Cdi 7 Ra 9165

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DRUGS:

YOU USE, YOU LOSE!

Republic Act
No. 9165
RA NO. 9561

An Act Instituting The


Comprehensive Dangerous Drugs
Act Of 2002, Repealing Republic Act
No. 6425, Otherwise Known As The
Dangerous Drugs Act Of 1972, As
Amended, Providing Funds Therefor,
And For Other Purposes
Republic Act No. 9165

The Comprehensive Dangerous Drugs Act of 2002,


officially designated as Republic Act No. 9165, is a consolidation of
Senate Bill No. 1858 and House Bill No. 4433. It was enacted and
passed by the Senate of the Philippines and House of
Representatives of the Philippines on May 30, 2002 and May 29,
2002, respectively. It was signed into law by President Gloria
Macapagal Arroyo on June 7, 2002.
Punishable act &
penalty
Section 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation

 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). (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). (Of controlled
precursor and essential chemical)

 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"
Section 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation

The maximum penalty shall be imposed in every case.


(+Death + Fine of P 10,000,000)

 If act/s A and/or B transpires within 100 meters from school.

 If act/s A and/or B employed minors or the mentally incapacitated as runners,


couriers, and messengers.
 If the victim of act/s A and/or B is a minor or mentally incapacitated

 If A and/or B in question is the proximate cause of death of a victim

 As “financier” of acts A and/or B


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
 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
 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 14. 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.
Section 15. Use of Dangerous Drugs

• A person apprehended or arrested, who is found to be positive for use


of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the FISRT
OFFENSE.
• 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.
Section 18. 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.
Section 19. 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.
Section 22. Grant of Compensation,
Reward and Award

The Board shall recommend to the concerned


government agency the grant of compensation, reward and
award to any person providing information and to law
enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous
drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals.
Section 29. Criminal Liability for
Planting of Evidence

Any person who is found guilty of


"planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of
death.
Section 37. Issuance of False or
Fraudulent Drug Test Results

Any person authorized, licensed or accredited under this Act and its
implementing rules to conduct drug examination or test, who issues false or
fraudulent drug test results knowingly, willfully or through gross negligence, shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the


license to practice his/her profession in case of a practitioner, and the closure of the
drug testing center.
Section 41. Involvement of the Family

The family being the basic unit of the Filipino


society shall be primarily responsible for the education
and awareness of the members of the family on the ill
effects of dangerous drugs and close monitoring of
family members who may be susceptible to drug abuse
Section 42. Student Councils and
Campus Organizations

All elementary, secondary and tertiary schools'


student councils and campus organizations shall include
in their activities a program for the prevention of and
deterrence in the use of dangerous drugs, and referral for
treatment and rehabilitation of students for drug
dependence.
SYSTEMS PLUS COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

Three
jurisprudence
THREE JURISPRUDENCE

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 the maximum
penalties provided for in Section 11 of this Act, regardless of the
quantity and purity of such dangerous drugs.
THREE JURISPRUDENCE

Section 21. Custody and Disposition of Confiscated, Seized, and/or


Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia, and/or Laboratory Equipment
-The PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized, and/or surrendered, for proper
disposition
THREE JURISPRUDENCE

SEC. 23. Plea-Bargaining Provision.

-Any person charged under any provision of this Act


regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
THE MORE YOU USE,
THE LESS YOU LIVE!

Thank
you!!

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