RA 9165: COMPREHENSIVE DANGEROUS DRUGS ACT

Punishable/Unlawful Acts: Elements/Description:

1) IMPORTATION of -any person (unathorized)
-imports or brings into Phil
Dangerous Drugs -any dangerous drug, regardless of quantity &
purity
-including any & all opium poppy/part
-even for floral, decorative/culinary purposes

2) IMPORTATION of -any person (unathorized)

-imports or brings into Phil
controlled precursor and -any controlled precursor and essential
essential chemical. chemical.
3) Sale -any person (unathorized)
-sell, trade, administer, dispense, deliver, give
Trading away, distribute, dispatch in transit/transport
Administration -or act as broker
Dispensation Of DD -any dangerous drug, regardless of quantity &
purity
Delivery -including any & all opium poppy/part
Distribution
Transportation

4) Sale -any person (unathorized)

-sell, trade, administer, dispense, deliver, give
Trading away, distribute, dispatch in transit/transport
Administration -or act as broker
Dispensation. Of CPEC -any controlled precursor and essential
chemical.
Delivery
Distribution
Transportation
5) Maintenance of -any person or group
-maintains a den, dive/resort where
Den, -any dangerous drug is
Dive or -SOLD / USED in any form
Resort for DD

6) Maintenance of -any person or group

-maintains a den, dive/resort where
Den, -any CPEC is
Dive or -SOLD / USED in any form
Resort for CPEC

7) Employees of Den, Dive or -Employee & aware of nature of such place

-any person & despite awareness still visits
Resort
8) Manufacture of DD -any person (unathorized)
-engage in manufacture of
-any dangerous drug

Prima Facie proof of manufacture, if:

-presence of CPEC or laboratory equipment
in
-clandestine laboratory

9) Manufacture of CPEC -any person (unathorized)

-engage in manufacture of
-any CPEC

10) Illegal Chemical Diversion -any person (unauthorized)

-illegally divert
of CPEC -any CPEC
11) Manufacture or -any person (unathorized)
-deliver, possess with intent to deliver,
Delivery of manufacture with intent to deliver
Equipment, -equipment, instrument, apparatus, & other
Instrument, paraphernalia
-for dangerous drugs
Apparatus, -knowing or reasonably should know that
& Other Paraphernalia -it will be used to plant, propagate, cultivate,
for DD & CPEC grow, harvest, manufacture, compound,
convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal
-any dangerous drug or CPEC
12) Possession of DD -any person (unathorized)
-possess (-ing)
-any dangerous drug
-regardless of purity
-regardless or in certain quantities:

10 g of opium
10 g of morphine
10 g of heroin
10 g of cocaine or c. hydrochloride
50 g of shabu
10 g of marijuana resin or oil
500 g of marijuana
10 g or more of other DDs: ecstasy, PMA,
13) Possession of Equipment, -any person (unathorized)
-possess or have under control
Instrument, Apparatus and -any equipmentm instrument, apparatus,
Other Paraphernalia for others
DD -intended for smoking, consuming,
administering, injecting, ingesting, or
introducing
-any dangerous drug into the body

Possession of such is prima facie evidence of

using such equipments of using DD.

14) USE of DD -any person

-apprehended or arrested
-found positive for use of
-any dangerous drug
-after confirmatory test
15) Cultivation or -any person who shall
-plant, cultivate, or culture
Culture of -marijuana, opium poppy or other plant
Plants classified as DD or -which is may or hereafter be classified as DD
are sources of DD or as a source of DD
-regardless of quantity

The board supervises medical lab & research

center

16) Unnecessary Prescription -practitioner (with license)

–prescribed any DD
of DD -to any person whose
-physical & physiological condition does not
require the use or dosage presecribed
-as determined by the DDB

17) Unlawful Prescription of -any person (unathorized)

-make or issue a presciption or any writing
DD purpoting to be a prescription for
-any dangerous drug

Confiscation & Forfeiture of the proceeds or instruments of the unlawful act, including properties or proceeds d
CPEC

-Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, d
any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants
the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs inclu
with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties deriv
limited to, money and other assets obtained thereby, and the instruments or tools with which the particu
are the property of a third person not liable for the unlawful act, but those which are not of lawful comme
pursuant to the provisions of Section 21 of this Act.

Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Danger
Essential
-The Chemicals, Instruments/Paraphernalia
PDEA shall take charge and have custodyand/or
of all, Laboratory
and disposeEquipment
by:
 (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure a
photograph the same in the presence of the accused or the person/s from whom such items were confisc
or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public
copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangero
chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted
qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the fo
within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of th
dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testin
examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be
laboratory: Provided, however, That a final certification shall be issued on the completed forensic laborator
twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular i
surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential ch
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (
destruction or burning of the same, in the presence of the accused or the person/s from whom such item
representative or counsel, a representative from the media and the DOJ, civil society groups and any elec
the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by
lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: 
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject i
representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction ove
sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of
shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a
the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of th
Justice shall appoint a member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was p
prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court fo
sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt o

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs d
possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence
Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the organization of th
or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by

Plea-Bargaining Provision.
– Any person charged under any provision of this Act regardless of the imposable penalty shall not be allo
bargaining.
-new SC ruling, allow plea-bargain on small quantity DD

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
granted by the Probation Law or Presidential Decree No. 968, as amended.

Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dan
 – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous d
circumstance in the commission of a crime by an offender, and the application of the penalty provided fo
applicable.

Attempt or Conspiracy.
– Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same pena
as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any d
(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.

Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instrumen
Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
– The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,0
in addition to absolute perpetual disqualification from any public office, shall be imposed upon any pub
misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of
essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or
provided for in this Act.

-any elective local or national official found to have benefited from the proceeds of the trafficking of da
have received any financial or material contributions or donations from natural or juridical persons foun
prescribed in this Act, shall be removed from office and perpetually disqualified from holding any electi
government, its divisions, subdivisions, and intermediaries, including government-owned or –controlled co

Criminal Liability of Government Officials and Employees.

– The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to abso
public office, if those found guilty of such unlawful acts are government officials and employees.

Criminal Liability for Planting of Evidence.

– Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essen
purity, shall suffer the penalty of death.

Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities.

– In case any violation of this Act is committed by a partnership, corporation, association or any juridical en
manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
principal.
 -The penalty provided for the offense under this Act shall be imposed upon the partner, president, director
officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment o
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufactu
if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervis
association or juridical entity to which they are affiliated.

Additional Penalty if Offender is an Alien.

– In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisio
be deported immediately without further proceedings, unless the penalty is death.

Liability to a Person Violating Any Regulation Issued by the Board. 

– The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ran
Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly iss
addition to the administrative sanctions imposed by the Board.

Accessory Penalties. 
– A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not lim
guardianship, either as to the person or property of any ward, the rights to dispose of such property by an
political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspen
such conviction.

Issuance of False or Fraudulent Drug Test Results.

– Any person authorized, licensed or accredited under this Act and its implementing rules to conduct drug e
fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of
one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Fiv

Laboratory Examination or Test on Apprehended/Arrested Offenders.

– Subject to Section 15 of this Act, any person apprehended or arrested for violating the provisions of th
laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer ha
person apprehended or arrested, on account of physical signs or symptoms or other visible or outward m
dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall b
receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipm
spectrometry equipment or some such modern and accepted method, if confirmed the same shall be prim
dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of th
laboratory test must be confirmed for it to be valid in a court of law.

Suspension of Sentence of a First-Time Minor Offender.

– An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned
eighteen (18) years of age at the time when judgment should have been promulgated after having been f
benefits of a suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Dru
Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; an
(c) The Board favorably recommends that his/her sentence be suspended.
 Penalties:
Offender:
- Life imprisonement to Death &
-500k to 10M
-Max. Penalty if use diplomatic passport, diplomatic
facilities or involves official status in importing.

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

Offender:
-prison: 12y1d to 20y &
-100k to 500k
-Max. Penalty if use diplomatic passport, diplomatic
facilities or involves official status in importing.

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &
Offender:
- Life imprisonment to Death &
-500k to 10M
-Max. Penalty if:
---- transpires within 100m from the school
----Uses Minors/Mentally Incapacitated as
runners,couriers,mssngrs or any capacity
---Victim is Minors/Mentally Incapacitated or cause of
proximate death

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

Uses Minors/Mentally Incapacitated as

runners,couriers,mssngrs or any capacity
-maximum penalty

Offender:
-prison: 12y1d to 20y &
-100k to 500k
-Max. Penalty if:
---- transpires within 100m from the school
----Uses Minors/Mentally Incapacitated as
runners,couriers,mssngrs or any capacity
---Victim is Minors/Mentally Incapacitated or cause of
proximate death

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

-maximum penalty
Offender: (Maintainer,Owner/Operator)
- Life imprisonment to Death &
-500k to 10M
-if DD is used in the area and is proximate cause of
death : 1M to15M & Death.
Max. Penalty if:
---- administered, delivered/sold to Minors & allowed to
use

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

*Owner is 3rd person, Den, Dive/Resort will be

confiscated & escheated in favor of the Govt if:
-Allege specifically that such place is intentionally for
such crim
-prove Intent of the owner for such crime/purpose
-owner as accused in the complaint

Offender:
-prison: 12y1d to 20y &
-100k to 500k

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

Employee/Visitor:
-12y1d to 20y
-100k to 500k
Offender:
-Life imprisonment &
-500k to 10M

Protectors/Coddler:
-100k to 500k &
-12y1d to 20y

Aggravating Circ if clandestine laboratory is:

-any phase of manufacturing is with presence or help
of Minors
-any phase is within 100m of residential, business,
church, or school premises
-secured/protected with booby traps
-concealed with legitimate business operations
-employs practitioner, chemical engr, public official or
foreigner

Offender:
-prison: 12y1d to 20y &
-100k to 500k

Protectors/Coddler:
-100k to 500k
-12y1d to 20y &

-prison: 12y1d to 20y &

-100k to 500k

Offender:
-prison: 12y1d to 20y &
-100k to 500k
-maximum penalty if uses minors or mentally
incapacitated persons to delover such equipment etc

if used to inject, ingest, inhale, or introduce into human

body a dangerous drug:
-6m1d to 4y
-10k to 50k
Offender:
-Life imprisonment to Death
-500k to 10M

Graduated if lesser quantities

Maximum penalty if during parties, social gatherings or

meetings (proximate company of at least 2 pax)

Offender:
-6m1d to 4y
-10k to 50k

Maximum penalty if during parties, social gatherings or

meetings (proximate company of at least 2 pax)

-If 1st offense, 6m rehab in government center

-2nd time, prison 6y1d to 12y &50k to 200k

If possessing the certain quantities, its penalty shall

apply. (Possession of DD)
 Offender:
-life imprisonment to death
-500k to 10M
-maximum penalty if cultivated in public domain

Land or greenhouse where cultivated/cultured shall be

confiscated and escheated in favor the State UNLESS:
-prove lack of knowledge despite exercise of due
diligence

Organizer/Manager/Financier:
-Maximum Penalty

Protectors/Coddler:
-100k to 500k &
-12y1d to 20y

Offender:
-12y1d to 20 y &
-100k to 500k
-addtl: revocation of license to practice

Offender:
-life imprisonment ro death
-500k to 10M

properties or proceeds derived from the illegal trafficking of DD or

, dispensation, delivery, distribution, transportation or manufacture of

ation or culture of plants which are sources of dangerous drugs, and
or dangerous drugs including other laboratory equipment, shall carry
eeds and properties derived from the unlawful act, including, but not
s with which the particular unlawful act was committed, unless they
are not of lawful commerce shall be ordered destroyed without delay

Plant Sources of Dangerous Drugs, Controlled Precursors and

 mediately after seizure and confiscation, physically inventory and
such items were confiscated and/or seized, or his/her representative
, and any elected public official who shall be required to sign the

plant sources of dangerous drugs, controlled precursors and essential

same shall be submitted to the PDEA Forensic Laboratory for a

one under oath by the forensic laboratory examiner, shall be issued

at when the volume of the dangerous drugs, plant sources of
the completion of testing within the time frame, a partial laboratory
ngerous drugs still to be examined by the forensic
pleted forensic laboratory examination on the same within the next

ours, conduct an ocular inspection of the confiscated, seized and/or

ecursors and essential chemicals, including the
hall within twenty-four (24) hours thereafter proceed with the
/s from whom such items were confiscated and/or seized, or his/her
iety groups and any elected public official. The Board shall draw up
which shall be borne by the offender: Provided, That those item/s of
for legitimate purposes: Provided, further, That a representative

r burning of the subject item/s which, together with the

rt having jurisdiction over the case. In all instances, the representative

personally observe all of the above proceedings and his/her presence

uses or fails to appoint a representative after due notice in writing to
rning or destruction of the evidence in question, the Secretary of
mer;

entative sample/s was presented as evidence in court, the trial

shall request the court for leave to turn over the said representative
(24) hours from receipt of the same; and

s Act, dangerous drugs defined herein which are presently in

stroyed, in the presence of representatives of the Court, DOJ,
ing the organization of the PDEA, the custody, disposition, and burning
shall be implemented by the DOH.

penalty shall not be allowed to avail of the provision on plea-

s of the penalty imposed by the Court, cannot avail of the privilege

nder the Influence of Dangerous Drugs.

 the use of dangerous drugs shall be a qualifying aggravating
f the penalty provided for in the Revised Penal Code shall be

alized by the same penalty prescribed for the commission of the same

ential chemical;
transportation of any dangerous drug and/or controlled precursor and essential chemical;
in any form;
ssential chemical; and

or Failure to Account for the Confiscated, Seized and/or Surrendered

tial Chemicals, Instruments/Paraphernalia and/or Laboratory
mitted.
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00),
e imposed upon any public officer or employee who misappropriates,
drugs, plant sources of dangerous drugs, controlled precursors and
ncluding the proceeds or properties obtained from the unlawful acts as

s of the trafficking of dangerous drugs as prescribed in this Act, or

or juridical persons found guilty of trafficking dangerous drugs as
from holding any elective or appointive positions in the
owned or –controlled corporations.

posed, in addition to absolute perpetual disqualification from any

and employees.

olled precursor and essential chemical, regardless of quantity and

cal Entities.
ation or any juridical entity, the partner, president, director,
y tolerates such violation shall be held criminally liable as a co-
 tner, president, director, manager, trustee, estate administrator, or
sel, aircraft, equipment or other facility, as an instrument in the
sportation or manufacture of dangerous drugs, or chemical diversion,
er the control or supervision of the partnership, corporation,

who violates such provisions of this Act shall, after service of sentence,
h.

r (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to
ng any regulation duly issued by the Board pursuant to this Act, in

rights such as but not limited to, the rights of parental authority or
e of such property by any act or any conveyance inter vivos, and
ights shall also be suspended during the pendency of an appeal from

g rules to conduct drug examination or test, who issues false or

hall suffer the penalty of imprisonment ranging from six (6) years and
sos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

ting the provisions of this Act shall be subjected to screening

ng or arresting officer has reasonable ground to believe that the
her visible or outward manifestation, is under the influence of
xamination or test shall be challenged within fifteen (15) days after
ytical laboratory equipment with a gas chromatograph/mass
d the same shall be prima facie evidence that such person has used
ns of the provisions of this Act: Provided, That a positive screening

of the offense mentioned in Section 11 of this Act, but not more than
ated after having been found guilty of said offense, may be given the

, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised

accredited physician; and