Republic Act No.

9165

An Act Instituting the

Comprehensive Dangerous Drugs
Act
of 2002
 Comparative Table

Dangerous Drugs Controlled precursors

and essential chemicals
1. Importation
a. Penalty: life imprisonment to death and a
fine ranging from P500T to P10M regardless of
quantity and purity
b. Maximum of penalty:
i. diplomatic passport
ii. diplomatic facilities
iii. other means involving official status
iv. organizer, manager or financier
1. Importation
a. Penalty: 12 years and 1 day to 20 years
and a final ranging from P100T to P500T
b. Max of penalty:
i. diplomatic passport
ii. diplomatic facilities
iii. Other means involving official status
iv. organizer manager or financier
 c. Protector or coddler c. Same
i. Penalty: 12 years and 1 day to 20 years

2. Sale, Trading, Administration, 2. Sale, Trading, Administration,

Dispensation, Delivery, Distribution and Dispensation, Delivery, Distribution and
Transportation Transportation
Definition/s:
Sell – Any act of giving away any
dangerous drug and/or controlled
precursor and essential chemical
whether for money or any other
consideration
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, e-
mail, 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
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 o
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
Dispense – Any act of giving way, selling or
distributing medicine or any dangerous
drug with or without he use of
prescription
Deliver – Any act of knowingly passing a
dangerous drug to another, personally or
otherwise. And by means, with or
without consideration.
a. including broker a. including broker
b. Penalty: life imprisonment to death b. Penalty: 12 years and 1 day to 20 years
and fine of P500T to P10M and fine from P100T to P500T
c. Maximum of penalty: c. Same
i. within 100m from school
ii. use of minors or mentally
incapacitated as runners, couriers
and messengers
iii. Victim is minor or mentally
incapacitated provided that dangerous
drug and/or controlled precursor is
the proximate cause.
iv. organizer, manager or financier
d. Protector or coddler d. Same
i. Penalty: 12 years and 1 day to 20 years
and fine of P100T to P500T
3. Maintenance of Den, Dive or Resort 3. Maintenance of Den, Dive or Resort

Definition/s:
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

a. Penalty: life imprisonment to death a. Penalty: 12 years and 1 day to 20 years

i. fine of P500T to P10M i. fine of P100T to P500T
b. Maximum of penalty: b. Maximum of Penalty:
i. victim is a minor allowed to use i. N/A
dangerous drugs in the den
ii. organizer, manager and financier ii. Same
c. Dangerous drug proximate cause of c. N/A
death of a person using the Same in the
den
i. Penalty: death and fine of P1M to P15M
d. If den, Drive, or Resort owned by 3rd d. Same
person
i. confiscated or escheated in favor of
govt.
e. Protector or coddler e. Same
i. Penalty: 12 years and 1 day to 20 years
ii. Fine of P100T to P500T
4. Employees and visitors of a Den, Dive or 4. Employees and visitors of a Den, Dive or
Resort Resort

Definition/s:
Employee of Den, Dive or Resort – The
caretaker, helper, watchman, lookout,
and other persons working in the den,
dive or resort, employed by the
maintainer, owner and/or operator
where any dangerous drug and/or
controlled precursor and essential
chemical is administered, delivered,
distributed, sold or used, with or
without compensation, in connection
with the operation thereof

a. Penalty a. Penalty
i. 12 years and 1 day to 20 years i. Same
ii. Fine of P100T to P500T
b. Employee must be aware of the nature of b. Same
the place
c. Visitor must knowingly visit the place c. Same
5. Manufacture 5. Manufacture

Definition/s:

Manufacture – The production, preparation,

compounding or processing of any
dangerous drug and/or controlled
precursor and essential chemical, either
directly or indirectly or by extraction from
substances of natural origin,
or independently by means of chemical
synthesis or by combination of extraction
and chemical synthesis, and shall include
any packaging or repackaging of such
substances, design or configuration of its
form, or labeling or relabeling of its
container; except that such terms do not
include the preparation, compounding,
packaging or labeling of a drug substance
by a duly authorized practitioner as an
incident to his/her professional practice
including research, teaching and chemical
analysis of dangerous drugs such
substances that are not intended for sale
or for any other purposes
 a. Penalty

i. life imprisonment to death

ii. Fine of P500T to P10M
a. Penalty
b. Presumption i. 12 years and 1 day to 20 years
i. Presence of controlled precursor and ii. Fine of P100T to P500T
essential chemical or laboratory
equipment is prime facie proof of b . Presumption
manufacture
i. N/A
c. Aggravating if clandestine laboratory is
undertaken or established under the
following
circumstances
i. presence or with help of minors c. Same
ii. within 100m from residence,
business, church or school
iii. clandestine lab is booby trapped
iv. clandestine lab is concealed with
legitimate business operations
v. employment of practitioner,
chemical eng, public official or
foreigner
d. Max of penalty d. Max of penalty
i. organizer, manager or financier i. Same
e. Protector or coddler e. Protector or coddler
i. 12 years and 1 day to 20 years i. Same
ii. fine of P100T to P500T
6. Illegal Chemical Diversion 6. Illegal Chemical Diversion

Definition/s:

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, labeling, relabeling or
concealment of such transaction through
fraud, destruction of documents, fraudulent
use of front companies or mail fraud

a. N/A a. Penalty:
i. 12 years and 1 day to 20 years
ii. Fine of P100T to P500T
7. Manufacture or Delivery of Equipment, 7. Manufacture or Delivery of Equipment,
Instrument, Apparatus and other Instrument, Apparatus and other
paraphernalia paraphernalia

Definition/s:
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
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
a. Penalty: a. Penalty: Same
i. imprisonment of 12 years and 1 day to
20 years
ii. Fine of P100T to P500T
b. Maximum of penalty b. Maximum of penalty
i. use of minors or mentally incapacitated i. N/A
to deliver
c. Equipment to inject, ingest inhale or c. Equipment to inject, ingest inhale or
introduce into human body introduce into human body
i. Penalty: 6 mos. and 1 day to four (4) i. N/A
years
ii. Fine of P10T to P50T
d. Manufacturer or person delivering d. Same
must know or under circumstances
where one reasonably should know
8. Possession of Dangerous Drugs 8. Possession
a. Penalty: a. Penalty: N/A
i. life imprisonment to death and
fine of P500T to P10M if in the
following quantities: b. N/A
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of
heroin hydrochloride;
(4) 10 grams or more of cocaine or
cocaine hydrochloride;
(5) 50 grams or ore of
methamphetamine hydrochloride or
“shabu”;
(6) 10 grams or more or marijuana resin
or marijuana resin oil;
(7) 500 grams or more of marijuana;
and
(8) 10 grams or more of other
dangerous drugs such 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
requirements, as determined and pro-
mulgated by the Board in accordance
to Section 93, Article XI of this Act.

ii. Life Imprisonment and fine of P400T

to P500T if shabu is more than 10
grams or more but less than 50 grams
iii. 20 years and one day and fine of
P400T to P500T if opium, morphine,
heroin, cocaine or cocaine hydro-
choride, marijuana resin oil, shabu, or
other dangerous drugs are 5 grams
or more but less than 10 grams
 iii. 12 years and one day and fine of P300T
to P500T if quantities of dangerous
drugs are less than 5 grams

b. Maximum of Penalty
i. Possession during party and
social gathering or proximate
company of 2 persons

9. Possession of Equipment, Instrument, 9. Possession of Equipment,

Apparatus and other Paraphernalia Instrument, Apparatus and other
a. Penalty: Paraphernalia
i. 6 mos. And 1 day to 4 years i. N/A
ii. Fine of P10T to P50T
b. Presumption:
i. possession prima facie evidence
consumption
c. Maximum Penalty:
i. Possession during party and social
gathering or proximate company of 2 persons
10. Use 10. Use

Definition/s:
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, any of the dangerous drugs
(Must be found positive after a
confirmatory test)
a. Penalty: a. N/A
i. 1st offense: 6 mos. rehab
ii. 2nd offense:
- 6 years and 1 day to 12 years
- fine of P50T to P200T
Except: if in possession
- Sec. 11 will apply
11. Cultivation or Culture 11. Cultivation or culture
a. N/A
Definition/s:

Cultivate or Culture – Any act of

knowingly planting, growing,
raising, or permitting the planting,
growing or raising of any plant
which is the source of a dangerous
drug

a. Penalty:
i. life imprisonment to death
ii. Fine of P500T to P10M
iii. Land will be confiscated and
escheated
b. Maximum of penalty
i. organizer, manager of financier
ii. Land is part of public domain
c. Protector or coddler
i. penalty: 12 years and 1 day to 20 years
ii. Fine of P100T to P500T
12. Maintenance and keeping of original records
in relation to Sec. 40
a. Penalty: a. Penalty
i. 1 year and 1day to 6 years; and i. Same
ii. Fine from P10T to P50T
b. who are liable: b. Who are liable
i. Practitioner i. Same
ii. Manufacture
iii. Wholesaler
iv. Importer
v. Distributor
vi. Dealer
vii. Retailer
c. Additional penalty: c. Additional penalty:
i. revocation of license/business i. Same
13. Unnecessary prescription 13. Unnecessary prescription
a.Penalty: a. N/A
i. 12 years and 1 day to 20 years
ii. Fine: P100T to P500T
b. Additional penalty b. N/A
i. revocation of license
 c. Act covered: c. N/A
i. prescription of drug not required
by physical or physiological
condition
14. Unlawful Prescription 14. Unlawful Prescription
a. Penalty: a. N/A
i. life imprisonment to death
ii. Fine: 100T to 500T
b. Act covered
i. prescription by one not authorized
by law
15. Confiscation and Forfeiture of the 15. Confiscation and Forfeiture of the
Proceeds or Instruments Proceeds or Instruments
a. Unlawful Acts covered: a. Unlawful Acts covered:
i. importation i. Same
ii. Sale trading, administration, ii. Same
dispensation, delivery, distribution,
transportation iii. Same
iii. Manufacture iv. N/A
iv. Cultivation or culture of plants v. N/A
v. Possession of any equipment,
instrument, apparatus and other
paraphernalia
 b. What the govt. will do b. Same
i. every penalty shall include confiscation
and forfeiture of proceeds and properties
derived from unlawful acts.
ii. Exception: property of 3rd person not
liable for unlawful act.

c. When confiscation proceedings will start c. Same

i. after conviction in RTC in the
appropriate
criminal case filed, the court shall
immediately set a hearing
ii. assets and properties must be out of
proportion to lawful income

16. Custody and disposition of confiscated, 16. Custody and disposition of confiscated,
seized and/or surrendered seized and/or surrendered
a. who shall have custody: PDEA a. Same
b. Procedure for disposition b. Same
i. inventory and photograph in the
presence of a accused, person from
whoever confiscated, representative or
counsel
 ii. Submission to PDEA Forensic
Laboratory within 24 hours
iii. Issuance of Certification of results
within 24 hours or partial
laboratory report if volume is high
provided full result in next 24
hours
iv. Court will conduct ocular
inspection within 72 hours from
filing of criminal case.
v. Destruction or burning within 24
hours in the presence of accused,
etc.
vi. Retention of representative sample
Issuance of sworn certification by
the Board as to fact of destruction
vii. Disposition of representative
sample after promulgation and
judgment in criminal case.
17. Plea Bargaining 17. Plea Bargaining
a. no plea bargaining a. Same

18. Probation Law 18. Probation Law

a. not applicable to drug traffickers and a. N/A
pushers
19. Qualifying Aggravating circumstance 19. Qualifying Aggravating circumstance
a. positive finding for use shall be a. N/A
qualifying aggravating circumstance in
commission of crime and application of
penalty provided in RPC

20. Attempt or Conspiracy will have the Same 20. Attempt or conspiracy will have the Same
penalty penalty
a. Unlawful Acts covered: a. Unlawful Acts covered:
i. Importation i. Same
ii. Sale, trading, administration, etc. ii. Same
iii. Maintenance of Den iii. N/A
iv. Manufacture iv. Same
v. Cultivation v. N/A

21. Liability of Public Officer or employee for 21. Liability of Public officer or employee for
misappropriation, misapplication or failure misappropriation, misapplication or
to account failure to account
a. Penalty:
i. Life imprisonment to death i. Same
ii. Fine: 500T to 10 Million
iii. Absolute perpetual disqualification
 b. Liability of elective official who benefits b. N/A
from proceeds or received financial or
material contribution or donations
i. Removed from office
ii. Perpetually disqualified
22. Liability of Public Officials or employees 22. Liability of Public Officials or employees
for unlawful acts for unlawful acts
a. Penalty: a. Same
i. Maximum penalties
23. Liability for Planting evidence 23. Liability for Planting evidence
a. Penalty: a. Same
i. Death b. Same
b. Paraphernalia, equipment, etc.not
covered
24. Liability of Officers of Juridical Entities 24. Liability of Officer of Juridical Entities
a. Who are liable: a. Same
i. Partner
ii. President
iii. Director
iv. Manager
v. Trustee
vi. Estate administrator
vii. Officer
 b. When liable: b. Same
i. When he/she consents to or
knowingly tolerates
25. Laboratory Examination or Test on 25. Laboratory Examination or Test on
Arrested Offenders Arrested Offenders
a. When to be conducted: a. Same
i. Within 24 hours from arrest
b. Basis: b. Same
i. Reasonable ground to believe that
person arrested is under the
influence of dangerous drugs on
account of physical signs,
symptoms or other visible or
outward manifestation
c. What to do if test is positive: c. Same
i. Confirmatory test within 15 days
from receipt of result
26. Voluntary Submission of a Drug 26. Voluntary Submission of a Drug
dependent to confinement treatment and dependent to confinement treatment and
rehabilitation rehabilitation
a. Who can avail: a. N/A
i. Drug dependent
ii. User of dangerous drugs (Sec. 15)
b. Who can Apply: b. N/A
i. Drug dependent or user
ii. Parent
iii. Spouse
iv. Guardian
v. Relative within fourth degree of
consanguinity or affinity
c. Action of the board and court: c. N/A
i. Bring matter to the court
ii. Court shall order examination for
drug dependency
iii. If positive, court will order
treatment and rehabilitation for a
period of not less than 6 months but
not more than 1 year
d. Effect of discharge from confinement: d. N/A
a. Exemption from criminal liability
provided:
i. Complied with rules and
confinement
ii. Has never been charged
or convicted
 iii. No record of escape from center
iv. Poses no serious danger
b. If not exempted, probation and
community service
e. Temporary release from center e. N/A
a. Certification from the center
b. The court shall order release
c. Condition of release:
i. Report to DOH for after-care and
follow-up treatment for 18 months
d. If rehabilitated, then court may
order discharge
e. Otherwise, recommitted to center
where he may later be temporarily
released again

f. Filing of charges f. Filing of charges

a. If drug dependent is not rehabilitated a. N/A
after 2nd commitment, be charged for
violation of Section 15 and
prosecuted like any other offender
 g. Escape from center g. Escape from center
a. If he does not submit himself for a. N/A
recommitment within one week, Board
will issue order for recommitment
b. If he escapes again after
recommitment, he shall be charged for
drug use under Section 15
27. Compulsory Confinement of drug dependent 27. Compulsory Confinement of drug dependent
a. Who are covered:
i. Those dependent on dangerous i. N/A
drugs
b. Who can petition:
i. Board
c. Where should petition be filed:
i. RTC where person is found
d. If after hearing, person maybe ordered to be
examined by two physicians.
e. If either physician finds him to be a drug
dependent, court shall conduct further
hearing.
 f. if court finds him to be a drug dependent,
court shall order his commitment to a
center not later that 15 days from filing of
petition.
28. Compulsory Submission of a drug dependent 28. Compulsory Submission of a drug dependent
charged with an offense charged with an offense
a. Who is covered: a. N/A
i. A person charged with an
offense where the imposable
penalty is imprisonment of less
than 6 years and 1 day and found
by prosecutor or court as a drug
dependent
b. Action to be taken: b. N/A
i. Prosecutor or court will suspend
proceedings and transmit copies of the
record of the case to the board
transmit copies of the record of
the case to the board
c. What the board shall do:
i. Subject person to medical examination
ii. If found to be a drug dependent, file a
a petition with the RTC where he is being investigated or tried
d. Action of the Court:
i. If found to be a dependent, order his/her commitment to a Center for treatment and
rehabilitation
ii. If dependent rehabilitated, he will be returned to the court for further proceedings
iii. If convicted but certified to be rehabilitated, given full credit for stay in the center
iv. If convicted for use and not a recidivist, penalty shall be deemed to have been served