This document outlines unlawful acts and penalties related to dangerous drugs and controlled chemicals according to Republic Act 9165. It describes various offenses like importation, sale, manufacture and possession of dangerous substances and their corresponding penalties, which range from fines to life imprisonment or death. Aggravating circumstances are also defined that increase the maximum penalties.
This document outlines unlawful acts and penalties related to dangerous drugs and controlled chemicals according to Republic Act 9165. It describes various offenses like importation, sale, manufacture and possession of dangerous substances and their corresponding penalties, which range from fines to life imprisonment or death. Aggravating circumstances are also defined that increase the maximum penalties.
This document outlines unlawful acts and penalties related to dangerous drugs and controlled chemicals according to Republic Act 9165. It describes various offenses like importation, sale, manufacture and possession of dangerous substances and their corresponding penalties, which range from fines to life imprisonment or death. Aggravating circumstances are also defined that increase the maximum penalties.
This document outlines unlawful acts and penalties related to dangerous drugs and controlled chemicals according to Republic Act 9165. It describes various offenses like importation, sale, manufacture and possession of dangerous substances and their corresponding penalties, which range from fines to life imprisonment or death. Aggravating circumstances are also defined that increase the maximum penalties.
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REPUBLIC ACT 9165
The Comprehensive Dangerous Drugs
Act of 2002 ARTICLE II- UNLAWFUL ACTS AND PENALTIES • Sec. 4. IMPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS • A. Life Imprisonment to Death and a fine of P500,000.00 to P10,000,000.00 – any person not authorized by law who shall import or bring into the Philippines any dangerous drug, regardless of quantity and purity involved, including any andd all species of opium poppy or any part thereof or substance derived therefrom even for floral, decoratice and culinary purposes. • Imprisonment of 12 years and 1 day to 20 years and a fine of P100,000.00 to P500,000.00- any person not authorized by law who shall import any controlled precursor and essential chemical. • - the maximum penalty shall be imposed of the offender import or bring into the Philippines any dangerous drugs and/or controlled precursor and essential chemicals through the use of diplomatic passport, diplomatic facilities or any other means involving his/her official status • - the maximum penalty shall be imposed upon any person who organizes, manages or acts as financier • 12 years and 1 day to 20 years imprisonment and a fine of P100,000.00 to P500,000.00- for the protector or coddler Sec. 5- SALE, TRADING,ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS • Life Imprisonment to Death and a Fine ranging from P500,000.00 to P10,000,000.00- all species of opium poppy regardless of the quantity and purity involved and who shall act as broker • 12 years and 1 day to 20 years and a fine of P100,000.00 to P500,000.00- controlled precursor and essential chemical and who shall act as broker • Maximum penalty is to be imposed in the following instances: • 1. if the sale, trading, administration etc transpires within 100 meters from the school • 2. when minors or mentally incapacitated persons are used as runners, couriers and messengers or in any other capacity directly connected to acts under Sec.5 • 3. when the victim is a minor or mentally incapacitated person • 4. when death resulted • 5. against the organizer, manager, financier • 12 years and 1 day to 20 years imprisonment and a fine of P100,000.00 to P500,000.00- for the protector or coddler Section 6. Maintenance of a Den, Dive or Resort • 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. • 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 • Maximum Penalty is imposed when: • 1. any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place. • 2. upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
• 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 (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator. • If such den, dive or resort is owned by a third person, the same shall 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. • 12 years and 1 day to 20 years imprisonment and a fine of P100,000.00 to P500,000.00- for the protector or coddler Section 7. 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 Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. • The penalty of life imprisonment to death and a fine ranging 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 undertaken within one hundred (100) meters of a 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 business 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. Section 9. 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 Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, 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. Section 11. Possession of Dangerous Drugs
Article Ii Unlawful Acts and Penalties Section 4. Importation of Dangerous Drugs And/or Controlled Precursors and Essential Chemicals.-.The Penalty of Life Imprisonment