110850518 dangerous drugs act

7/25/2019 110850518 Dangerous Drugs Act

1/5

ELS: Criminal Law 2 RA 9165 copy of Rae Gammad 1

Acts Punishable Dangerous Drugs (DD), Controlled Precursors and EssentialChemicals(CP/EC)

Importation(Sec. 4)

Includes:

mere attempt

mere conspirac

Who are liable?An person (unless authori!ed b la") including #rgani!er, $anager, or%inancier o& such illegal acti'ities, or Protector/Coddler o& an o& the'iolators.

Aggravating Circumstances:I& the 'iolator used his diplomatic passport or an other means in'ol'ing hiso&&icial status intended to &acilitate the unla"&ul entr o& the same (Diplomaticpassport shall be con&iscated and canceled)

Sale, trading, administration,dispensation, deli'ering, gi'ing

a"a to another, distribution,transportation, or dispatching in

transportation(Sec. )

Includes:

mere attempt

mere conspirac

Who are liable?An person (unless authori!ed b la") including #rgani!er, $anager, or%inancier o& such illegal acti'ities, or Protector/Coddler o& an o& the'iolators.

Aggravating Circumstances:a. committed "ithin **m &rom school b. use o& minors/ mentall incapacitated as couriers, runners andmessengers, or in an other capacit directl connected to tradec. 'ictim is a minor/ mentall incapacitatedd. pro+imate cause o& death is either DD or PC/EC

$aintenance o& den, di'e or resort(Sec. )

Includes: mere attempt

mere conspirac

Who are liable?An person including #rgani!er, $anager, or %inancier o& such illegalacti'ities, or Protector/Coddler o& an o& the 'iolators.

(Involving DD only) Aggravating Circumstances:a. i& DD is sold, administered or deli'ered to a minor, "ho is allo"ed to usethe same in such a placeb. i& DD is the pro+imate cause o& death using the same in such a den, di'eor resort

Note:i& o"ner o& the place is a third person (meaning not the maintainer ornot in an "a in'ol'ed in the illegal acti'ities), intent on his part to use theplace in &urtherance o& the crime must be pro'en and he must be speci&icallincluded in the criminal complaint as an accused.

Emploment and/ or 'isiting theden, di'e or resort

(Sec. -)

Who are liable?a. an emploee o& the den, di'e or resortb. an 'isitor o& the den, di'e or resort


2/5


Note: he emploee or 'isitor must be a"are o& the nature o& the place

Illegal $anu&acture Includes:

mere attempt

mere conspirac

Who are liable?An person including #rgani!er, $anager, or %inancier o& such illegalacti'ities, or Protector/Coddler o& an o& the 'iolators.

Aggravating Circumstances:If the clandestine lab is undertaken or established under any of thefolloing circumstances:

a. an phase o& the manu&acturing process "as conducted in the presence or"ith the help o& minor/s b. an phase o& the manu&acturing process "as done "ithin **m &romresidential, business, church, school premisesc. i& the clandestine lab is protected "ith boob traps

d. i& the clandestine lab is protected "ith legitimate business operation e. emploment o& a practitioner, chemical engineer or public o&&icial or&oreigner.!resum"tion of #anufacture: Presence o& CP or EC or lab euipment in theclandestine lab is a prima &acie proo& o& manu&acture o& DD

N$%&: 0ot necessaril caught in the actual act.$ere presence o& a chemical DD, CP or EC, is considered a prima &aciee'idence alread.

Illegal Chemical Di'ersion(Sec. 1)

Who is liable?An person (unless authori!ed b la")

$anu&acture or deli'er o&

euipment, instrument, apparatus,and other paraphernalia(Sec. *)

Who are liable?

Any "erson ho:a. deli'ers euipment, instrument, apparatus, and other paraphernalia "ith2no"ledge o& its purposeb. possesses with intent to delivero& euipment, instrument, apparatus, andother paraphernalia and with knowledgeo& its purposec. manu&acturers with intent to deliver o& euipment, instrument, apparatus,and other paraphernalia and with knowledge o& its purpose

#a'imum !enalty if:a. $inor is used to deli'erb. $entall incapacitated person is used to deli'er

Possession o& DD(Sec. )

Who is liable?An person (unless authori!ed b la")

N$%&: 3uantit o& DD is considered.

Possession o& euipment,instrument, apparatus, and other

paraphernalia intended &orsmo2ing, consuming,

administering, inecting,ingestion/introducing into the

human bod

Who is liable?An person5nless authori!ed b la" li2e in the case o& medical practitioners and 'ariouspro&essionals in relation to their "or2 P6#7IDED the &ollo" the guidelinesprescribed b the 8oard.

!resum"tion:


3/5


(Sec. 9) Possession o& these items is prima &acie e'idence that the possessor hassmo2ed, consumed, administered, inected, ingested/ used DD, shall bepresumed that he 'iolated Sec. (5se o& DD)

Possession o& DD during parties,

social gathering or meeting or inthe pro+imate compan o& at least

t"o persons(Sec. :)

!enalty: $a+imum pro'ided under Sec. (Possession o& DD), regardless o&

uantit and purit

Possession o& euipment,instrument, apparatus, and other

paraphernalia &or DD duringparties, social gathering ormeeting or in the pro+imate

compan o& at least t"o persons(Sec. 4)

N$%&: 5nli2e the other pro'ision in'ol'ing also the possession o& sucheuipment, intent to deliver is not necessary to be held liable under thispro'ision.

euisites: . Possession o& such euipment, instrument, apparatus and otherparaphernalia9. Such E, I, A and other P are &it or intended &or smo2ing, consuming,administering, inecting, ingesting, or introducing an DD in the bod

:. Done during a part, social gathering or meeting, or in the pro+imatecompan o& at least t"o persons.

5se o& DD(Sec. )

Who is liable?An person apprehended or arrested, "ho is &ound to be positi'e &or an DD,a&ter a con&irmator test is conducted

Culti'ation/ culture o& plantsclassi&ied as DD or sources o& DD

(Sec. )

Includes:$ere attempt$ere conspirac

Who are liable?An person (unless authori!ed b la") including #rgani!er, $anager, or%inancier o& such illegal acti'ities, or Protector/Coddler o& an o& the 'iolators.;;;5nless authori!ed b la" li2e in the case o& medical labs or medicalresearch centers "hich culti'ate or culture such plants &or medicale+periments and research purposes P6#7IDED the &ollo" the guidelinesprescribed b the 8oard

N$%&: he land or portions thereo& and/or greenhouse on "hich said plantsare culti'ated or cultured shall be con&iscated and escheated in &a'or o& theState 50


4/5


=hen it is not reuired b the phsical, pschological, and emotionalcondition o& the patient as determined b the 8oard.

5nla"&ul Prescription Who is liable?An person "ho ma2es/issues a prescription or an "ritingpurporting to be a prescription &or DD

$isappropriation, misapplicationor &ailure to account sei!ed,

con&iscated or surrendered DD,CP/EC and plants "hich aresources o& DD instruments,

paraphernalia or lab euipment,including proceeds/ propertiesobtained &rom the unla"&ul act

(Sec. 9-)

N$%&*: Applies to an public o&&icer or emploee i& the local custodianmisapplied, misappropriated items under DD, CP or EC, plants, instruments,paraphernalia and other items, he shall be prosecuted under DDA o& 9**9and under 6PC

8ene&iting &rom the proceeds o&tra&&ic2ing o& DD

(Sec. 9-)

N$%&:Applies onl to electi'e public o&&icials

6ecei'ing &inancial/ material

contributions &rom persons &oundguilt o& tra&&ic2ing DD(Sec. 9-)

N$%&:Applies onl to electi'e public o&&icials

Planting DD, CP or ES ase'idence(Sec. 91)

Who is liable?An person.N$%&: 6egardless o& the uantit and purit o& the DD and/or CP/EC

Consenting to or 2no"ingltolerates the 'iolation o& an

pro'ision o& this act(Sec. :*)

Who are liable? Partner, President, Director, $anager, rustee, EstateAdministrator, or #&&icer o& uridical entities>he shall be liable as co?principals

N$%&:Applies onl "hen the 'iolator is a uridical entit

@no"ingl consenting to/tolerating or authori!ing o& an

'ehicle, 'essel, an aircra&t,euipment or other &acilit as aninstrument in importation, sale,

trade, administration,dispensation, deli'er, distribution,

transportation, manu&acturer orchemical di'ersion

(Sec. :*)

N$%&:Applies onl "hen the 'ehicle, 'essel, aircra&t, euipment or &acilit iso"ned b a uridical entit

Who are liable? Partner, President, Director, $anager, rustee, EstateAdministrator, or #&&icer o& uridical entities

7iolating an rule/regulationissued b the DD 8oard pursuant

to 6A 1(Sec. :9)

Who may be held liable?An person

Issuance o& &alse/&raudulent DDtest results(Sec. :-)

Who may be held liable?An person authori!ed, licensed or accredited toconduct drug test "ho issues &alse/&raudulent results ( intentional or throughgross negligence)

7iolation o& the con&identialit ruleon records o& drug dependents

under 'oluntar submission(Sec. -9)

Who may be held liable?An person "ho has the custod o& such records or anone "ho, ha'inggained the possession o& the records, re'eals the contents o& the same.

%ailure to cooperate "ith the8oard o& Concerned Agenc &or

the 'oluntar or compulsorsubmission program o& a drug

Who ma be held liable?Parent spouse or guardian o& the drug dependent "ho is minor

N$%&: Spouse o& minor $abe their marriage is 'alid under the la"s o&


5/5


dependent(Sec. -9)

another countr but not under the Philippine la"s.

%ailure/ re&usal to appear as a

"itness &or an 'iolation o& this act(Sec. 1)

Who may be held liable? An member o& the law enforcement agencies or

an other government official and employee and the immediate superior o&such la" en&orcer, o&&icial or emploee "ho &ails or re&uses to appear(intentional or through negligence)

Dela o& handling in theprosecution o& drug related cases

N$%&:Applies onl to prosecutors

110850518 dangerous drugs act

Documents