TITLE FIVE

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Articles 190, 191, 192 and 193 of the Revised Penal Code were repealed by Republic Act No. 6425, known as the
"Dangerous Drugs Act of 1972," which took effect on March 30, 1972, as amended by P.D. No. 1683 and further
amended by Republic Act No. 7659.

Republic Act No. 9165, known as the "Comprehensive Dangerous Drugs Act of 2002," which took effect on July 4,
2002, repealed Republic Act No. 6425 and amended Republic Act No. 7659.

LIMITED APPLICABILITY OF REVISED PENAL CODE TO REPUBLIC ACT NO. 9165.

Section 98 of Rep. Act No. 9165 expressly states that "[notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in
the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death.

ACTS PUNISHED BY THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002.

THE ACTS PUNISHED ARE:
1. Importation of dangerous drugs and/or controlled precursors and essential chemicals;
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals;
3. Maintenance of a dangerous drug den, dive or resort;
4. Being employees or visitors of a dangerous drug den, dive or resort;
5. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals;
6. Illegal chemical diversion of controlled precursors and essential chemicals;
7. Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or
controlled precursors and essential chemicals;
8. Possession of dangerous drugs;
9. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs;
10. Possession of dangerous drugs during parties, social gatherings or meetings;
11. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social
gatherings or meetings;
12. Use of dangerous drugs;
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof;
14. Failure to maintain and keep original records of transactions on dangerous drugs and/or controlled precursors and
essential chemicals;
15. Unnecessary prescription of dangerous drugs; and
16. Unlawful prescription of dangerous drugs.

PENALTIES FOR UNLAWFUL ACTS.

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of
opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.
-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.
-The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under
this Act, shall import or bring into the Philippines any dangerous drug and/ or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his I her official
status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.
-The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
-The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this Section. (Sec. 4)
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals.
-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in
any of such transactions.
-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500.000.00) shall be imposed upon
any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in
such transactions.
-If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.
-For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any
other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemicals trade, the
maximum penalty shall be imposed in every case.
-If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and I or a
controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of
a victim thereof, the maximum penalty provided for under this Section shall be imposed.
-The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
-The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler” of any violator of the provisions under this Section. (Sec. 5)

3. Maintenance of a Den, Dive or Resort.

-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or
resort where any dangerous drug is used or sold in any form.
-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential
chemical is used or sold in any form.
-The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to use the same in such a place. ~"
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort,
the penalty of death and a fine ranging from One million (PI,000,000.00) to Fifteen million pesos (P15,000,000.00) shall
be imposed on the maintainer, owner and/or operator.
-If such den, dive or resort is owned by a third person, the same s h a l l be confiscated and escheated in favor of the
government: Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the
furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use
the property for such purpose: Provided, finally, That the owner shall be included as an accused in the criminal
complaint.
-The maximum penally provided for under this Section shall be imposed upon any person who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500.000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this Section. (Sec. 6)

4. Employees and Visitors of a Den, Dive or Resort.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(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. (Sec. 7)

5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500.000.00) shall be imposed upon
any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.
-The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is
a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the following circumstances:
A. Any phase of the manufacturing process was conducted in the presence or with the help of minor/s;
B. Any phase or manufacturing process was established or under- taken within one hundred (100) meters ofa residential,
business, church or school premises;
C. Any clandestine laboratory was secured or protected with booby traps;
D. Any clandestine laboratory was concealed with legitimate busi- ness operations; or
E. Any employment of a practitioner, chemical engineer, public official or foreigner.
-The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this Section. (Sec. 8)

6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical. (Sec.
9)

7. Manufacture or Delivery of Equipment, Instrument, Appa- ratus, and Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals.
-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument,
apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should
know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor
and essential chemical in violation of this Act.
-The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
-The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a
mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for
dangerous drugs. (Sec. 10)

8. Possession of Dangerous Drugs.

-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless of the degree of purity thereof:
1. (1) 10 grams or more of opium;
2. (2) 10 grams or more of morphine;
3. (3) 10 grams or more of heroin;
4. (4) 10 grams or more of cocaine or cocaine hydrochloride;
5. (5) 50 grams or more of methamphetamine hydrochloride or
"shabu"
6. (6) 10 grams or more of marijuana resin or marijuana resin oil;
7. (7) 500 grams or more of marijuana; and
8. (8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine
(MDMA) or "ecstasy," paramethoxyamphetamine (PMA), trimethoxyamphe- tamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxybutyrate (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.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as
follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400.000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine hydro-chloride or “shabu” is ten (10) grams or more but less
than fifty (50) grams.

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu," or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy," PMA, TMA, LSD, 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; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are
less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu" or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy," PMA, TMA, LSD, 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; or less than
three hundred (300) grams of marijuana. (Sec. 11)

9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
-The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon 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: Provided, That in the case of medical practitioners and various professionals who are required to
carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.
-The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph 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 ot this Act. (Sec. 12)

10. 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 the maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous drugs. (Sec. 13)

11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings.
-The maximum penalty provided for in Section 12 of this Act shall be imposed upon 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, or introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons. (Sec. 14)

12. 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 six (6) months rehabilitation in a government center for the first offense,
subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she
shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): 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. (Sec. 15)

13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon 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: Provided, That in the case of medical
laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or
materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.
-The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation
or culture despite the exercise of due diligence on his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed upon the offender.
-The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
-The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler” of any violator of
the provisions under this Section. (Sec. 16)

14. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
-The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50.000.00) shall be imposed upon any practitioner, manufacturer,
wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of
the original records of transactions on any dangerous drug and I or controlled precursor and essential chemical in
accordance with Section 40 of this Act.
-An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a
practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer. (Sec. 17)

15. Unnecessary Prescription of Dangerous Drugs.

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly those who are involved in the care of persons
with severe pain. (Sec. 18)

16. Unlawful Prescription of Dangerous Drugs.

-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a prescription for any dangerous drug. (Sec. 19)

DEFINITION OF TERMS.

A. Administer. — Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a
person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
B. Chemical Diversion. — The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured
or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
C. Clandestine Laboratory. — Any facility used for the illegal manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
D. Controlled Precursors and Essential Chemicals. — Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
E. Cultivate or Culture. — Any act of knowingly planting, growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.
F. Dangerous Drugs. — Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances.
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
G. Deliver. — Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means,
with or without consideration.
H. 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.
I. Dispense. — Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.
J. Employee of Den, Dive or Resort. — The caretaker, helper, watchman, lookout, and other persons working in the
den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in
connection with the operation thereof.
K. Financier. — Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under this Act.
L. Illegal Trafficking. — The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled
precursor and essential chemical.
M. Manufacture. — The production, preparation, compounding or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or
other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or
substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous
drugs or such substances that are not intended for sale or for any other purpose.
N. Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. — Embraces every
kind, class, genus, or specie of the plant Cannabis Sativa L. including, but not limited to, Cannabis Americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and
flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any form whatsoever.
O. Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy," or by its any other name. —
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
P. Methamphetamine Hydrochloride or commonly known as "Shabu," "Ice," "Meth," or by its any other name.
— Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
Q. Opium. — Refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and embraces every kind,
class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters
as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use
or not.
R. Opium Poppy. — Refers to any part of the plant of the species Papaver Somniferum L., Papaver Setigerum DC,
Papaver Orientale, Papaver Bracteatum and Papaver Rhoeas, which includes the seeds, straws, branches, leaves or any
part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.
S. 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.
T. Practitioner. — Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
U. Protector/Coddler. — Any person who knowingly and willfully consents to the unlawful acts provided for in this
Act and uses his/ her influence, power or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order
to prevent the arrest, prosecution and conviction of the violator .
V. Pusher. — Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
W. Sell. — Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for
money or any other consideration.
X. Trading. — Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-
way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
Y. Use. — Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing,
eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous
drugs.
CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE UNLAWFUL
ACT, INCLUDING THE PROPERTIES OR PROCEEDS DERIVED FROM THE ILLEGAL TRAFFICKING
OF DANGEROUS DRUGS AND/OR PRECURSORS AND ESSENTIAL CHEMICALS.

Every penalty imposed for the —

1. a) unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and essential chemical,
2. b) cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment,
instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment shall
carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties
derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act was committed, unless they are the property of a
third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of this Act. (Sec. 20)

NON-APPLICABILITY OF THE PROBATION LAW FOR DRUG TRAFFICKERS AND PUSHERS.

Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended. (Sec. 24)

QUALIFYING AGGRAVATING CIRCUMSTANCES IN THE COMMISSION OF A CRIME BY AN

OFFENDER UNDER THE INFLUENCE OF DANGEROUS DRUGS.
Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable. (Sec. 25)

ATTEMPT OR CONSPIRACY TO COMMIT CERTAIN ACTS SHALL BE PENALIZED BY THE SAME

PENALTY PRESCRIBED FOR THE COMMISSION OF THE SAME, IN THE FOLLOWING CASES:

A. Importation of any dangerous drug and/or controlled precursor and essential chemical;
B. Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
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. (Sec. 26)

CRIMINAL LIABILITY OF A PUBLIC OFFICER OR EMPLOYEE FOR MISAPPRO- PRIATION,

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.
-The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000.00) to Ten
million pesos (PIO.000,000.00), in addition to absolute perpetual disqualification from any public office, shall be
imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized
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 acts as provided for in this Act.
-Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical
persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions,
and intermediaries, including government-owned or -controlled corporations. (Sec. 27)

CRIMINAL LIABILITY OF GOVERNMENT OFFICIALS AND EMPLOYEES.

-The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty of such unlawful acts are government officials and
employees.

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. (Sec. 29)
CRIMINAL LIABILITY OF OFFICERS OF PARTNERSHIPS, CORPORATIONS, ASSOCIATIONS OR
OTHER JURIDICAL ENTITIES.
-In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the
partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such
violation shall be held criminally liable as a co-principal.
-The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager,
trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel,
aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or supervision ofthe partnership, corporation,
association or juridical entity to which they are affiliated. (Sec. 30)

ADDITIONAL PENALTY IF OFFENDER IS AN ALIEN.

-In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act
shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death. (Sec.
31)

ACCESSORY PENALTIES.
-A person convicted under this Act shall be disqualified to exercise his/ her civil rights such as but not limited to, the
rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such
property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be
voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction. (Sec. 35)

VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO CONFINEMENT, TREATMENT AND

REHABILITATION.
-A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent.
Spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. If the
examination by a DOH- accredited physician results in the issuance of a certification that the applicant is a drug
dependent, he/ she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by the
Board for a period of not less than six (6) months: Provided, That a drug dependent may be placed under the care of a
DOH- accredited physician where there is no Center near or accessible to the residence of the drug dependent or where
said drug dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will
not pose a serious danger to his/her family or the community.

-Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as
well as the Board shall be apprised by the head of the treatment and rehabilitation center of the status of said drug
dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or
the community. (Sec. 54)

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:
1. (1) He/she has complied with the rules and regulations of the Center, the applicable rules and regulations of the
Board, including the after-care and follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case ofa dependent placed under the care ofthe DOH-
accredited physician, the after-care program and follow-up schedule formulated by the DSWD and approved by
the Board: Provided, That capability-building of local government social workers shall be undertaken by the
DSWD;
2. (2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs
Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal
laws;
3. (3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity
or affinity, within one (1) week from the date of the said escape; and
4. (4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption
from criminal liability. (Sec. 55)

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 in
the service of his/her sentence. (Sec. 58)

COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO APPLY UNDER THE

VOLUNTARY SUBMISSION PROGRAM.
-Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on
dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and
rehabilitation in any Center duly designated or accredited for the purpose.
-A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any
person authorized by the Board with the Regional Trial Court of the province or city where such person is found.
-After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order
shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him.
-If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2)
physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the court
shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and
consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall issue an order for
his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of
discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the
appropriate petition. (Sec. 61)

COMPULSORY SUBMISSION OF A DRUG DEPENDENT CHARGED WITH AN OFFENSE TO

TREATMENT AND REHABILITATION.
-If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1)
day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the
case to the Board.
-In the event the Board determines, after medical examination, that public interest requires that, such drug dependent be
committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the regional
trial court of the province or city where he/ she is being investigated or tried: Provided, That where a criminal case is
pending in court, such petition shall be filed in the said court. The court shall take judicial notice of the prior proceedings
in the case and shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the court every four (4)
months, or as often as the court may require, a written report on the progress of the treatment. If the dependent is
rehabilitated, as certified by the Center and the Board, he/she shall be returned to the court, which committed him, for
his/her discharge therefrom.
-Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case may
be. In case of conviction, the judgment shall, if the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he/she shall be given full credit for the period he/she was confined in the Center:
Provided, however, That when the offense is for violation of Section 15 of this Act and the accused is not a recidivist, the
penalty thereof shall be deemed to have been served in the Center upon his/her release therefrom after certification
by the Center and the Board that he/she is rehabilitated. (Sec. 62)

PRESCRIPTION OF THE OFFENSE CHARGED AGAINST A DRUG DEPENDENT UNDER THE

COMPULSORY SUBMISSION PROGRAM.
-The period of prescription of the offense charged against a drug dependent under the compulsory submission program
shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment
and rehabilitation program approved by the Board.
-Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall order
his/her release on condition that he/she shall report to the Board through the DOH for after- care and follow-up treatment
for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board.
-If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the court
shall order his/her final discharge from confinement and order for the immediate resumption of the trial of the case for
which he/she is originally charged. Should the Board through the DOH find at anytime during the after-care and follow-
up period that he/she requires further treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.
-Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, he/she
may resubmit himself/ herself for confinement within one (1) week from the date of his/her escape; or his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the same period, surrender
him for recommitment. If, however, the drug dependent does not resubmit himself/ herself for confinement or he/she is
not surrendered for recommitment, the Board may apply with the court for the issuance of the recommitment order.
-Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent to such
recommitment, he/she should escape again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
-A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt
from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case filed in court. -
On the other hand, a drug dependent who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for under Section 15 of this Act again without
prejudice to the outcome of any pending case filed in court. (Sec. 63)

PROVISIONS APPLICABLE TO FIRST-TIME MINOR OFFENDER.

(1) Suspension of Sentence of a First-Time Minor Offender.

An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of
this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after
having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following
conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of
1972, as amended; or of the Revised Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.

-While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board,
under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months.
-Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the
care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than
eighteen (18) months.
-In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this
Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by
Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section. (Sec. 66)

(2) Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.
-If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of
the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final
discharge of the accused, shall discharge the accused and dismiss all proceedings.
-Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records,
other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept
confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of
perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him for any purpose. (Sec. 67)

(3) Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender.
-The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time
offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not
more than eighteen (18) years of age at the time when judgment should have been promulgated. (Sec. 68)

(4) Promulgation of Sentence for First-Time Minor Offender.

-If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules
and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and
regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she
shall serve sentence as any other convicted person. (Sec. 69)

(5) Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
-Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing law on probation, or impose community
service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken
by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. -
Upon compliance with the conditions ofthe probation, the Board shall submit a written report to the court recommending
termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order.
-The community service shall be complied with under conditions, time and place as may be determined by the court in
its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The
completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during
the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said
community service. The court in its discretion may require extension of the community service or order a final discharge.
-In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.
-If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the
suspended sentence period shall be deducted from the sentence to be served. Sec. 70)

LIABILITY OF A PARENT, SPOUSE OR GUARDIAN WHO REFUSES TO COOPERATE WITH THE

BOARD OR ANY CONCERNED AGENCY.
-Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency
in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the after-
care, follow-up or other programs for the welfare of the accused drug dependent, whether under voluntary submission
program or compulsory submission program, may be cited for contempt by the court. (Sec. 73)

IMPORTATION OF DANGEROUS DRUGS.

-There must be proof that the ship came from a foreign port. Thus, when the fiscal fails to prove that the steamer in
which the opium was found or from which it was landed came from a foreign port, the accused cannot be convicted of
illegal importation of opium.

"POSSESSION OF OPIUM ON BOARD A VESSEL IS PUNISHABLE WHEN PHILIPPINE PORT IS ITS

DESTINATION."
-When a foreign steamer anchored in any of our ports after arriving direct from a foreign country, mere possession of
opium therein is punishable. (U.S. vs. Ah Sing, 36 Phil. 978)
-The ruling does not apply when the foreign vessel is in transit, in which case mere possession of opium therein is not
punishable.

SALE OF DANGEROUS DRUGS.

-Unlike under the repealed R.A. No. 6425 (1972) or the Dangerous Drugs Act of 1972 where the imposable penalty
depends on the quantity of the regulated drug involved, Sec. 5 of RA No. 9165 now imposes the penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) for the sale, trade, administration, dispensation, delivery, distribution and transportation of shabu, a
dangerous drug, regardless of the quantity involved. (People vs. Villanueva, G.R. No. 172116, October 30, 2006, citing
Mabutas v. Perello 459 SCRA 368, 393 [2005]

A PERSON WHO VISITED ANOTHER WHO WAS SMOKING OPIUM IS NOT LIABLE, IF THE PLACE IS
NOT A DRUG DEN, DIVE OR RESORT.
-The accused was charged with having permitted one Ong Ting to use opium personally and with having knowingly
visited the place where said Chinaman was smoking opium. It was held that it was not unlawful to be in a room in which
another was smoking opium, unless the place is an opium den. (U.S. vs. Sy Bun Kue, 34 Phil. 176)

POSSESSION OF DANGEROUS DRUGS.

-It must be (1) unauthorized, (2) either actual or constructive, (3) irrespective of its quantity, and (4) with intent to
possess, i.e., with full knowledge that what was possessed was any of the prohibited drugs or dangerous drugs. (See
People vs. Say Guat, C.A., 52 O.G., 5913, based on Art. 190, par. 1, of the Revised Penal Code)

-That the accused is not authorized to possess opium, need not be alleged in the information.

-The phrase "unless lawfully authorized" in the 1st paragraph of Art. 190, states an element if defense and, therefore, it is
not necessary to allege in the information that the accused is not authorized to possess opium. (U.S. vs. Chan Toco, 12
Phil. 262)

EXAMPLE OF LACK OF INTENT TO POSSESS OPIUM.

-While the policemen were searching the house for opium, the wife was told by her husband to get from beneath a pillow
a small can said to contain opium and to throw it away. Held: The wife had no intent to possess the opium. There is no
proof that she knew that the can contained opium. The mere fact that she took possession of it under her husband's order
is not such a possession as is intended to be condemned by the law. (U.S. vs. Concepcion, 31 Phil. 182)

-But the finding of opium in the house or upon the premises of the accused is prima facie evidence of knowledge or
animus possidendi and is sufficient to sustain a conviction in the absence of satisfactory explanation. (U.S. vs. Bandoc,
23 Phil. 14)

-The accused may rebut the presumption of knowledge and establish the absence of knowledge on his part as to the
presence of the drugs in his premises. (U.S. vs. Gan Lian Po, 34 Phil. 880)
WHAT THE LAW PUNISHES IS PRESENT POSSESSION OF DANGEROUS DRUGS.
-One who is found with stains only of opium or its derivatives upon the hands or clothing, cannot be convicted of having
in his possession opium or its derivatives. Stains of opium indicate merely past possession thereof. What the law
punishes is the present possession of opium. (U.S. vs. Tan Seng Ki, 28 Phil. 54)

-But present possession of opium, even in small quantities, like the opium contained in pills, described as "very slightly"
is punished (US vs. Lim Poco, 25 Phil. 84)

"SHALL POSSESS."
-The words "shall possess" are not limited to manual touch or personal custody. A principal acting through an agent
comes within the purview of this expression.

-Thus, where the boatman carried in his boat a sack, without knowing that it contained opium, he is not liable. It is the
owner of the opium, who is liable for illegal possession thereof, although the opium was found in the boatman's
possession.

-The words "shall possess" that is, the relation between the owner of the drug and the drug itself, when the owner is not
in actual physical possession, but when it is still under his control and management and subject to his disposition. (U.S.
vs. Chan Guy Juan, 23 Phil. 105)

PATENT MEDICINE CONTAINING OPIUM.

-The legislature has intended to penalize the unauthorized use of opium even for medicinal purposes.
-The law authorizes its use as medicine, but there must be a prescription therefor by a physician.
-But an innocent purchaser of a patent medicine or other medical preparation who is not aware that such preparation
contains opium is not guilty. (U.S. vs. Lim Poco, 25 Phil. 84)

PRESUMPTION FROM ILLEGAL POSSESSION OF DRUG PARAPHERNALIA.

-In a case where the policeman who raided a house found opium and opium paraphernalia on a table around which the
appellants and their co-accused were gathered, it was held that the appellants and their co- accused are presumed the
possessors thereof, and such illegal possession of such prohibited article is a prima facie evidence that they have used the
prohibited drug. (People vs. Lian, et al., 47 O.G. 5209)

Chain of custody in drugs cases

1. Seizure and marking, if practicable of the illegal drug recovered from the accused by the apprehending officer
2. Turnover of the illegal drug seized by the apprehending officer to the investigating officer
3. Turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination
4. Turnover and submission of the marked illegal drug seized by the forensic chemist to the court.