Title V.

Crimes
Relative to Opium
and Other
Prohibited Drugs

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Note: Art 190-194 were repealed by Narcotic Drugs, as amended
RA 6425, known as the “Dangerous by the 1972 Protocol, and
Drug Act of 1972.” RA No. 9165,
(2)  The Schedules annexed to the
known as the “Comprehensive
1971 Single Convention on
Dangerous Drug Act of 2002” in turn
Psychotropic Substances as
repealed RA No. 6425.
enumerated in the attached
DEFINITION OF IMPORTANT TERMS annex which is an integral
part of this Act. [Sec. 3(j),
Dangerous drugs - include those RA 9165]
listed in:
Chemical Diversion - The sale,
(1)  The Schedules annexed to the distribution, supply or transport of
1961 Single Convention on legitimately imported, in- transit,
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manufactured or procured controlled Narcotics Drugs and Psychotropic
precursors and essential chemicals, Substances.
in diluted, mixtures, or in
concentrated form, to any person or ACTS PUNISHED
entity engaged in the manufactured
. (1)  Importation of Dangerous
of any dangerous drugs, and shall
Drugs and/or Controlled
include packaging, labelling, or
Precursors and Essential
concealment of such transaction.
Chemical [Sec. 4]
Controlled Precursors and Essential
. (2)  Sale, Trading, Administration,
Chemicals - Include those listed in
Dispensation, Delivery,
Tables I and II of the 188 UN
Distribution and
Convention Against Illicit Traffic in
Transportation of Dangerous
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 Drugs and/or Controlled presented in court as evidence
Precursors and Essential [People vs. Musa, 2012]
Chemicals [Sec. 5]
(3)  Maintenance of a Den, Dive or
. (a) the identity of the buyer and Resort. [Sec. 6]
the seller, the object of the
(4)  Employees and Visitors of a
sale and the consideration;
Den, Dive or Resort [Sec. 7]
and

(b) the delivery of the thing sold and (5)  Manufacture of Dangerous
its payment. Drugs and/or Controlled
There must be proof that the Precursors and Essential
transaction or sale actually took Chemicals [Sec. 8]
place and that the corpus delicti be

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(6)  Illegal Chemical Diversion of accused was in possession of
Controlled Precursors and the dangerous drug(b) such
Essential Chemicals. [Sec. 9] possession is not authorized
by law (c) accused freely and
(7)  Manufacture or Delivery of consciously possessed the
Equipment, Instrument, dangerous drug
Apparatus, and Other
Paraphernalia for Dangerous (9)  Possession of Equipment,
Drugs and/or Controlled Instrument, Apparatus and
Precursors and Essential Other Paraphernalia for
Chemicals. [Sec. 10] Dangerous Drugs [Sec. 12]

(8)  Possession of Dangerous (10)  Possession of Dangerous

Drugs [Sec. 11](a) the Drugs During Parties, Social
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 Gatherings or Meetings [Sec. (d)  the possession of the
13] dangerous drug must
have occurred during
(a)  the accused was in a party, or at a social
possession of the gathering or meeting,
dangerous drug, or in the proximate
company of at least
(b)  such possession is not
two (2) persons
authorized by law
[People vs. Martinez,
(c)  the accused freely and 2010]
consciously possessed
. (11)  Possession of Equipment,
the dangerous drug
Instrument, Apparatus and

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 Other Paraphernalia for Original Records of
Dangerous Drugs During Transactions on Dangerous
Parties, Social Gatherings or Drugs and/or Controlled
Meetings [Sec. 14] Precursors and Essential
Chemicals [Sec. 17]
. (12)  Use of Dangerous Drugs
[Sec. 15] (15)Unnecessary Prescription of
Dangerous Drugs [Sec. 18]
. (13)  Cultivation or Culture of
Plants Classified as (16) Unlawful Prescription of
Dangerous Drugs or are Dangerous Drugs [Sec. 19]
Sources Thereof. [Sec. 16]
PENALTIES FOR UNLAWFUL ACTS
. (14)  Maintenance and Keeping of
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. (1)  The penalty of life . (a)  Those acts which
imprisonment to death and a involve any controlled
fine ranging from P500,000 precursor and
to P10,000,000 - Those acts essential chemical
which include or involve any [Secs. 4, 5, 6, 8, 9
dangerous drugs [Secs. 4, 5, and 10]
6, 8, 11, 16 and 19]
. (b)  Anyone who acts as a
. (2)  The penalty of 12 years and 1 "protector/ coddler" of
day to 20 years of any violator of the
imprisonment and a fine provisions under
ranging from P100,000.00 to sections 4, 5, 6, 8 and
P500,000 16

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. (c)  Sections 7, 10, 16, 17. regardless of the imposable
penalty shall not be allowed
to avail of the provision on
. (3)  The maximum penalty plea-bargaining. [Sec. 23,
provided for under sections Art. II, RA 9165]
4, 5, 6, 8 and 16 shall be
imposed upon any person,
who organizes, manages or
acts as a "financier" of any of
the illegal activities
prescribed in those sections.

. (4)  Any person charged under

any provision of this Act
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Any person convicted for drug aggravating circumstance in the
trafficking or pushing under this Act, commission of a crime by an
regardless of the penalty imposed by offender, and the application of the
the Court, cannot avail of the penalty provided for in the Revised
privilege granted by the Probation Penal Code shall be applicable. [Sec.
Law or Presidential Decree No. 968, 25, Art. II, RA 9165]
as amended. [Sec. 24, Art. II, RA
Any attempt or conspiracy to
9165]
commit the following unlawful acts
Notwithstanding the provisions of shall be penalized by the same
any law to the contrary, a positive penalty prescribed for the
finding for the use of dangerous commission of the same as provided
drugs shall be a qualifying under this Act [Sec. 26, Art. II, RA

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9165]: (c)  Maintenance of a den, dive or
resort where any dangerous
(a)  Importation of any dangerous drug is used in any form;
drug and/or controlled
precursor and essential (d)  Manufacture of any dangerous
chemical; drug and/or controlled
precursor and essential
(b)  Sale, trading, administration, chemical;
dispensation, delivery,
distribution and (e)  Cultivation or culture of plants
transportation of any which are sources of
dangerous drug and/or dangerous drugs.
controlled precursor and
The maximum penalties of the
essential chemical;
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unlawful acts provided for in this Act penalty of death. [Sec. 29, Art. II,
shall be imposed, in addition to RA 9165]
absolute perpetual disqualification
In case any violation of this Act is
from any public office, if those found
committed by a partnership,
guilty of such unlawful acts are
corporation, association or any
government officials and employees.
juridical entity, the partner,
[Sec. 28, Art. II, RA 9165]
president, director, manager,
Any person who is found guilty of trustee, estate administrator, or
"planting" any dangerous drug officer who consents to or knowingly
and/or controlled precursor and tolerates such violation shall be held
essential chemical, regardless of criminally liable as a co-principal.
quantity and purity, shall suffer the [Sec. 30, Art. II, RA 9165]

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In addition to the penalties rights such as but not limited to:
prescribed in the unlawful act
. (1)  the rights of parental
committed, any alien who violates
authority or guardianship,
such provisions of this Act shall,
either as to the person or
after service of sentence, be
property of any ward;
deported immediately without
further proceedings, unless the
. (2)  the rights to dispose of such
penalty is death. [Sec. 31, Art. II,
property by any act or any
RA 9165]
conveyance inter vivos, and

Accessory Penalties: A person

. (3)  political rights such as but not
convicted under this Act shall be
limited to the right to vote
disqualified to exercise his/her civil
and be voted for.
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Such rights shall also be suspended vs. Lacerna, 1997]
during the pendency of an appeal
he crime of illegal sale of dangerous
from such conviction. [Sec. 35, Art.
drugs
II, RA 9165]

necessarily includes the crime of

Possession of marijuana is absorbed
illegal
in the sale thereof, except where the
seller is further apprehended in
possession of dangerous drugs. The
possession of another quantity of
same
the prohibited drugs not covered by
or included in the sale and which are ruling may also be applied to the
probably intended for some future other acts
dealings or use by the seller. [People
penalized under Article II, Section 5
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of Republic drugs

Act No. 9165 because for the [People vs. Maongco, 2013]
accused to be able
IMMUNITY FROM PROSECUTION
to trade, administer, dispense, AND PUNISHMENT
deliver, give
(1)  Any person who has violated
away to another, distribute, dispatch Sections 7, 11, 12, 14, 15,
in transit, and 19, Article II of this Act,

or transport any dangerous drug, he (2)

must Whovoluntarilygivesinformati
onaboutany violation of
necessarily be in possession of said
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 Sections 4, 5, 6, 8, 10, 13, from prosecution or
and 16, Article II of this Act punishment for the offense
as well as any violation of the with reference to which
offenses mentioned if his/her information of
committed by a drug testimony were given, and
syndicate, or any information may plead or prove the
leading to the whereabouts, giving of such information
identities and arrest of all or and testimony in bar of such
any of the members thereof; prosecution: Provided the
following conditions concur:
(3)  Who willingly testifies against
such persons as described (a)  The information and
above, shall be exempted testimony are

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 necessary for the (d)  The informant or witness
conviction of the has not been
persons described previously convicted
above; of a crime involving
moral turpitude,
(b)  Such information and except when there is
testimony are not yet no other direct
in the possession of evidence available for
the State; the State other than
the information and
(c)  Such information and
testimony of said
testimony can be
informant or
corroborated on its
material points;
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witness;(e) The informant or witness appear to be most guilty for the
shall strictly offense with reference to which the
information or testimony were
and faithfully comply without delay, given: Provided, finally, That there is
any condition or undertaking, no direct evidence available for the
reduced into writing, lawfully State except for the information and
imposed by the State as further testimony of said informant or
consideration for the grant of witness. [Sec. 33, Art. II, RA 9165]
immunity from prosecution and
punishment. Termination of Grant of Immunity
[Sec. 34, Art. II, RA 9165]:
Provided, further, That this
immunity may be enjoyed by such . (1)  The immunity granted to the
informant or witness who does not informant or witness, as
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prescribed in Section 33 of case, the informant or
this Act, shall not attach witness shall be subject to
should it turn out prosecution and the
subsequently that the enjoyment of all rights and
information and/or testimony benefits previously accorded
is false, malicious or made him under this Act or any
only for the purpose of other law, decree or order
harassing, molesting or in shall be deemed terminated.
any way prejudicing the
. (2)  In case an informant or
persons described in the
witness under this Act fails or
preceding Section against
refuses to testify without just
whom such information or
cause, and when lawfully
testimony is directed. In such
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obliged to do so, or violate
any condition accompanying
such immunity as provided
above, his/her immunity shall
be removed and he/she shall
likewise be subject to
contempt and/or criminal
prosecution, as the case may
be, and the enjoyment of all
rights and benefits previously
accorded him under this

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ct or in any other law, decree or proper disposition in the following
order shall be deemed terminated. manner [Sec. 21, Art. II, RA 9165]:

Custody and Disposition of Seized (1)  The apprehending team shall

Substances physically inventory and
photograph the same in the
The PDEA shall take charge and presence of the accused, his
have custody of all dangerous drugs, representative or counsel, a
plant sources of dangerous drugs, representative from the
controlled precursors and essential media and the DOJ, and any
chemicals, as well as elected public official who
instruments/paraphernalia and/or shall be required to sign the
laboratory equipment so confiscated, copies of the inventory and
seized and/or surrendered, for
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 be given a copy thereof; quantitative examination;

(2)  Within 24 hours upon (3)  A certification of the results,

confiscation/seizure of done under oath by the
dangerous drugs, plant forensic laboratory examiner,
sources of dangerous drugs, shall be issued within 24
controlled precursors and hours after receipt of the
essential chemicals, as well subject items. When the
as paraphernalia and/or volume of the subject does
laboratory equipment, the not allow the completion of
same shall be submitted to testing within 24 hours, a
the PDEA Forensic Laboratory partial report shall be issued
for a qualitative and stating therein the quantity

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 of dangerous drugs still to be inspection of the confiscated,
examined by the forensic seized and/or surrendered
laboratory; and a final items, including the
certification shall be issued instruments and/or
on the completed forensic laboratory equipment;
laboratory examination on
. (6)  The PDEA shall then within 24
the same within the next 24
hours proceed with the
hours;
destruction or burning of the
(4)  Filing of the criminal case in same, in the presence of the
court. accused, his his/her
representative or counsel, a
(5)  The Court shall, within 72 representative from the
hours, conduct an ocular
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 media and the DOJ, civil all instances, the
society groups and any representative sample/s shall
elected public official. be kept to a minimum
quantity as determined by
. (7)  The Board shall then issue a the Board;
sworn certification to the fact
of destruction or burning of . (8)  After the promulgation and
the subject items which, judgment in the criminal case
together with the wherein the representative
representative samples in the sample/s was presented as
custody of the PDEA, shall be evidence in court, the trial
submitted to the court having prosecutor shall inform the
jurisdiction over the case. In Board of the final termination

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 of the case and, in turn, shall presentation to the court for
request the court for leave to destruction. Such record of
turn over the said movements and custody of seized
representative sample/s to items shall include the identity and
the PDEA for proper signature of the person who held
disposition and destruction temporary custody of the seized
within 24 hours from receipt items, the date and time when such
of the same. transfer of custody was made in the
course of safekeeping and use in
Chain of Custody – the duly court as evidence, and the final
recorded authorized movements and disposition. [Sec. 1b, DDB
custody of subject items at each Resolution No. 1, Series of 2002,
stage, from the time of seizure to implementing RA 9165]
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Non-compliance with these shall be subjected to screening
requirements under justifiable laboratory examination or test within
grounds, as long as the integrity and 24 hours, if the apprehending or
the evidentiary value of the seized arresting officer has reasonable
items are properly preserved by the ground to believe that the person
apprehending officer/team, shall not apprehended or arrested, on account
render void and invalid of physical signs or symptoms or
other visible or outward
such seizures of and custody over manifestation, is under the influence
said items. [Sec. 21a, IRR of RA of dangerous drugs. If found to be
9165] positive, the results of the screening
laboratory examination or test shall
Any person apprehended or arrested
be challenged within 15 days after
for violating the provisions of the Act
26
receipt of the result through a screening laboratory test must be
confirmatory test conducted in any confirmed for it to be valid in court
accredited analytical laboratory of law. [Sec. 38, IRR of RA 9165]
equipped with a gas
Non-presentation of the forensic
chromatograph/mass spectrometry
chemist in illegal drug cases is an
equipment or some such modern
insufficient cause for acquittal. The
and accepted method, and if
corpus delicti (the body of the
confirmed, the same shall be prima
crime) in dangerous drugs cases
facie evidence that such person has
constitutes the dangerous drug
used dangerous drugs, which is
itself. [People vs. Quebral (2009)]
without prejudice for the prosecution
for other violations of the provisions
The presumption of regularity of
of the Act: Provided, that a positive
official acts does not apply when
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police officers have failed to comply undergo drug testing: [Sec. 36, Art.
with the standard of procedure set III, RA 9165]
by law in a way that compromises
(1)  Applicants for driver’s license
the integrity and evidentiary value of
the thing seized. In such case, the
(2)  Applicants for firearm’s
indispensable element of corpus
license and permit to carry
delicti would not be proven. [Fajardo
firearms outside of residence.
vs. People (2012)]
All persons who by the nature
of their profession carry
OTHER IMPORTANT POINTS
firearms shall undergo drug

Authorized Drug Testing testing.

The following shall be subjected to (3)  Students of secondary or

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 tertiary schools. subject to the provisions of
Article 282 of the Labor Code
(4)  Officers and employees of and pertinent provisions of
public and private offices, the Civil Service Law.
whether domestic or
overseas, as contained in the (5)  Officers and members of the
company’s work rules and military, police and other law
regulations. Any officer or enforcement agencies
employee found positive for
(6)  All persons charged before
use of dangerous drugs shall
the prosecutor's office with a
be dealt with administratively
criminal offense having an
which shall be a ground for
imposable penalty of
suspension or termination,
imprisonment of not less than
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 six (6) years and one (1) day Where the Constitution has
shall have to undergo a expressly set out the qualifications,
mandatory drug test.* these are exclusive and may not be
broadened or circumscribed by
(7)  All candidates for public office legislative fiat. [SJS vs. DDB and
whether appointed or elected PDEA (2008)]
both in the national or local
government shall undergo a *The operative concepts in the
mandatory drug test. mandatory drug testing are
“randomness” and “suspicionless.”
The testing requirement as to In the case of persons charged with
national officials whose qualification a crime
requirements have been set forth in
the Constitution is unconstitutional. before the prosecutor’s office, a
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mandatory drug testing can never parent, spouse, guardian or relative
be random or suspicionless. It within the fourth degree of
violates their right to privacy and consanguinity or affinity, apply to
self- incrimination, and is thus the Board or its duly recognized
unconstitutional. [SJS v DDB and representative, for treatment and
PDEA (2008)] rehabilitation of the drug
dependency.
May a drug dependent who is found
guilty of the use of dangerous drugs Upon such application, the Board
voluntarily submit himself for shall bring forth the matter to the
treatment and rehabilitation?Yes. Court which shall order that the
The drug dependent may, by applicant be examined for drug
himself/herself or through his/her dependency. [Sec. 54, Art. VIII, RA

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9165] purpose.

Is there also compulsory A petition for the confinement of a

confinement? person alleged to be dependent on
dangerous drugs to a Center may be
Yes. Notwithstanding any law, rule filed by any person authorized by
and regulation to the contrary, any the Board with the Regional Trial
person determined and found to be Court of the province or city where
dependent on dangerous drugs shall, such person is found. [Sec. 61, Art.
upon petition by the Board or any of VIII, RA 9165]
its authorized representative, be
confined for treatment and Any parent, spouse or guardian who,
rehabilitation in any Center duly without valid reason, refuses to
designated or accredited for the cooperate with the Board or any
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concerned agency in the treatment How long will the drug dependent be
and rehabilitation of a drug confined for treatment and
dependent who is a minor, or in any rehabilitation?Confinement in a
manner, prevents or delays the Center for treatment and
after-care, follow-up or other rehabilitation shall not exceed one
programs for the (1) year, after which time the Court,
as well as the Board, shall be
welfare of the accused drug apprised by the head of the
dependent, whether under voluntary treatment and rehabilitation center
submission program or compulsory of the status of said drug dependent
submission program, may be cited and determine whether further
for contempt by the court. [Sec. 73, confinement will be for the welfare
Art. VIII, RA 9165] of the drug dependent and his/her
33
family or the community. [Sec. 54, follow-up program for at least
Art. VIII, RA 9165] eighteen (18) months
following temporary
How will a drug dependent who is discharge from confinement
under the voluntary submission in the Center
program and is finally discharged
from confinement in the Center be (2)  He/she has never been
exempt from criminal liability? charged or convicted of any
offense punishable under this
(1)  He/she has complied with the Act, the Dangerous Drugs Act
rules and regulations of the of 1972 or Republic Act No.
center, the applicable rules 6425, as amended; the
and regulations of the Board, Revised Penal Code, as
including the after-care and
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 amended; or any special What are the functions of the
penal laws Dangerous Drugs Board?

(3)  He/she has no record of (1)  Be the policy-making and

escape from a Center strategy- formulating body in
the planning and formulation
(4)  He/she poses no serious of policies and programs on
danger to himself/herself, drug prevention and control.
his/her family or the
community by his/her (2)  Develop and adopt a
exemption from criminal comprehensive, integrated,
liability [Sec. 55, Art. VIII, unified and balanced national
RA 9165] drug abuse prevention and
control strategy.
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 (3)  Be under the Office of the essential chemical as provided in
President. [Sec. 77, Art. IX, this Act. [Sec. 82, Art. IX, RA 9165]
RA 9165]

What is the PDEA?

The PDEA is the Philippine Drug

Enforcement Agency. It serves as
the implementing arm of the
Dangerous Drugs Board. It shall be
responsible for the efficient and
effective law enforcement of all the
provisions on any dangerous drug
and/or controlled precursor and
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