Drugs and Ra 9165
Drugs and Ra 9165
Drugs and Ra 9165
EDUCATION AND
PREVENTION
Drug abuse is a problem which
adversely affects our most precious
resource the Filipino youth
Here are some of the reasons why people, especially teenagers, turn to
drugs:
Grieving: The death of a loved one, such as a close
friend or family member, or even a mentor who
positively influenced a person, is emotionally
devastating for people.
Relaxation: The average adult faces typical life obligations such as bills,
family, and work. Because of this, many people look for outlets to help
relax and find a balance between responsibilities and having fun.
Wanting to Fit In: Because human beings are social creatures, it’s
important for us to feel like we belong or fit inA. This can affect people
of any age but is most influential during teenage and early adult years.
Curiosity and Experimentation: For those who are around drugs, but
haven’t yet used them, they may hear positive feedback about certain
drugs. They may become intrigued or interested in their friends’
experiences, and so they try certain drugs as well.
Rebellion: Certain personalities are more prone to rebellion or going
against the grain. This occurs in teens and even in adults. Because
drug use is illicit or not socially acceptable, it actually drives certain
people to want to use them in order to rebel, stand out or be different.
Community Leaders'
Advocacy to Prevent
Drug Abuse
1. Plan and implement social action program involving young people,
civic groups, professionals, and religous organization to improve life in
the community. The following activities must be implemented in the
community;
3. Help parents how to understand and accept their children for who
they are.
(a) Administer. – Any act of introducing any dangerous drug into the
body of any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous drug
to himself/herself unless administered by a duly licensed practitioner for
purposes of medication. Add title
(b) Board. - Refers to the Dangerous Drugs Board under Section 77,
Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 34, Article VIII of this Act.
d) Chemical Diversion. – The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.
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(e) Clandestine Laboratory. – Any facility used for the illegal manufacture
of any dangerous drug and/or controlled precursor and essential chemical.
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(o) Drug Syndicate. – Any organized group of two (2) or more persons
forming or joining together with the intention of committing any offense
prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman,
lookout, and other persons working in the den, dive or resort, employed by
the maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with
the operation thereof.
(q) Financier. – Any person who pays for, raises or supplies money for, or
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underwrites any of the illegal activities prescribed under this Act.
(ii) Sell. – Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for money
or any other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-way radios,
internet, instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money or any
other consideration in violation of this Act.
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(kk) Use. – Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing
into the physiological system of the body, and of the
dangerous drugs.
ARTICLE II
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Unlawful Acts
and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.- .The penalty of life
imprisonment to death and a 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 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. Add title
The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed
upon any person, who, unless authorized under this Act, shall import or
bring into the Philippines any dangerous drug and/or controlled precursor
and essential chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her official status
intended to facilitate the unlawful entry of the same. In addition, the
diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, Addmanages
title or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
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.
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The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and Add
a finetitle
ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the provisions
under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - 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 or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or
sold in any form.
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The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold to
a minor who is allowed to use the same in such a place.
The penalty twelve (12) years and one (1) day to twenty (20)
years of imprisonment andAdda finetitle
ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the provisions
under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. -
The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:
(b) Any person who, not being included in the provisions of the
next preceding, paragraph, is aware of the nature of the place as
such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging 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
engage in the manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one
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(1) day to twenty (20) years and title
a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and
essential chemical.
The presence of any controlled precursor and essential
chemical or laboratory equipment in the clandestine laboratory
is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the
following circumstances:
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(a) Any phase of the manufacturing process was conducted in
the presence or with the help of minor/s:
(8) 10 grams or more of other dangerous drugs such as, but not limited
to, methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), Add title
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.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty
(50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities Add titledrugs are five (5) grams or more
of dangerous
but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride
or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, 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; or three hundred (300) grams or more but less than
five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are
less than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, Addbut nottitle
limited to, MDMA or
"ecstasy", PMA, TMA, LSD, 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; or less
than three hundred (300) grams of marijuana.
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
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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,
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injected, ingested or used a dangerous drug and shall
be presumed to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings. – Any person found possessing any dangerous
drug during a party, or at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the maximum penalties
provided for in Section 11 of this Act, regardless of the quantity and purity of
such dangerous drugs.
The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes,Add titleor acts as a "financier" of any of
manages
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of imprisonment ranging from one (1)
year and one (1) day to six (6) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed
upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer
or retailer who violates or fails to comply with the maintenance and keeping
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of the original records of transactions any dangerous drug and/or
controlled precursor and essential chemical in accordance with Section 40
of this Act.
During the pendency of the case in the Regional Trial Court, no property, or
income derived therefrom, which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same shall be in custodia legis
and no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property
confiscated or forfeited under this Section shall be used to pay all
proper expenses incurred in the proceedings for the confiscation,
forfeiture, custody and maintenance of the property pending
disposition, as well as expenses for publication and court costs.
The proceeds in excess of the above expenses shall accrue to the
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Board to be used in its campaign title illegal drugs.
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. – The PDEA shall take charge and have custody of
all dangerous drugs, plant sources of dangerous drugs,
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controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in
the following manner:
(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;
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(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which
shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject item/s:
Provided, That when the volume of the dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals
does not allow the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued stating therein
the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, ThatAdda title
final certification shall be issued on
the completed forensic laboratory examination on the same within the
next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
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representative or counsel, a representative from the media and the DOJ,
civil society groups and any elected public official. The Board shall draw up
the guidelines on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to
the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as
determined by the Board;
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity
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of this Act, dangerous drugs defined herein which are presently in
possession of law enforcement agencies shall, with leave of court, be
burned or destroyed, in the presence of representatives of the Court, DOJ,
Department of Health (DOH) and the accused/and or his/her counsel, and,
b) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs provided
under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. – The
Board shall recommend to the concerned government agency the
grant of compensation, reward and award to any person providing
information and to law enforcers participating in the operation,
which results in the successful confiscation, seizure or surrender
of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals.
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Section 23. Plea-Bargaining Provision. – 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.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers
and Pushers. – Any person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
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(c) Maintenance of a den, dive or resort wheretitle
any dangerous drug is used in any
form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
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other than the information and testimony title
of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with
reference to which his/her information or testimony were given: Provided,
finally, That there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.