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c. Failed to promptly report the same if they K. COMPREHENSIVE DANGEROUS DRUGS

can do so without peril to their person or their ACT OF 2002 (RA 9165, AS AMENDED BY
family. RA 10640)

V. Other relevant rules I. Definition of terms

Recognizing the malum prohibitum characteristic Den, dive or resort

of hazing, the law provides that any person
It is a place where any dangerous drug and/or
charged with the said crime shall not be entitled
controlled precursor and essential chemical is
to the mitigating circumstance that there was
administered, delivered, stored for illegal
no intention to commit so grave a wrong. Also,
purposes, distributed, sold or used in any form.
the framers of the law intended that the consent
of the victim shall not be a defense in hazing. Drug syndicate
(Dungo v. People, G.R. No. 209464, 2015)
It refers to any organized group of two (2) or more
————- end of topic ————- persons forming or joining together with the
intention of committing any offense prescribed
TOPIC OUTLINE UNDER THE SYLLABUS:
under this Act.

III. SPECIAL PENAL LAWS Financier

K. COMPREHENSIVE DANGEROUS DRUGS It refers to any person who pays for, raises or
ACT OF 2000 (RA 9165, AS AMENDED BY RA supplies money for, or underwrites any of the
10640) illegal activities prescribed under this Act.

1. Definition of terms (Sec. 3) Protector/coddler

2. Punishable acts It refers to any person who knowingly and willfully

consents to the unlawful acts provided for in this
3. Chain of custody (Sec. 21)
Act and uses his/her influence, power or position
4. Plea-bargaining (Sec. 23) in shielding, harboring, screening or facilitating
the escape of any person he/she knows, or has
5. Other relevant rules 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.

II. Punishable acts

a. Importation of dangerous drugs and/or
controlled precursors and essential
chemicals, regardless of quantity or purity
involved. The maximum penalty shall be
imposed when:

• Done through the use of a diplomatic

passport, diplomatic facilities, or any
other means involving an offenders'
official status intended to facilitate
unlawful entry; and

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• Acting as organizer, manager, or
financier. (Sec. 4)
b. Sale, trading, administration,
dispensation, delivery, distribution and
transportation of dangerous drugs and/or
controlled precursors and essential
chemicals, including any and all species of
opium poppy regardless of the quantity
and purity involved. The maximum penalty
shall be imposed when:
• It transpires within one hundred (100)
meters from the school.
• Using minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity.
• The victim of the offense is a minor or a
mentally incapacitated individual, or
should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of death
of a victim.
• Acting as organizer, manager, or
financier. (Sec. 5)
Illegal sale
In order to sustain conviction for selling prohibited
drugs, the element of sale must be unequivocally
established. Also, what the law proscribes is not
only the act of selling but also, albeit not limited
to, the act of delivering. The commission of the
offense of illegal sale of marijuana required
merely the consummation of the selling
transaction. What is important is that the poseur-
buyer received the marijuana from the accused.
(People v. Ponferada, G.R. NO. 101004, 1993)
Elements of illegal sale
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
therefor. (People of the Philippines v. Teofilo
Honrado and Romulo Honrado, G.R. No.
182197, 2012)
CRIMINAL LAW
Delivery is any act of knowingly passing
a dangerous drug to another, personally
or otherwise, and by any means, with or
without consideration.
c. Maintenance of a den, dive or resort. The
maximum penalty shall be imposed when:
• Any dangerous drug is administered,
delivered or sold to a minor who is
allowed to use the same in such a
place.
• Acting as organizer, manager, or
financier. (Sec. 6)
d. Being an employee of a den, dive or resort,
who is aware of the nature of the place as
such. (Sec. 7)
• 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.
e. Manufacture of dangerous drugs and/or
controlled precursors and essential
chemicals (Sec. 8)
The presence of any controlled precursor
and essential chemical or laboratory
equipment in the clandestine laboratory is a
prima facie proof of manufacture of any
dangerous drug. It shall be considered an
aggravating circumstance if the clandestine
laboratory is undertaken or established
under the following circumstances:
1. Any phase of the manufacturing
process was conducted in the
presence or with the help of minor/s;
2. Any phase or manufacturing process
was established or undertaken within
one hundred (100) meters of a
residential, business, church or
school premises;
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3. Any clandestine laboratory was 3. the accused freely and consciously

secured or protected with booby possessed the drug. (People v.
traps; Trinidad, G.R. No. 199898, 2014)

4. Any clandestine laboratory was Jurisprudence is consistent in that mere

concealed with legitimate business
operations; or
5. Any employment of a practitioner,
chemical engineer, public official or
foreigner.
The maximum penalty provided for under
this Section shall be imposed upon any
person, who organizes, manages or acts
as a "financier" of any of the illegal
activities prescribed in this Section.
f. Illegal chemical diversion of controlled
precursors and essential chemicals (Sec. 9)
g. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursors and essential
chemicals. The maximum penalty shall be
imposed when any person, who uses a
minor or a mentally incapacitated individual
to deliver such equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs. (Sec. 10)
h. Possession of dangerous drugs, regardless
of purity of the quantities laid down in the act.
(Sec. 11)
If person who has tested positive is also
found in possession of dangerous drugs,
he should be prosecuted under
possession. Hence, USE is subsumed by
POSSESSION.
Elements of possession
possession of a prohibited drug
constitutes prima facie evidence of
knowledge or animus possidendi
sufficient to convict an accused in the
absence of any satisfactory explanation.
Illegal possession of regulated drugs is
mala prohibita, and, as such, criminal
intent is not an essential element.
However, the prosecution must prove
that the accused had the intent to
possess (animus posidendi) the drugs.
Possession, under the law, includes not
only actual possession, but also
constructive possession. Actual
possession exists when the drug is in the
immediate possession or control of the
accused. On the other hand, constructive
possession exists when the drug is under
the dominion and control of the accused
or when he has the right to exercise
dominion and control over the place
where it is found. Exclusive possession
or control is not necessary. (People v.
Trinidad, G.R. No. 199898, 2014)
i. Possession of equipment, instrument,
apparatus and other paraphernalia for fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any dangerous drug into the
body (Sec. 12)
j. Possession of dangerous drugs during
parties, social gatherings or meetings, or in
the proximate company of at least two (2)
persons, regardless of quantity and purity,
shall suffer maximum penalty (Sec. 13)

1. the accused is in possession of an k. Possession of equipment, instrument,

item or object, which is identified to
be prohibited or regulated drug;
2. such possession is not authorized
by law; and
apparatus and other paraphernalia for fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any dangerous drug into the
body, during parties, social gatherings or
meetings, or in the proximate company of at

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least two (2) persons shall suffer maximum
penalty (Sec. 14)
l. Use of Dangerous Drugs, after being found
positive via a confirmatory test. (Sec. 15)
As discussed under Sec. 11, this provision is
not applicable if the person tested is also
found to have in his/her possession such
quantity of any dangerous drug provided
under Sec. 11.
m. Cultivation or culture of plants classified as
dangerous drugs or are sources thereof
(Sec. 16)
n. Failure to maintain or keep original records
of transactions on Dangerous Drugs and/or
controlled precursors and essential
chemicals (Sec. 17)
o. Unnecessary prescription of dangerous
drugs – It is the act of prescribing any
dangerous drug to any person whose
physical or physiological condition does not
require the use or in the dosage prescribed
therein (Sec. 18)
p. Unlawful prescription of drugs – Any person,
who, unless authorized by law, shall make or
issue a prescription or any other writing
purporting to be a prescription for any
dangerous drug (Sec. 19)
III. Chain of custody
It refers to the duly recorded authorized
movements and custody of seized drugs or
controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each
stage, from the time of seizure/confiscation to
receipt in the forensic laboratory to safekeeping
to presentation in court for destruction. Such
record of movements and custody of seized item
shall include the identity and signature of the
person who held temporary custody of the seized
item, the date and time when such transfer of
custody were made in the course of safekeeping
and use in court as evidence, and the final
disposition. (Section 1(b) of Dangerous Drugs
Board Regulation No. 1, Series of 2002)
CRIMINAL LAW
Rules on chain of custody
a. At the place where the search warrant is
served, or nearest police station, or nearest
office of the apprehending officer/team,
there must be the inventory and photographs
done in the presence of the accused, or
his/her representative or counsel with:
1. An elected public official; and
2. Representative of the National
Prosecution Service or the media.
b. Within 24 hours from seizure, items must be
submitted to the PDEA Forensic laboratory
for examination.
c. Immediately upon receipt of the subject
item/s, a certification under oath of the
forensic laboratory examiner shall be made.
d. Within 72 hours from filing of criminal case,
an ocular inspection shall be made.
e. Within 24 hours from filing of ocular, the
drugs seized must be destroyed by the
PDEA in the presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a representative
from the media and the DOJ, civil society
groups and any elected public official.
f. A representative sample in min. quantity
shall be retained. Those that belong to lawful
commerce shall be donated or recycled for
legitimate purposes.
g. Sworn certification of destruction shall be
issued by the Board and submitted to the
court with jurisdiction of the case, along with
the sample.
h. Accused or representative are allowed to
observe proceedings. If accused has no
counsel within 72hrs from written notice prior
to destruction, court shall appoint a counsel
from PAO.
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i. Within 24 hours from receipt of judgment –
trial prosecutor shall inform the Board and
request for leave to turn over the samples to
PDEA for destruction.
Non-compliance with these requirements under
justifiable grounds, as long as the integrity and
the evidentiary value of the seized items are
properly preserved by the apprehending
officer/team, shall not render void and invalid
such seizures and custody over said items. (Sec.
21)
Considered violations of chain of custody rule
a. Accused was not present during the
photography of the seized items (People v.
Cordova, 231130, 2018)
b. A representative of either the National
Prosecution Service or the media was
absent during the photography and
inventory of the seized items (People v.
Cordova, G.R. No. 231130, 2018)
c. Three days had passed since the items were
seized from the accused (People v. Cordova,
G.R. No. 231130, 2018)
d. Two separate inventories were conducted
which were attended by different witnesses
(People v. Cabrellos, G.R. No. 229826,
2018)
e. The drugs were turned over to the crime
laboratory 10 days after seizure (People v.
Ching, G.R. No. 223556, 2017)
f. The drugs were turned over immediately to
the crime laboratory, without it being first
delivered to an investigating officer (People
v. Calibod, G.R. No. 230230, 2017)
g. The drugs were not directly turned over to
the forensic chemist. Instead, it was only left
within the premises of the crime laboratory
(People v. Calibod, G.R. No. 230230, 2017)
h. There were discrepancies in the labels of the
seized items (People v. Alvaro, G.R. No.
225596, 2018)
CRIMINAL LAW
i. There was a discrepancy in the weight of the
seized items (People v. Ramos, G.R. No.
233744, 2018)
j. There was a discrepancy in the number of
the sachets shown in the photographs and
the number of sachets for which the accused
is being charged of illegally possessing
(People v. Lumaya, G.R. No. 231983, 2018)
k. No physical inventory was conducted for the
items taken (People v. Mercader, G.R. No.
233480, 2018)
l. No photographs of the seized items were
taken (People v. Mercader, G.R. No.
233480, 2018)
Links that the prosecution must endeavor to
establish with respect to the chain of custody
in a buy-bust operation
The following links must be established:
a. Seizure and marking of the illegal drug
recovered from the accused by the
apprehending officer;
b. Turnover of the illegal drug seized by the
apprehending officer to the investigating
officer;
c. Turn over by the investigating officer of the
illegal drug to the forensic chemist for
laboratory examination; and,
d. Turnover and submission of the marked
illegal drug seized by the forensic
chemist to the court. (People v.
Watamama, G.R. No. 18871, 2014)
IV. Plea bargaining
While Section 23 of the Dangerous Drugs Act
provides that “any person charged under any
provision of this Act regardless of the imposable
penalty shall not be allowed to avail of the
provision on plea-bargaining,” this provision has
been stricken down as unconstitutional in
Estipona v. Hon. Lobrigo (G.R. 226679, 2017) for
being contrary to the rule-making authority of the
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Supreme Court under Section 5 (5), Article VIII of TOPIC OUTLINE UNDER THE SYLLABUS:
the Constitution.
III. SPECIAL PENAL LAWS
V. Other relevant rules
While testimony about a perfect chain is not L. CODE OF CONDUCT AND ETHICAL
always the standard because it is almost always STANDARDS FOR PUBLIC OFFICIALS AND
impossible to obtain, an unbroken chain of EMPLOYEES (RA 6713)
custody becomes indispensable and
essential when the item of real evidence is not 1. Definition of terms (Sec. 3)
distinctive and is not readily identifiable, or
when its condition at the time of testing or trial 2. Norms of conduct of public officials and
is critical, or when a witness has failed to employees (Sec. 4)
observe its uniqueness. The same standard
likewise obtains in case the evidence is 3. Duties of public officials and employees
susceptible to alteration, tampering, (Sec. 5)
contamination and even substitution and
exchange. In other words, the exhibit’s level of 4. Prohibited acts (Sec. 7)
susceptibility to fungibility, alteration or tampering
– without regard to whether the same is advertent 5. Statements and disclosure (Sec. 8)
or otherwise not – dictates the level of strictness
in the application of the chain of custody rule. 6. Divestment (Sec. 9)
(People v. Climaco, G.R. No. 199403, 2012)
7. Other relevant rules
Non-compliance with the procedural
requirements under RA 9165 and its IRR relative
to the custody, photographing, and drug-testing of
the apprehended persons, is not a serious flaw
that can render void the seizures and custody of
drugs in a buy-bust operation (People v.
Cardenas, G.R. No. 190342, 2012)

A buy-bust operation is valid despite the absence

of a prior surveillance. Prior surveillance is not
required, especially when the team is
accompanied to the scene by the informant
(People of the Philippines v. Camilo D. Nicart and
Manuel T. Capanpan, G.R. No. 182059, 2012)

————- end of topic ————-

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