UNLAWFUL ACTS AND

PENALTIES
A RT I C L E I I
 REPUBLIC ACT NO. 9165

An act instituting the comprehensive dangerous

drugs act of 2002, repealing republic act no.
6425, otherwise known as the dangerous drugs
act of 1972, as mended providing funds therefor,
and for other purposes.
 SECTION 4. IMPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS.

Offenders Penalty/fine
• Importer • Life to Death / P500k-10m

• Importer using Diplomatic Passport • Death / 10m

• Financer, Organizer, Manager of

Importation • Death / 10m

• Protector/Coddler • 12years&1day to 20years / 100k to

500k
EXPLAINATION:

 Even if there is a valid and lawful intention behind the importance of the
dangerous drugs as long as no previous authority was secured and granted
prior to the importation, the same is punishable.

 If a diplomatic passport, diplomatic facility, or official station/position is

utilized to facilitate the illegal importation and entry into the Philippine
territory of the same, the law no longer makes a distinction between whether
what was imported or brought is a dangerous drug or controlled precursor and
essential chemicals.
  SECTION 5.SALES, TRADING, ADMINISTRATION, DISPENSATION,
DELIVERY, DISTRIBUTION, AND TRANSPORTATION, OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

- It refers to the unlawful dealing, selling, administering, disposition or distribution or

transportation of dangerous drugs and controlled precursors/essential chemicals with or
without consideration.

Acts Penalty/fine

• SALE (trade, distribute,

deliver) • Life imprisonment to death /
500k-1m
• TRANSPORT(broker)
Maximum Penalty Impose on:
I. Committed within 100m from a school.
II. Use of minors or mentally incapacitated persons as a runner, couriers and
messenger, or any other capacity
III. If the victim is minor
IV. A dangerous drug is close enough to cause death to the victim.
V. Organizer, manages the unlawful acts, financer protector/coddler.

ELEMENTS
VI. Identify of the buyer and the seller, the object, and consideration.
VII. Delivery of the purchased item and payment for it.
  SECTION 6. MAINTENANCE OF A DEN, DIVE OR RESORT.

Den, Dive or Resort – A place where any dangerous drugs and/or controlled precursors
and essentials chemical is administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.

Acts Penalty/fine
• Maintenance • Life to death/ 500k-10M
• Caters to minors clients • Death/ 10M
• Financer • 12years1day-20years/ 100k-
• Protector/coddler 500k
• Client dies • Death/ 1M-15M
EXPLAINATION:

Not all dens, dives, or resorts, as defined in common parlance, are

subject to the prohibition, because the mere existence of a den,
drive, or resort is not illegal.
 SECTION 7. EMPLOYEES AND VISITORS OF A DEN, DIVE, OR
RESORT.

a) Any employee of a den, dive or resort, who is aware of the nature and places as
such; and
b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the places as such and shall knowingly visits
the same.

Penalty Fine

• imprisonment • 12years1day-20years/ 100k

– 500k
EXPLANITION:

 It is in the nature of a crime by omission. That is, the law

penalizes the offender for failing to do a positive act.

A person may be held liable even if he/she does not actually

engage in illegal drug activity but often visits places and assumes
that he/she is aware.
 SECTION 8.MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIALS CHEMICALS.

Penalty Fine
• Life imprisonment to death • 500k – 10M
• Imprisonment
• 12years1day-20years/ 100k-
500k
EXPLAINATION:

The common used of dangerous drugs in a clandestine laboratory is prima facie

evidence that dangerous drugs are being manufactured.
 
 SECTION 9. ILLEGAL CHEMICAL DIVERSION OF
CONTROLLED PRECURSORS AND ESSENTIALS CHEMICALS.

Penalty Fine
• Imprisonment • 12years1day – 20 years/
100k – 500k

EXPLAINATION:

 This covers not only those chemicals compositions but also those, which at
the moment have not yet been exploited in drug-trafficking.
 Pesons who actually perform the illegal acf of diverting any controlled
precusors and essentiald chemicals are penalized.
 SECTION 10. MANUFACTURE OR DELIVERY OF EQUIPMENT, INSTRUMENT,
APPARATUS, AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

Penalty Fine
• Imprisonment • 12years1day-20years/ 100k-
500k
• 6months1day-4years/
10k-50k

EXPLAINATION:

 Refers to the unauthorized manufacture or delivery of equipment, instruments,

apparatus, and other paraphernalia for dangerous drugs and/or controlled substances
and essential chemicals and not the manufacture or delivery of the dangerous drugs
itself.
 SECTION 11. POSSESSION OF DANGEROUS DRUGS

Penalty Fine
• Imprisonment 12 years and • 100k-500k
1 day to 20 years

EXPLAINATION:

 Another salient feature of the new law in the sense that it lowers the number of
quality of the dangerous substance in order to make the offenses of possession non-
bialable.
SECTION 12. POSSESSION OF EQUIPMENT, INSTRUMENT,
APPARATUS, AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS

Penalty Fine
• Life imprisonment to death • 10k-50k

EXPLAINATION:

 Mere possession without authority of equipment, instrument, apparatus, and other

paraphernalia for dangerous drugs is punishable.
SECTION 13. POSSESSION OF DANGEROUS DRUGS DURING PARTIES,
SOCIAL GATHERINGS, OR MEETINGS

Penalty Fine
• Life imprisonment to death • 500k-10M

EXPLAINATION:

 Mere possession without authority of equipment, instrument, apparatus, and other

paraphernalia for dangerous drugs is punishable.
 SECTION 14. POSSESSION OF EQUIPMENT, INSTRUMENT,
APPARATUS, AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS
DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS

Penalty Fine
• Imprisonment 6 months and • 10k-50k
1 day to 4 years

EXPLAINATION:

 If the instrument has been specifically designed or made for the administration,
injection of illicit drugs, there is no need to actually use it to be punishable.
 SECTION 15. USE OF DANGEROUS DRUGS

Penalty Fine
• 6 months rehabilitation in a • 50k-200k
government center for the 1st
offense and for the 2nd offense 6
years and 1 day to 12 years

EXPLAINATION:

 Any person arrested or apprehend shall be required to submit himself to a drug test
and if found positive, a case shall be filed against him.
 If the offender is likewise found illegally possessing a dangerous drugs at the time
of his apprehension, the provision on possession of dangerous drugs shall apply.
SECTION 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS
DANGEROUS DRUGS OR ARE SOURCES THEREOF

Penalty Fine
• Life imprisonment to death • 500k-10M

EXPLAINATION:

 This penalizes the unauthorized planting, cultivation of plants which are sources or
actually classified as dangerous drugs.
 In addition to the penalty that would be imposed upon the offender, the land or
portion thereof including the greenhouse where the said plant is cultivated shall be
confiscated and escheated in favor if the government.
SECTION 17. MAINTENANCE AND KEEPING OF ORIGINAL RECORDS
OF TRANSACTIONS ON DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS

Penalty Fine
• Imprisonment 1 year and 1 • 10k-50k
day to 6 years

EXPLAINATION:

  This is classified as a crime by omission. Any persons who is illegally engage in

the manufacturing of dangerous drugs is required to maintain and keep the records
involving dangerous drugs otherwise they will be held liable.
 Aside from imprisoned and fine, the business license to the privilege to practice his
profession shall be revoked.
SECTION 18. UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS

Penalty Fine
• Imprisonment 12 years and • 100k-500k
1 day to 20 years

EXPLAINATION:

  This occurs when the physician with authority to issue prescriptions, issues a
prescription for dangerous drugs despite the fact that the physical condition of the
person does not require the prescription that exceeds the dosage required.
 SECTION 19. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS

Penalty Fine
• Life imprisonment to death • 500k-10M

EXPLAINATION:

  If the person has no such authority to issue a prescription and may not even a
medical practitioner at all, it is like a misrepresentation or estafa under article 315
par.2 (a).
 SECTION 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
PRECURSORS AND ESSENTIAL CHEMICALS
SECTION 21. CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED, AND/OR
SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS,
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS,
INSTRUMENTS/PARAPHERNALIA AND/OR LABORATORY EQUIPMENT

Penalty Fine
SECTION 22. GRANT OF COMPENSATION, REWARD AND
AWARD.

Penalty Fine
 SECTION 23. PLEA-BARGAINING PROVISION

Penalty Fine
• Not be allowed to avail of • N/A
the provision on plea-
bargaining.
Penalty Fine