and for other purposes
equipment with a different chemical or physical principle that is more
 has been considered as a very good law internationally but has
specific which will validate and confirm the result of the screening test
loopholes1
 CONTROLLED DELIVERY: The investigative technique of allowing an
 The “List” at the end of the law = contains controlled substances as
unlawful or suspect consignment of any dangerous drug and/or
Nationally and Internationally recommended2
controlled precursor and essential chemical, equipment, or
o National is more comprehensive than the International
paraphernalia, or property believed to be derived directly or indirectly
recommendation
from any offense, to pass into, through, or out of the country under the
o National includes all of the International recommendations
supervision of an authorized officer, with a view to gathering evidence
o Need to memorize the list? NO. 1 to identify any person involved in any dangerous drugs related offense,
o Be familiar with it? YES. You need it in practice. 1 or to facilitate prosecution of that offense
 CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS: Include those
SECTION 1. SHORT TITLE listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic
 This act shall be known and cited as the “Comprehensive Dangerous in Narcotic Drugs and Psychotropic Substances as enumerated in the
Drugs Act of 2002” attached annex, which is an integral part of RA 9165
 CULTIVATE OR CULTURE: Any act of knowingly planting, growing,
SECTION 2. DECLARATION OF POLICY raising, or permitting the planting, growing, or raising of any plant
 Safeguards the integrity of the Philippines which is the source of a dangerous drug
 Protects the well-being of Philippine citizens from the harmful effects  DANGEROUS DRUGS: Include those listed in the Schedules annexed to
(both physical and mental) of dangerous drugs the 1961 Single Convention on Narcotic Drugs, as amended by the 1972
 Government shall pursue an intensive and unrelenting campaign Protocol, and in the Schedules annexed to the 1971 Single Convention
against trafficking and use of dangerous drugs/substances on Psychotropic Substances as enumerated in the attached annex
 Integrated system of planning, implementation, and enforcement of which is an integral part of RA 9165
anti-drug abuse policies, programs, and projects  DELIVER: Any act of knowingly passing a dangerous drug to another,
 Aim to achieve balance in the national drug control program so that personally or otherwise, and by any means, with or without
people with legitimate medical needs are not prevented from being consideration
treated with appropriate medications, which include dangerous drugs  DEN, DIVE, OR RESORT – A place where any dangerous drug and/or
 Policy of the State to provide effective mechanisms or measures to re- controlled precursor and essential chemical is administered, delivered,
integrate into society individuals who have fallen victim to drug stored for illegal purposes, distributed, sold, or used in any form.
abuse/dependence (term used to describe a place where people gather to use drugs) 1
 Sustainable programs of treatment and rehabilitation  DISPENSE: Any act of giving away, selling, or distributing medicine or
any dangerous drug with or without the use of prescription
So why teach this law to you? Because in 2010, a physician from Baguio City was
o Do physicians "dispense" drugs?
apprehended by PDEA for transporting a box of Nalbuphine, a narcotic/analgesic with
some amnesic effect.1  No, not by the definition above (by pharmacists only)
Every drug manufacturing company, school, and lab will be monitored by PDEA. Only  For physicians, use a different verb (ex. prescribe) instead of
pharmacists are allowed to carry drugs around. "dispense"
 DRUG DEPENDENCE: As based on the WHO definition, it is a cluster of
ARTICLE I: DEFINITION OF TERMS physiological, behavioral, and cognitive phenomena of variable
SECTION 3. DEFINITIONS intensity, in which the use of psychoactive drug takes on a high priority
Note: The lecturer just mentioned the terms; just know the definitions. thereby involving, among others, a strong desire or a sense of
 ADMINISTER compulsion to take the substance and the difficulties in controlling
o Any act of introducing any dangerous drug into the body of any substance-taking behavior in terms of its onset, termination, or levels
person with or without his/her knowledge, by injection, inhalation, of use
ingestion, or other means

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 LEGAL MED 2.3

 DRUG SYNDICATE: Any organized group of two (2) or more persons o opium poppy straw
forming or joining together with the intention of committing any o leaves or wrappings of opium leaves, whether prepared for use or
offense prescribed under RA 9165 not
 EMPLOYEE OF A DEN, DIVE, OR RESORT: The caretaker, helper,  OPIUM POPPY: Refers to any part of the plant of the species Papaver
watchman, lookout, and other persons working in the den, dive, or somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
resort, employed by the maintainer, owner, and/or operator where any bracteatum and Papaver rhoeas, which includes the seeds, straws,
dangerous drug and/or controlled precursor and essential chemical is branches, leaves, or any part thereof, or substances derived therefrom,
administered, delivered, distributed, sold, or used, with or without even for floral, decorative, and culinary purposes.
compensation, in connection with the operation thereof.  PDEA: Refers to the Philippine Drug Enforcement Agency under Section
 FINANCIER: Any person who pays for, raises or supplies money for, or 82, Article IX of RA 9165.
underwrites any of the illegal activities prescribed under RA 9165  PERSON: Any entity, natural, or juridical, including among others, a
 ILLEGAL TRAFFICKING: The illegal cultivation, culture, delivery, corporation, partnership, trust, or estate, joint stock company,
administration, dispensation, manufacture, sale, trading, association, syndicate, joint venture, or other unincorporated
transportation, distribution, importation, exportation, and possession organization or group capable of acquiring rights or entering into
of any dangerous drug and/or controlled precursor and essential obligations.
chemical.  PLANTING OF EVIDENCE: The willful act by any person of maliciously
 INSTRUMENT: Anything that is used in or intended to be used in any and surreptitiously inserting, placing, adding, or attaching directly or
manner in the commission of illegal drug trafficking or related offenses. indirectly, through any overt or covert act, whatever quantity of any
 LABORATORY EQUIPMENT: The paraphernalia, apparatus, materials, or dangerous drug and/or controlled precursor and essential chemical in
appliances when used, intended for use, or designed for use in the the person, house, effects, or in the immediate vicinity of an innocent
manufacture of any dangerous drug and/or controlled precursor and individual for the purpose of implicating, incriminating, or imputing the
essential chemical, such as reaction vessel, preparative/purifying commission of any violation of RA 9165.
equipment, fermentors, separatory funnel, flask, heating mantle, gas  PRACTITIONER: Any person who is a licensed physician, dentist,
generator, or their substitute. chemist, medical technologist, nurse, midwife, veterinarian, or
 MANUFACTURE pharmacist in the Philippines.
o The production, preparation, compounding, or processing of any  PROTECTOR/CODDLER: Any person who knowingly and willfully
dangerous drug and/or controlled precursor and essential consents to the unlawful acts provided for in this Act and uses hi/her
chemical, either directly or indirectly or by extraction from influence, power, or position in shielding, harboring, screening or
substances of natural origin, or independently by means of facilitating the escape of any person he/she knows, or has reasonable
chemical synthesis or by a combination of extraction and chemical grounds to believe on or suspects, has violated the provisions of this
synthesis, and shall include any packaging or repackaging of such Act in order to prevent the arrest, prosecution and conviction of the
substances, design or configuration of its form, or labeling or violator.
relabeling of its container  PUSHER: Any person who sells, trades, administers, dispenses, delivers,
o Does not include the preparation, compounding, packaging or or gives away to another, on any terms whatsoever, or distributes,
labeling of a drug or other substances by a duly authorized dispatches in transit or transports dangerous drugs or who acts as
practitioner as an incident to his/her administration or broker in any of such transactions, in violation of this Act.
dispensation of such drug or substance in the course of his/her  SCHOOL: Any educational institution, private or public, undertaking
professional practice including research, teaching, and chemical educational operation for pupils students pursuing certain studies at
analysis of dangerous drugs or such substances that are not define levels, receiving instructions from teacher, usually located in a
intended for sale or for any other purpose building or a group of buildings in a particular physical or cyber site.
 CANNABIS, "MARIJUANA", "INDIAN HEMP", etc.: Embraces every  SCREENING TEST: A rapid test performed to establish
kind, class, genus, or specie of the plant Cannabis sativa L. including, potential/presumptive positive result
but not limited to, Cannabis americana, hashish, bhang, guaza,  SELL: Any act of giving away any dangerous drug and/or precursor and
churrus, and ganjab, and embraces every kind, class, and character of essential chemical whether for money or any other consideration.
marijuana, whether dried or fresh and flowering, flowering, or fruiting  TRADING: Transactions involving the illegal trafficking of dangerous
tops, or any part or portion of the plant and seeds thereof, and all its drugs and/or controlled precursors and essential chemicals using
geographic varieties, whether as a reefer, resin, extract, tincture, or in electronic devices such as, but not limited to, text messages, email,
any form whatsoever mobile or landlines, two-way radios, internet, instant messengers, and
 METHYLENEDIOXYMETHAMPHETAMINE (MDMA), "ECTASY", etc.: – chat rooms or acting as a broker in any of such transactions, whether
Refers to the drug having such chemical composition, including any of for money or any other consideration in violation of this act.
its isomers or derivatives in any form  USE: Any act of injecting intravenously or intramuscularly, of
 METHAMPHETAMINE HYDROCHLORIDE, "SHABU", "ICE", "METH", consuming, either by chewing, smoking, sniffing, eating, eating,
etc.: Refers to the drug having such chemical composition, including swallowing, drinking, or otherwise introducing into the physiological
any of its isomers or derivatives in any form. system of the body and of the dangerous drugs.
 OPIUM
o Refers to the coagulated juice of the opium poppy (Papaver ARTICLE II: UNLAWFUL ACTS AND PENALTIES
somniferum L.) and embraces every kind, class, and character of (Sections 4-35)
opium, whether crude or prepared SECTION 4. IMPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED
o the ashes or refuse of the same PRECURSORS AND ESSENTIAL CHEMICALS
o narcotic preparations thereof or therefrom  The Penalty of life imprisonment to death and a ranging from five
o morphine or any alkaloid of opium hundred thousand pesos (P500,000.00) to Ten million pesos
o preparations in which opium, morphine or any alkaloid of opium (P10,000,000.00) shall be imposed upon any person, who, unless
enters as an ingredient authorized by law shall import or bring into the Philippines, any
o opium poppy dangerous drug, regardless of the quantity, and purity involve,

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 LEGAL MED 2.3

including any and all species of opium poppy or any part thereof or imposed upon any person, who acts as a "protector/coddler" of any
substances derived there from even for floral, decorative and culinary violator of the provisions under this Section.
purposes.
 The penalty of imprisonment ranging from twelve (12) years and one You need a special license to import drugs and its precursors. Sale, administration,
(1) day to twenty (20) years and a fine ranging from One hundred dispensing, distribution, transportation and delivery of dangerous drugs and its
precursors is illegal. You need a special license to import these. 1
thousand pesos (P100,000.00) to Five hundred thousand pesos
It these acts, you need to be a pharmacist. All the companies involved in the sale,
(P500,000.00) shall be imposed upon any person, who, unless trade, dispensing etc, would have a resident pharmacist. This pharmacist delegates
authorized by law, shall import any controlled precursor and essential the tasks to subordinates or other employees so they can do the same. 1
chemical.
 The maximum penalty provided for under this Section shall be imposed SECTION 6. MAINTENANCE OF A DEN, DIVE OR RESORT
upon any person, who, unless authorized under this Act, shall import or  The penalty of life imprisonment to death and a fine ranging from Five
bring into the Philippines any dangerous drug and/or controlled hundred thousand pesos (P500,000.00) to Ten million pesos
precursor and essential chemical through the use of a diplomatic (P10,000,000.00) shall be imposed upon any person or group of
passport, diplomatic facilities or any other means involving his/her persons who shall maintain a den, dive or resort where any dangerous
official status intended to facilitate the unlawful entry of the same. In drug is used or sold in any form.
addition, the diplomatic passport shall be confiscated and canceled.  The penalty of imprisonment ranging from twelve (12) years and one
 The maximum penalty provided for under this Section shall be imposed (1) day to twenty (20) years and a fine ranging from One hundred
upon any person, who organizes, manages or acts as a "financier" of thousand pesos (P100,000.00) to Five hundred thousand pesos
any of the illegal activities prescribed in this Section. (P500,000.00) shall be imposed upon any person or group of persons
 The penalty of twelve (12) years and one (1) day to twenty (20) years of who shall maintain a den, dive, or resort where any controlled
imprisonment and a fine ranging from One hundred thousand pesos precursor and essential chemical is used or sold in any form.
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be  The maximum penalty provided for under this Section shall be imposed
imposed upon any person, who acts as a "protector/coddler" of any in every case where any dangerous drug is administered, delivered or
violator of the provisions under this Section. sold to a minor who is allowed to use the same in such a place.
SECTION 5. SALE TRADING, ADMINSTRATION, DISPENSATION, DELIVERY,  Should any dangerous drug be the proximate cause of the death of a
DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS AND/OR person using the same in such den, dive or resort, the penalty of death
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS and a fine ranging from One million (P1,000,000.00) to Fifteen million
 The penalty of life imprisonment to death and a fine ranging from Five pesos (P500,000.00) shall be imposed on the maintainer, owner and/or
hundred thousand pesos (P500,000.00) to Ten million pesos operator.
(P10,000,000.00) shall be imposed upon any person, who, unless  If such den, dive or resort is owned by a third person, the same shall be
authorized by law, shall sell, trade, administer, dispense, deliver, give confiscated and escheated in favor of the government: Provided, That
away to another, distribute dispatch in transit or transport any the criminal complaint shall specifically allege that such place is
dangerous drug, including any and all species of opium poppy intentionally used in the furtherance of the crime: Provided, further,
regardless of the quantity and purity involved, or shall act as a broker in That the prosecution shall prove such intent on the part of the owner
any of such transactions. to use the property for such purpose: Provided, finally, That the owner
 The penalty of imprisonment ranging from twelve (12) years and one shall be included as an accused in the criminal complaint.
(1) day to twenty (20) years and a fine ranging from One hundred  The maximum penalty provided for under this Section shall be imposed
thousand pesos (P100,000.00) to Five hundred thousand pesos upon any person who organizes, manages or acts as a "financier" of any
(P500,000.00) shall be imposed upon any person, who, unless of the illegal activities prescribed in this Section.
authorized by law, shall sell, trade, administer, dispense, deliver, give  The penalty twelve (12) years and one (1) day to twenty (20) years of
away to another, distribute, dispatch in transit or transport any imprisonment and a fine ranging from One hundred thousand pesos
controlled precursor and essential chemical, or shall act as a broker in (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
such transactions. imposed upon any person, who acts as a "protector/coddler" of any
 If the sale, trading, administration, dispensation, delivery, distribution violator of the provisions under this Section.
or transportation of any dangerous drug and/or controlled precursor
and essential chemical transpires within one hundred (100) meters Any place where people would gather to use and abuse drugs is illegal and punishable
from the school, the maximum penalty shall be imposed in every case. by law. It is also illegal to be an employee or to visit such a place. 1
 For drug pushers who use minors or mentally incapacitated individuals If you happen to see a den what would you do? Report to PDEA, or PNP hotline 117.
And if you call in the next 15 minutes you can get a free shabu! That’s right, a free 1
as runners, couriers and messengers, or in any other capacity directly
kg Shabu! So call now. Anyway, you have to be sure before you report. For your own
connected to the dangerous drugs and/or controlled precursors and protection, you may not report. Be in a safe place first before you report! Must be in
essential chemical trade, the maximum penalty shall be imposed in “Plain view” (ie. shabu which is odorless). Unless if it’s marijuana, because it has an
every case. odor.
 For drug pushers who use minors or mentally incapacitated individuals There is a punishment for wrong report: Malicious prosecution or being a false
as runners, couriers and messengers, or in any other capacity directly witness. You only report “suspicious activity”. Because you don’t know if there’s a
connected to the dangerous drugs and/or controlled precursors and crime really. Only officers can do arrest. It is very difficult to do citizen’s arrest in drug
essential chemical trade, the maximum penalty shall be imposed in related activities because they have money!
every case.
 The maximum penalty provided for under this Section shall be imposed SECTION 7. EMPLOYEES AND VISITORS OF A DEN, DIVE OR RESORT
upon any person who organizes, manages or acts as a "financier" of any  The penalty of imprisonment ranging from twelve (12) years and one
of the illegal activities prescribed in this Section. (1) day to twenty (20) years and a fine ranging from One hundred
 The penalty of twelve (12) years and one (1) day to twenty (20) years of thousand pesos (P100,000.00) to Five hundred thousand pesos
imprisonment and a fine ranging from One hundred thousand pesos (P500,000.00) shall be imposed upon:
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be a) Any employee of a den, dive or resort, who is aware of the nature of
the place as such; and

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 LEGAL MED 2.3

b) Any person who, not being included in the provisions of the next will be used to plant, propagate, cultivate, grow, harvest, manufacture,
preceding, paragraph, is aware of the nature of the place as such and compound, convert, produce, process, prepare, test, analyze, pack, repack,
shall knowingly visit the same. store, contain or conceal any dangerous drug and/or controlled precursor
and essential chemical in violation of this Act.
SECTION 8. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED  The penalty of imprisonment ranging from six (6) months and one
PRECURSORS AND ESSENTIAL CHEMICALS (1) day to four (4) years and a fine ranging from Ten thousand
 The penalty of life imprisonment to death and a fine ranging Five pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
hundred thousand pesos (P500,000.00) to Ten million pesos imposed if it will be used to inject, ingest, inhale or otherwise
(P10,000,000.00) shall be imposed upon any person, who, unless introduce into the human body a dangerous drug in violation of
authorized by law, shall engage in the manufacture of any dangerous this Act.
drug.  The maximum penalty provided for under this Section shall be
 The penalty of imprisonment ranging from twelve (12) years and one imposed upon any person, who uses a minor or a mentally
(1) day to twenty (20) years and a fine ranging from One hundred incapacitated individual to deliver such equipment, instrument,
thousand pesos (P100,000.00) to Five hundred thousand pesos apparatus and other paraphernalia for dangerous drugs.
(P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and Possession of these should be associated with a positive drug test to be confirmed
essential chemical. since many of these paraphernalia are household items such as aluminum foil and
 The presence of any controlled precursor and essential chemical or spoon.1
laboratory equipment in the clandestine laboratory is a prima facie
proof of manufacture of any dangerous drug. It shall be considered an SECTION 12. POSSESSION OF DANGEROUS DRUGS
aggravating circumstance if the clandestine laboratory is undertaken or  The penalty of life imprisonment to death and a fine ranging from Five
established under the following circumstances: hundred thousand pesos (P500,000.00) to Ten million pesos
a) Any phase of the manufacturing process was conducted in the (P10,000,000.00) shall be imposed upon any person, who, unless
presence or with the help of minor/s: authorized by law, shall possess any dangerous drug in the following
b) Any phase or manufacturing process was established or undertaken quantities, regardless of the degree of purity thereof:
within one hundred (100) meters of a residential, business, church or o (1) 10 grams or more of opium;
school premises; o (2) 10 grams or more of morphine;
c) Any clandestine laboratory was secured or protected with booby traps; o (3) 10 grams or more of heroin;
d) Any clandestine laboratory was concealed with legitimate business o (4) 10 grams or more of cocaine or cocaine hydrochloride;
operations; or o (5) 50 grams or more of methamphetamine hydrochloride or
e) Any employment of a practitioner, chemical engineer, public official or "shabu";
foreigner. o (6) 10 grams or more of marijuana resin or marijuana resin
 The maximum penalty provided for under this Section shall be imposed oil;
upon any person, who organizes, manages or acts as a "financier" of o (7) 500 grams or more of marijuana; and
any of the illegal activities prescribed in this Section. o (8) 10 grams or more of other dangerous drugs such as, but
 The penalty of twelve (12) years and one (1) day to twenty (20) years of not limited to, methylenedioxymethamphetamine (MDA) or
imprisonment and a fine ranging from One hundred thousand pesos "ecstasy", paramethoxyamphetamine (PMA),
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be trimethoxyamphetamine (TMA), lysergic acid diethylamine
imposed upon any person, who acts as a "protector/coddler" of any (LSD), gamma hydroxyamphetamine (GHB), and those
violator of the provisions under this Section. similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the
Examples of precursors which are HIGHLY MONITORED: acetone, ether. 1 quantity possessed is far beyond therapeutic requirements,
You need a special license to harbor these chemicals. There is a limit, 1 liter per as determined and promulgated by the Board in accordance
month. Drug stores would report excessive purchase. 1 to Section 93, Article XI of this Act.
It would take 10 g of controlled substance for you to be incarcerated. Less than 1 L
would not make 10 g. 1
Otherwise, if the quantity involved is less than the foregoing quantities, the
SECTION9 AND 10. ILLEGAL CHEMICAL DIVERSION AND DELIVERY OF DRUG penalties shall be graduated as follows:
PARAPHERNALIA  (1) Life imprisonment and a fine ranging from Four hundred
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential thousand pesos (P400,000.00) to Five hundred thousand pesos
Chemicals. - The penalty of imprisonment ranging from twelve (12) years (P500,000.00), if the quantity of methamphetamine hydrochloride
and one (1) day to twenty (20) years and a fine ranging from One hundred or "shabu" is ten (10) grams or more but less than fifty (50) grams;
thousand pesos (P100,000.00) to Five hundred thousand pesos  (2) Imprisonment of twenty (20) years and one (1) day to life
(P500,000.00) shall be imposed upon any person, who, unless authorized by imprisonment and a fine ranging from Four hundred thousand
law, shall illegally divert any controlled precursor and essential chemical. pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, grams or more but less than ten (10) grams of opium, morphine,
and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors heroin, cocaine or cocaine hydrochloride, marijuana resin or
and Essential Chemicals. - The penalty of imprisonment ranging from twelve marijuana resin oil, methamphetamine hydrochloride or "shabu",
(12) years and one (1) day to twenty (20) years and a fine ranging from One or other dangerous drugs such as, but not limited to, MDMA or
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
(P500,000.00) shall be imposed upon any person who shall deliver, possess newly introduced drugs and their derivatives, without having any
with intent to deliver, or manufacture with intent to deliver equipment, therapeutic value or if the quantity possessed is far beyond
instrument, apparatus and other paraphernalia for dangerous drugs, therapeutic requirements; or three hundred (300) grams or more
knowing, or under circumstances where one reasonably should know, that it but less than five (hundred) 500) grams of marijuana; and

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 (3) Imprisonment of twelve (12) years and one (1) day to twenty SECTION 15. USE OF DANGEROUS DRUGS
(20) years and a fine ranging from Three hundred thousand pesos  A person apprehended or arrested, who is found to be positive for use
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if of any dangerous drug, after a confirmatory test, shall be imposed a
the quantities of dangerous drugs are less than five (5) grams of penalty of a minimum of six (6) months rehabilitation in a government
opium, morphine, heroin, cocaine or cocaine hydrochloride, center for the first offense, subject to the provisions of Article VIII of
marijuana resin or marijuana resin oil, methamphetamine this Act. If apprehended using any dangerous drug for the second time,
hydrochloride or "shabu", or other dangerous drugs such as, but he/she shall suffer the penalty of imprisonment ranging from six (6)
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and years and one (1) day to twelve (12) years and a fine ranging from Fifty
those similarly designed or newly introduced drugs and their thousand pesos (P50,000.00) to Two hundred thousand pesos
derivatives, without having any therapeutic value or if the quantity (P200,000.00): Provided, That this Section shall not be applicable where
possessed is far beyond therapeutic requirements; or less than the person tested is also found to have in his/her possession such
three hundred (300) grams of marijuana. quantity of any dangerous drug provided for under Section 11 of this
Act, in which case the provisions stated therein shall apply.
Example: physician getting caught for possession of “controlled substances” 1
SECTION 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS
SECTION 12. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND DANGEROUS DRUGS OR ARE SOURCES THEREOF
OTHER PARAPHERNALIA FOR DANGEROUS DRUGS.  The penalty of life imprisonment to death and a fine ranging from Five
 The penalty of imprisonment ranging from six (6) months and one (1) hundred thousand pesos (P500,000.00) to Ten million pesos
day to four (4) years and a fine ranging from Ten thousand pesos (P10,000,000.00) shall be imposed upon any person, who shall plant,
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed cultivate or culture marijuana, opium poppy or any other plant
upon any person, who, unless authorized by law, shall possess or have regardless of quantity, which is or may hereafter be classified as a
under his/her control any equipment, instrument, apparatus and other dangerous drug or as a source from which any dangerous drug may be
paraphernalia fit or intended for smoking, consuming, administering, manufactured or derived: Provided, That in the case of medical
injecting, ingesting, or introducing any dangerous drug into the body: laboratories and medical research centers which cultivate or culture
Provided, That in the case of medical practitioners and various marijuana, opium poppy and other plants, or materials of such
professionals who are required to carry such equipment, instrument, dangerous drugs for medical experiments and research purposes, or for
apparatus and other paraphernalia in the practice of their profession, the creation of new types of medicine, the Board shall prescribe the
the Board shall prescribe the necessary implementing guidelines necessary implementing guidelines for the proper cultivation, culture,
thereof. handling, experimentation and disposal of such plants and materials.
 The possession of such equipment, instrument, apparatus and other  The land or portions thereof and/or greenhouses on which any of said
paraphernalia fit or intended for any of the purposes enumerated in plants is cultivated or cultured shall be confiscated and escheated in
the preceding paragraph shall be prima facie evidence that the favor of the State, unless the owner thereof can prove lack of
possessor has smoked, consumed, administered to himself/herself, knowledge of such cultivation or culture despite the exercise of due
injected, ingested or used a dangerous drug and shall be presumed to diligence on his/her part. If the land involved is part of the public
have violated Section 15 of this Act. domain, the maximum penalty provided for under this Section shall be
imposed upon the offender.
Even universities which cater to pharmacy students would need a special license. The  The maximum penalty provided for under this Section shall be imposed
penalty for not getting this license is P5,000. CHEAP! (in here it is just P10,000 but in upon any person, who organizes, manages or acts as a "financier" of
the papers we fill up, it’s only P5,000)1
any of the illegal activities prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of
SECTION 13. POSSESSION OF DANGEROUS DRUGS DURING PARTIES,
imprisonment and a fine ranging from One hundred thousand pesos
SOCIAL GATHERINGS OR MEETINGS
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
 Any person found possessing any dangerous drug during a party, or at a
imposed upon any person, who acts as a "protector/coddler" of any
social gathering or meeting, or in the proximate company of at least
violator of the provisions under this Section.
two (2) persons, shall suffer the maximum penalties provided for in
Section 11 of this Act, regardless of the quantity and purity of such Planting of evidence is also illegal, a way to protect suspects. If they have proof that it
dangerous drugs. was planted, they can escape incarceration. But, if their blood is positive, it’s very hard
to say that the drugs are just”planted evidence”.
SECTION 14. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND They usually do a “panel test”, not just one drug. If you’re a user, you would have one.
OTHER PARAPHERNALIA FOR DANGEROUS DRUGS DURING PARTIES, For screen testing, they would take urine; for confirmatory test, blood is used (and
SOCIAL GATHERINGS OR MEETINGS also hair but not yet doable in the country).1
 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 SECTION 17. MAINTENANCE AND KEEPING OF ORIGINAL RECORDS OF
control any equipment, instrument, apparatus and other paraphernalia TRANSACTIONS ON DANGEROUS DRUGS AND/OR CONTROLLED
fit or intended for smoking, consuming, administering, injecting, PRECURSORS AND ESSENTIAL CHEMICALS
ingesting, or introducing any dangerous drug into the body, during  The penalty of imprisonment ranging from one (1) year and one (1) day
parties, social gatherings or meetings, or in the proximate company of to six (6) years and a fine ranging from Ten thousand pesos
at least two (2) persons. (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed
upon any practitioner, manufacturer, wholesaler, importer, distributor,
Not just the drugs, but also the equipment. It can be confiscated. You may have a dealer or retailer who violates or fails to comply with the maintenance
perfect excuse to carry these equipments because you are physicians, but you are not and keeping of the original records of transactions on any dangerous
necessarily making methampethamine, although it is very easy to make. The drug and/or controlled precursor and essential chemical in accordance
equipments are very expensive.1 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
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 LEGAL MED 2.3

business, in case of a manufacturer, seller, importer, distributor, dealer

or retailer. They may confiscate and forfeit all these things in favour of the government. Drug
paraphernalia or equipments can be donated in schools AFTER having the court
SECTION 18. UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS decision to donate them. The court will decide what to do with all the things. Court
order is also necessary for destruction of evidence. Final and executor decision is
 The penalty of imprisonment ranging from twelve (12) years and one
needed.1
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos SECTION 21. CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED,
(P500,000.00) and the additional penalty of the revocation of his/her AND/OR SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF
license to practice shall be imposed upon the practitioner, who shall DANGEROUS DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL
prescribe any dangerous drug to any person whose physical or CHEMICALS, INSTRUMENTS/PARAPHERNALIA AND/OR LABORATORY
physiological condition does not require the use or in the dosage EQUIPMENT.
prescribed therein, as determined by the Board in consultation with
 The PDEA shall take charge and have custody of all dangerous drugs,
recognized competent experts who are authorized representatives of
plant sources of dangerous drugs, controlled precursors and essential
professional organizations of practitioners, particularly those who are
chemicals, as well as instruments/paraphernalia and/or laboratory
involved in the care of persons with severe pain.
equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
SECTION 19. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS
o (1) The apprehending team having initial custody and control of
 The penalty of life imprisonment to death and a fine ranging from Five
the drugs shall, immediately after seizure and confiscation,
hundred thousand pesos (P500,000.00) to Ten million pesos
physically inventory and photograph the same in the presence of
(P10,000,000.00) shall be imposed upon any person, who, unless
the accused or the person/s from whom such items were
authorized by law, shall make or issue a prescription or any other
confiscated and/or seized, or his/her representative or counsel, a
writing purporting to be a prescription for any dangerous drug.
representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign
You can lose your license here!1 Emphasis on the penalty!
the copies of the inventory and be given a copy thereof;
o (2) Within twenty-four (24) hours upon confiscation/seizure of
SECTION 20. CONFISCATION AND FORFEITURE OF THE PROCEEDS OR
INSTRUMENTS OF THE UNLAWFUL ACT, INCLUDING THE PROPERTIES OR dangerous drugs, plant sources of dangerous drugs, controlled
PROCEEDS DERIVED FROM THE ILLEGAL TRAFFICKING OF DANGEROUS precursors and essential chemicals, as well as
DRUGS AND/OR PRECURSORS AND ESSENTIAL CHEMICALS instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory for a
 Every penalty imposed for the unlawful importation, sale, trading,
qualitative and quantitative examination;
administration, dispensation, delivery, distribution, transportation or
o (3) A certification of the forensic laboratory examination results,
manufacture of any dangerous drug and/or controlled precursor and
essential chemical, the cultivation or culture of plants which are which shall be done under oath by the forensic laboratory
sources of dangerous drugs, and the possession of any equipment, examiner, shall be issued within twenty-four (24) hours after the
instrument, apparatus and other paraphernalia for dangerous drugs receipt of the subject item/s: Provided, That when the volume of
including other laboratory equipment, shall carry with it the the dangerous drugs, plant sources of dangerous drugs, and
confiscation and forfeiture, in favor of the government, of all the controlled precursors and essential chemicals does not allow the
proceeds and properties derived from the unlawful act, including, but completion of testing within the time frame, a partial laboratory
not limited to, money and other assets obtained thereby, and the examination report shall be provisionally issued stating therein the
instruments or tools with which the particular unlawful act was quantities of dangerous drugs still to be examined by the forensic
committed, unless they are the property of a third person not liable for laboratory: Provided, however, That a final certification shall be
the unlawful act, but those which are not of lawful commerce shall be issued on the completed forensic laboratory examination on the
ordered destroyed without delay pursuant to the provisions of Section same within the next twenty-four (24) hours;
21 of this Act. o (4) After the filing of the criminal case, the Court shall, within
 After conviction in the Regional Trial Court in the appropriate criminal seventy-two (72) hours, conduct an ocular inspection of the
case filed, the Court shall immediately schedule a hearing for the confiscated, seized and/or surrendered dangerous drugs, plant
confiscation and forfeiture of all the proceeds of the offense and all the sources of dangerous drugs, and controlled precursors and
assets and properties of the accused either owned or held by him or in essential chemicals, including the instruments/paraphernalia
the name of some other persons if the same shall be found to be and/or laboratory equipment, and through the PDEA shall within
manifestly out of proportion to his/her lawful income: Provided, twenty-four (24) hours thereafter proceed with the destruction or
however, That if the forfeited property is a vehicle, the same shall be burning of the same, in the presence of the accused or the
auctioned off not later than five (5) days upon order of confiscation or person/s from whom such items were confiscated and/or seized,
forfeiture. or his/her representative or counsel, a representative from the
 During the pendency of the case in the Regional Trial Court, no media and the DOJ, civil society groups and any elected public
property, or income derived therefrom, which may be confiscated and official. The Board shall draw up the guidelines on the manner of
forfeited, shall be disposed, alienated or transferred and the same shall proper disposition and destruction of such item/s which shall be
be in custodia legis and no bond shall be admitted for the release of the borne by the offender: Provided, That those item/s of lawful
same. commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a
 The proceeds of any sale or disposition of any property confiscated or
representative sample, duly weighed and recorded is retained;
forfeited under this Section shall be used to pay all proper expenses
o (5) The Board shall then issue a sworn certification as to the fact of
incurred in the proceedings for the confiscation, forfeiture, custody and
maintenance of the property pending disposition, as well as expenses destruction or burning of the subject item/s which, together with
for publication and court costs. The proceeds in excess of the above the representative sample/s in the custody of the PDEA, shall be
expenses shall accrue to the Board to be used in its campaign against submitted to the court having jurisdiction over the case. In all
illegal drugs.
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 LEGAL MED 2.3

instances, the representative sample/s shall be kept to a minimum  “…but alcohol is also a drug it’s even a psychoactive drug and all
quantity as determined by the Board; psychoactive drugs are supposed to be monitored.”
o (6) The alleged offender or his/her representative or counsel shall o Pepper has piperidine or something like that. It has a psychoactive
substance. It makes your mood…better like Prozac
be allowed to personally observe all of the above proceedings and
o “So it’s psychoactive, it is listed internationally as one of the substances
his/her presence shall not constitute an admission of guilt. In case
that should be monitored”
the said offender or accused refuses or fails to appoint a o So you need pepper in concentrated form and 50 tablets of that to have it
representative after due notice in writing to the accused or his/her then
counsel within seventy-two (72) hours before the actual burning
or destruction of the evidence in question, the Secretary of Justice SECTION 26. ATTEMPT OR CONSPIRACY
shall appoint a member of the public attorney's office to represent  Any attempt or conspiracy to commit the following unlawful acts shall
the former; be penalized by the same penalty prescribed for the commission of the
o (7) After the promulgation and judgment in the criminal case same as provided under this Act:
wherein the representative sample/s was presented as evidence in o (a) Importation of any dangerous drug and/or controlled precursor
court, the trial prosecutor shall inform the Board of the final and essential chemical;
termination of the case and, in turn, shall request the court for o (b) Sale, trading, administration, dispensation, delivery,
leave to turn over the said representative sample/s to the PDEA distribution and transportation of any dangerous drug and/or
for proper disposition and destruction within twenty-four (24) controlled precursor and essential chemical;
hours from receipt of the same; and o (c) Maintenance of a den, dive or resort where any dangerous
o (8) Transitory Provision: a) Within twenty-four (24) hours from the drug is used in any form;
effectivity of this Act, dangerous drugs defined herein which are o (d) Manufacture of any dangerous drug and/or controlled
presently in possession of law enforcement agencies shall, with precursor and essential chemical; and
leave of court, be burned or destroyed, in the presence of o (e) Cultivation or culture of plants which are sources of dangerous
representatives of the Court, DOJ, Department of Health (DOH) drugs.
and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or SECTION 27. CRIMINAL LIABILITY AND PENALTY OF A PUBLIC OFFICER OR
destruction of seized/surrendered dangerous drugs provided EMPLOYEE
under this Section shall be implemented by the DOH. Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the Confiscated,
SECTION 22. GRANT OF COMPENSATION, REWARD AND AWARD Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
 The Board shall recommend to the concerned government agency the Drugs, Controlled Precursors and Essential Chemicals,
grant of compensation, reward and award to any person providing Instruments/Paraphernalia and/or Laboratory Equipment Including the
information and to law enforcers participating in the operation, which Proceeds or Properties Obtained from the Unlawful Act Committed.
results in the successful confiscation, seizure or surrender of dangerous  The penalty of life imprisonment to death and a fine ranging from Five
drugs, plant sources of dangerous drugs, and controlled precursors and hundred thousand pesos (P500,000.00) to Ten million pesos
essential chemicals. (P10,000,000.00), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon any public officer or
SECTION 23. PLEA-BARGAINING PROVISION employee who misappropriates, misapplies or fails to account for
 Any person charged under any provision of this Act regardless of the confiscated, seized or surrendered dangerous drugs, plant sources of
imposable penalty shall not be allowed to avail of the provision on plea- dangerous drugs, controlled precursors and essential chemicals,
bargaining. instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts as provided for
SECTION 24. NON-APPLICABILITY OF THE PROBATION LAW FOR DRUG in this Act.
TRAFFICKERS AND PUSHERS  Any elective local or national official found to have benefited from the
 Any person convicted for drug trafficking or pushing under this Act, proceeds of the trafficking of dangerous drugs as prescribed in this Act,
regardless of the penalty imposed by the Court, cannot avail of the or have received any financial or material contributions or donations
privilege granted by the Probation Law or Presidential Decree No. 968, from natural or juridical persons found guilty of trafficking dangerous
as amended. drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive
SECTION 25. QUALIFYING AGGRAVATING CIRCUMSTANCES IN THE positions in the government, its divisions, subdivisions, and
COMMISSION OF A CRIME BY AN OFFENDER UNDER THE INFLUENCE OF intermediaries, including government-owned or –controlled
DANGEROUS DRUGS corporations.
 Notwithstanding the provisions of any law to the contrary, a positive
finding for the use of dangerous drugs shall be a qualifying aggravating SECTION 28. CRIMINAL LIABILITY OF GOVERNMENT OFFICIALS AND
circumstance in the commission of a crime by an offender, and the EMPLOYEES
application of the penalty provided for in the Revised Penal Code shall  The maximum penalties of the unlawful acts provided for in this Act
be applicable. shall be imposed, in addition to absolute perpetual disqualification
 From the lecturer1 from any public office, if those found guilty of such unlawful acts are
o “So you report something like that you may get a reward”
government officials and employees.
o “You may not do plea bargaining if your case is drug-related”
o “You may not go on probation even if the case is still being heard”
Penalties of public officers, public employees are higher than private individuals.
o “…and if drugs have been found in your possession or in your system, in That’s why they have special mention.1
your body, these will not be used as a mitigating circumstance. It will
always be an aggravating circumstance.”
o “There’s only one drug that may mitigate… Alcohol.”
 because alcohol is not yet illegal
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 LEGAL MED 2.3

SECTION 29. CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE SECTION 33. IMMUNITY FROM PROSECUTION AND PUNISHMENT
 Any person who is found guilty of "planting" any dangerous drug  “For the state witnesses”1
and/or controlled precursor and essential chemical, regardless of  Notwithstanding the provisions of Section 17, Rule 119 of the Revised
quantity and purity, shall suffer the penalty of death. Rules of Criminal Procedure and the provisions of Republic Act No.
6981 or the Witness Protection, Security and Benefit Act of 1991, any
SECTION 30. CRIMINAL LIABILITY OF OFFICERS OF PARTNERSHIPS, person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of
CORPORATIONS, ASSOCIATIONS OR OTHER JURIDICAL ENTITIES this Act, who voluntarily gives information about any violation of
 In case any violation of this Act is committed by a partnership, Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any
corporation, association or any juridical entity, the partner, president, violation of the offenses mentioned if committed by a drug syndicate,
director, manager, trustee, estate administrator, or officer who or any information leading to the whereabouts, identities and arrest of
consents to or knowingly tolerates such violation shall be held all or any of the members thereof; and who willingly testifies against
criminally liable as a co-principal. such persons as described above, shall be exempted from prosecution
 The penalty provided for the offense under this Act shall be imposed or punishment for the offense with reference to which his/her
upon the partner, president, director, manager, trustee, estate information of testimony were given, and may plead or prove the giving
administrator, or officer who knowingly authorizes, tolerates or of such information and testimony in bar of such prosecution:
consents to the use of a vehicle, vessel, aircraft, equipment or other Provided, That the following conditions concur:
facility, as an instrument in the importation, sale, trading, o (1) The information and testimony are necessary for the conviction
administration, dispensation, delivery, distribution, transportation or of the persons described above;
manufacture of dangerous drugs, or chemical diversion, if such vehicle, o (2) Such information and testimony are not yet in the possession of
vessel, aircraft, equipment or other instrument is owned by or under the State;
the control or supervision of the partnership, corporation, association o (3) Such information and testimony can be corroborated on its
or juridical entity to which they are affiliated. material points;
o (4) the informant or witness has not been previously convicted of a
SECTION 31. ADDITIONAL PENALTY IF OFFENDER IS AN ALIEN crime involving moral turpitude, except when there is no other
 In addition to the penalties prescribed in the unlawful act committed, direct evidence available for the State other than the information
any alien who violates such provisions of this Act shall, after service of and testimony of said informant or witness; and
sentence, be deported immediately without further proceedings, o (5) The informant or witness shall strictly and faithfully comply
unless the penalty is death. without delay, any condition or undertaking, reduced into writing,
lawfully imposed by the State as further consideration for the
There is an additional penalty is the offender is an alien! We don’t have grant of immunity from prosecution and punishment.
death penalty here so they are deported. It is actually good for the aliens to  Provided, further, That this immunity may be enjoyed by such
be repatriated back to their countries because their countries have no informant or witness who does not appear to be most guilty for the
jurisdiction to what wrong they have done here. So they’re actually getting offense with reference to which his/her information or testimony were
out of the country for their freedom. 1 given: Provided, finally, That there is no direct evidence available for
the State except for the information and testimony of the said
“How about the Chinese? Why aren’t they repatriated? They are convicted. Because
informant or witness.
they are Filipino-Chinese.1

SECTION 34. TERMINATION OF THE GRANT OF IMMUNITY

SECTION 32. LIABILITY TO A PERSON VIOLATING ANY REGULATION ISSUED
 The immunity granted to the informant or witness, as prescribed in
BY THE BOARD
Section 33 of this Act, shall not attach should it turn out subsequently
 The penalty of imprisonment ranging from six (6) months and one (1)
that the information and/or testimony is false, malicious or made only
day to four (4) years and a fine ranging from Ten thousand pesos
for the purpose of harassing, molesting or in any way prejudicing the
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed
persons described in the preceding Section against whom such
upon any person found violating any regulation duly issued by the
information or testimony is directed against. In such case, the
Board pursuant to this Act, in addition to the administrative sanctions
informant or witness shall be subject to prosecution and the enjoyment
imposed by the Board.
of all rights and benefits previously accorded him under this Act or any
 From the lecturer1:
other law, decree or order shall be deemed terminated.
o The liability of the person violating any regulation by the board
 The Dangerous Drugs Board will issue several memoranda every year so  In case an informant or witness under this Act fails or refuses to testify
they will have specific activities like the use of ephedrine in food without just cause, and when lawfully obliged to do so, or should
supplements he/she violate any condition accompanying such immunity as provided
 Ephedrine: a stimulant. It’s also a drug in the watch list and it is an above, his/her immunity shall be removed and he/she shall likewise be
anorexant but it is more potent than methamphetamine and has more subject to contempt and/or criminal prosecution, as the case may be,
side effects” and the enjoyment of all rights and benefits previously accorded him
 It may cause depression and dehydration under this Act or in any other law, decree or order shall be deemed
 “But since it has not been made legal… even though it is in the legal… I
terminated.
read in a newspaper that it was illegal there was even a DDB
memorandum that it was illegal but you can still find some drugs with  In case the informant or witness referred to under this Act falls under
ephedrine.” the applicability of this Section hereof, such individual cannot avail of
 Not been made legal although it is legal; some drugs still have ephedrine the provisions under Article VIII of this Act.
 You’re not supposed to advertise any drug that has ephedrine. There’s
a specific DDB memorandum that if a drug has ephedrine you’re not This is for state informants or snitches or chivatos, the lowest form of life in a criminal
supposed to tell anyone that is has ephedrine” organization1
 Well if there’s ephedrine then that should not be allowed. The
supplement itself should not be allowed because it would be very liable
to abuse

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 LEGAL MED 2.3

SECTION 35. ACCESSORY PENALTIES (g) All candidates for public office whether appointed or elected
 A person convicted under this Act shall be disqualified to exercise both in the national or local government shall undergo a
his/her civil rights such as but not limited to, the rights of parental mandatory drug test.
authority or guardianship, either as to the person or property of any In addition to the above stated penalties in this Section, those found to be positive for
ward, the rights to dispose of such property by any act or any dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
conveyance inter vivos, and political rights such as but not limited to,
the right to vote and be voted for. Such rights shall also be suspended SECTION 37. ISSUANCE OR FRAUDULENT DRUG TEST REULTS
during the pendency of an appeal from such conviction.  Any person authorized, licensed or accredited under this Act and its
implementing rules to conduct drug examination or test, who issues
ARTICLE III: DANGEROUS DRUGS TEST AND RECORDS REQUIREMENT false or fraudulent drug test results knowingly, willfully or through
(Sections 36-40) gross negligence, shall suffer the penalty of imprisonment ranging from
*To ensure that drug testing lab has accurate record keeping. Records will be six (6) years and one (1) day to twelve (12) years and a fine ranging
submitted to DOH and PDEA. from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00).
SECTION 36. AUTHORIZED DRUG TESTING o An additional penalty shall be imposed through the revocation of
 Authorized drug testing shall be done by any government forensic the license to practice his/her profession in case of a practitioner,
laboratories or by any of the drug testing laboratories accredited and and the closure of the drug testing center.
monitored by the DOH to safeguard the quality of test results. The DOH
shall take steps in setting the price of the drug test with DOH accredited If you become a Pathologist then you can become the head of a laboratory, thus make
drug testing centers to further reduce the cost of such drug test. sure that your equipments are regularly calibrated negligence in the form of
 The drug testing shall employ, among others, two (2) testing methods, inaccurate results can put you in prison. 1
the screening test which will determine the positive result as well as
the type of the drug used and the confirmatory test which will confirm SECTION 38. LABORATORY EXAMINATION OR TEST ON
a positive screening test. APPREHENDED/ARRESTED OFFENDERS
 Drug test certificates issued by accredited drug testing centers shall be  Subject to Section 15 of this Act, any person apprehended or arrested
valid for a one-year period from the date of issue which may be used for violating the provisions of this Act shall be subjected to screening
for other purposes. The following shall be subjected to undergo drug laboratory examination or test within twenty-four (24) hours, if the
testing: apprehending or arresting officer has reasonable ground to believe that
(a) Applicants for driver's license. – No driver's license shall be issued the person apprehended or arrested, on account of physical signs or
or renewed to any person unless he/she presents a certification symptoms or other visible or outward manifestation, is under the
that he/she has undergone a mandatory drug test and indicating influence of dangerous drugs.
thereon that he/she is free from the use of dangerous drugs;  If found to be positive, the results of the screening laboratory
(b) Applicants for firearm's license and for permit to carry firearms examination or test shall be challenged within fifteen (15) days after
outside of residence. – All applicants for firearm's license and receipt of the result through a confirmatory test conducted in any
permit to carry firearms outside of residence shall undergo a accredited analytical laboratory equipment with a gas
mandatory drug test to ensure that they are free from the use of chromatograph/mass spectrometry equipment or some such modern
dangerous drugs: Provided, That all persons who by the nature of and accepted method, if confirmed the same shall be prima facie
their profession carry firearms shall undergo drug testing; evidence that such person has used dangerous drugs, which is without
(c) Students of secondary and tertiary schools. – Students of prejudice for the prosecution for other violations of the provisions of
secondary and tertiary schools shall, pursuant to the related rules this Act: Provided, That a positive screening laboratory test must be
and regulations as contained in the school's student handbook and confirmed for it to be valid in a court of law.
with notice to the parents, undergo a random drug testing:
All drug tests on apprehended or arrested offenders are now done by PDEA or PNP or
Provided, That all drug testing expenses whether in public or
a DOH accredited drug testing center1
private schools under this Section will be borne by the
government;
SECTION 39.ACCREDITATION OF DRUG TESTING CENTERS AND PHYSICIANS
(d) Officers and employees of public and private offices. – Officers
 The DOH shall be tasked to license and accredit drug testing centers in
and employees of public and private offices, whether domestic or
each province and city in order to assure their capacity, competence,
overseas, shall be subjected to undergo a random drug test as
integrity and stability to conduct the laboratory examinations and tests
contained in the company's work rules and regulations, which shall
provided in this Article, and appoint such technical and other personnel
be borne by the employer, for purposes of reducing the risk in the
as may be necessary for the effective implementation of this provision.
workplace. Any officer or employee found positive for use of
The DOH shall also accredit physicians who shall conduct the drug
dangerous drugs shall be dealt with administratively which shall be
dependency examination of a drug dependent as well as the after-care
a ground for suspension or termination, subject to the provisions
and follow-up program for the said drug dependent. There shall be a
of Article 282 of the Labor Code and pertinent provisions of the
control regulations, licensing and accreditation division under the
Civil Service Law;
supervision of the DOH for this purpose.
(e) Officers and members of the military, police and other law
 For this purpose, the DOH shall establish, operate and maintain drug
enforcement agencies. – Officers and members of the military,
testing centers in government hospitals, which must be provided at
police and other law enforcement agencies shall undergo an
least with basic technologically advanced equipment and materials, in
annual mandatory drug test;
order to conduct the laboratory examination and tests herein provided,
(f) All persons charged before the prosecutor's office with a criminal
and appoint such qualified and duly trained technical and other
offense having an imposable penalty of imprisonment of not less
personnel as may be necessary for the effective implementation of this
than six (6) years and one (1) day shall have to undergo a
provision.
mandatory drug test; and

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SECTION 40. RECORDS REQUIRED BY TRANSACTION ON DANGEROUS ARTICLE IV: PARTICIPATION OF THE FAMILY, STUDENTS, TEACHERS and
DRUG AND PRECURSORS AND ESSENTIAL CHEMICALS SCHOOL AUTHORITIES in the ENFORCEMENT of this ACT
 Every pharmacist dealing in dangerous drugs and/or controlled (Sections 41-46)
precursors and essential chemicals shall maintain and keep an original  Section 41: Involvement of the Family
record of sales, purchases, acquisitions and deliveries of dangerous  Section 42: Student Councils and Campus Organizations
drugs, indicating there in the following information:  Section 43: School Curricula
(1) License number and address of the pharmacist;  Section 44: Heads, Supervisors, and Teachers of Schools
(2) Name, address and license of the manufacturer, importer or  Section 45: Publication and Distribution of Materials
wholesaler from whom the dangerous drugs have been  Section 46: Special Drug Education Center tions 36-40)
purchased;
(3) Quantity and name of the dangerous drugs purchased or *Subject Head’s Notes: There are a total of 13 Articles with a grand total of
acquired; 102 sections. The lecturer only included the first few articles in his slide.
(4) Date of acquisition or purchase; Please familiarize yourself with the Section Titles and Article Headers.  For
(5) Name, address and community tax certificate number of the further reading, please refer to the link of the complete online copy in the
buyer; references below.2
(6) Serial number of the prescription and the name of the
physician, dentist, veterinarian or practitioner issuing the REPUBLIC ACT NO. 6675 THE GENERICS ACT OF 19883
same;  An act to promote, require and ensure the production of an adequate
(7) Quantity and name of the dangerous drugs sold or delivered; supply, distribution, use and acceptance of drugs and medicines identified
and by their generic names3
(8) Date of sale or delivery. Note: Questions (if ever there will be some) will come from prescription
 A certified true copy of such record covering a period of six (6) months, writing. Know the core list and complementary list.
duly signed by the pharmacist or the owner of the drugstore, pharmacy The essence of this law is Section 4. Writing down the generic name instead
or chemical establishment, shall be forwarded to the Board within of the brand name.1
fifteen (15) days following the last day of June and December of each
year, with a copy thereof furnished the city or municipal health officer Section 4. THE USE OF GENERIC TERMINOLOGY FOR ESSENTIAL DRUGS
concerned. AND PROMOTIONAL INCENTIVES
 A physician, dentist, veterinarian or practitioner authorized to prescribe  In the promotion of the generic names for pharmaceutical products,
any dangerous drug shall issue the prescription therefor in one (1) special consideration shall be given to drugs and medicines which are
original and two (2) duplicate copies. The original, after the prescription included in the Essential Drug s List to be prepared within one hundred
has been filled, shall be retained by the pharmacist for a period of one eighty (180) days from approval of this Act and updated quarterly by
(1) year from the date of sale or delivery of such drug. One (1) copy the DOH on the basis of health conditions obtaining in the Philippines
shall be retained by the buyer or by the person to whom the drug is as well as internationally accepted criteria.
delivered until such drug is consumed, while the second copy shall be  The exclusive use of generic terminology in the manufacture, marketing
retained by the person issuing the prescription. and sales of drugs and medicines, particularly those in the Essential
 For purposes of this Act, all prescriptions issued by physicians, dentists, Drugs List shall be promoted through such a system of incentives as the
veterinarians or practitioners shall be written on forms exclusively Board of Investments jointly with the Department of Health and other
issued by and obtainable from the DOH. Such forms shall be made of a government agencies as may be authorized by law, shall promulgate in
special kind of paper and shall be distributed in such quantities and accordance with existing laws, within one hundred eighty (180) days
contain such information and other data as the DOH may, by rules and after approval of this Act.
regulations, require. Such forms shall only be issued by the DOH In the latest IRR, not even the brand name should be written. Moreover, you
through its authorized employees to licensed physicians, dentists, should also know the active ingredient and how much it is. The base
veterinarians and practitioners in such quantities as the Board may ingredient is for the pharmacist1
authorize. In emergency cases, however, as the Board may specify in
the public interest, a prescription need not be accomplished on such *Subject Head’s Notes: There are a total of 15 Sections. This one is a lot
forms. The prescribing physician, dentist, veterinarian or practitioner shorter. For further reading, see references below. 
shall, within three (3) days after issuing such prescription, inform the
DOH of the same in writing. No prescription once served by the REFERENCES
drugstore or pharmacy be reused nor any prescription once issued be 1. This came from the lecture recording.
refilled. 2. Complete Online Copy of RA 9165 “Dangerous Drugs”
 All manufacturers, wholesalers, distributors, importers, dealers and “http://www.lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html
retailers of dangerous drugs and/or controlled precursors and essential 3. Complete Online Copy of RA 6675 “Generics”
chemicals shall keep a record of all inventories, sales, purchases, http://www.lawphil.net/statutes/repacts/ra1988/ra_6675_1988.html
acquisitions and deliveries of the same as well as the names, addresses
and licenses of the persons from whom such items were purchased or Which came first, the physician or the pharmacist?
acquired or to whom such items were sold or delivered, the name and "Very 1st pharmacist was a physician. I forgot his name. It was a girl
quantity of the same and the date of the transactions. Such records name, but he was a he. Yeah." -Dr. Bernabe
may be subjected anytime for review by the Board.

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