RA 9165 prohibited acts

Presented by

MARY ANN WONG TUGBANGMARY ANN WONG TUGBANG

RA 9165RA 9165ComprehensiveComprehensive

Dangerous Drugs ActDangerous Drugs Actof 2002of 2002

An Overview

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It is the policy of the StateIt is the policy of the State::

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

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Unlawful Acts and Unlawful Acts and PenaltiesPenalties

► Section 4.Section 4. ImportationImportation of Dangerous Drugs of Dangerous Drugs &/or Controlled Precursors & Essential &/or Controlled Precursors & Essential Chemicals.Chemicals.

Offenders:Offenders: Penalty:Penalty:

1. Importer1. Importer Life to Death + P500k-P10MLife to Death + P500k-P10M

2. Importer 2. Importer Death + P10MDeath + P10M using Diplomatic Passportusing Diplomatic Passport

3. Financier, Organizer,3. Financier, Organizer, Death + P10MDeath + P10M

Manager of ImportationManager of Importation

4. Protector/Coddler 4. Protector/Coddler 12y1d to 20y + P100k to P500k12y1d to 20y + P100k to P500k

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►Sec. 5

Acts:Acts: Penalty:Penalty:

SaleSale Life to Death + Life to Death +

TradeTrade P500k-P10M P500k-P10M

DistributeDistribute

DeliverDeliver

TransportTransport

BrokerBroker

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Sec 5. Sale, Trading, Administration, Sale, Trading, Administration, Dispensation, Delivery, Distribution & Dispensation, Delivery, Distribution &

Transportation of Dangerous Drugs &/or Transportation of Dangerous Drugs &/or Controlled Precursors & Essential ChemicalsControlled Precursors & Essential Chemicals

Elements:Elements:

1.1. Identity of the buyer and the Identity of the buyer and the seller, the object, and the seller, the object, and the considerationconsideration

2.2. Delivery of the thing sold and the Delivery of the thing sold and the payment thereofpayment thereof

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► Section 5.Section 5. Sale, Trading, Administration, Dispensation, Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of Dangerous Delivery, Distribution & Transportation of Dangerous Drugs &/or Controlled Precursors & Essential ChemicalsDrugs &/or Controlled Precursors & Essential Chemicals

Maximum Penalty Imposed onMaximum Penalty Imposed on::1.1. Committed within 100m from a schoolCommitted within 100m from a school2.2. Use of minors or mentally incapacitated Use of minors or mentally incapacitated

persons as runners, couriers & messengers, or persons as runners, couriers & messengers, or in any other capacityin any other capacity

3.3. If the victim is a minor or mentally If the victim is a minor or mentally incapacitatedincapacitated

4.4. Dangerous drug is the proximate cause of Dangerous drug is the proximate cause of death of victimdeath of victim

5.5. Organizer, Manages the unlawful acts, financierOrganizer, Manages the unlawful acts, financier

Protector/Coddler - 12y1d to 20y + P100k to P500kProtector/Coddler - 12y1d to 20y + P100k to P500k

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►Sec 6.Sec 6. Maintenance of a Den, Dive or Maintenance of a Den, Dive or ResortResort

Den, Dive or ResortDen, Dive or Resort - - A placeA place where where any dangerous drug and/or controlled any dangerous drug and/or controlled precursor and essential chemicalprecursor and essential chemical is is administeredadministered, , delivereddelivered, , stored for stored for illegal purposesillegal purposes, , distributeddistributed, , soldsold or or used in any formused in any form. .

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► Sec 6. Maintenance of a Den, Dive or Resort

Maintenance Maintenance – Life to death + P500k – P10M fine– Life to death + P500k – P10M fine

Caters to minor clientsCaters to minor clients – Death + P10M fine – Death + P10M fine

FinancierFinancier - Death + P10M fine - Death + P10M fine

Protector/CoddlerProtector/Coddler - 12 years 1 day – 20 years +- 12 years 1 day – 20 years +P100k - P500k fineP100k - P500k fine

Client diesClient dies – Death + P1M - P15M fine – Death + P1M - P15M fine

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

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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

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Sec. 11Sec. 11 Possession of Dangerous Drugs Possession of Dangerous Drugs (See Sec. 13)

Life Imprisonment to Death andLife Imprisonment to Death and

Fine P500k - P10MFine P500k - P10M

Any person, who, unless authorized by Any person, who, unless authorized by law, shall law, shall possesspossess** any dangerous any dangerous drug in the following quantities, drug in the following quantities, regardless of the degree of purity:regardless of the degree of purity:


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Sec. 11Sec. 11 Possession of Dangerous Possession of Dangerous DrugsDrugs

Elements:Elements:

1.1. Person is in possession which is Person is in possession which is identified to be a prohibited drugidentified to be a prohibited drug

2.2. Such possession is not authorized by Such possession is not authorized by lawlaw

3.3. Person Person freelyfreely & & consciouslyconsciously possessed the said prohibited drugpossessed the said prohibited drug

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► (1) 10 grams or more of opium;(1) 10 grams or more of opium;► (2) 10 grams or more of morphine;(2) 10 grams or more of morphine;► (3) 10 grams or more of heroin;(3) 10 grams or more of heroin;► (4) 10 grams or more of cocaine or cocaine (4) 10 grams or more of cocaine or cocaine

hydrochloride;hydrochloride;► (5) 50 grams or more of methamphetamine (5) 50 grams or more of methamphetamine

hydrochloride or "shabu";hydrochloride or "shabu";► (6) 10 grams or more of marijuana resin or marijuana (6) 10 grams or more of marijuana resin or marijuana

resin oil;resin oil;► (7) 500 grams or more of marijuana; and(7) 500 grams or more of marijuana; and► (8) 10 grams or more of other dangerous drugs (8) 10 grams or more of other dangerous drugs such as, such as,

but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the 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 quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.by the Board in accordance to Section 93, Article XI of this Act.


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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.

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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 penalty of a minimum of 6 months REHABILITATIONREHABILITATION in a government in a government center center for the first offensefor the first offense

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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.

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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

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Marijuana

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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 Death + Fine of P10Mof P10M

Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section = Imprisonment of 12 years & 1 day - Imprisonment of 12 years & 1 day - 20 years Fine of P100k to P500k20 years Fine of P100k to P500k

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Other Unlawful ActsOther Unlawful Acts

Sec 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Sec 18. Unnecessary Prescription of Dangerous Drugs

Sec 19. Unlawful Prescription of Dangerous Drugs

Sec 37. Issuance of False or Fraudulent Drug Test Results

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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.


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Sec 27. Public Officer 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


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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


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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.

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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.

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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.

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Other Unlawful ActsOther Unlawful ActsSec 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

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Other Unlawful ActsOther Unlawful ActsSec 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:

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Other Unlawful ActsOther Unlawful ActsProvided, 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 6yFine of P10k to P50kin addition, perpetual absolute disqualification from public office

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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 20ywithout prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

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Thank you.

RA 9165 prohibited acts

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Transcript of RA 9165 prohibited acts