THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002 (RA 9165)
IT IS THE POLICY OF THE STATE :
to safeguard the. . . well-being of its
citizenry, particularly the
youth, from the harmful effects of
dangerous drugs
to re-integrate into society individuals
who have fallen victims to drug abuse
or dangerous drug dependence
FEATURES OF RA NO. 9165
a) Heavier penalties;
Unlawful Act R.A 9165 (2002) R.A. 6425 (1972) Revised Penal
Code (1930)
Sale (Drug Life imprisonment 12y1d to 20y; Fine 2y4m1d to 6y;
Trafficking), to Death; Fine of of P12T-P20T Fine of P300-P10T
Delivery, P500T- P10M
Transportation,
etc.
Importation (same as above) 14y 1d to life (same as above)
imprisonment;
Fine of P14T-P30T
Maintenance of (same as above) (same as above) 11d to 2y4m; Fine
den, dive or resort of P300-P1,000
Possession 12y1d to Death; 6y1d to 12y; Fine (same as above)
Fine of P300T- of P6T-P12T
P10M
Use 6y1d to 12y; Fine (same as above) (same as above)
of P50T-P200T
(2nd offense)
Features of RA No.
9165…
b) A special penal law
- general rule: no criminal intent needed in
order to find a person liable; as long as the
act is committed, it is punishable under
the law
c) Creation of the Philippine Drug Enforcement
Agency (PDEA) as the implementing arm of
the DDB. (DDB = policy-making; PDEA =
enforcement)
UNLAWFUL ACTS AND PENALTIES UNDER R.A. 9165
Section 4. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
Penalties:
Dangerous drug- life imprisonment to death
and fine P500T - P10M
CPECs- imprisonment 12 years and 1 day to 20
years and fine P100T - P500T
Maximum penalty:
Use of diplomatic passport or facilities
Financier
Protector/Coddler- imprisonment 12 years and 1
day to 20 years and fine P100T – P500T
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential
Chemicals
Penalties:
Dangerous drugs - life imprisonment to death
and fine P500T – P10M
CPEC- imprisonment 12 years and 1 day to 20 years
and fine P100T – P500T
Maximum penalty:
if committed within 100 meters from a school;
if the victim is a minor or mentally incapacitated individual;
if it is the proximate cause of the death of the victim;
Financier
Protector/Coddler- imprisonment 12 years and 1 day to 20 years and
fine P100T – P500T
Section 6. Maintenance of a Den, Dive or Resort
Penalties:
Dangerous drug- life imprisonment to death and
fine P500T – P10M
CPEC- imprisonment 12 years and 1 day to 20 years
and
fine P100T – P500T
If proximate cause of death of user- death and
fine P1M – P15M
Maximum penalty:
Administered, delivered or sold to a MINOR
Financier
Protector/Coddler- imprisonment 12 years and 1 day to
20 years and fine P100T – P500T
Section 7. Employees and Visitors of a Den, Dive or
Resort
any employee of a den, dive or resort who is
aware of the nature of the place as such
any person who is aware of the nature of the
place as such and shall knowingly visit the
same
Penalty- Imprisonment 12 years and 1 day to
20 years and fine P100T - P500T
Exception to mala prohibita rule?
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors
and Essential Chemicals
Penalties:
Dangerous drug- life imprisonment
to Death and fine P500T - P10M
CPEC- Imprisonment 12 years
and 1 day to 20 years and
fine P100T - P500T
Maximum penalty- Financier
Protector/Coddler- Imprisonment 12 years and 1 day to 20
years and fine P100T to P500T
Section 11. Possession of Dangerous Drugs
Penalty- life imprisonment to death and fine P500T - P10M
For possession of the following:
10 grams or more of opium; morphine; heroin; cocaine or cocaine
hydrochloride;
50 grams or more of methamphetamine hydrochloride or "shabu";
10 grams or more of marijuana resin or marijuana resin oil;
500 grams or more of marijuana; and
10 grams or more of other dangerous drugs
If lesser quantity: reduced penalty of imprisonment and fine
Three (3) types of Possession under RA No. 9165 and jurisprudence
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
fit or intended for smoking, consuming, administering,
injecting, ingesting or introducing any dangerous drug
into the body.
Penalty- imprisonment 6 months and 1 day to 4 years and
fine P10T- P50T
Exempt: Medical practitioners and professionals
Section 15. Use of Dangerous Drugs
Any apprehended or arrested person found
positive for use of any dangerous drug after
confirmatory test
Penalty:
1st Offense- minimum of 6 months rehabilitation
in a government center
2nd Offense- Imprisonment 6 years and 1 day to 12
years and fine P50T – P200T
Section 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs
or Are Sources Thereof
Penalty- life imprisonment to death and fine P500T – P10M
Maximum penalty: Financier
Protector/Coddler- imprisonment 12 years and 1 day to 20
years
fine P100T – P500T
Exempted: medical laboratories and medical research
centers for medical experiments and or for the creation of
new types of medicines
REGARDLESS OF QUANTITY /
QUALITY
Section 35 – Accessory Penalties
- disqualified to exercise his civil rights, such as
right of parental authority (ex. demand respect
and obedience; to support, educate and instruct
the child; impose discipline) or guardianship
(person or property of ward), the right to dispose
property, or any other act of conveyance
- disqualified to exercise political rights such as
the right to vote and be voted for
Sec. 54 – Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation
a drug dependent or any person who violates Sec. 15 may, by
himself or through his parent, spouse, guardian or relative
within the 4th degree of consanguinity or affinity, apply to the
Board or its authorized representative for treatment and
rehabilitation.
Confinement and treatment in a Center shall not exceed one
(1) year (+ after care treatment which is not more than
eighteen (18) months)
Sec. 61 – Compulsory Confinement
Thank you for your attention!
