GROUP 5

BS CRIMINOLOGY- IV B
DISTINCTION OF R.A. 6425 AND R.A. 9165

R.A. 6425 R.A. 9165

“AN ACT INSTUTING THE COMPREHENSIVE
“ THE DANGEROUS DRUG ACT OF 1972” DANGEROUS DRUGS ACT OF 2002, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972,
AS AMENDED, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES”

R.A. 9165
Section 2. 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.
SECTION 3: DEFINITION
(a) 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.

R.A. 6425 R.A.9165

(b) "Board" refers to the Dangerous Drugs Board (b.) The Dangerous Drugs Board. – refers to the
created under Section 35, Article VIII of this Act; Dangerous Drug Board under Section 77, Article IX
of this act.

R.A. 9165
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34,
Article VIII of this act.
(d) 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.
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or
physical principle that is more specific which will validate and confirm the result of the screening test.
(g) Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under
the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in
any dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached
annex, which is an integral part of this Act.

R.A.6425 R.A.9165
d) "Cultivate or culture" means the act of knowingly (i) Cultivate or Culture. – Any act of knowingly
planting, growing, raising or permitting the planting, planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of growing or raising of any plant which is the source of
a prohibited drug; a dangerous drug.

R.A.6425 R.A.9165
(e) "Dangerous drugs" refers to either:

(1) "Prohibited drug," which includes opium and (j) Dangerous Drugs. – Include those listed in the
its active components and derivatives, such Schedules annexed to the 1961 Single Convention on
as heroin and morphine; coca leaf and its Narcotic Drugs, as amended by the 1972 Protocol,
derivatives, principally cocaine; alpha and and in the Schedules annexed to the 1971 Single
beta eucaine; hallucinogenic drugs, such as Convention on Psychotropic Substances as
mescaline, lysergic acid diethylamide (LSD) enumerated in the attached annex which is an
and other substances producing similar integral part of this Act
effects; Indian hemp and its derivates; all
preparations made from any of the
foregoing; and other drugs, whether natural
or synthetic, with the physiological effects of
a narcotic drug; or
(2) )"Regulated drug," which includes self-
inducing sedatives, such as secobarbital,
phenobarbital, pentobarbital, barbital,
amobarbital and any other drug which
contains a salt or a derivative of a salt of
barbituric acid; any salt, isomer or salt of an
isomer, of amphetamine, such as benzedrine
or dexedrine, or any drug which produces a
physiological action similar to amphetamine;
and hypnotic drugs, such as methaqualone or
any other compound producing similar
physiological effects;
R.A.9165
(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.;
m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without
the use of prescription.

R.A.6425 R.A.9165
(n) Drug Dependence. – As based on the World
(g) "Drug dependence" means a state of psychic or Health Organization definition, it is a cluster of
physical dependence, or both, on a dangerous drug, physiological, behavioral and cognitive phenomena
arising in a person following administration or use of of variable intensity, in which the use of
that drug on a periodic or continuous basis; psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense
of compulsion to take the substance and the
difficulties in controlling substance-taking behavior
in terms of its onset, termination, or levels of use

R.A. 9165
(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the
intention of committing any offense prescribed under this Act.

R.A. 6425 R.A. 9165

(h) "Employee" of a prohibited drug den, dive or (p) Employee of Den, Dive or Resort. – The
resort includes the caretaker, helper, watchman, caretaker, helper, watchman, lookout, and other
lookout and other persons employed by the persons working in the den, dive or resort, employed
operator of a prohibited drug den, dive or resort by the maintainer, owner and/or operator where
where any prohibited drug is administered, any dangerous drug and/or controlled precursor and
delivered, distributed, sold or used, with or without essential chemical is administered, delivered,
compensation, in connection with the operation distributed, sold or used, with or without
thereof; compensation, in connection with the operation
thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal
activities prescribed under this Act.
(r) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal
drug trafficking or related offenses.
(s) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
(t) 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.

R.A. 6425 R.A. 9165

(j) "Manufacture" means the production, (u) Manufacture. – The production, preparation,
preparation, compounding or processing of a compounding or processing of any dangerous drug
dangerous drug either directly or indirectly or by and/or controlled precursor and essential chemical,
extraction from substances of natural origin, or either directly or indirectly or by extraction from
independently by means of chemical synthesis or by substances of natural origin, or independently by
a combination of extraction and chemical synthesis, means of chemical synthesis or by a combination of
and shall include any packaging or repackaging of extraction and chemical synthesis
such substance or labeling or relabelling of its
container; except that such term does not include
the preparation, compounding, packaging, or
labeling of a drug or other substance by a duly
authorized practitioner as an incident to his
administration or dispensing of such drug or
substance in the course of his professional practice;

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – 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.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name.
– Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other
name. – Refers to the drug having such chemical composition, including any of its isomers or derivatives in any
form.
R.A. 6425
(k) "Narcotic drug" refers to any drug which produces insensibility, stupor, melancholy or dullness of mind
with delusions and which may be habit-forming, and shall include opium, opium derivatives and synthetic
opiates;
R.A. 6425 & R.A. 9165
(y) Opium. – 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.

R.A. 9165
(z) 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.
(aa) PDEA -To carry out the provisions of this Act, the PDEA, which serves as the implementing arm of the
Board, and shall be responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided in this Act.
(bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or
estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or
group capable of acquiring rights or entering into obligations.
(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing,
adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous
drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of
any violation of this Act.
(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the Philippines.
(ee) 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.

R.A. 6425 & R.A. 9165

(ff) Pusher. – 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.

R.A. 6425 R.A. 9165

(n) “School”- includes any university, college, or (gg) School. – Any educational institution, private or
institution of learning, regardless of the course or public, undertaking educational operation for
courses it offers; pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually
located in a building or a group of buildings in a
particular physical or cyber site.
R.A. 9165
(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result.
 R.A. 6425 R.A. 9165
(o) “Sell”- means the act of giving a dangerous drug, (ii) Sell. – Any act of giving away any dangerous drug
whether for money or any other material and/or controlled precursor and essential chemical
consideration. whether for money or any other consideration

R.A. 9165
(jj) 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 in violation of this Act.
R.A. 6425 & R.A. 9165
(kk) Use. – 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.

R.A. 6425 R.A. 9165

Section 3. Importation of Prohibited Drugs. The Section 4. Importation of Dangerous Drugs and/or
penalty of imprisonment ranging from fourteen Controlled Precursors and Essential Chemicals.- .The
years and one day to life imprisonment and a fine penalty of life imprisonment to death and a ranging
ranging from fourteen thousand to thirty thousand from Five hundred thousand pesos (P500,000.00) to
pesos shall be imposed upon any person who, unless Ten million pesos (P10,000,000.00) shall be imposed
authorized by law, shall import or bring into the upon any person, who, unless authorized by law,
Philippines any prohibited drug. shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and
purity involved, including any and all species of
opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and
culinary purposes.

Section 4. Sale, Administration, Delivery, Section 5. Sale, Trading, Administration,

Distribution and Transportation of Prohibited Dispensation, Delivery, Distribution and
Drugs. The penalty of imprisonment ranging from Transportation of Dangerous Drugs and/or
twelve years and one day to twenty years and a fine Controlled Precursors and Essential Chemicals. - The
ranging from twelve thousand to twenty thousand penalty of life imprisonment to death and a fine
pesos shall be imposed upon any person who, unless ranging from Five hundred thousand pesos
authorized by law, shall sell, administer, deliver, give (P500,000.00) to Ten million pesos (P10,000,000.00)
away to another, distribute, dispatch in transit or shall be imposed upon any person, who, unless
transport any prohibited drug, or shall act as a authorized by law, shall sell, trade, administer,
broker in any such transactions. In case of a dispense, deliver, give away to another, distribute
practitioner, the additional penalty of the revocation dispatch in transit or transport any dangerous drug,
of his license to practice his profession shall be including any and all species of opium poppy
imposed. If the victim of the offense is a minor, the regardless of the quantity and purity involved, or
maximum of the penalty shall be imposed shall act as a broker in any of such transactions.
Section 5. Maintenance of a Den, Dive or Resort for Section 6. Maintenance of a Den, Dive or Resort. -
Prohibited Drug Users. The penalty of imprisonment The penalty of life imprisonment to death and a fine
ranging from twelve years and one day to twenty ranging from Five hundred thousand pesos
years and a fine ranging from twelve thousand to (P500,000.00) to Ten million pesos (P10,000,000.00)
twenty thousand pesos shall be imposed upon any shall be imposed upon any person or group of
person or group of persons who shall maintain a persons who shall maintain a den, dive or resort
den, dive or resort where any prohibited drug is where any dangerous drug is used or sold in any
used in any form. form.
The penalty of imprisonment ranging from twelve
The maximum of the penalty shall be imposed in (12) years and one (1) day to twenty (20) years and a
every case where a prohibited drug is administered, fine ranging from One hundred thousand pesos
delivered or sold to a minor who is allowed to use (P100,000.00) to Five hundred thousand pesos
the same in such place. (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.

Section 6. Employees and Visitors of Prohibited Section 7. Employees and Visitors of a Den, Dive or
Drug Den. The penalty of imprisonment ranging Resort. - The penalty of imprisonment ranging from
from two years and one day to six years and a fine twelve (12) years and one (1) day to twenty (20)
ranging from two thousand to six thousand pesos. years and a fine ranging from One hundred thousand
(a) Any employee of a prohibited drug den, dive pesos (P100,000.00) to Five hundred thousand pesos
or resort; and (P500,000.00)
(b) Any person who, not being included in the
provisions of the next preceding, paragraph, (a) Any employee of a den, dive or resort, who is
shall knowingly visit any prohibited drug den, aware of the nature of the place as such; and
dive or resort.
(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 7. Manufacture of Prohibited Drugs. The Section 8. Manufacture of Dangerous Drugs and/or
penalty of life imprisonment to death and a fine Controlled Precursors and Essential Chemicals. - The
ranging from twenty thousand to thirty thousand penalty of life imprisonment to death and a fine
pesos shall be imposed upon any person who, unless ranging Five hundred thousand pesos (P500,000.00)
authorized by law, shall engage in the manufacture to Ten million pesos (P10,000,000.00) shall be
of any prohibited drug. 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.
Section 8. Possession or Use of Prohibited Drugs. Section 11. Possession of Dangerous Drugs. - The
The penalty of imprisonment ranging from six years penalty of life imprisonment to death and a fine
and one day to twelve years and a fine ranging from ranging from Five hundred thousand pesos
six thousand to twelve thousand pesos shall be (P500,000.00) to Ten million pesos (P10,000,000.00)
imposed upon any person who, unless authorized by shall be imposed upon any person, who, unless
law, shall possess or use any prohibited drug, except authorized by law
Indian hemp as to which the next following
paragraph shall apply.

The penalty of imprisonment ranging from six

months and one day to six years and a fine ranging
from six hundred to six thousand pesos shall be
imposed upon any person who, unless authorized by
law, shall possess or use Indian hemp.
Section 9. Cultivation of Plants Which are Sources of Section 16. Cultivation or Culture of Plants
Prohibited Drugs. The penalty of imprisonment Classified as Dangerous Drugs or are Sources
ranging from fourteen years and one day to life Thereof. - The penalty of life imprisonment to death
imprisonment and a fine ranging from fourteen and a fine ranging from Five hundred thousand
thousand to thirty thousand pesos shall be imposed pesos (P500,000.00) to Ten million pesos
upon any person who shall cultivate or culture (P10,000,000.00) shall be imposed upon any person,
Indian hemp, opium poppy ( papaver somniferum) who shall plant, cultivate or culture marijuana,
and other plants from which any prohibited drug opium poppy or any other plant regardless of
may be manufactured. quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any
dangerous drug may be manufactured or derived

Section 12. Unnecessary Prescription of Prohibited Section 18. Unnecessary Prescription of Dangerous
Drugs. The penalty of imprisonment ranging from Drugs. – The penalty of imprisonment ranging from
four years and one day to twelve years and a fine twelve (12) years and one (1) day to twenty (20)
ranging from four thousand to twelve thousand years and a fine ranging from One hundred thousand
pesos and the additional penalty of the revocation of pesos (P100,000.00) to Five hundred thousand pesos
his license to practice shall be imposed upon any (P500,000.00) and the additional penalty of the
physician or dentist who shall prescribe any revocation of his/her license to practice shall be
prohibited drug for any person whose physical or imposed upon the practitioner, who shall prescribe
physiological conditions does not require the use any dangerous drug to any person whose physical or
thereof. physiological condition does not require the use or
in the dosage prescribed therein, as determined by
the Board in consultation with recognized
competent experts who are authorized
representatives of professional organizations of
practitioners, particularly those who are involved in
the care of persons with severe pain.

Section 13. Possession of Opium Pipe and Other Section 12. Possession of Equipment, Instrument,
Paraphernalia for Prohibited Drugs. The penalty of Apparatus and Other Paraphernalia for Dangerous
imprisonment ranging from six months and one day Drugs. - The penalty of imprisonment ranging from
to four years and a fine ranging from six hundred to six (6) months and one (1) day to four (4) years and a
four thousand pesos shall be imposed upon any fine ranging from Ten thousand pesos (P10,000.00)
person who, unless authorized by law, shall possess to Fifty thousand pesos (P50,000.00) shall be
or have under his control any opium, pipe, imposed upon any person, who, unless authorizby
equipment, instrument, apparatus or other law, shall possess or have under his/her control any
paraphernalia fit or intended for smoking, equipment, instrument, apparatus and other
consuming, administering, injecting, ingesting or paraphernalia fit or intended for smoking,
otherwise using opium or any other prohibited drug. consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners
and various professionals who are required to carry
such equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing
guidelines thereof.ed

Prepared By:
Alcantara, Patricia Mae B.
Velasco, Ella Mae L.
Peña, Lawrence U.
Vidal, Joshua
Villanueva, Jonas