REGIONAL MOBILE FORCE BATTALION 3

304th Maneuver Company

Republic Act No. 9165
Comprehensive Dangerous Drugs Act
of 2002:
An Overview
Presented by:
PSSg Mirriam L
Lapurga
Community Affairs and Development
 DILG Secretary Benjamin
“Benhur” C. Abalos, Jr. said the
anti-illegal drugs campaign
dubbed as “Buhay Ingatan,
Droga’y Ayawan” or BIDA Program
is in line with President Ferdinand
“Bongbong” Marcos, Jr.
administration’s commitment to
continue the campaign against
illegal drugs “within the framework
of the law and with respect for
human rights and with focus on
rehabilitation and socio-economic
development.”
It is the policy of the State:
• 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
• Defend the same against acts or
omissions detrimental to their
development and preservation
WHAT IS DRUGS?
 Unlawful Acts and
Penalties
Section 4. Importation of Dangerous Drugs
&/or Controlled Precursors & Essential
Chemicals.
Offenders: Penalty:
Life to Death + P500k-
Importer
P10M
Death + P10M
Importer using Diplomatic
Passport
Financier, Organizer,
Manager of Death + P10M
Importation
12y &1d to 20y +
Protector/Coddler
P100k to P500k
 Unlawful Acts and Penalties
Section 5: Sale, Trading,
Administration, Dispensation, Delivery,
Distribution and Transportation of
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Acts: Penalty:
Sale
Elements:
1. Identity of the Trade
buyer and the seller,
Distribute Life to Death
the object, and the +
Deliver P500k-P10M
consideration; and
2. Delivery of the Transport
thing sold and the
payment thereof.
Broker
 Unlawful Acts and Penalties
Maximum Penalty Imposed on:
Committed within 100m from a school
Use of minors or mentally incapacitated
persons as runners, couriers &
messengers, or in any other capacity
If the victim is a minor or mentally
incapacitated
Dangerous drug is the proximate cause of
death of victim
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 Den,
Dive or Resort - A place where any dangerous drug
and/or controlled precursor and essential chemical
is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
Acts: Penalties:
Caters to minor clients Life to death + P500k – P10M fine
Financier
Death + P10M fine

Protector/Coddler Death + P10M fine

Client dies 12 years 1 day – 20 years + P100k -
P500k fine
den/dive/resort shall be
confiscated in favor of Death + P1M - P15M fine
government
 Unlawful Acts and Penalties
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)(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
Sec. 11 Possession of Dangerous
Drugs (See Sec. 13)
Life Imprisonment to Death and a 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 ).
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
(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
 Unlawful Acts and Penalties
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

Sec 15: Use of Dangerous Drugs

Acts: Penalties:
A person apprehended or
Minimum of 6 months
arrested, who is found to be
REHABILITATION in a
positive for use of any
government center for the first
dangerous drug, after a
offense
confirmatory test
Imprisonment 6 years & 1
Using any dangerous drug
day to12 years + Fine P50k
for the second time
to P200k
 Unlawful Acts and Penalties

Section 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
 Acts: Penalties:
Imprisonment of 12y & 1d - 20y +
Fails or refuses intentionally or negligently, to
Fine of P500k in addition to the
appear as a witness for the prosecution in any
administrative liability he/she maybe
proceedings, involving violations of this Act, without
meted out by his/her immediate
any valid reason
superior and/or appropriate body.
The immediate superior of the member of the law
enforcement agency or any other government Imprisonment of 2m & 1d to 6y + Fine
employee mentioned in the preceding paragraph, if of P10k to P50k in addition, perpetual
despite due notice to them and to the witness absolute disqualification from public
concerned, the former does not exert reasonable office
effort to present the latter to the court
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.
Imprisonment of 2m & 1d to 6yFine of
However, the concerned member of the law
P10k to P50kin addition, perpetual
enforcement agency or government employee may
absolute disqualification from public
be transferred or re-assigned for compelling reasons:
office
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