b)
c)
d) a)
Import or bring into the Philippines any dangerous drug, regardless of quantity and purity, also all opium poppy or part thereof derived from floral, decorative or culinary purposes.
Life Imprisonment to death Fine: 500K – 10M
b)
Import any controlled precursor and essential chemical
12 years 1 day to 20 years Fine: 100K-500K
c)
Import or bring into the Phils. any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, facility or official status to facilitate unlawful entry. Organizes, manages or acts as a “FINANCIER “FINANCIER”” of any of its illegal activities prescribed Who acts as a “protector/coddler” of any violator of the provisions under this section
Maximum penalty provided in Sec 4 *confiscation of diplomatic passport Maximum penalty provided in Sec 4. 12 years 1 day to 20 yrs. Fine: 100-500K
d) e)
e)
f) g)
a) a)
b)
c) d)
e) f) g)
a)
Sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug (including all species of opium poppy regardless of the quantity & purity) OR shall act as a broker in any of such transactions Sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical OR act as a broker in such transactions When (a &b) is made within 100 meters from from the school Drug pushers using minors or mentally incapacitated individuals as runners, couriers, messengers connected to dangerous drugs and/or controlled precursors & essential chemicals trade Victim of the offense is a OR that offense herein be the proximate cause of death of a victim Organizes, manages or acts as a “financier ” of any illegal activities Acts as a “protector/coddler” of any violator of the provisions under this section
Maintenance of a den, dive or resort Person/Group of persons who shall maintain a den,
b) Life Imprisonment to death Fine: 500K – 10M
dive or resort Any person/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 Any dangerous drug is administered, delivered or sold to a who is allowed to use the same in such a place Dangerous drug as proximate cause of death using the same in such den, dive or resort If den, dive or resort is PROVIDED: that criminal complaint alleged that such place was intentionally used in furtherance of crime PROVIDED FURTHER: prosecution shall prove intent on part of owner to use for such purpose PROVIDED FINALLY: owner included as accused in criminal complaint Manages, organizes or acts a “financier “financier ” for any of the illegal activities prescribed in this section Who acts a “protector/coddler” of any violator of this section
Any employees of a den, dive or resort, who is aware of the nature of the place as such Any person who, not being in A, is aware of the nature of the place as such and shall knowingly visit the same
Fine: 500K – 10M 12 years 1 day to 20 years Fine: 100K-500K Maximum penalty in every case Death Fine: 1-15 to owner, maintainer and/or operator
Confiscation and escheated in favor of the government
Maximum Penalty 12 years 1 day to 20 years Fine: 100K-500K
12 years 1 day to 20 years Fine: 100K-500K
12 years 1 day to 20 years Fine: 100K-500K
a)
Engage in the manufacture of ANY dangerous drug
Life Imprisonment to death Fine: 500K – 10M
Maximum penalty of in every case
b)
Maximum penalty in every case
c)
Presence of any controlled precursor and essential chemical or lab equipment in clandestine clandestine laboratory
d)
Aggravating in the following circumstance a. Any phase or manufacturing process done in presence or help of b. Any phase or manufacturing was established within 100 meters of a residential, business, church or school premises c. Any clandestine lab protected with booby traps d. Any clandestine lab concealed with legitimate business operations
Maximum Penalty Maximum Penalty 12 years 1 day to 20 years Fine: 100K-500K
Life Imprisonment to death
Manufacture any controlled precursor and essential chemical
12 years 1 day to 20 years Fine: 100K-500K PRIMA FACIE proof of manufacture of any dangerous drug
Aggravating: MAXIMUM penalty
e.
e) f)
Any employment of a practitioner, chemical engineer, public official or foreigner Organizes, manages or acts as financier Person who acts as a coddler/protector of any violators of this section.
Maximum 12 years 1 day to 20 years Fine: 100K-500K 5.
Illegal chemical diversion of controlled precursors and essential chemicals Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals
a.
6.
Possession of dangerous drugs Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs Possession of dangerous drugs during parties, social gatherings or meetings Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings Use of dangerous drugs Cultivation or culture of plants classified as dangerous drugs or are sources thereof
way prejudicing the persons against whom such information or testimony is directed against. b. In case the informant or witness fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity What are the accessory penalties on persons who violated this Act?
7.
Disqualified to exercise his/her civil rights (i.e. right of parental authority or guardianship) b. Disqualified to exercise political rights (i.e. right to vote and be voted for) What is the effect of attempt or conspiracy on the liability of the offender? “any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: Importation of any dangerous drugs and/or controlled precursor and essential chemical (Sec.4) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. (Sec.5) Maintenance of a den, dive or resort w here any dangerous drug is used in any form. (Sec.6) Manufacture of any dangerous drug and/or controlled precursor and essential chemicals. (Sec.8) Cultivation or culture of plants which are sources of dangerous drugs (Sec.16) May an offender be exempted from criminal liability?
-
Maintenance and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals 8.
. Under a drug dependent under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under Sec.15 of this Act subject to following conditions. What are the two drug testing methods employed?
Unnecessary prescription of dangerous drugs determine the positive result as well as the type of the Unlawful prescription of dangerous drugs 2.
3. 4.
Under what circumstances are the provisions of this statute considered a qualifying/aggravating circumstance? “… a positive finding of the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by a n offender and the application of the penalty provided for in the RPC shall be applicable.” Who are those covered by immunity from prosecution and punishment? (Informants and witnesses) When is the grant of immunity to informants and witnesses terminated? a.
It turned out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any
drug used 9.
confirms a positive screening test. How are the MINOR offenders dealt with under this statute? o o
o
Accused is over 15 years of a ge but not more than 18 years old May be given the benefits of a suspended sentence subject to the following conditions (refer to Sec.66)
If accused first-time minor offender violates any of the conditions of his/her suspended sentence… the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.
Upon promulgation of the sentence, the court may, in its discretion, placed the accused under probation… or impose community service in lieu of imprisonment 10. What court has the jurisdiction over dangerous drugs cases? o
1. for misappropriation, 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 Supreme Court shall designate special courts from among the existing 11. What is the application/non-application of RPC provision (sec.98, RA.9165) cf. Art.10 RPC? o
Maximum penalties and absolute perpetual disqualification
“…provisions of the RPC, 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 herein shall be reclusion perpetua to death.”
o
o
Penalty: life imprisonment to death Fine: P500K – 10M and absolute perpetual disqualification from any public office
Penalty of death Criminally liable as a co-principal
12. Who are other offenders that incur criminal liability? 5
Unlawful acts
n io t c e S
4
Importation of dangerous drugs and/or controlled precursors and essential chemicals
Offenders and corresponding penalties Life imprisonment to death Fine: ranging from 500K – 10M
Imprisonment: 12 years & 1 day – 20 years Fine: ranging from 100K – 500K
Maximum penalty
-
-
Import any
-
Use of diplomatic passport
-
Protector/coddler
-
Financier
Import or bring
6
Sale, trading, administrati on, dispensatio n, delivery, distribution and transportati on of dangerous drugs and/or controlled precursors and essential chemicals
-
Maintenanc e of a den,
-
Sale, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any
Maintain a den, dive or
-
-
-
Sale, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any
-
Within 100 meters from school
-
Drug pusher who use minors or mentally incapacitated individuals
Act as Broker
-
If the victim of the offense is a minor or mentally incapacitated individuals
-
Proximate death of a victim
-
Financier
-
Proximate cause of death
Protector/coddler
Maintain a den, dive or resort where any
dive or resort1
resort where any
of a person using the same in den, dive or resort
is sold in is sold in any form 7
8
-
Employees and visitors of a den, dive or resort
Manufactur e of dangerous drugs and/or controlled precursors and essential chemicals
9
Illegal chemical diversion of controlled precursors and essential chemicals
1 0
Manufactur e or delivery of equipment, instrument, apparatus and other paraphernal ia for dangerous
1
any form
-
Engage in the manufactur e of any
Protector/coddler
-
Who is aware of the nature of the place as such
-
Who is aware of the nature of the place as such and shall knowingly visit the same
-
Manufacture any
-
Protector/coddler
-
Illegally divert any controlled precursor and essential chemical
-
Deliver, posses with intent to deliver or manufacture with intent to deliver equipment
-
drugs and/or controlled precursors and essential chemicals2
Financier
1 1
-
-
Possession of dangerous drugs
Penalty: death and fine ranging from 1M to 15M shall be imposed on the maintainer, owner and/or operator
Possess any dangerous drugs in the following
-
quantities regardless of the degree of purity (refer to Sec.11 of RA9165 for complete list)
Financier
Uses minor or mentally incapacitated individual
-
1 2
Possession of equipment, instrument, apparatus and other paraphernal ia for dangerous drugs
Penalty: 6 months and 1 day to 4 years and fine ranging from 10K to 50K
1 3
Possession of dangerous drugs during parties, social gatherings or meetings
Suffer the maximum penalties provided in Section 11 of this Act
1
Possession
Maximum penalty provided for in Section 12 of this Act
2
Penalty: 6 months and 1 day to 4 years and fine ranging from 10K to 50K if it will be used to inject, ingest, inhale or otherwise introduce into the human body
4
of equipment, instrument, apparatus and other paraphernal ia for dangerous drugs during parties, social gatherings or meetings
chemicals 1 8
1 9
1 5
Use of dangerous drugs
Penalty: 6 months rehabilitation If apprehended for the 2 nd time: imprisonment of 6 years and 1 day 12 years and fine of 50K – 200K
1 6
Cultivation or culture of plants classified as dangerous drugs or are sources thereof
-
Plant, cultivat e or culture mariju ana, opium poppy or any other plant regardl ess of quantit y
1 7
Maintenanc e and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential
-
Penalty: imprisonment of 1 year and 1 day – 6 years and fine ranging from 10K – 50K
-
Additional penalty shall be imposed through the revocation of the license to practice his/her profession
-
Protector/coddle r
-
Financier
Unnecessar y prescription of dangerous drugs
Unlawful prescription of dangerous drugs
-
Shall make or issue a prescri ption or any other writing purpor ting to be prescri ption for any danger ous drugs.
-
Practitioner who shall prescribe any dangerous drugs to any person
-
Additional penalty: revocation of license
