THE COMPREHENSIVE

DANGEROUS DRUGS
ACT OF 2002
R.A. 9165
BY: MAJ REYNAN M. DOLLISON
O-149014 JAGS 1ST TAS BDE NCR
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Terminal Learning Objective
ACTION: Inform the students of the CRIMINAL
LIABILITIES incurred when a person violates RA9165
CONDITION: Given a classroom environment and
instructions thru Power Point slides
STANDARD: The students should be able to
 identify the criminal liabilities of a person when
he/she sells, possesses or uses dangerous drugs
 ascertain if the accused is entitled to post bail
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Lesson Administration Information

Safety Requirements: No major considerations

Risk Assessment Level: Low
Environment Considerations: No major considerations
Evaluation: Check on Learning
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OVERVIEW
UNLAWFUL ACTS AND PENALTIES UNDER
RA 9165
Sections 4, 5, 6, 11, 12, 15 16, 26, 27 and 29
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Section 4. Importation of Dangerous Drugs &/or

Controlled Precursors & Essential Chemicals
Offenders: Penalty: Bail:
1. Importer Life to Death + P500k-P10M No Bail
2. Importer Death + P10M No Bail
using Diplomatic Passport
3. Financier, Organizer, Death + P10M No Bail
Manager of Importation
4. Protector/Coddler 12y1d to 20y P200k
+ P100k to P500k
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Sec 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of Dangerous
Drugs &/or Controlled Precursors & Essential
Chemicals

Acts: Penalty: Bail:

Sale Life to Death + No Bail
Trade P500k-P10M
Distribute
Deliver
Transport
Broker
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Sec 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of Dangerous
Drugs &/or Controlled Precursors & Essential
Chemicals

Maximum Penalty shall be Imposed if:

1. Committed within 100m from a school
2. Use of minors or mentally incapacitated persons as
runners, couriers & messengers, or in any other capacity
3. If the victim is a minor or mentally incapacitated
4. Dangerous drug is the proximate cause of death of victim
5. Organizer, Manages the unlawful acts, financier
Protector/Coddler - 12y1d to 20y + P100k to P500k
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Sec 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of Dangerous
Drugs &/or Controlled Precursors & Essential
Chemicals

Elements of the crime:

1. Identity of the buyer and the seller, the object of the sale,
and the consideration

2. Delivery of the thing sold and the payment for the thing
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Sec 6. Maintenance of a Den, Dive or Resort
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.
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Sec 6. Maintenance of a Den, Dive or Resort

Acts: Penalty: Bail:
-Maintenance Life to death + No Bail
P500k – P10M fine
-Caters to minor clients Death + P10M fine No Bail
-Financier Death + P10M fine No Bail
-Client dies Death + P1M - P15M fine No Bail
-Protector/Coddler 12 yrs 1 day – 20 yrs P200k
+ P100k - P500k fine
* Den/dive/resort shall be confiscated in favor of the
government
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Section 7. Employees and Visitors of a Den, Dive
or Resort
Acts:
(a) Any employee of a den, dive or resort, who is aware of
the nature of the place as such; and
(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
Penalty: Imprisonment: 12yrs 1d - 20yrs
+ Fine: P100k - P500k
Bail: P200k
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Any person, who, unless authorized by law,

shall possess* any dangerous drug in the
following quantities, regardless of the degree of
purity:
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Opium, morphine, heroin, cocaine or cocaine
hydrochloride; marijuana resin or marijuana resin oil,
other dangerous drugs such as, but not limited to, MDA
or "ecstasy", PMA, TMA, LSD, GHB, 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, as determined and promulgated by the
Dangerous Drugs Board
If 10 grams or more - Penalty: Life to Death + P500k –
P10M fine Bail: No Bail
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Opium, morphine, heroin, cocaine or cocaine
hydrochloride; marijuana resin or marijuana resin oil,
other dangerous drugs such as, but not limited to, MDA
or "ecstasy", PMA, TMA, LSD, GHB, 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, as determined and promulgated by the
Dangerous Drugs Board
If 5 grams or more but less than 10 grams - Penalty:
20yrs & 1d to Life + P400k – P500k fine Bail: ?
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Opium, morphine, heroin, cocaine or cocaine
hydrochloride; marijuana resin or marijuana resin oil,
other dangerous drugs such as, but not limited to, MDA
or "ecstasy", PMA, TMA, LSD, GHB, 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, as determined and promulgated by the
Dangerous Drugs Board
If less than 5 grams - Penalty: 12yrs & 1d to 20yrs +
P300k – P400k fine Bail: P200k
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

"SHABU”
If 50 grams or more - Penalty: Life to Death + P500k –
P10M fine Bail: No Bail
If 5 grams or more but less than 50 grams - Penalty:
20yrs & 1d to Life + P400k – P500k fine Bail: ?
If less than 5 grams - Penalty: 12yrs & 1d to 20yrs +
P300k – P400k fine Bail: P200k
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

“MARIJUANA”
If 500 grams or more - Penalty: Life to Death + P500k –
P10M fine Bail: No Bail
If 300 grams or more but less than 500 grams - Penalty:
20yrs & 1d to Life + P400k – P500k fine Bail: ?
If less than 300 grams - Penalty: 12yrs & 1d to 20yrs +
P300k – P400k fine Bail: P200k
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Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Elements of the crime:

(a) the accused is in possession of an item or

object that is identified to be a prohibited or
dangerous drug;
(b) such possession is not authorized by law; and
(c) the accused freely and consciously possessed
the drug
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Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs. (See Sec. 14)
Imprisonment: 6 months & 1 day – 4 years
Fine: P10k - P50k Bail: P40k
Any person, who, unless authorized by law, 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: xxx
The possession of such xxx shall be prima facie
evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or
used a dangerous drug and shall be presumed to have
violated Section 15 of RA9165
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Sec 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 6 months REHABILITATION in a
government center for the first offense
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Sec 15 Use of Dangerous Drugs

If apprehended using any dangerous drug for the

second time, he/she shall suffer the penalty of
Imprisonment 6 years & 1 day to 12 years + Fine
P50k to P200k

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
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Sec 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof

Life Imprisonment to Death + Fine of P500k to P10M

Bail: No Bail

Any person, who shall plant, cultivate or culture

marijuana, opium poppy or any other plant regardless
of 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
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Sec 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof

Any person, who organizes, manages or acts as a

"financier" of any of the illegal activities prescribed in
this Section = Death + Fine of P10M No Bail

Any person, who acts as a "protector/coddler" of any

violator of the provisions under this Section =
Imprisonment of 12 years & 1 day - 20 years Fine
of P100k to P500k Bail: P200k
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Sec 26. Attempt or Conspiracy.

Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same:
(a) Importation;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs.
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Sec 27. Criminal liability of 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

• Life Imprisonment to Death + Fine of P500k to P10M

and absolute perpetual disqualification from any public
office Bail: No Bail
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• Any elective local or national official found:

1. To have benefited from the proceeds of the trafficking

of dangerous drugs, or
2. To have received any financial or material
contributions or donations from natural or juridical
persons found guilty of trafficking dangerous drugs

• Shall be removed from office and perpetually

disqualified from holding any elective or appointive
positions in the government, its divisions, subdivisions,
and intermediaries, including GOCCs
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Sec 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. (No Bail)
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Sec 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. (No Bail)
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CHECK ON LEARNING

What is the penalty provided for

under RA 9165 for Drug Pushers?
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QUESTIONS

?
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Thank you very much

and

God bless us all