R.A.

9165
(as modified by RA 10640)

"Comprehensive Dangerous Drugs Act of 2002".

Presented by:
ATTY. JUVI H. GAYATAO
 Common Prohibited Acts
 Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
 Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
 Section 6. Maintenance of a Den, Dive or Resort.
 Section 7. Employees and Visitors of a Den, Dive or Resort.
 Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
 Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals.
 Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
 Common Prohibited Acts
 Section 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
 Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings.
 Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs
or are Sources Thereof.
 Section 17. Maintenance and Keeping of Original Records of Transactions
on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
 Section 18. Unnecessary Prescription of Dangerous Drugs.
 Section 19. Unlawful Prescription of Dangerous Drugs.
 DRUG TRAFFICKING
 Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - 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, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch in
transit or transport 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.
Sec. 11. Possession of Dangerous Drugs. - 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, unless authorized by law, shall possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof
 (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, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined
and promulgated by the Board in accordance to Section 93, Article XI of this Act.
 Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. -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: Provided, That in the case of medical practitioners
and various professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.
 The possession of such equipment, instrument, apparatus and other paraphernalia fit
or intended for any of the purposes enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed
to have violated Section 15 of this Act.
 Sec. 15 Use of Dangerous Drugs
 . – A person apprehended or arrested, who is found to be positive for use of any dangerous
drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6)
months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the
second time, he/she shall suffer the penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand
pesos (P50,000.00) to Two hundred thousand pesos (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.
 Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. –
 (1) The apprehending team having initial custody and control of

the drugs shall, immediately after seizure and confiscation,

physically inventory 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, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required
to sign the copies of the inventory and be given a copy thereof;
 People vs. Romy Lim
Sept 4, 2018

 The three (3) witnesses must be present.

 Place of Inventory
 With warrant- Place of Search
 Without warrant- Could be done at the

nearest police station

 Witnesses during INVENTORY…
(RA 10640)

1. Elected public official

2. NPS- National Prosecution Service (OR)
3. MEDIA

NOTE: RA 10640- July 23, 2014

Will inventory and photography
be dispensed with?
 In the present case, the prosecution did not bother to offer any explanation
to justify the failure of the police to conduct the required physical inventory
and photograph of the seized drugs. The apprehending team failed to show
why an inventory and photograph of the seized evidence had not been
made either in the place of seizure and arrest or at the nearest police station
(as required by the Implementing Rules in case of warrantless arrests). We
emphasize that for the saving clause to apply, it is important that
the prosecution explain the reasons behind the procedural lapses,
and that the integrity and value of the seized evidence had been
preserved. People v. Almorfe, G.R. No. 181831, March 29, 2010
 In other words, the justifiable ground for noncompliance must be
proven as a fact. The court cannot presume what these grounds are
or that they even exist. People v. de Guzman, G.R. No. 186498, March 26,
2010.
 People v. Sanchez,
G.R. No. 175832, October 15, 2008
 We recognize that the strict compliance with the requirements of
Section 21 of R.A. No. 9165 may not always be possible under
field conditions; the police operates under varied conditions, and
cannot at all times attend to all the niceties of the procedures in
the handling of confiscated evidence. For this reason, the last
sentence of the implementing rules provides that “non-compliance
with 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 of and custody
over said items”
 People v. Morales G.R. No. 172873, March 19, 2010, the SC
acquitted the accused for failure of the buy-bust team to
photograph and inventory the seized items, without giving any
justifiable ground for the non-observance of the required
procedures.
 People v. Garcia G.R. No. 173480 likewise resulted in an
acquittal because no physical inventory was ever made,
and no photograph of the seized items was taken under
the circumstances required by R.A. No. 9165 and its
implementing rules.
 Bondad, Jr. v. People G.R. No. 173804, December 10,
2008, we also acquitted the accused for the failure of the
police to conduct an inventory and to photograph the
seized items, without justifiable grounds.
 SC Rulings
 People v. Gutierrez, G.R. No. 179213, September 3,
2009

 People v. Denoman, G.R. No. 171732,

August 14, 2009

 People v. Partoza, G.R. No. 182418, May 8, 2009

 People v. Robles, G.R. No. 177220, April 24, 2009

 People v. dela Cruz, G.R. No. 181545, October 8, 2008

 People vs Emmanuel Oliva, Bernardo Barangot
and Mark Angelo Manalastas
January 7, 2019

 SC requires prosecutors and law enforcement

officers to prove with “certitude” that the drug
seized in buy-bust operations are “exactly the
same substance offered” as evidence in court
 People vs Emmanuel Oliva
Jan 7, 2019
 Justice Peralta: “A stricter adherence to sec. 21 is
required where the quantity of illegal drugs seized is
minuscule since it is highly susceptible to planting,
tampering, or alteration.”
 Baarangay official and NPS was present but none from
media
 People vs Nila Malana
Dec. 5, 2018
 NO witness was present.
 The prosecution is required to account for the absence of
any of the required witnesses by presenting a justifiable
reason therefor or, at the very least, by showing that
genuine and sufficient efforts were exerted by the
apprehending officers to secure their presence.
Isit required for all forms of
evidence to comply with chain of
custody for the same to be
admissible?
 Categories of Object Evidence
1. Objects that have readily identifiable marks
(unique objects- watch with serial number or cellphone
with IMEI)
2. Objects that are made readily identifiable (objects
made unique- knife, bolo, no serial number, identified by
putting a unique mark)
3. Objects with no identifying marks and cannot be
marked (non-unique objects- drops of blood, oil, drugs
in powder form, fiber, grains of sand etc.)
 The third category requires CHAIN OF CUSTODY
 CHAIN OF CUSTODY

 The duly recorded authorized movements and custody of

seized drugs or controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each stage,
from the time of seizure/confiscation to receipt in
the forensic laboratory to safekeeping to
presentation in court for destruction. (Pp. Vs. Alivio,
Gr No. 177771, May 30, 2011)
 CHAIN OF CUSTODY
 In Malillin v. People, G.R. No. 172953, April 30, 2008 the Court
explained that the chain of custody rule requires that there be
testimony about every link in the chain, from the moment
the object seized was picked up to the time it is offered in
evidence, in such a way that every person who touched it would
describe how and from whom it was received, where it was and
what happened to it while in the witness’ possession, the
condition in which it was received and the condition in which it
was delivered to the next link in the chain.
 PEOPLE VS SAGANA
AUG. 2, 2017

 Chain of custody was NOT strictly followed.

 Plea-Bargaining Provision. (sec. 23)
– Any person charged under any
provision of this Act regardless of the
imposable penalty shall not be allowed to
avail of the provision on plea-bargaining.
 Salvador Estipona, Jr. vs Hon. Frank E. Lobrigo
G.R. No. 226679 (Aug. 15, 2017)

 Sec. 23 prohibition on “plea bargaining”

for drug cases is UNCONSTITUTIONAL for
being contrary to the rule making
authority of the SC in Art. VIII Sec. 5 (5)
of the Philippine Constitution.
 Rationale of Plea Bargaining
 Art. 100 of the Revised Penal Code
 Will the dismissal of the civil aspect bring about the

dismissal of the criminal aspect?

 SC RULES on Plea Bargaining
A.M. No. 18-03-16-SC- (Adoption of the Plea
Bargaining Framework in Drugs Cases).
April 10, 2018
SC RULES on Plea Bargaining (SEC. 11)
Quantity is less than five Can plea bargain to a
grams (in case of shabu, violation of Section 12
opium, morphine, heroin on possession of
and cocaine, and less equipment, instrument,
than 300 grams in case apparatus, etc. with a
of marijuana) with a penalty of six months
penalty of 12 years and and one day to four
one day to 20 years in years in prison and a
prison and a fine ranging fine ranging from
from P300,000 to
P10,000 to P50,000.
P400,000
 Plea Bargaining (SEC. 11)
Plea bargain to violation of
If the accused is charged
Section 11 (less than five
with possession of shabu, grams in case of shabu, etc.
opium, morphine, heroin and less than 300 grams of
and cocaine of more marijuana) to lower the penalty
than five grams but from 20 years to life
imprisonment and fine ranging
not exceeding 10 from P400,000 to P500,000,  to
grams, or with 12 years and one day to 20
marijuana of 300 years prison term and fine
grams but not more ranging from P300,000 to
than 500 grams P400,000.
 Plea Bargaining (SEC. 12)

Can plea bargain to violation

If charged with of Section 15 or use of
dangerous drugs to lessen
possession of the penalty from six months
equipment, and one day to four years in
prison and fine from P10,000
apparatus and other to P50,000, to six months
paraphernalia for treatment and rehabilitation
if he or she admits drug use
dangerous drugs or is found positive after drug
under Section 12 use/dependency test.
 Plea Bargaining (SEC. 14)

Violation of Section 14 Can plea bargain to

for possession of violation of Section 15
equipment, apparatus on use of dangerous
and other drugs to lower the
paraphernalia for penalty from a
maximum or four
dangerous drugs
months in prison to six
during parties, social
months of treatment
gatherings or and rehabilitation.
meetings
Sec. 11
>5 to 10
grams

Sec. 11
5 and below
grams

Sec 12

Sec. 15
(Use)
 NOT ALLOWED where the imposable
penalty is life imprisonment or death
except Section 5 of Republic Act 9165
 Those caught selling or trading up to

0.99 grams of shabu and up to 9.99

grams of marijuana will also be
allowed to enter into a plea bargain deal. 
 Shabu and marijuana ONLY!
 SC RULES on Plea Bargaining
 Drug dependency test IN ALL INSTANCES regardless if the
maximum period of the penalty has been served.
 If found positive after drug dependency test, he/she shall undergo
treatment rehabilitation for a period of not less than six month,”
 The treatment or rehabilitation has to be credited “to his/her penalty
and the period of his/her after-care and follow-up program if penalty
is still unserved.
 If found negative for drug use/dependency, he/she will be
released on time served, otherwise, he/she will serve his sentence in
jail minus the counseling period at rehabilitation center.”
 OCA Circular No. 80-2019
May 30, 2019
 The circular discussed among others the letter of Atty
Dagohoy to the SC to include in the plea bargaining
under sec. 5 of Ra 9165 “marijuana and shabu only” the
drug NALBUPHINE HYDROCHLORIDE as the same is not
strictly a dangerous drug but merely a “regulated drug”.
 Section 25
 SEC. 25.Qualifying Aggravating Circumstances in
theCommission of a Crime by an Offender under the
Influence ofDangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a
crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable.
 Section 25
 SEC. 25.Qualifying Aggravating Circumstances in
theCommission of a Crime by an Offender under the
Influence ofDangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a
crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable.
 Section 29. Criminal Liability for Planting of
Evidence.
 – 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.