ARTICLE I (f) Confirmatory Test.

– An analytical test
using a device, tool or equipment with a
Definition of terms different chemical or physical principle that
Section 3. Definitions. As used in this Act, is more specific which will validate and
the following terms shall mean: confirm the result of the screening test.

(a) Administer. – Any act of introducing any (g) Controlled Delivery. – The investigative
dangerous drug into the body of any technique of allowing an unlawful or
person, with or without his/her knowledge, suspect consignment of any dangerous drug
by injection, inhalation, ingestion or other and/or controlled precursor and essential
means, or of committing any act of chemical, equipment or paraphernalia, or
indispensable assistance to a person in property believed to be derived directly or
administering a dangerous drug to indirectly from any offense, to pass into,
himself/herself unless administered by a through or out of the country under the
duly licensed practitioner for purposes of supervision of an authorized officer, with a
medication. view to gathering evidence to identify any
person involved in any dangerous drugs
(b) Board. - Refers to the Dangerous Drugs related offense, or to facilitate prosecution
Board under Section 77, Article IX of this of that offense.
Act.
(h) Controlled Precursors and Essential
(c) Centers. - Any of the treatment and Chemicals. – Include those listed in Tables I
rehabilitation centers for drug dependents and II of the 1988 UN Convention Against
referred to in Section 34, Article VIII of this Illicit Traffic in Narcotic Drugs and
Act. Psychotropic Substances as enumerated in
the attached annex, which is an integral
(d) Chemical Diversion. – The sale, part of this Act.
distribution, supply or transport of
legitimately imported, in-transit, (i) Cultivate or Culture. – Any act of
manufactured or procured controlled knowingly planting, growing, raising, or
precursors and essential chemicals, in permitting the planting, growing or raising
diluted, mixtures or in concentrated form, of any plant which is the source of a
to any person or entity engaged in the dangerous drug.
manufacture of any dangerous drug, and
shall include packaging, repackaging,
labeling, relabeling or concealment of such (j) Dangerous Drugs. – Include those listed
transaction through fraud, destruction of in the Schedules annexed to the 1961 Single
documents, fraudulent use of permits, Convention on Narcotic Drugs, as amended
misdeclaration, use of front companies or by the 1972 Protocol, and in the Schedules
mail fraud. annexed to the 1971 Single Convention on
(e) Clandestine Laboratory. – Any facility Psychotropic Substances as enumerated in
used for the illegal manufacture of any the attached annex which is an integral part
dangerous drug and/or controlled precursor of this Act.
and essential chemical.
(k) Deliver. – Any act of knowingly passing a (q) Financier. – Any person who pays for,
dangerous drug to another, personally or raises or supplies money for, or underwrites
otherwise, and by any means, with or any of the illegal activities prescribed under
without consideration. this Act.

(l) Den, Dive or Resort. – A place where any (r) Illegal Trafficking. – The illegal
dangerous drug and/or controlled precursor cultivation, culture, delivery,
and essential chemical is administered, administration, dispensation, manufacture,
delivered, stored for illegal purposes, sale, trading, transportation, distribution,
distributed, sold or used in any form. importation, exportation and possession of
any dangerous drug and/or controlled
(m) Dispense. – Any act of giving away, precursor and essential chemical.
selling or distributing medicine or any
dangerous drug with or without the use of (s) Instrument. – Any thing that is used in or
prescription. intended to be used in any manner in the
commission of illegal drug trafficking or
(n) Drug Dependence. – As based on the related offenses.
World Health Organization definition, it is a
cluster of physiological, behavioral and (t) Laboratory Equipment. – The
cognitive phenomena of variable intensity, paraphernalia, apparatus, materials or
in which the use of psychoactive drug takes appliances when used, intended for use or
on a high priority thereby involving, among designed for use in the manufacture of any
others, a strong desire or a sense of dangerous drug and/or controlled precursor
compulsion to take the substance and the and essential chemical, such as reaction
difficulties in controlling substance-taking vessel, preparative/purifying equipment,
behavior in terms of its onset, termination, fermentors, separatory funnel, flask,
or levels of use. heating mantle, gas generator, or their
substitute.
(o) Drug Syndicate. – Any organized group
of two (2) or more persons forming or (u) Manufacture. – The production,
joining together with the intention of preparation, compounding or processing of
committing any offense prescribed under any dangerous drug and/or controlled
this Act. precursor and essential chemical, either
directly or indirectly or by extraction from
(p) Employee of Den, Dive or Resort. – The substances of natural origin, or
caretaker, helper, watchman, lookout, and independently by means of chemical
other persons working in the den, dive or synthesis or by a combination of extraction
resort, employed by the maintainer, owner and chemical synthesis, and shall include
and/or operator where any dangerous drug any packaging or repackaging of such
and/or controlled precursor and essential substances, design or configuration of its
chemical is administered, delivered, form, or labeling or relabeling of its
distributed, sold or used, with or without container; except that such terms do not
compensation, in connection with the include the preparation, compounding,
operation thereof. packaging or labeling of a drug or other
substances by a duly authorized practitioner
as an incident to his/her administration or any alkaloid of opium enters as an
dispensation of such drug or substance in ingredient; opium poppy; opium poppy
the course of his/her professional practice straw; and leaves or wrappings of opium
including research, teaching and chemical leaves, whether prepared for use or not.
analysis of dangerous drugs or such
substances that are not intended for sale or (z) Opium Poppy. – Refers to any part of the
for any other purpose. plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale,
(v) Cannabis or commonly known as Papaver bracteatum and Papaver rhoeas,
"Marijuana" or "Indian Hemp" or by its any which includes the seeds, straws, branches,
other name. – Embraces every kind, class, leaves or any part thereof, or substances
genus, or specie of the plant Cannabis derived therefrom, even for floral,
sativa L. including, but not limited to, decorative and culinary purposes.
Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every (aa) PDEA. – Refers to the Philippine Drug
kind, class and character of marijuana, Enforcement Agency under Section 82,
whether dried or fresh and flowering, Article IX of this Act.
flowering or fruiting tops, or any part or (bb) Person. – Any entity, natural or
portion of the plant and seeds thereof, and juridical, including among others, a
all its geographic varieties, whether as a corporation, partnership, trust or estate,
reefer, resin, extract, tincture or in any form joint stock company, association, syndicate,
whatsoever. joint venture or other unincorporated
(w) Methylenedioxymethamphetamine organization or group capable of acquiring
(MDMA) or commonly known as "Ecstasy", rights or entering into obligations.
or by its any other name. – Refers to the (cc) Planting of Evidence. – The willful act by
drug having such chemical composition, any person of maliciously and
including any of its isomers or derivatives in surreptitiously inserting, placing, adding or
any form. attaching directly or indirectly, through any
(x) Methamphetamine Hydrochloride or overt or covert act, whatever quantity of
commonly known as "Shabu", "Ice", any dangerous drug and/or controlled
"Meth", or by its any other name. – Refers precursor and essential chemical in the
to the drug having such chemical person, house, effects or in the immediate
composition, including any of its isomers or vicinity of an innocent individual for the
derivatives in any form. purpose of implicating, incriminating or
imputing the commission of any violation of
(y) Opium. – Refers to the coagulated juice this Act.
of the opium poppy (Papaver somniferum
L.) and embraces every kind, class and (dd) Practitioner. – Any person who is a
character of opium, whether crude or licensed physician, dentist, chemist, medical
prepared; the ashes or refuse of the same; technologist, nurse, midwife, veterinarian
narcotic preparations thereof or therefrom; or pharmacist in the Philippines.
morphine or any alkaloid of opium; (ee) Protector/Coddler. – Any person who
preparations in which opium, morphine or knowingly and willfully consents to the
unlawful acts provided for in this Act and The penalty of imprisonment ranging from
uses his/her influence, power or position in twelve (12) years and one (1) day to twenty
shielding, harboring, screening or (20) years and a fine ranging from One
facilitating the escape of any person he/she hundred thousand pesos (P100,000.00) to
knows, or has reasonable grounds to Five hundred thousand pesos (P500,000.00)
believe on or suspects, has violated the shall be imposed upon any person, who,
provisions of this Act in order to prevent unless authorized by law, shall import any
the arrest, prosecution and conviction of controlled precursor and essential chemical.
the violator.
The maximum penalty provided for under
(ff) Pusher. – Any person who sells, trades, this Section shall be imposed upon any
administers, dispenses, delivers or gives person, who, unless authorized under this
away to another, on any terms whatsoever, Act, shall import or bring into the
or distributes, dispatches in transit or Philippines any dangerous drug and/or
transports dangerous drugs or who acts as a controlled precursor and essential chemical
broker in any of such transactions, in through the use of a diplomatic passport,
violation of this Act. diplomatic facilities or any other means
involving his/her official status intended to
(gg) School. – Any educational institution, facilitate the unlawful entry of the same. In
private or public, undertaking educational addition, the diplomatic passport shall be
operation for pupils/students pursuing confiscated and canceled.
certain studies at defined levels, receiving
instructions from teachers,

The maximum penalty provided for under

this Section shall be imposed upon any
person, who organizes, manages or acts as
ARTICLE II a "financier" of any of the illegal activities
prescribed in this Section.
Unlawful Acts and Penalties
The penalty of twelve (12) years and one (1)
Section 4. Importation of Dangerous Drugs day to twenty (20) years of imprisonment
and/or Controlled Precursors and Essential and a fine ranging from One hundred
Chemicals.- .The penalty of life thousand pesos (P100,000.00) to Five
imprisonment to death and a ranging from hundred thousand pesos (P500,000.00)
Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts
to Ten million pesos (P10,000,000.00) shall as a "protector/coddler" of any violator of
be imposed upon any person, who, unless the provisions under this Section.
authorized by law, shall import or bring into
the Philippines any dangerous drug,
regardless of the quantity and purity
involved, including any and all species of
opium poppy or any part thereof or
substances derived therefrom even for
floral, decorative and culinary purposes.