RA 9165

COMPREHENSIVE
DANGEROUS DRUGS ACT
OF 2002
AN OVERVIEW
 It is the policy of the State: 2

1. to safeguard the integrity of its territory & the well-being of

its citizenry, particularly the youth, from the harmful effects
of dangerous drugs on their physical & mental well-being,
and
2. to defend the same against acts or omissions detrimental to
their development and preservation
3. to provide effective mechanisms or measures to re-integrate
into society individuals who have fallen victims to drug
abuse or dangerous drug dependence through sustainable
programs of treatment and rehabilitation
Toward this end, the government shall pursue an intensive and
unrelenting campaign against the trafficking and use of dangerous
drugs…
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UNLAWFUL ACTS AND PENALTIES

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UNLAWFUL ACTS AND PENALTIES

• Section 4. Importation of Dangerous Drugs &/or

Controlled Precursors & Essential Chemicals.

Offenders: Penalty:
1. Importer Life to Death + P500k-P10M
2. Importer Death + P10M
using Diplomatic Passport
3. Financier, Organizer, Death + P10M
Manager of Importation
4. Protector/Coddler 12y1d to 20y + P100k to P500k
SEC 5. SALE, TRADING, ADMINISTRATION, DISPENSATION,
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DELIVERY, DISTRIBUTION & TRANSPORTATION OF

DANGEROUS DRUGS &/OR CONTROLLED PRECURSORS
& ESSENTIAL CHEMICALS
Elements:

1. Identity of the buyer and the seller,

the object, and the consideration
2. Delivery of the thing sold and the
payment thereof
 UNLAWFUL ACTS AND PENALTIES
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• Section 5. Sale, Trading, Administration, Dispensation,

Delivery, Distribution & Transportation of Dangerous Drugs
&/or Controlled Precursors & Essential Chemicals

Maximum Penalty Imposed on:

1. Committed within 100m from a school
2. Use of minors or mentally incapacitated persons as
runners, couriers & messengers, or in any other
capacity
3. If the victim is a minor or mentally incapacitated
4. Dangerous drug is the proximate cause of death of
victim
5. Organizer, Manages the unlawful acts, financier
Protector/Coddler - 12y1d to 20y + P100k to P500k
 UNLAWFUL ACTS AND PENALTIES
• Sec 6. Maintenance of a Den, Dive or Resort

Maintenance – Life to death + P500k – P10M fine

Caters to minor clients – Death + P10M fine
Financier - Death + P10M fine
Protector/Coddler - 12 years 1 day – 20 years + P100k - P500k fine

Client dies – Death + P1M - P15M fine

* den/dive/resort shall be confiscated in favor of

government

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 UNLAWFUL ACTS AND PENALTIES
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• Section 7. Employees and Visitors of a

Den, Dive or Resort
Imprisonment: 12y 1d - 20y + Fine: P100k - P500k

(a) Any employee of a den, dive or resort, who is

aware of the nature of the place as such; and
(b) Any person who, not being included in the
provisions of the next preceding, paragraph, is
aware of the nature of the place as such and
shall knowingly visit the same
 Unlawful Acts and Penalties
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Life Imprisonment to Death and
Fine P500k - P10M

Any person, who, unless authorized by law, shall possess*

any dangerous drug in the following quantities,
regardless of the degree of purity:
 Unlawful Acts and Penalties
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• (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.
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IF QUANTITY INVOLVED IS LESS THAN THE FOREGOING

QUANTITIES , THE PENALTIES SHALL BE GRADUATED AS
FOLLOWS:
• Shabu 10 grams or more but less than 50 grams
• Life imprisonment & Fine 400k – 500k.
• 5 grams or more but less than 10 grams of opium,
morphine, heroin, cocaine or hydrochloride, marijuana
resin or resin oil, shabu, & other dangerous drugs and
300 grams or more but less than 500 grams of marijuana
• Imprisonment of 20 years 1 day to life imprisonment &
Fine 400k – 500k
• Less than 5 grams of opium, morphine, heroin, cocaine
or hydrochloride, marijuana resin or resin oil, shabu, &
other dangerous drugs and less than 300 grams of
marijuana
• Imprisonment of 12 years 1 day to 20 years & fine of 300k
– 400k
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SEC. 11 POSSESSION OF DANGEROUS

DRUGS
Elements:
1. Person is in possession which is identified to be a
prohibited drug
2. Such possession is not authorized by law
3. Person freely & consciously possessed the said
prohibited drug
 Unlawful Acts and Penalties
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Section 12. Possession of Equipment, Instrument, Apparatus and

Other Paraphernalia for Dangerous Drugs. (See Sec. 14)
Imprisonment: 6 months & 1 day – 4 years
Fine: P10k - P50k

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: xxx
The possession of such xxx 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.
 Unlawful Acts and Penalties
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Sec. 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… regardless of the
quantity and purity of such dangerous drugs.

Penalty : maximum penalty imposed under Section 11.

Possession of Illegal Drugs
Life Imprisonment to Death and
Fine P500k - P10M
 Unlawful Acts and Penalties 15

Sec. 14. Possession of Equipment, Instrument,

Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings

Any person who shall possess or have under his/her control any
equipment, instrument, apparatus and other paraphernalia fit or intended
for smoking, consuming, administering, injecting, ingesting, introducing
any dangerous drug into the body during a parties, or at a social
gathering or meeting, or in the proximate company of at least two (2)
persons.

Penalty : maximum penalty imposed under Section 12.

Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
Imprisonment: 6 months & 1 day – 4 years
Fine: P10k - P50k
 Unlawful Acts and Penalties
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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 6 months REHABILITATION in a
government center for the first offense
 Unlawful Acts and Penalties
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Sec 15 Use of Dangerous Drugs

If apprehended using any dangerous drug
for the second time, he/she shall suffer the
penalty of Imprisonment 6 years & 1 day to
12 years + Fine P50k to P200k

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.
 Unlawful Acts and Penalties
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Sec 16. Cultivation or Culture of Plants Classified

as Dangerous Drugs or are Sources Thereof
Life Imprisonment to Death + Fine of P500k to P10M

Any person, who shall plant, cultivate or culture marijuana,

opium poppy or any other plant regardless of quantity, which is
or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured
or derived
 Unlawful Acts and Penalties
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Sec 16. Cultivation

or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof
Any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed
in this Section = Death + Fine of P10M

Any person, who acts as a "protector/coddler" of any

violator of the provisions under this Section =
Imprisonment of 12 years & 1 day - 20 years
Fine of P100k to P500k
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Other Unlawful Acts

 Other Unlawful Acts 21

Sec 17. Maintenance and Keeping of Original

Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
(Practitioner, manufacturer, wholesaler, importer, distributor,
dealer or retailer)

Sec 18. Unnecessary Prescription of Dangerous

Drugs
Sec 19. Unlawful Prescription of Dangerous Drugs
(Practitioners such as physicians, pharmacist , dentists)
Sec 37. Issuance of False or Fraudulent Drug Test
Results
 Other Unlawful Acts
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Sec 26. Attempt or Conspiracy. � Any attempt or

conspiracy to commit the following unlawful acts
shall be penalized by the same penalty prescribed
for the commission of the same:
(a) Importation;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled
precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs.
 Other Unlawful Acts
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Sec 27. PublicOfficer or Employee is criminally

liable for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized
and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory
Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
Committed
 Other Unlawful Acts
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Any elective local or national official found:

1. To have benefited from the proceeds of the

trafficking of dangerous drugs, or
2. To have received any financial or material
contributions or donations from natural or juridical
persons found guilty of trafficking dangerous drugs

Shall be removed from office and perpetually

disqualified from holding any elective or appointive
positions in the government, its divisions,
subdivisions, and intermediaries, including GOCCs
 Other Unlawful Acts
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Sec 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.
 Other Unlawful Acts
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Planting of Evidence - The willful act by any

person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity
of any dangerous drug and/or controlled precursor
and essential chemical in the person, house, effects
or in the immediate vicinity of an innocent
individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Act.
 Other Unlawful Acts
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Sec 91. Responsibility and Liability of Law

Enforcement Agencies and other Government Officials and
Employees in Testifying as Prosecution Witnesses in Dangerous
Drugs Cases

… who, after due notice, fails or refuses intentionally or

negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any
valid reason

Imprisonment of 12y & 1d - 20y + Fine of P500k

in addition to the administrative liability he/she may
be meted out by his/her immediate superior and/or
appropriate body.
 Other Unlawful Acts
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Sec 91. Responsibility & Liability of Law Enforcement

Agencies …

The immediate superior of the member of the law

enforcement agency or any other government employee
mentioned in the preceding paragraph, if despite due
notice to them and to the witness concerned, the former
does not exert reasonable effort to present the latter to
the court
Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k
in addition, perpetual absolute disqualification from public office
 Other Unlawful Acts
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Sec 91. Responsibility & Liability of Law

Enforcement Agencies...
The member of the law enforcement agency …
shall not be transferred or re-assigned to any
other government office located in another
territorial jurisdiction during the pendency of
the case in court. However, the concerned
member of the law enforcement agency or
government employee may be transferred or re-
assigned for compelling reasons:
 Other Unlawful Acts
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Provided, That immediate superior shall notify

the court where the case is pending of the order
to transfer or re-assign, within 24 hours from its
approval;
Should immediate superior fail to notify the court
of such order to transfer or re-assign:
Imprisonment of 2m & 1d to 6y
Fine of P10k to P50k
in addition, perpetual absolute disqualification
from public office
 Other Unlawful Acts
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Sec 92. Delay & Bungling in Prosecution of Drug Cases

Any government officer or employee tasked with
the prosecution of drug-related cases under this
act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately
causes the unsuccessful prosecution and/or
dismissal of the said drug cases:
Imprisonment 12y & 1d to 20y
without prejudice to his/her prosecution under the pertinent
provisions of the Revised Penal Code.
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PROGRAM FOR TREATMENT

AND REHABILITATION
Section 54. Voluntary Submission of a
Drug Dependent to Confinement,
Treatment and Rehabilitation.

 any person who violates Section 15 of this

Act, may, by himself/herself or through
his/her parent, spouse, guardian, relative
within the fourth degree of consanguinity or
affinity apply to the board or its duly
authorized representative, for treatment and
rehabilitation of the drug dependency.
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Section 55. Exemption from the

Criminal Liability Under the
Voluntary Submission Program. –
A drug dependent under the voluntary submission
program, who is finally discharged from
confinement, shall be exempt from the criminal
liability under Section 15 of this act subject to the
following conditions:

 He/she has complied with the rules and

regulations of the center, the applicable rules
and regulations of the Board including after care
and follow-up program for at least 18 months
following temporary discharge from the
confinement in the center.
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He/she has never been charged or convicted

of any offense punishable under this Act, RPC
as amended, or any special law;

He/she has no record of escape from a

Center: Provided, That he/she escaped
he/she surrendered within one (1) week form
the date of the said escape; and

He/she poses no serious danger to himself

/herself, his/her family or the community by
his/her exemption form criminal liability.
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Section 58. Filing of Charges Against

a Drug Dependent Who is Not
Rehabilitated Under the Voluntary
Submission Program. – A drug dependent,
who is not rehabilitated after the second
commitment to the Center under the voluntary
submission program, shall, upon recommendation
of the Board, be charged for violation of Section 15
of this Act and prosecuted like any other offender.
If convicted, he/she shall be credited for the
period of confinement and rehabilitation in the
Center.
Section 60. Confidentiality of
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Records Under the Voluntary

Submission Program. – Judicial
and medical records of drug dependents
under the voluntary submission program
shall be confidential and shall not be
used against him for any purpose, except
to determine how many times, by
himself/herself or through his/her parent,
spouse, guardian or relative within the
fourth degree, he/she voluntarily
submitted himself/herself for confinement
under this program.
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Thank you.