ELS: Criminal Law 2

Acts Punishable
Importation
(Sec. 4)

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Dangerous Drugs (DD), Controlled Precursors and Essential

Chemicals(CP/EC)
Includes:
mere attempt
mere conspiracy
Who are liable?
Any person (unless authorized by law) including Organizer, Manager, or
Financier of such illegal activities, or Protector/Coddler of any of the
violators.

Sale, trading, administration,

dispensation, delivering, giving
away to another, distribution,
transportation, or dispatching in
transportation
(Sec. 5)

Aggravating Circumstances:
If the violator used his diplomatic passport or any other means involving his
official status intended to facilitate the unlawful entry of the same (Diplomatic
passport shall be confiscated and canceled)
Includes:
mere attempt
mere conspiracy
Who are liable?
Any person (unless authorized by law) including Organizer, Manager, or
Financier of such illegal activities, or Protector/Coddler of any of the
violators.

Aggravating Circumstances:
a. committed within 100m from school
b. use of minors/ mentally incapacitated as couriers, runners and
messengers, or in any other capacity directly connected to trade
c. victim is a minor/ mentally incapacitated
d. proximate cause of death is either DD or PC/EC
Maintenance of den, dive or resort Includes:
(Sec. 6)
mere attempt
mere conspiracy
Who are liable?
Any person including Organizer, Manager, or Financier of such illegal
activities, or Protector/Coddler of any of the violators.
(Involving DD only) Aggravating Circumstances:
a. if DD is sold, administered or delivered to a minor, who is allowed to use
the same in such a place
b. if DD is the proximate cause of death using the same in such a den, dive
or resort

Employment and/ or visiting the

den, dive or resort
(Sec. 7)

Note: if owner of the place is a third person (meaning not the maintainer or
not in any way involved in the illegal activities), intent on his part to use the
place in furtherance of the crime must be proven and he must be specifically
included in the criminal complaint as an accused.
Who are liable?
a. any employee of the den, dive or resort
b. any visitor of the den, dive or resort

ELS: Criminal Law 2

Illegal Manufacture

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Note: The employee or visitor must be aware of the nature of the place
Includes:
mere attempt
mere conspiracy
Who are liable?
Any person including Organizer, Manager, or Financier of such illegal
activities, or Protector/Coddler of any of the violators.
Aggravating Circumstances:
If the clandestine lab is undertaken or established under any of the
following circumstances:
a. any phase of the manufacturing process was conducted in the presence or
with the help of minor/s
b. any phase of the manufacturing process was done within 100m from
residential, business, church, school premises
c. if the clandestine lab is protected with booby traps
d. if the clandestine lab is protected with legitimate business operation
e. employment of a practitioner, chemical engineer or public official or
foreigner.
Presumption of Manufacture: Presence of CP or EC or lab equipment in the
clandestine lab is a prima facie proof of manufacture of DD

NOTE: Not necessarily caught in the actual act.

Mere presence of a chemical DD, CP or EC, is considered a prima facie
evidence already.
Illegal Chemical Diversion
Who is liable?
(Sec. 9)
Any person (unless authorized by law)
Manufacture or delivery of
Who are liable?
equipment, instrument, apparatus, Any person who:
and other paraphernalia
a. delivers equipment, instrument, apparatus, and other paraphernalia with
(Sec. 10)
knowledge of its purpose
b. possesses with intent to deliver of equipment, instrument, apparatus, and
other paraphernalia and with knowledge of its purpose
c. manufacturers with intent to deliver of equipment, instrument, apparatus,
and other paraphernalia and with knowledge of its purpose

Possession of DD
(Sec. 11)

Maximum Penalty if:

a. Minor is used to deliver
b. Mentally incapacitated person is used to deliver
Who is liable?
Any person (unless authorized by law)
NOTE: Quantity of DD is considered.

Possession of equipment,
instrument, apparatus, and other
paraphernalia intended for
smoking, consuming,
administering, injecting,
ingestion/introducing into the
human body

Who is liable?
Any person
Unless authorized by law like in the case of medical practitioners and various
professionals in relation to their work PROVIDED they follow the guidelines
prescribed by the Board.
Presumption:

ELS: Criminal Law 2

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(Sec. 12)

Possession of these items is prima facie evidence that the possessor has
smoked, consumed, administered, injected, ingested/ used DD, shall be
presumed that he violated Sec. 15 (Use of DD)
Possession of DD during parties, Penalty: Maximum provided under Sec. 11 (Possession of DD), regardless of
social gathering or meeting or in quantity and purity
the proximate company of at least
two persons
(Sec. 13)
Possession of equipment,
NOTE: Unlike the other provision involving also the possession of such
instrument, apparatus, and other equipment, intent to deliver is not necessary to be held liable under this
paraphernalia for DD during
provision.
parties, social gathering or
meeting or in the proximate
Requisites:
company of at least two persons
1. Possession of such equipment, instrument, apparatus and other
(Sec. 14)
paraphernalia
2. Such E, I, A and other P are fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any DD in the body
3. Done during a party, social gathering or meeting, or in the proximate
company of at least two persons.
Use of DD
Who is liable?
(Sec. 15)
Any person apprehended or arrested, who is found to be positive for any DD,
after a confirmatory test is conducted
Cultivation/ culture of plants
Includes:
classified as DD or sources of DD Mere attempt
(Sec. 16)
Mere conspiracy
Who are liable?
Any person (unless authorized by law) including Organizer, Manager, or
Financier of such illegal activities, or Protector/Coddler of any of the violators.
***Unless authorized by law like in the case of medical labs or medical
research centers which cultivate or culture such plants for medical
experiments and research purposes PROVIDED they follow the guidelines
prescribed by the Board
NOTE: The land or portions thereof and/or greenhouse on which said plants
are cultivated or cultured shall be confiscated and escheated in favor of the
State UNLESS the owner can prove lack of knowledge of the purpose of
cultivation or culture.
Failure to maintain and keep
Who are liable?
records of transactions of DD and
Practitioner, Manufacturer, Wholesaler, Importer, Distributor, Dealer or
CP/ ES
Retailer or Anybody who is in the business of DD, CP/ EC
(Sec. 17)
NOTES: The obligation of maintaining and keeping of the original records of
transaction on any DD and/or CP/EC is imposed under Sec. 40 of CDDA of
2002.

Unnecessary Prescription

What is punished under this provision is the failure to maintain and keep the
records, thus, the practice of profession or doing of the business in relation to
DD or CP/EC is authorized by law.
Who is liable? Any practitioner who prescribes DD even if unnecessary.
When is prescription unnecessary?

ELS: Criminal Law 2

Unlawful Prescription
Misappropriation, misapplication
or failure to account seized,
confiscated or surrendered DD,
CP/EC and plants which are
sources of DD instruments,
paraphernalia or lab equipment,
including proceeds/ properties
obtained from the unlawful act
(Sec. 27)
Benefiting from the proceeds of
trafficking of DD
(Sec. 27)
Receiving financial/ material
contributions from persons found
guilty of trafficking DD
(Sec. 27)
Planting DD, CP or ES as
evidence
(Sec. 29)
Consenting to or knowingly
tolerates the violation of any
provision of this act
(Sec. 30)
Knowingly consenting to/
tolerating or authorizing of any
vehicle, vessel, an aircraft,
equipment or other facility as an
instrument in importation, sale,
trade, administration,
dispensation, delivery, distribution,
transportation, manufacturer or
chemical diversion
(Sec. 30)
Violating any rule/regulation
issued by the DD Board pursuant
to RA 9165
(Sec. 32)
Issuance of false/fraudulent DD
test results
(Sec. 37)
Violation of the confidentiality rule
on records of drug dependents
under voluntary submission
(Sec. 72)
Failure to cooperate with the
Board of Concerned Agency for
the voluntary or compulsory
submission program of a drug

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When it is not required by the physical, psychological, and emotional

condition of the patient as determined by the Board.
Who is liable? Any person who makes/issues a prescription or any writing
purporting to be a prescription for DD
NOTES: Applies to any public officer or employee if the local custodian
misapplied, misappropriated items under DD, CP or EC, plants, instruments,
paraphernalia and other items, he shall be prosecuted under DDA of 2002
and under RPC

NOTE: Applies only to elective public officials

NOTE: Applies only to elective public officials

Who is liable? Any person.

NOTE: Regardless of the quantity and purity of the DD and/or CP/EC
Who are liable? Partner, President, Director, Manager, Trustee, Estate
Administrator, or Officer of juridical entities;
They shall be liable as co-principals
NOTE: Applies only when the violator is a juridical entity
NOTE: Applies only when the vehicle, vessel, aircraft, equipment or facility is
owned by a juridical entity
Who are liable? Partner, President, Director, Manager, Trustee, Estate
Administrator, or Officer of juridical entities

Who may be held liable? Any person

Who may be held liable? Any person authorized, licensed or accredited to

conduct drug test who issues false/fraudulent results (intentional or through
gross negligence)
Who may be held liable?
Any person who has the custody of such records or anyone who, having
gained the possession of the records, reveals the contents of the same.
Who ma be held liable?
Parent spouse or guardian of the drug dependent who is minor
NOTE: Spouse of minor? Maybe their marriage is valid under the laws of

ELS: Criminal Law 2

dependent
(Sec. 72)

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another country but not under the Philippine laws.

Failure/ refusal to appear as a

Who may be held liable? Any member of the law enforcement agencies or
witness for any violation of this act any other government official and employee and the immediate superior of
(Sec. 91)
such law enforcer, official or employee who fails or refuses to appear
(intentional or through negligence)
Delay of handling in the
NOTE: Applies only to prosecutors
prosecution of drug related cases