R.A.

9165
The
Comprehensive
Dangerous
Drugs Act of
2002
Declaration of Policy
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, and to defend the same against acts
or omissions detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances
through an integrated system of planning, implementation and enforcement of anti-
drug abuse policies, programs, and projects. The government shall however aim to
achieve a balance in the national drug control program so that people with legitimate
medical needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or
measures to re-integrate into society individuals who have fallen victims to drug
abuse or dangerous drug dependence through sustainable programs of treatment
and rehabilitation.
CHANGES MADE BY R.A. 9165
ON PENALTIES
• The penalties for violation of SPLs such as life imprisonment are
revived, and the nomenclatures of the RPC were deleted from the
law.
• The penalty is no loner based on quantity involved, except in the
case of possession, but even here the quantity involved is much
lower than in the old law, hence harsher.
• Use of dangerous drugs under Section 15 now has graduated
penalty.
• A person charged under any provision of the law regardless of the
imposable penalty cannot avail of the provision on plea
bargaining. On the other hand, the provision to avail of the
CHANGES MADE BY R.A. 9165
ON PENALTIES
• Accessory penalties are imposed in the form of disqualification to
exercise civil and political rights and the same are suspended
during pendency of appeal from conviction.

• When a crime is committed by the offender under the influence of

drugs, a positive finding thereof shall be qualifying and the rules
under the RPC shall be followed. Thus, homicide becomes murder.
CHANGES MADE BY R.A. 9165
ON NEW OFFENSES
• Illegal chemical diversion of CPEC
• Failure to maintain and keep original records of transactions
• Attempt or conspiracy
• Misappropriation, misapplication of failure by a public officer of
employee to account for the confiscated , seized, and/or
surrendered dangerous drugs and its sources,
instruments/paraphernalia and/or laboratory equipment including
the proceeds or properties obtained for the unlawful act committed
CHANGES MADE BY R.A. 9165
ON NEW OFFENSES
• “Planting” as evidence any dangerous drugs and/or CPEC,
regardless of the quantity and purity
• Violation of any regulation issued by the Board
• Issuance of false or fraudulent drug test results
• Violation of confidentiality of records
• Refusal of law enforcers
• Delay and bungling in the prosecution of drug cases by any
government officer or employee task with their prosecution through
patent laxity, inexcusable negligence
 USE AND POSSESSION OF DRUGS
SIMULTANEOUSLY

Section 15, Article II on use of dangerous drugs does not apply

when a person charged with its violation is also found to have
possession of such quantity of drugs, provided under Section 11 of
the same law. This means that the appellant may not be charged
separately of violation of Section 11 on illegal possession of
dangerous drugs and of Sex. 15 on use since it is clear from the said
provisions that Section 11 shall apply.
PUNISHABLE ACTS AND THEIR PENALTIES
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other Penalty
P500k to P10M P100K to P500K Range/ Accessory
Imprisonment Imprisonment Penalty
Life imprisonment to 12 years 1day to
death* 20years
Importation of  Importation per se of  Importation of any  Confiscation of (used)
Dangerous Drugs any dangerous drug controlled precursor diplomatic passport
and/or Controlled (Sec 4, par 1) and/or essential (sec 4, par 3)
 Any person or chemicals (CPEC)  If government
Precursors and
persons acting as (Sec 4, par 2) employee) Absolute
Essential Chemicals financier (Sec 4, par  Acting as and perpetual
(Sec.4 par 1) 4) coddler/protector disqualification from
   Using diplomatic (Sec 4, par 5) any public office (Sec
  passport, facilities or  In Attempted or 28)
any means or official Conspiracy (Sec 26)  If Alien, deportation
status to facilitate  including partners, after serving
entry (Sec 4, par 3) officers of sentence (Sec 31)
 In Attempted or corporations, etc.  Civil Interdiction (Sec
Conspiracy (Sec 26) (Sec 30 par 1) 35)
 including partners,  Use vehicle, vessel,  If offender is a minor
officers of aircraft and other and violation with
corporations, etc. facility owned by or maximum penalty
(Sec 30 par 1) under the control or imprisonment of
 Use vehicle, vessel, supervision of (Sec reclusion perpetua to
aircraft and other 30 par 2) death* (Sec 98)
facility owned by or  
under the control or
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT
  Fine Fine
P500k to P10M P100K to P500K
Imprisonment Imprisonment
Life imprisonment to 12 years 1day to
death* 20years
Sale, Trading,  Any person or persons
Administration, acting as broker of
Dispensation, Delivery, dangerous drugs
Distribution and Regardless of quantity or
Transportation of purity, specie or purpose
Dangerous Drugs and/or (Sec 5)
Controlled Precursors
 100m from school (Sec 5)
 Using minors (Sec. 5)
and Essential Chemicals
 If a minor or incapacitated
(CPEC) (Sec 5)
victim dies as a result (Sec
5)
 Any person or persons
acting as financier (Sec 5)
 In Attempted or
Conspiracy (Sec 26)
 including partners, officers
of corporations, etc. (Sec
30 par 1) Use vehicle,
vessel, aircraft and other
facility owned by or under
the control or supervision
of (Sec 30 par 2)
 Any person or persons
acting as broker of
controlled precursor and
essential chemicals
Regardless of quantity or
purity, specie or purpose
 Acting as coddler
/protector
 In Attempted or
Conspiracy (Sec 26)
 including partners, officers
of corporations, etc. (Sec
30 par 1)
 Use vehicle, vessel,
aircraft and other facility
owned by or under the
control or supervision of
(Sec 30 par 2)
PENALTIES
Additional/Other
Penalty Range/
Accessory Penalty
 Confiscation of (used)
diplomatic passport
(sec 4, par 3)
 If government
employee) Absolute
and perpetual
disqualification from
any public office (Sec
28)
 If Alien, deportation
after serving
sentence (Sec 31)
 Civil Interdiction (Sec
35)
 If offender is a minor
and violation with
maximum penalty
imprisonment of
reclusion perpetua to
death* (Sec 98)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT
  Fine
P500k to P10M
Imprisonment
Life imprisonment to
death*
Maintenance of a Den,  Any person or persons
Dive or Resort (Sec 6) who maintain a den, dive
or resort where any
dangerous drug is used/
sold in any form.(Sec 6)
 where any dangerous
drug is used or sold to
minors (Sec 6)
 Any person/s acting as
‘financier’(Sec 6)
 In Attempted or
Conspiracy (Sec 26)
 including partners,
officers of corporations,
etc. (Sec 30 par 1)
 Use vehicle, vessel,
aircraft and other facility
owned by or under the
control or supervision of
(Sec 30 par 2)
Fine
P100K to P500K
Imprisonment
12 years 1day to
20years
 Any person or persons
who maintain a den, dive
or resort where any
controlled precursor or
essential chemical is
used or sold in any form.
(Sec 6)
 Acting as
coddler/protector (Sec 6)
 In Attempted or
Conspiracy (Sec 26)
 including partners,
officers of corporations,
etc. (Sec 30 par 1)
 Use vehicle, vessel,
aircraft and other facility
owned by or under the
control or supervision of
(Sec 30 par 2)
PENALTIES
Additional/Other
Penalty Range/
Accessory Penalty
 If government employee,
Absolute and perpetual
disqualification from any
public office
 For the owner or
maintainer and/or
operator of the Den,
Dive or Resort where
while using the same, a
person dies, and
dangerous drugs be
proximate cause of
death the penalty is
Death* and fine of 1M to
15 M.
 if owned by third person,
escheat in favor of
government**
 
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Employees and Visitors  Employee or visitor who  If government
of Den, Dive or Resort is aware of the nature of employee) Absolute
(Sec 7) the place, such den, dive and perpetual
or resort (Sec 7) disqualification from
any public office (Sec
28)
 If Alien, deportation
after serving
sentence (Sec 31)
 Civil Interdiction (Sec
35)
 If offender is a minor
and violation with
maximum penalty
imprisonment of
reclusion perpetua to
death* (Sec 98)
 
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Manufacture of  Any person or persons  Mere presence of  If government employee,
Dangerous Drugs and/or engaged in manufacture manufacture of Absolute and perpetual
Controlled Precursors of dangerous drugs (Sec controlled precursor and disqualification from any
and Essential Chemicals 8) essential chemicals public office
(Sec 8)  Any person or persons  Acting as  If Alien, deportation
acting as ‘financier’ (Sec coddler/protector after serving sentence
8)  In Attempted or (Sec 31)
 Maximum Penalty*
Conspiracy (Sec 26)  Civil Interdiction (Sec 35)
Aggravated if laboratory
 including partners,  
is: (a) using minors; (b)
100m form residential, officers of corporations,  
business, church or etc. (Sec 30 par 1)
school; (c) secured by  Use vehicle, vessel,
booby traps; (d) aircraft and other facility
concealed with legitimate owned by or under the
business operations; (e) control or supervision of
employs chemical (Sec 30 par 2)
engineer, public official or  
foreigner.
 In Attempted or Conspiracy
(Sec 26) including partners,
officers of corporations, etc.
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT
  Fine
P500k to P10M
Imprisonment
Life imprisonment to
death*
Cultivation or Culture of  Any person who shall
Plants Classified as plant, cultivate or culture
Dangerous Drugs or are marijuana or opium
Sources Thereof (Sec 16) poppy or any other plant  In Attempted or
considered dangerous
drug regardless of
quantity (Sec 16)
 If land is public domain
(Sec 16)
 Any person acting as
financier, manager
 In Attempted or
Conspiracy (Sec 26)
 including partners,
officers of corporations,
etc. (Sec 30 par 1)
 Use vehicle, vessel,
aircraft and other facility
owned by or under the
control or supervision of
(Sec 30 par 2)
Fine
P100K to P500K
Imprisonment
12 years 1day to
20years
 Any person acting as
protector/coddler (Sec
16)
Conspiracy (Sec 26)
 including partners,
officers of corporations,
etc. (Sec 30 par 1)
 Use vehicle, vessel,
aircraft and other facility
owned by or under the
control or supervision of
(Sec 30 par 2)
PENALTIES
Additional/Other
Penalty Range/
Accessory Penalty
 If government employee,
Absolute and perpetual
disqualification from any
public office
 If Alien, deportation
after serving sentence
(Sec 31)
 Civil Interdiction (Sec 35)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT
  Fine Fine
P500k to P10M P100K to P500K
Imprisonment Imprisonment
Life imprisonment to 12 years 1day to
death* 20years
Manufacture or Delivery  Using minors or  Any person who
of Equipment, incapacitated to deliver possess/ manufacture
Instrument, Apparatus, (Sec 10) with intent to deliver; to
and Other Paraphernalia be used to plant,
for Dangerous Drugs propagate, cultivate,
and/or Controlled grow, harvest,
Precursors and Essential manufacture, compound,
Chemicals (Sec 10) convert, produce,
prepare, process, test,
analyze, pack, repack,
store, contain, conceal
any dangerous drugs,
controlled precursor and
essential chemicals (Sec
10)
 If deliver using a minor
or incapacitated(Sec 10)
PENALTIES
Additional/Other
Penalty Range/
Accessory Penalty
 Imprisonment 6 mos and
1 day to 4 yrs and fine
of P10K to P50K if used
to inject, ingest, inhale
or otherwise introduce to
the human body
dangerous drugs*(Sec
10)
 If government employee,
Absolute and perpetual
disqualification from any
public office (Sec 10)
 If Alien, deportation
after serving sentence
(Sec 31)
 Civil Interdiction (Sec 35)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
**Illegal Chemical    Any person who diverts  If government employee,
Diversion of Controlled controlled precursor or Absolute and perpetual
Precursors and Essential essential chemicals (Sec disqualification from any
Chemicals (Sec 9) 9) public office (Sec 9)
 If Alien, deportation
after serving sentence
(Sec 31)
 Civil Interdiction (Sec 35)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Possession of Dangerous  10g+ opium  *and fine of 300k to  <50g Shabu
Drugs (Sec 11)  10g+ morphine 400K =Life imprisonment and
 10g+ heroin <5g of Opium, fine of 400K to 500K
 10g+ cocaine morphine, heroin, (Sec 11)
 10g+cocaine HCl cocaine, cocain HCl,  5g+<10g
 50g+Shabu Marijuana resin or resin Opium, morphine,
 10g+Marijuana resin or oil, shabu (Sec 11) heroin, cocaine, cocain
resin oil  <300g of newly HCl, Marijuana resin or
 500g+Marijuana introduced drugs , resin oil, shabu
 10g+Marijuana, MDMA, MDMA, PMA, TMA, LSD, =20yrs 1 day to Life
PMA, TMA, LSD, GHB GHB and similar imprisonment 400k to
and similar derivatives derivatives without 500k (Sec 11)
without therapeutic therapeutic value and  If government employee,
value (Sec 11) their derivatives. (Sec Absolute and perpetual
11) disqualification from any
  public office (Sec 9)
 If Alien, deportation after
serving sentence (Sec 31)
 Civil Interdiction (Sec 35)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Possession of Equipment,  Imprisonment of 6mos 1
Instrument, Apparatus day to 4 yrs and fine of
and Other Paraphernalia 10K to 50K
for Dangerous Drugs  Mere possession is
prema facie evidence of
use
Possession of Dangerous  Or in proximity to at     (If government
Drugs During Parties, least two (2) persons employee) Absolute and
Social Gatherings or perpetual disqualification
Meetings from any public office
(Sec 28)
 If Alien, deportation
after serving sentence
(Sec 31)
 Civil Interdiction (Sec 35)
  If offender is a
minor, imprisonment of
reclusion perpetua to
death*
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Possession of Equipment,        Imprisonment of 6mos 1
Instrument, Apparatus day to 4 yrs and fine of
and Other Paraphernalia 10K to 50K
for Dangerous Drugs  Or in proximity to at
During Parties, Social least two (2) persons
Gatherings or Meetings  If government employee,
Absolute and perpetual
disqualification from any
public office
Use of Dangerous Drugs        First offense, 6mos
rehab
 Second offense,
Imprisonment of 6yrs 1
day to 12 yrs and
penalty of 50k to 200k
 But if tested positive and
at the same time
possessed any quantity
Sec 11 will apply
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
**Maintenance and        Imprisonment of 1yr 1
Keeping of Original day to 6yrs and fine of
Records of Transactions 10K to 50K
on Dangerous Drugs  If being a licensed
and/or Controlled practitioner failed to
Precursors and Essential keep records or if
Chemicals (Sec 17) licensed is revoked
 If government employee,
Absolute and perpetual
disqualification from any
public office (Sec 28)

 
Unnecessary Prescription     If practitioner prescribes  Revocation of license
of Dangerous Drugs (Sec to those conditions  If government employee,
18) which does not require Absolute and perpetual
disqualification from any
public office (Sec 28)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
Unlawful Prescription of  Unlicensed person who     If government employee,
Dangerous Drugs makes, issue or makes Absolute and perpetual
writing purporting to be disqualification from any
prescription public office
**Planting of evidence any        *Death
dangerous drug and/or  If government employee,
controlled precursor and Absolute and perpetual
essential chemical,
disqualification from any
regardless of quantity and
purity. (Sec 29) public office
**Public Officer or Employee  Public Officer or     If government employee,
– Misappropriation, Employee – Absolute and perpetual
Misapplication, Failure to
Misappropriation, disqualification from any
Account Confiscated, Seized
Misapplication, Failure to public office
and/or Surrendered,
dangerous drug and/or Account
controlled precursor and
essential chemical,
Apparatus, Equipment or
Paraphernalia, including
proceeds (Sec 27)
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
**Issuance of False or        Imprisonment of 6 yrs 1
Fraudulent Drug Test day to 12 yrs and a fine
Results (Sec 37) of 100k to 500k
 Revocation of License
**Violation of         6 mos 1 day to 4 yrs
Regulations Issued by and fine of 10K to 50k
the Board (Sec. 32)
**Violation of        6 mos 1 day to 6 yrs and
Confidentiality of fine of 1K to 6k
Records ( Sec 72)  If government employee,
Absolute perpetual
disqualification from any
public office in addition to
maximum penalty
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
**Refusal of law enforcers • Refusal to testify  Administrative Liability
any government official or by immediate supervisor
employee to testify (Sec 91)
and/or appropriate body
 Failure to present
reasonable effort to
present the withnesses,
a penalty of
imprisonment of not less
than 2 mos 1 day but
not more than 6 years
and a fine of not less
than 10K but not more
than 50K in addition to
Absolute Perpetual
Disqualification to hold
Public Office
 PUNISHABLE ACTS CIRCUMSTANCES AND EQUIVALENT PENALTIES
  Fine Fine Additional/Other
P500k to P10M P100K to P500K Penalty Range/
Imprisonment Imprisonment Accessory Penalty
Life imprisonment to 12 years 1day to
death* 20years
**Delay and bungling in the  Imprisonment 12
prosecution of drug cases by years 1day to
any government officer or 20years
employee tasked with their  May be prosecuted under
prosecution through RPC
apparent laxity, inexcusable
negligence, and
unreasonable delay or
deliberately causes the
unsuccessful prosecution
and/or dismissal of the drug
cases (Sec 92)
 Custody and Disposition of Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Source of Dangerous Drugs,
CPEC, Instruments, Paraphernalia and/or Laboratory Equipment

PROCEDURE UPON ARREST/APPREHENSION

• STEP 1: Photograph and Physical Inventory (Upon
Arrest/Apprehension)
• With Media, LGU, DOJ
• LGU Official shall certify inventory
• STEP 2: Quantitative and Qualitative Examination (within 24 hours)
• STEP 3 Certification of Results of Examination (within 24 hours)
• STEP 4 Ocular Inspection after Filing Case (within 72 hours)
• PDEA shall proceed with the Burning/Destruction within 24 hours
• Representative Samples Retained
• STEP 5 Sworn Certification of Actual Burning/Destruction;
 Custody and Disposition of Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Source of Dangerous Drugs,
CPEC, Instruments, Paraphernalia and/or Laboratory Equipment

PROCEDURE AFTER PROMULGATION OF JUDGEMENT

• STEP 1:Prosecutor shall inform PDEA of Termination of the Case;
• STEP 2:Prosecutor shall ask leave of Court turn over the said
representative sample/s to the PDEA for proper disposition and
destruction
• STEP 2:PDEA shall proceed with the Burning/Destruction within
24 hours
• Representative Samples Retained
• STEP 5 Sworn Certification of Actual Burning/Destruction;
 Participation of Local Government Units
• Any place or premises which have been used on two or more
occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance, and
such nuisance may be abated, pursuant to the following
procedure
(1) Any city or municipality may, by ordinance, create and
administrative board to hear complaints regarding nuisances;
(2) Any employee, officer, or resident of the city or
municipality may bring a complaint before the Board after giving
not less than [3] days written notice of such complaint to the
owner of the place or premises at his last known address; and
• (3) After hearing in which the Board may consider any evidence,
including evidence of the general reputation of the place or
premises, and at which the owner of the premises shall have an
opportunity to present evidence in [his] defense, the Board may
declare the place or premises to be a public nuisance. (Sec. 52)
• If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting the
conduct, operation, or maintenance of any business or activity
on the premises which is conducive to such nuisance.
An order entered under this section shall expire after [1] year or
at such earlier time as stated in the order. The Board may bring a
complaint seeking a permanent injunction against any nuisance
described under this section. (Sec. 53)
Program for treatment and rehabilitation of
drug dependents
• A drug dependent or any person who violates section 15 of this
act may, by himself or through [his] 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.
a). Apply to the Board under the Voluntary Submission Program
(VSP) 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 shows that he is a drug
dependent, he shall undergo treatment and rehabilitation for a
period of not less than [6] months. (Sec. 54) and be
1. Exempted from criminal liability (Sec. 55)

2. Placed on probation and undergo community service (Sec. 57)

3. Charged for violation of Sec. 15 (Sec. 58)

b. Be compulsory confined under the Compulsory Submission

Program (CSP). The confinement may either be through petition by
the Board with the RTC or by the prosecutor/court where the drug
dependent is charged with an offense punishable with a penalty less
than 6 years and 1 day. In such case, the court or the prosecutor
shall be suspend all further proceedings at any stage and transmit
copies of the record of the case to the Board. (Sec. 62)
• Occasional “use” of dangerous drug, is not the same as
drug dependent. (People vs Dischoso G.R. No. 101216-18)
THANK YOU!!