9165

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
C o m p r e h e n s i ve D a n ge r o u s D r u g s A c t o f 2 0 0 2
 DRUGS
A drug is any substance which, when
taken into the body, alters the bodys
function either physically and/or
psychologically.

Source: http://drugaware.com.au/getting-the-facts/faqs-ask-a-question/what-are-drugs/#what-is-a-drug
C lassification of Dangerous Drugs

The old classification between

Prohibited and Regulated Drugs have
been replaced by classifying dangerous
substances into
(i) Dangerous Drugs (DD) and
(ii) Controlled Precursors and
Essential Chemicals (CP/EC)
Source: http://pntr.gov.ph/pdea.html
1961 Single Convention on
Narcotic Drugs

Narcotic Drugs
mainly natural products such as
cannabis, opium and its derivatives,
morphine, codeine and heroin, but
also synthetic drugs such as
methadone and pethidine.
1961 Single Convention on
Narcotic Drugs

Psychotropic Substances
- designed to control psychoactive
drugs such as amphetamine-type
stimulants, barbiturates,
benzodiazepines, and psychedelics
1961 Single Convention on
Narcotic Drugs

Locally classified DD by DDB Regulation

such as Ketamine, Ephedrine,
Pseudoephedrine, Nalbuphine,
Methylephedrine, Benzylpiperazine
(BZP), among others.
1961
Dangerous Drugs Preparations, unless
Single Convention on
Narcotic Drugs

specifically exempted by DDB Regulations.

ALPRAZOLAM - (Tablet: Alprazolam, Altrox, Atrest, Praz, Xanor, Xanor XR)
BROMAZEPAM - ( Lexotan Tablet)
CLONAZEPAM - (Tablet: Clonotril, Rivotril)
CLORAZEPATE DIPOTASSIUM - (Tranxene Capsule)
DIAZEPAM - (Tablet: Diazepam, Nixtensyn, Solina, Valium)
ESTAZOLAM- (Esilgan Tablet)
FLURAZEPAM - (Dalmane Capsule)
MAZINDOL - (Mazzol Tablet)
MIDAZOLAM - (Dormicum Tablet)
NITRAZEPAM - (Mozepam Tablet)
PHENOBARBITAL SODIUM - (Phenobarbital Tablet)
PHENTERMINE SODIUM - (Duromine Capsule)
ZOLPIDEM - (Tablet: Niben, Pidezol, Stilnox, Stilnox MR, Ziohex, Zoldem, Zulnap)

Source: http://rxistsource.blogspot.com/2013/02/list-of-dangerous-drugs.html
1988 UN Convention Against
Illicit Traffic in Narcotic
Drugs and Psychotropic
Substances

Source: http://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/1988_Tables/1988_Tabels_2015/STCND1ADD3Rev1e_V1502798.pdf
DDB Section 93 Article XI
of RA 9165 for
domestic control.
Locally classified CPECs
i.e. Thionyl Chloride

Salts and substances

(with the exception of Hydrochloric acid and Sulfuric acid)

Chemical mixtures, unless specifically

exempted by DDB Regulation
D efinitions
Cannabis or "Marijuana" or "Indian Hemp"
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.
D efinitions
Methylenedioxymethamphetamine (MDMA)
or "Ecstasy
Refers to the drug having such chemical
composition, including any of its isomers or
derivatives in any form.

Methamphetamine Hydrochloride or "Shabu",

"Ice", "Meth
Refers to the drug having such chemical
composition, including any of its isomers or
derivatives in any form.
D
Opium.
efinitions

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.
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.
D efinitions
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.
D efinitions

Laboratory Equipment.
The paraphernalia, apparatus, materials
or appliances when used, intended for use
or designed for use in the manufacture of
any dangerous drug and/or controlled
precursor and essential chemical, such as
reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel,
flask, heating mantle, gas generator, or
their substitute.
D efinitions
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;
D efinitions
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.
D
Pusher.
efinitions

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.
D efinitions

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.
D
Sell.
efinitions

Any act of giving away any

dangerous drug and/or controlled
precursor and essential chemical
whether for money or any other
consideration.
D efinitions

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, email, 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
D
Use.
efinitions

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, and
of the dangerous drugs.
A cts 1. Importation of
dangerous drugs
Punished and/or controlled
Proof needed:
precursors and
essential chemicals
There must be
proof that the ship
came from a
foreign ship
U.S. v Ah Sing
36 Phil 978
A cts 2. Sale, trading,
administration,
dispensation,
Punished delivery, distribution
Poof needed: and transportation
(a) The identities of the
of dangerous drugs
buyer and the seller, and/or controlled
the object, and the precursors and
consideration essential chemicals
(b) the delivery of the
thing sold and the
payment for it
A cts 3. Maintenance of
dangerous drug
den, dive or
Punished resort*

*A place where any

dangerous drug and/or 4.Being employees
controlled precursor and or visitors of a
essential chemical is
administered, delivered,
den, dive, or
stored for illegal purposes, resort
distributed, sold or used
in any form.
Acts 5. Manufacture of
dangerous drugs
and / or controlled
Punished precursors and
essential chemicals

6.Illegal chemical
diversion of
controlled
precursors and
essential chemicals
A
7. Manufacture or delivery
cts of equipment,
instrument, apparatus,
and other
paraphernalia
Punished
Proof needed:
8. Possession of
(a) That the accused was in dangerous drugs
possession of prohibited
drug/s
9. Possession of
(b) Such possession is not
equipment, instrument,
authorized by law
apparatus and other
(c) The accused freely and
consciously possessed the
paraphernalia for
prohibited drug (intent) dangerous drugs
Acts
10. Possession of
dangerous drugs during
parties, social
gatherings or meetings
Punished
11. Possession of
equipment, instrument,
apparatus and other
paraphernalia for
dangerous drugs
during parties, social
gatherings, or
meetings
-10 grams or more of opium, morphine,
heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil,
ecstasy 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,

-50 grams or more of methamphetamine

hydrochloride

-500 grams or more of marijuana

Acts 12. Use of dangerous
drugs*
13. Cultivation or
Punished culture of plants
classified as
dangerous drugs or
are sources thereof
 Section 15. A person apprehended
or arrested, who is found to be positive
for use of any dangerous drug, XXX shall
be imposed a penalty of a minimum of
six (6) months rehabilitation in a
government center. XXX 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
A
14. Failure to maintain
cts and keep original
records of transactions
on dangerous drugs
and / or controlled
Punished precursors and
Dispense. essential chemicals
Any act of giving away, 15. Unnecessary
selling or distributing
medicine or any
prescription of
dangerous drug with or dangerous drugs
without the use of
prescription. 16. Unlawful prescription
of dangerous drugs
P ersons liable
A Public Officer or Employee 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

Officers of Partnerships, Corporations, Associations and

other Juridical Persons
(the partner, president, director, manager, trustee, estate
administrator, or officer)
P ersons liable
Pharmacists, Physicians, Veterinarians or Dentists
Dispensing or Prescribing Dangerous Drugs, and of
Importers, Manufacturers, Wholesalers, Distributors,
Dealers and Retailers of Dangerous Drugs

A Person Importing Dangerous Drugs by Making Use of

a Diplomatic Passport

Possessor or User of Dangerous Drugs During Social

Gatherings
Aliens (Additional penalty)
**First time Minor Offenders
SECTION 21
1. 2. 3.

4. 5. 6.
Attempt or Conspiracy (Section 26)

Importation of dangerous drugs and / or controlled

precursors and essential chemicals
Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and
/ or controlled precursors and essential chemicals
Maintenance of den, dive or resort where dangerous
drugs and / or controlled precursors and essential
chemicals are used or sold
Manufacture of dangerous drugs and / or controlled
precursors and essential chemicals
Cultivation or culture of plants classified as dangerous
drugs
Section 24.
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.
SECTION 33
Immunity from Prosecution and Punishment.
Any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article
II of this Act, who voluntarily gives information about any violation
of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities
and arrest of all or any of the members thereof;
and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense
with reference to which his/her information of testimony were given,
and may plead or prove the giving of such information and
testimony in bar of such prosecution:
SECTION 33
Conditions:
(1) The information and testimony are necessary for the conviction of the
persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the
State as further consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most
guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except for the information and testimony of the said informant or
witness.
CASES
 Padua v People(2008)
Padua and Edgar Ubalde were charged before
the RTC Pasig of violation of R.A. No. 9165 for
selling dangerous drugs. When arraigned,
Padua assisted by counsel de officio entered a
plea of not guilty.
During the pre-trial, Paduas counsel de officio
manifested that his client was willing to
withdraw his plea of not guilty and enter a
plea of guilty to avail the benefits granted to
1st time offenders.
Padua v People(2008)
Held: Any person convicted for drug trafficking or pushing,
regardless of the penalty imposed, can not avail of the
privilege granted by the Probation Law or P.D. No. 968.

Padua cannot argue that his right under Rep. Act No. 9344
was violated. Nor can he argue that Section 32 of A.M. No.
02-1-18-SC otherwise known as the Rule on Juveniles in
Conflict with the Law has application in this case. Section
68 of Rep. Act No. 9344 and Section 32 of A.M. No. 02-1-18-
SC both pertain to suspension of sentence and not
probation.

Petitioner has already reached 21 years of age or over and

thus, could no longer be considered a child for purposes of
applying Rep. Act 9344.
People v Sumili(2015)
Philippine Drug Enforcement Agency Iligan City Sub-
Office received a report from a confidential informant
that Sumili was selling shabu.
Acting on the same, SPO2 Edgardo Englatiera (SPO2
Englatiera) dispatched SPO2 Diosdado Cabahug (SPO2
Cabahug) to conduct surveillance on Sumili, which
confirmed the truth and veracity of the aforesaid report.
Consequently, SPO2 Englatiera organized a team divided
in to two (2) groups and briefed them on the buy-bust
operation.
People v Sumili(2015)
The poseur-buyer turned over the sachet of suspected
Shabu to SPO2 Englatiera, who marked the same with
DC-1, representing the initials of SPO2 Cabahug. SPO2
Englatiera then prepared a request for laboratory
examination and instructed Non-Uniform Personnel
Carlito Ong (NUP Ong) to bring the sachet together
with the request to the PNP Crime Laboratory for
examination. However, NUP Ong failed to do so on the
same day as the PNP Crime Laboratory was already
closed.

It was only on June 9, 2006, or two (2) days after the

buy-bust operation, that NUP Ong was able to bring and
turn-over the seized sachet to the PNP Crime
Laboratory.
 People v Sumili(2015)
Held:
After a judicious review of the records, the Court finds that the prosecution
failed to establish the identity of the substance allegedly confiscated from the
accused due to unjustified gaps in the chain of custody, thus, militating against
a finding of guilt beyond reasonable doubt.
To justify the delay in the turn-over of the corpus delicti, SPO2 Englatiera and
NUP Ong insist that the PNP Crime Laboratory was already closed on June 7,
2006, and since it was a Friday, the delivery of the seized sachet was only done
on June 9, 2006. However, contrary to their claims, June 7, 2006 is not a Friday,
but a Wednesday.Thus, if the PNP Crime Laboratory was indeed closed on June
7, 2006, the delivery of the seized sachet could have easily been done on the next
day, or on June 8, 2006, instead of doing it two (2) days after the buy-bust
operation. This glaring fact, coupled with the absence in the records as to who
among the apprehending officers had actual custody of the seized sachet from
the time it was prepared for turn-over until its delivery to the PNP Crime
Laboratory, presents a substantial and unexplained gap in the chain of custody
of the alleged shabu seized from Sumili. Undoubtedly, the integrity and
evidentiary value of the corpus delicti had been compromised.
In sum, since the identity of the prohibited drugs had not been established by proof
beyond reasonable doubt, Sumilis conviction must be immediately set aside.
BAR
Questions
Dangerous Drug Act (2005)
Obie Juan is suspected to have in his possession an
unspecified amount of methamphetamine hydrochloride
orshabu. An entrapment operation was conducted by
police officers, resulting in his arrest following the discovery
of 100 grams of the said dangerous drug in his possession. He
was subjected to a drug test and was found positive for the
use of marijuana, another dangerous drug. He was
subsequently charged with two crimes: Violation of
Section 11, Article II of RA 9165 for the possession of
shabu and violation of Section 15, Article II of RA 9165 for
the use of marijuana. (5%)

Q: Are the charges proper? Explain.

Dangerous Drug Act (2005)

SUGGESTED ANSWER:
No. The use of dangerous drugs is not
committed when Obie Juan was also found to
have in his possession such quantity of any
dangerous drug.
Dangerous Drugs Act (2006)
After receiving reliable information that Dante Ong, a notorious drug
smuggler, was arriving on PAL Flight NO. PR 181, PNP Chief Inspector
Samuel Gamboa formed a group of anti-drug agents. When Ong arrived
at the airport, the group arrested him and seized his attache case. Upon
inspection inside the Immigration holding area, the attach case yielded 5
plastic bags of heroin weighing 500 grams.
Chief Inspector Gamboa took the attache case and boarded him in an
unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame
and upon nearing White Plains corner EDSA, Chief Inspector Gamboa
ordered PO3 Lorbes to stop the car. They brought out the drugs from the
case in the trunk and got 3 plastic sacks of heroin. They then told Ong to
alight from the car. Ong left with the 2 remaining plastic sacks of heroin.
Chief Inspector Gamboa advised him to keep silent and go home which
the latter did. Unknown to them, an NBI team of agents had been
following them and witnessed the transaction. They arrested Chief
Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team
followed Ong and likewise arrested him. All of them were later charged.
Q: What are their respective criminal liabilities? (5%)
Dangerous Drugs Act (2006)
SUGGESTED ANSWER:
Chief Inspector Gamboa and PO3 Pepito Lorbes who conspired in
taking the attache case are liable for the following crimes defined
under RA. 9165:
a) for misappropriation or failure to account for the confiscated or
seized dangerous drugs.
b) for their acts as protector/coddler of Dante Ong who imported
drugs
In addition, by allowing Ong to escape prosecution for illegal
importation or illegal transportation of dangerous drugs, where the
penalty is life imprisonment to death, they are also liable for qualified
bribery under Art. 211-A of the Revised Penal Code.
With respect to Dante Ong, he is guilty of illegal importation of
dangerous drugs.
Dangerous Drugs Act;
Consummation of Sale (1996)
Pat. Buensuceso, posing as a buyer, approached Ronnie, a
suspected drug pusher, and offered to buy P300 worth of
shabu. Ronnie then left, came back five minutes later and
handed Pat, Buensuceso an aluminum foil containing the
shabu. However, before Pat, Buensuceso was able to deliver
the marked money to Ronnie, the latter spotted a
policeman at a distance, whom Ronnie knew to be
connected with the Narcotics Command of the Police.
Upon seeing the latter, Ronnie ran away but was arrested
thirty minutes later by other policemen who pursued him.
Under the circumstances, would you consider the crime of
sale of a prohibited drug already consummated?
Explain.
Dangerous Drugs Act;
Consummation of Sale (1996)
SUGGESTED ANSWER:
Yes, the sale of prohibited drug is already
consummated although the marked money was
not yet delivered.
When Ronnie handed the aluminum foil
containing the shabu to Pat. Buensuceso
pursuant to their agreed sale, the crime was
consummated. Payment of the consideration is
not an element of requisite of the crime. If ever,
the marked money is only evidentiary to
strengthen the case of the prosecution.
Dangerous Drugs Act; Criminal
Intent to Posses (2002)
A and his fiancee B were walking in the plaza when
they met a group of policemen who had earlier been
tipped off that A was in possession of prohibited
drugs. Upon seeing the policemen and sensing that
they were after him, A handed a sachet containing
shabu to his fiancee B, telling her to hide it in her
handbag.
The policemen saw B placing the sachet inside her
handbag. If B was unaware that A was a drug user or
pusher or that what was inside the sachet given to
her was shabu, is she nonetheless liable under
the Dangerous Drugs Act? (5%)
Dangerous Drugs Act; Criminal
Intent to Posses (2002)
SUGGESTED ANSWER:
No, B will not be criminally liable because she is
unaware that A was a drug user or pusher or of the
content of the sachet handed to her by A, and
therefore the criminal intent to possess the drug
in violation of the Dangerous Drugs Act is absent.
There would be no basis to impute criminal
liability to her in the absence of animus
possidendi.
END