R.A.

9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

JULY 4, 2002
REPEALING RA 6425
 
RA 9165
 Repealed RA 6425 or the Dangerous Drugs Act of 1972.
 Mandates the Dangerous Drugs board to be the policy and strategy making body that plans and
formulates programs on drug prevention and control
 These two ideally work hand in hand to fight drugs
 
What does RA 9165 cover?
 It is the policy of the state to safeguard the integrity of its territory and the well-being of its
citizenry particularly the youth from the harmful effects of dangerous drugs on their physical and
mental well-being
 To defend the same against acts or omissions detrimental to their development and
preservation
 
PLEA BARGAINING IN DRUGS CASES:
 The Court, in separate resolutions in A.M. No. 18-03-16-SC issued in 2018 and 2019, held among
others, that plea bargaining in drugs cases is allowed and probation may be availed of only in the
following instances:
1. When the accused is charged with possession of dangerous drugs under Section 11 of
RA 9165 and the quantity of "Shabu" is lass than 5 grams or in case of marijuana, it is less
than 300 grams.
2. When the accused is charged under Section 5 of RA 9165 with the sale of "shabu" and
the quantity found in his/her possession is less than 1 gram; or if marijauna only, it is less
than 10 grams
3. When the accused is charges under Section 13 (Possession of Dangerous Drug During
Parties Social Gatherings or Meetings) in relation to Section 11 of RA 9165 and the quantity
of the dangerous drug in his/her possession is less than 5 grams; or in case it is marijuana,
the quantity is less than 300 grams.
4. When the accused is an employee or a visitor of a drug den, dive or resort provided that
he/she is charged solely under Section 7 or RA 9165, and there is no other person charged
for maintaining the said drug den, dive or resort.
 Also allowed when an accused is charged with possession of "shabu" weighing 5 to 99.9 grams;
or marijuana weighing 300 to 499 grams. However, provation of the accused will not be allowed in
such instances.
 No plea bargaining is allowed in the following instances:
1. Possession of 10 grams or more of "shabu"
2. Possession of 500 grams or more of marijuana
3. Sale of "Shabu" exclusively with a quantity of 1.00 gram or more
4. Sale of marijuana exclusively with a quantity of 10 grams or more
5. Sale of all other kinds of dangerous drugs
 
RA 9165: UNLAWFUL ACTS AND PENALTIES
 
 Section 4. IMPORTATION OF DANGEROUS DRUGS and/or CONTROLLED PRECURSORS and
ESSENTIAL CHEMICALS
 
Offenders and their penalties:
o Importer: Reclusion Perpetua (life imprisonment) + P500k-P10M
o Importer using Diplomatic Passport: Reclusion Perpetua (life imprisonment) + P10M
o Financer, Organizer, Manager of Importation: Reclusion Perpetua (life imprisonment) +
P10M
o Protector / Coddler: 12 years and 1 day to 20 years of imprisonment + P100K to P500K
 Section 5. SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION &
TRANSPORTATION of DANGEROUS DRUGS
 
Penalty: Life imprisonment to death + P500K to P10M
Maximum penalty is imposed on:
o Committed within 100 m from a school
o Use of minors or mentally incapacitated persons as runners, couriers and messengers or in
any other capacity
o If the victim is a minor or mentally incapacitated
o Dangerous drug is the proximate cause of death to victim
 
 Section 6. MAINTENANCE OF A DEN, DIVE OR RESORT
 
Penalty:
o Maintenance: Reclusion Perpetua (life imprisonment) + P500K to P10M fine
o Financer: Reclusion Perpetua (life imprisonment) + P10M fine
o Protector / Coddle: 12 years, 1 day to 20 years + P100K to P500K fine
o Client dies: Reclusion Perpetua (life imprisonment) + P1M to P15M fine
Note: the den/dive/resort shall be confiscated in favor of the government
 
 Section 7. EMPLOYEES AND VISITORS OF A DEN, DIVE OR RESORT
 
1. Any employees of a den, dive or resort who is AWARE of the NATURE OF THE PLACE as such;
and
2. Any person who, not being included in the provisions of Section 8, is AWARE OF THE
NATURE of the place such AND KNOWINGLY VISIT the same
Penalty: Imprisonment from 12 years and 1 day to 20 years + P100K-P500K fine
 
 Section 8. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS
 
Penalties:
o For the manufacture of drugs
 Reclusion perpetua + P500K-10M fine
o For the manufacture of controlled precursors and essential chemicals:
 12 years and 1 day to 20 years + P100K to P500k fine
Note: the presence of any controlled precursor and essential chemical or laboratory equipment in
the CLANDESTINE (or secret) laboratory is a PRIMA FACIE proof of manufacture of any dangerous
drugs
 
 PRIMA FACIE - presumed as such unless proven otherwise
 
Aggravating circumstances are:
o Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s
o Any phase or manufacturing process was established or undertaken within 100 meters of a
residential business, church or school premises
o Any laboratory was secured or protected with booby traps
o Any clandestine laboratory was concealed with legitimate business operations
o Any employment of a practitioner, chemical engineer, public official or foreigner
 
 Section 11. POSSESSION OF DANGEROUS DRUGS
 
Elements:
o Person is in possession which is identified to be a prohibited drug
o Such possession is not authorized by law
o Person freely and consciously possessed the said prohibited drug
Penalty depends on the quantity of drugs possessed
 
 Section 12. POSSESSION OF EQUIPMENT, INSTRUMENTS, APPARATUS AND OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS
 
Penalty:
o Imprisonment of 6 months and 1 say to 4 years and a fine of P10K to P50K
Note: the possession of such... Shall be prima facie evidence that the possessor ahs smoked,
consumed, administered, to himself/herself, injected, ingested or used a dangerous drug and shall
be presumed to have violated Section 15 of RA 9165
 
 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 MAXIMUM penalties
provided for in Section 11 of RA 9165, regardless of the quantity and purity of the dangerous
drugs
 
 Section 14. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS
 
Note: Section 12 and 14 are most applicable offense for "pot session" offenders sharing SAME
quantities of drugs and pieces of paraphernalias however it is NO BAIL RECOMMENDED
 
 Section 15. USE OF DANGEROUS DRUGS
 
A person apprehended or arrested, who is found to be positive for use of any dangerous drug,
after confirmatory test, shall be imposed a penalty of a minimum of 6 months REHABILITATION in
a government center for the FIRST offense
 
 If apprehended using any dangerous drug for the SECOND TIME: imprisonment of 6 years and 1
day to 12 years + fine of 50K to 200K
 
Note: twist in the filing of the case when the offender is found positive for the use of drugs
For Section 11-Section 15 is an aggravating circumstance
If no Section 11 but only Section 12 then add Section 15 to the filing
 
 Section 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE
SOURCES OF THEREOF
 
Life imprisonment + fine of 500K to 10M
 
 Section 17. MAINTENANCE AND KEEPING OF ORIGINAL RECORDS OF TRANSACTIONS IN
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS
 
 Section 18. UNECESSARY PRESCRIPTION OF DANGEROUS DRUGS
 Section 19. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS
 Section 37 ISSUANCE OF FALSE OR FRAUDULENT DRUG TEST RESULTS
 
 Section 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
e. Cultivation or culture of plants which are sources of dangerous drugs
 
 Section 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 or
dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or properties obtained from the unlawful act
committed
 
 Section 29. Criminal Liability for Planting Evidence
 
Any person who is found guilty of planting dangerous drug and/or controlled precursor and
essential chemical regardless of quantity and purity, shall suffer the penalty of DEATH (reclusion
perpetua for now)
 
 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 any proceedings, involving violations
of this Act, without any valid reason
 
Penalty: imprisonment of 12 years and 1 day to 20 years + fine of 500K in addition to the
administrative liability he/she may be meted out by his/her immediate superior and/or
appropriate body
  
Note: 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
 
Penalty: imprisonment of 2 months and 1 say to 6 years + 10K to 50K fine in addition, perpetual
absolute disqualification from public office
 
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.
However, the concerned member of the law enforcement agency or government employee may
be transferred or re-assigned for compelling reasons
 
The 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 the immediate superior assign:
o Imprisonment of 2 months and 1 day to 6 years + fine of 10K to 50K in addition, perpetual
absolute disqualification from public office
 
 Section 92. DELAY AND 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:
 12 years and 1 day to 20 years