COMPREHENSIVE

DANGEROUS DRUGS
ACT OF 2002
PENAL PROVISIONS
 Republic Act 9165 contains a total of
thirty-two (32) penal provisions, namely:
 SEC. 4. Importation of Dangerous Drugs/Controlled
Precursors and Essential Chemicals.
 SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
 SEC. 6. Maintenance of a Den, Dive or Resort.
 SEC. 7. Employees and Visitors of a Den, Dive or Resort.
 SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
 Sec. 9. Illegal Chemical Diversion of Controlled Precursors
and Essential Chemicals.

 SEC. 10. Manufacture or Delivery of Equipment, Instrument,

Apparatus, and Other Paraphernalia for Dangerous Drugs.
 SEC. 11. Possession of Dangerous Drugs.
 Sec. 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
 Sec. 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
 Sec. 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings.
 Sec. 15. Use of Dangerous Drugs.
 SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or Are Sources Thereof.
 SEC. 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and Precursors and Essential
Chemicals.
 Section 18. Unnecessary Prescription of Dangerous Drugs.
 SEC. 19. Unlawful Prescription of Dangerous Drugs.
 SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments
of the Unlawful Act, Including the Properties or Proceeds Derived from
the Illegal Trafficking of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals.
 SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers
and Pushers.
 SEC. 25. Qualifying Aggravating Circumstances in the Commission of
a Crime by an Offender under the Influence of Dangerous Drugs.
 SEC. 26. Attempt or Conspiracy.
 SEC. 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
Proceeds or Properties Obtained from the Unlawful Act Committed.
 Sec. 28. Criminal Liability of Government Officials and Employees.
 Sec. 29. Criminal Liability for ‘Planting’ of Evidence.
 Sec. 30. Criminal Liability of Officers of Partnerships, Corporations,
Associations or Other Juridical Entities.
 SEC. 31. Additional Penalty if Offender is an Alien.
 SEC. 32. Liability to a Person Violating Any Regulation Issued by the
Board.
 SEC. 35. Accessory Penalties.
 SEC. 37. Issuance of False or Fraudulent Drug Test Results.
 SEC. 72. Liability of a Person Who Violates the Confidentiality of
Records.
 SEC. 73. Liability of a Parent, Guardian, or Spouse Who Refuses to
Cooperate with the Board or any Concerned Agency.
 SEC. 91. Responsibility and Liability of Law Enforcement Agencies and
other Government Officials and Employees in Testifying as Prosecution
Witnesses in Dangerous Drugs Cases.
 SEC. 92. Delay and Bungling in the Prosecution of Drug Cases.
ILLEGAL TRAFFICKING
The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous
drugs and/or controlled precursors and essential
chemicals

(covers Sections 4, 5, 8 ,11 and 16

of Philippine Law)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Section 4 Importation of dangerous drugs Life imprisonment to death plus
Importation of regardless of quantity or purity fine ranging from Five hundred
Dangerous thousand pesos (P500,000.00) to
Drugs and/or Ten million pesos
Controlled (P10,000,000.00)
Precursors
and Essential Importation of any controlled imprisonment ranging from twelve
Chemicals precursor and essential chemical (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)

protector/coddler of any violator twelve (12) years and one (1) day
of the provisions under this to twenty (20) years of
Section imprisonment and a fine ranging
from One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
financier and those who will use maximum penalty
diplomatic passport for the
import of dangerous drugs
and/or controlled precursors
and essential chemicals
a) Elements of importation
To render a person guilty of importation, three (3)
requisites must concur [Pp vs. Colmenares, CA 52 O.G. 3111]:
1. That the merchandise must have been fraudulently
or knowingly imported contrary to law;
2. That the defendant, if he is not the importer himself,
must have received, concealed, bought, sold or in any manner
facilitated the transportation, concealment or sale of the
merchandise; and
3. that the defendant must be shown to have
knowledge that the merchandise had been illegally imported.
However, if the defendant is shown to have had
possession of the illegally imported merchandise without
satisfactory explanation, such possession shall be deemed
sufficient for conviction [Pp vs. Colmenares, CA 52 O.G.
3111].
b) “Import” and “bring” are synonymous terms. The
mere act of going into a port, without breaking bulk is
prima facie evidence of importation. [The Mary (US), 16
Fed. Cas. 932, 933].
Any person unlawfully imports or brings any prohibited
drugs in the Philippines, when the prohibited drugs is found
under the person’s control on a vessel which has come direct
from a foreign country and is within the jurisdictional limits of
the Philippines [U.S. vs. Ah Sing, 36 Phil 978]
Proof of ownership is immaterial where the accused is
charged with the unlawful importation of drugs [Pp vs. Exala,
221 SCRA 494; Pp vs. Jain, 254 SCRA 686].
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 5. Sale, Anyone who shall sell, trade, life imprisonment to death and a
Trading, administer, dispense, deliver, fine ranging from Five hundred
Administration, give away to another, distribute, thousand pesos (P500,000.00) to
Dispensation, dispatch in transit or transport Ten million pesos (P10,000,000.00)
Delivery, any dangerous drug or shall act
Distribution as a broker in any of such
and transactions regardless of
Transportation quantity and purity
of Dangerous
Drugs and/or anyone who shall sell, trade, imprisonment ranging from twelve
Controlled administer, dispense, deliver, (12) years and one (1) day to
Precursors and give away to another, distribute, twenty (20) years and a fine
Essential dispatch in transit or transport ranging from One hundred
Chemicals any controlled precursor and thousand pesos (P100,000.00) to
essential chemical, or shall act Five hundred thousand pesos
as a broker in such transactions (P500,000.00)
RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
Sec. 5. Sale, Trading, when transaction transpired one maximum penalty
Administration, hundred (100) meters away from
Dispensation, school
Delivery, Distribution
and Transportation of when minors or mentally maximum penalty
Dangerous Drugs incapacitated individuals are used
and/or Controlled as runners, couriers and
Precursors and
messengers, or in any other
Essential Chemicals
capacity directly connected to the
dangerous drugs and/or
controlled precursors and
essential chemicals trade

if the victim of the offense is a maximum penalty

minor or a mentally incapacitated
individual, or should a dangerous
drug and/or a controlled precursor
and essential chemical involved in
any offense
 TRANSPORTATION
In people vs. Lo Ho Wing, the Court defined transport to mean
“to carry or convey from one place to another”.

It has also been resolved that the fact that there is actual
conveyance suffices to support a finding that the act of
transporting was committed. It is immaterial whether or not the
place of destination was reached.

The act of transporting dangerous drugs is a malum

prohibitum as it is punished by a special law; thus criminal intent is
also immaterial.
That the contraband failed to reach its final destination would not
preclude the commission of the crime of transporting illegal drugs;
the fact of actual conveyance would suffice to support the
finding of guilt [Pp vs. Gomez, G.R. No. 101817. March 26, 1997].
 GIVING AWAY

In People vs. Lacerna, the Court explained that the phrase “give away”
means “to make a present of; to donate, or to make sacrifice”.

The phrase was construed as extending only to a disposition in esjudem

generis with a sale or a gift.

It is synonymous with “to furnish”, a broad term embracing the acts of

selling and giving away with the intent of transferring ownership.

As distinguished from delivery, which is an incident of sale, “giving

away” is a disposition other than a sale. It is, therefore, an act short of a
sale which involves no consideration. The dangerous drug becomes an item
or merchandise presented as a gift or a premium (giveaway), where
ownership is transferred.
SALE

Elements of Illegal Sale

1.the identity of the buyer and the seller, the

object and consideration; and

2.the delivery of one thing sold and the

payment therefore

People vs. Roble (GR No. 192188, April 11, 2011) citing People v. Lorenzo,
G.R. No. 184760, April 23, 2010, 619 SCRA 389, 400; People v. Ong, G.R. No.
175940, February 6, 2008, 544 SCRA 123, 132.
 SALE

BUY-BUST TRANSACTION, HOW CONSUMATED- What is material

is the proof that the transaction or sale actually took place, coupled with the
presentation of the corpus delicti of the crime. The delivery of the
contraband to the poseur-buyer and the receipt of the marked money
consummate the buy-bust transaction. X X X The crime of illegal drug
sale of dangerous drugs is committed as soon as the sale
transaction is committed. [Pp vs. Encila, G.R. No. 182419, Feb. 10,
2009]
Mere consummation of the selling transaction required –
Payment for drugs delivered is not a requisite for conviction [Pp vs.
Angeles, 209 SCRA 799].
SALE
PRIOR BLOTTER REPORT & USE OF FLOURESCENT
POWDER NOT INDESPENSIBLE – A prior blotter report is neither
indispensable nor required in buy-buy bust operations. Secondly
there is no rule requiring that the police must apply fluorescent
powder to the buy bust money to prove the commission of the
offense. (Ppl. Vs. Sy, G.R. No. 185284, June 22, 2009)

FAILURE TO RECORD THE BOODLE MONEY- The recording

of the marked money used in a buy-bust operation is not one of the
elements for the prosecution of sale of illegal drugs. The recording or
non-recording thereof in an official record will not necesserarily lead
to an acquittal as long as the sale of the prohibited drug is
adequately proven. (Ppl. Vs. Clemente, G.R. No. 178876, June 27,
2008)
SALE
MARKED MONEY

Even without money to buy the dangerous drug, so long as the

police officer went thru the motion as a buyer and his offer was
accepted and the drug was delivered, the crime was consummated by
the delivery of goods [Pp vs. Lakibul, 217 SCRA 575; Pp vs. Dela Cruz,
224 SCRA 468].

PRESENTATION OF MONEY USED IN BUY-BUST

OPERATION- It bears emphasizing that neither law nor jurisprudence
requires the presentation of any of the money used in the buy-bust
operation, for the only elements necessary to consummate the crime is
proof that the illicit transaction took place, coupled with the presentation
in court of the corpus delicti as evidence. [Ppl. Vs. Quiaoit, Jr., G.R. No.
175222, July 27, 2007]
SALE
MARKED MONEY NOT INDISPENSABLE,
CORROBORATIVE IN NATURE- The marked money used in the
buy-bust operation is not indispensable but merely corroborative in
nature. In the prosecution for the sale of dangerous drugs, the
absence of the marked money does not create a hiatus in the
evidence for the prosecution as long as the sale of dangerous drugs
is adequately proven. [Ppl vs. Suan, G.R. No. 184546, February 22,
2010]
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 6. any person or group of persons life imprisonment to death and a
Maintenance of a who shall maintain a den, dive fine ranging from Five hundred
Den, Dive or or resort where any dangerous thousand pesos (P500,000.00) to
Resort drug is used or sold in any form Ten million pesos
(P10,000,000.00)

any person or group of persons twelve (12) years and one (1) day
who shall maintain a den, dive, to twenty (20) years and a fine
or resort where any controlled ranging from One hundred
precursor and essential thousand pesos (P100,000.00) to
chemical is used or sold in any Five hundred thousand pesos
form (P500,000.00)

Financier/ when drug is sold to Maximum penalty

a minor/ if it causes proximate
death

Protector/coddler twelve (12) years and one (1) day to

twenty (20) years of imprisonment
and a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
MAINTENANCE
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. [par (i), Sec. 3, Art. I of R.A. 9165]

“In order to sustain a conviction for the crime of maintaining a

drug den where dangerous drug is being used, it is not only
necessary that the person accused be found in the place where the
dangerous drug is used in contravention with law, but such place be
a den, dive, or resort where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored
for illegal purposes, distributed or used in any form.” [Criminal Cases
Nos. 04-2258-CFM, 04-2259-CFM, 04-2264-CFM and 04-
2265-CFM]
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 7. a) Any employee of a
Employees den, dive or resort, who twelve (12) years and one
and Visitors is aware of the nature of (1) day to twenty (20)
of a Den, the place as such; and years and a fine ranging
Dive or from One hundred
Resort b) Any person who, not thousand pesos
being included in the (P100,000.00) to Five
provisions of the next hundred thousand pesos
preceding paragraph, is (P500,000.00)
aware of the nature of
the place as such and
shall knowingly visit the
same
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 8. manufacture of any life imprisonment to death and a fine
Manufacture of dangerous drug ranging from Five hundred thousand
Dangerous pesos (P500,000.00) to Ten million
Drugs and/or pesos (P10,000,000.00)
Controlled
Precursors and
Essential manufacture of any controlled twelve (12) years and one (1) day to
Chemicals precursor and essential twenty (20) years and fine ranging
chemical from One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)

Financier maximum penalty

Protector/ coddler twelve (12) years and one (1) day to

twenty (20) years of imprisonment
and a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 10. any person who shall deliver, possess twelve (12) years and one
Manufacture or with intent to deliver, or manufacture (1) day to twenty (20) years
Delivery of with intent to deliver equipment, and a fine ranging from One
Equipment, instrument, apparatus and other hundred thousand pesos
Instrument, paraphernalia for dangerous drugs, (P100,000.00) to Five
Apparatus, and knowing, or under circumstances hundred thousand pesos
Other where one reasonably should know, (P500,000.00)
Paraphernalia that it will be used to plant, propagate,
for Dangerous cultivate, grow, harvest, manufacture,
Drugs and/or compound, convert, produce,
Controlled process, prepare, test, analyze, pack,
Precursors and repack, store, contain or conceal any
Essential dangerous drug and/or controlled
Chemicals. precursor and essential chemical in
violation of this Act
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION

Sec. 10. if it will be used to inject, six (6) months and one (1) day
Manufacture or ingest, inhale or otherwise to four (4) years and a fine
Delivery of introduce into the human ranging from Ten thousand
Equipment, body a dangerous drug in pesos (P10,000.00) to Fifty
Instrument, violation of this Act thousand pesos (P50,000.00)
Apparatus, and
Other anyone who uses a minor or Maximum penalty
Paraphernalia a mentally incapacitated
for Dangerous individual to deliver such
Drugs and/or
Controlled
Precursors and
Essential
Chemicals.
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. Possession of:
Possession of
Dangerous 1) 10 grams or more of opium;
Drugs
2) 10 grams or more of
morphine; life imprisonment to death
and a fine ranging from Five
3) 10 grams or more of heroin; hundred thousand pesos
(P500,000.00) to Ten million
4) 10 grams or more of cocaine pesos (P10,000,000.00)
or cocaine hydrochloride;

5) 50 grams or more of
methamphetamine
hydrochloride or “shabu”;

6) 10 grams or more of
marijuana resin or marijuana
resin oil;

7) 500 grams or more of

marijuana;
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. 8) 10 grams or more of other
Possession of dangerous drugs such as, but not
Dangerous limited to,
methylenedioxymethamphetamine
Drugs
(MDMA) or “ecstasy”,
paramethoxyamphetamine (PMA), life imprisonment to death and
trimethoxyamphetamine (TMA), a fine ranging from Five
lysergic acid diethylamine (LSD), hundred thousand pesos
gamma hydroxybutyrate (GHB), (P500,000.00) to Ten million
and those similarly designed or pesos (P10,000,000.00)
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
Board in accordance to Section 93,
Article XI of this Act.
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. (5) grams or more but less than ten twenty (20) years and one
Possession of (10) grams of opium, morphine, (1) day to life imprisonment
Dangerous heroin, cocaine or cocaine and a fine ranging from Four
hydrochloride, marijuana resin, hundred thousand pesos
Drugs
marijuana resin oil, (P400,000.00) to Five
methamphetamine hydrochloride or hundred thousand pesos
“shabu”, or dangerous drugs such (P500,000.00)
as, but not limited to,
methylenedioxymethamphetamine
(MDMA) or “ecstasy”,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (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; or three hundred (300)
grams or more but less than five
hundred (500) grams of marijuana
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. less than five (5) grams of opium, twelve (12) years and one
Possession of morphine, heroin, cocaine or cocaine (1) day to twenty (20) years
Dangerous hydrochloride, marijuana resin, and a fine ranging from
marijuana resin oil, Three hundred thousand
Drugs
methamphetamine hydrochloride or pesos (P300,000.00) to Four
“shabu”, or dangerous drugs such hundred thousand pesos
as, but not limited to, (P400,000.00)
methylenedioxymethamphetamine
(MDMA) or “ecstasy”,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (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; or less than three
hundred (300) grams of marijuana
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED

Sec. 11. Methamphetamine hydrochloride or Life imprisonment and a

Possession of “shabu” is ten (10) grams or more but fine ranging from Four
Dangerous less than fifty (50) grams hundred thousand pesos
Drugs (P400,000.00) to Five
hundred thousand pesos
(P500,000.00)
POSSESSION

Elements of possession are as follows:

1. The accused is in possession of an item or object
which is identified to be a prohibited drug;
2. Such possession is not authorized by law; and
3. The accused freely and consciously possessed
the prohibited drug.
POSSESSION
POSSESSION MAY BE ACTUAL OR CONSTRUCTIVE- In
order to establish constructive possession, the People must prove that
petitioner had dominion or control on either the substance or premises
where found. The State must prove the adequate nexus between the
accused and the prohibited substance. Possession of dangerous drugs
constitute prima facie evidence of knowledge or animus possidendi
sufficient to convict an accused in the absence of any satisfactory
explanation of such possession. The burden of evidence is shifted to
petitioner to explain the absence of animus possidendi .
[Buenaventura vs. Ppl, G.R. No. 171578, August 8, 2007]
POSSESSION

PRESUMPTION- Since knowledge by the accused of

the existence and character of the drug in the place where he
exercises dominion and control is an internal act, the same may
be presumed from the fact that the dangerous drug is in the
house or place over which the accused has control or dominion,
or within such premises in the absence of any satisfactory
explanation. [Queinan vs. Ppl, G.R. No. 166061, July 6, 2007]

OWNERSHIP IMMATERIAL- When an accused is charged

with illegal possession or transportation of prohibited drugs, the
ownership thereof is immaterial. Consequently, proof of ownership of
the confiscated marijuana is not necessary. [ Ppl vs. Matiracos, G.R.
Mo. 188611, June 16, 2010]
POSSESSION

MALA PROHIBITA- Appellants lack of knowledge does

not constitute a valid defense. Lack of criminal intent and good
faith are not exempting circumstances where the crime charged
is malum prohibitum . Mere possession and/or delivery of a
prohibited drug, without legal authority, is punishable under the
Dangerous Drugs Act.
Anti-Narcotics laws, like anti-gambling laws, are
regulatory statutes. They are rules of convenience designed to
]
secure a more orderly regulation of the affairs of the society and
their violation gives rise to crimes mala prohibita. Laws defining
crimes mala prohibita condemn behavior directed not against
particular individual , but against public order. [ Ppl vs. Matiracos,
G.R. Mo. 188611, June 16, 2010]
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 12. possess or have under his/her control six (6) months and one (1)
Possession of any equipment, instrument, apparatus day to four (4) years and a
Equipment, and other paraphernalia fit or intended fine ranging from Ten
Instrument, for smoking, consuming, administering, thousand pesos
Apparatus and injecting, ingesting, or introducing any (P10,000.00) to Fifty
Other dangerous drug into the body: thousand pesos
Paraphernalia Provided, That in the case of medical (P50,000.00)
for Dangerous practitioners and various professionals
Drugs 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
 In possession of dangerous drug
paraphernalia, the paraphernalia recovered
must be proven to personally belong to the
accused and must be established to be fit
for smoking, consuming, administering,
injecting, ingesting, or introducing any
dangerous drug into the body.
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 13. possessing any dangerous drug during Maximum penalty
Possession of a party, or at a social gathering or
Dangerous meeting, or in the proximate company
Drugs During of at least two (2) persons regardless
Social of the quantity and purity of the
Gatherings or dangerous drugs and regardless of
Meetings. whether the person was dispensing,
pushing, or selling the dangerous drug
to other persons
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 14. possess or have under his/her control maximum penalty
Possession of any equipment, instrument, apparatus provided for in Section 12
Equipment, and other paraphernalia fit or intended of this Act (four years and
Instrument, for smoking, consuming, administering, P50,000.00 pesos fine)
Apparatus and injecting, ingesting, or introducing any
Other dangerous drug into the body, during
Paraphernalia parties, social gatherings or meetings,
for Dangerous or in the proximate company of at least
Drugs During two (2) persons
Parties, Social
Gatherings
The essential requisites to establish illegal possession
of dangerous drugs are: (i) the accused was in
possession of the dangerous drug, (ii) such possession
is not authorized by law, and (iii) the accused freely and
consciously possessed the dangerous drug.25
Additionally, this being a case for violation of Section 13
of R.A. No. 9165, an additional element of the crime is
(iv) the possession of the dangerous drug must have
occurred during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2)
persons.

People vs. Martinez, 637 SCRA 791 (2010)

 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 15. Use of person apprehended or arrested, who six (6) months
Dangerous is found to be positive for use of any rehabilitation in a
Drugs dangerous drug, after a confirmatory government center
test (first offense) 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 1 of this Act, in which case the
provisions stated therein shall apply

second offense six (6) years and one (1)

day to twelve (12) years
and a fine ranging from
Fifty thousand pesos
(P50,000.00) to Two
hundred thousand pesos
(P200,000.00)
USE
DRUG TEST OF APPREHENDED/ARRESTED
OFFENDERS- Subject to Section 15 of this Act, any person
apprehended or arrested violating this Act shall be subjected to a
screening laboratory examination or test within twenty-four (24)
hours, if the apprehending or arresting officer has reasonable
ground to believe that the person apprehended or arrested, on
account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs. X X X
[Sec. 38, Art. III of R.A. 9165]

NOTE: Only pars. (f) and (g), Sec 36, Art. III of R.A. 9165 were
declared unconstitutional [Pimientel vs. COMELEC, G.R. No.
161658, Nov. 3, 2008, Social Justice Society vs. PDEA, G.R. No.
157870, Nov. 3, 2008 and Laserna vs, PDEA, G.R. No. 158633,
Nov. 3, 2008]
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 16. any person who shall plant, cultivate or life imprisonment to death
Cultivation or culture marijuana, opium poppy or any and a fine ranging from
Culture of Plants other plant regardless of quantity, Five hundred thousand
Classified as which is or may hereafter be classified pesos (P500,000.00) to
Dangerous as a dangerous drug or as a source Ten million pesos
Drugs or Are from which any dangerous drug may (P10,000,000.00)
Sources Thereof be manufactured or derived in the
case of medical laboratories and
medical research centers which
cultivate or culture marijuana, opium
poppy and other plants, or materials of
dangerous drugs for medical
experiments and research purposes, or
for the creation of new types of
medicine, the Board shall prescribe the
necessary implementing guidelines for
the proper cultivation, culture, handling,
experimentation and disposal of such
plants and materials

financier maximum penalty

 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 16. protector/ coddler twelve (12) years and one
Cultivation or (1) day to twenty (20) years
Culture of Plants of imprisonment and a fine
ranging from One hundred
Classified as
thousand pesos
Dangerous (P100,000.00) to Five
Drugs or Are hundred thousand pesos
Sources Thereof (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 26. Any attempt or conspiracy to commit the same penalty prescribed
Attempt or following unlawful acts: for the commission of the
Conspiracy same as provided under
a) Importation of dangerous drugs this Act
and/or controlled precursors and essential
chemicals; [Section 4]
b) Sale, administration, dispensation,
delivery, distribution and transportation of
dangerous drugs and/or controlled
precursors and essential chemicals;
[Section 5]
c) Maintenance of a den, dive or resort
where any dangerous drug is used in any
form; [Section 6]
d) Manufacture of dangerous drugs
and/or controlled precursors and essential
chemicals; [Section 8] and
e) Cultivation or culture of plants which
are sources of dangerous drugs. [Section
16]
ATTEMPT

ATTEMPT - Under the Revised Penal Code, there is an

attempt to commit a crime when the offender commences its
commission directly by overt acts but does not perform all the
acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous
desistance.
 ATTEMPT

The attempt to sell drugs may be established by overt acts

showing that the accused knowingly commenced the
commission of the crime. – [I]n a prosecution for the sale of
dangerous drugs, it is material and indispensable (1) to prove
that the accused sold and delivered the prohibited drug to
another, as well as to present in court the corpus delicti as
evidence; and (2) to prove that the accused knew that what
was sold and delivered was a dangerous drug. The attempt to
sell the drug may be established by overt acts showing that the
accused knowingly commenced the commission of the crime.
(People vs. Balag-ey, et. al., G.R. No. 141532, April 14, 2004)
--
ATTEMPT
ATTEMPT
ATTEMPT

Here, appellant intended to sell shabu and commenced by

overt acts the commission of the intended crime by showing
the substance to PO1 Reyes and PO1 Pastor.12 The sale
was aborted when the police officers identified themselves
and placed appellant and Ritwal under arrest. From the
testimonies of the witnesses, the prosecution was able to
establish that there was an attempt to sell shabu. In
addition, the plastic sachets were presented in court as
evidence of corpus delicti. Thus, the elements of the crime
charged were sufficiently established by evidence.

People vs LAYLO, GR No. 192235, July 6, 2011

CONSPIRACY

Conspiracy arises when two or more persons

come to an agreement concerning the
commission of a felony and decide to commit it. –
Conspiracy is deemed to arise when two or more
persons come to an agreement concerning the
commission of a felony and decide to commit it.
Conspiracy is not presumed. Like the physical acts
constituting the crime itself, the elements of
conspiracy must be proven beyond reasonable doubt.
(People vs. Rose Yu, G.R. No. 155030, May 18,
2004)--
 CONSPIRACY

Conspiracy may be inferred from the conduct of the

accused before, during and after the commission of the
crime, and does not need to be established by direct
evidence. – Conspiracy need not be established by direct
evidence, for it may be inferred from the conduct of the
accused before, during and after the commission of the crime,
all taken together. However, the evidence therefore must
reasonably be strong enough to show a community of criminal
design. In the case at bar, appellant was not a passive
spectator who was mistakenly implicated of committing a
crime. She definitely took an active participation in the sale of
the shabu. She was positively identified as the driver of the
Honda Accord who conversed and gave instructions to
accused Ferdie regarding the transaction.
 CONSPIRACY

It is necessary that a conspirator should have performed some

overt act as a direct or indirect contribution to the execution of
the crime committed. The overt act may consist of active
participation in the actual commission of the crime itself, or it
may consist of moral assistance to his co-conspirators by
being present at the commission of the crime or by exerting
moral ascendancy over the other co-conspirators. Hence, the
mere presence of an accused at the discussion of a
conspiracy, even approval of it, without any active participation
in the same, is not enough for purposes of conviction.

San Juan vs People (May 30, 2011)

 CONSPIRACY

It bears stressing that conspiracy requires the same degree of

proof required to establish the crime — proof beyond
reasonable doubt. Thus, mere presence at the scene of the
crime at the time of its commission without proof of
cooperation or agreement to cooperate is not enough to
constitute one a party to a conspiracy.

San Juan vs People (May 30, 2011)

 RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
Sec. 27. Criminal Liability any public officer or Life imprisonment to
of a Public Officer or employee who death plus fine of
Employee for misappropriates, misapplies P500,000.00 to
or fails to account for
Misappropriation, P10,000,000.00
confiscated, seized or
Misapplication or Failure
surrendered dangerous
to Account for the drugs, plant sources of Removal from office
Confiscated, Seized or dangerous drugs, controlled and perpetual
Surrendered Dangerous precursors and essential disqualification from
Drugs, Plant Sources of chemicals, holding any elective or
Dangerous Drugs, instruments/paraphernalia appointive positions in
Controlled Precursors and/or laboratory equipment the government
and Essential Chemicals, including the proceeds or
properties obtained from the
Instruments/Paraphernali
unlawful acts as provided
a and/or Laboratory for in this Act
Equipment Including the
Proceeds or Properties
Obtained from the
Unlawful Act Committed.
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 28. Criminal If violators are maximum penalties of
Liability of government officials or the unlawful acts
Government employees provided for in this Act in
Officials and addition to absolute
Employees perpetual disqualification
from any public office
Sec. 29. Criminal Planting of evidence Death penalty
Liability for Regardless of quantity or
‘Planting’ of purity
Evidence
 RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
SEC. 91. Responsibility Any member of law not less than twelve (12)
and Liability of Law enforcement agencies or years and one day to
Enforcement Agencies any other government twenty years and a fine of
and other Government official and employee who, not less than Five
Officials and after due notice, fails or hundred thousand pesos
Employees in Testifying refuses intentionally or (P500,000.00), in addition
as Prosecution negligently, to appear as a to the administrative
Witnesses in witness for the prosecution liability he/she may be
Dangerous Drugs in any proceedings, meted out by his/her
Cases involving violations of this immediate superior
Act, without any valid and/or appropriate body.
reason
 RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
SEC. 91. Responsibility immediate superior of the not less than two (2)
and Liability of Law member of the law months and one (1) day
Enforcement Agencies enforcement agency or any but not more than six (6)
and other Government other government employee years and a fine of not
Officials and mentioned in the preceding less than Ten thousand
Employees in Testifying paragraph pesos (P10,000.00) but
as Prosecution not more than Fifty
Witnesses in thousand pesos
Dangerous Drugs (P50,000.00) and in
Cases addition, perpetual
absolute disqualification
from public office if
despite due notice to
them and to the witness
concerned, the former
does not exert
reasonable effort to
present the latter to the
court
 RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
SEC. 92. Delay and Any government officer twelve (12) years and
Bungling in the or employee tasked with one (1) day to twenty
Prosecution of Drug the prosecution of drug- (20) years without
Cases related cases under this prejudice to his/her
Act, who, through prosecution under the
patent laxity, pertinent provisions of
inexcusable neglect, the Revised Penal
unreasonable delay or Code
deliberately causes the
unsuccessful
prosecution and/or
dismissal of the said
drug cases