Professional Documents
Culture Documents
I. Acts Punishable:
1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of prohibited drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
b Qualifying Circumstance – if the land involved is part of the public domain, the
maximum of the penalty herein provided shall be imposed.
II. For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and, as such, are
vested with the power to apprehend, arrest, or cause the apprehension or arrest of any
person who shall violate any of the said provision.
1. NOTE: They shall be considered as persons in authority id they are in the school or
within its immediate vicinity, or beyond such immediate vicinity of they are in
attendance in any school or class function in their official capacity as school heads,
supervisors or teachers.
2. Any teacher or school employee who discovers or finds that any person in the school
or within its immediate vicinity is violating this Act shall have the duty to report the
violation to the school head or supervisor who shall, in turn, report the matter to the
proper authorities. Failure to report in either case shall, after hearing, constitute
sufficient cause for disciplinary action. (Sec. 28)
1. III. Rules:
NOTE: When the offense is possession or use of dangerous drugs and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the center upon his
release therefrom.
7. The period of prescription of the offense charged shall not run during the time that the
respondent/accused is under detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of the
offense but not more than 21 years of age when the judgement should have been
promulgated.
2. He has not been previously convicted of violating any provision of this Act or of the
RPC or placed on probation.
Sentence shall be deferred and the accused shall be placed on probation under the
supervision of the Board.
In case of violation of conditions of pardon, court shall pronounce judgement of
conviction and he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed upon
expiration of the designated period.
Notes:
a Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of the
plants is cultivated – confiscated and escheated to the State. UNLESS: owner can prove that
he had no knowledge of the cultivation despite due diligence
c Possession of opium pipe and other paraphernalia – prima facie evidence that the
possessor has smoked, consumed, administered himself, used prohibited drugs
d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply
when:
Opium 40 grams up
Morphine 40 grams up
Shabu 200 grams up
Heroin 40 grams up
MJ resin 50 grams up
Cocaine 40 grams up
(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)
f Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of
identifying BUY MONEY (P v. Abedes)
1. If prosecution can prove the crime without presenting the informer or asset – not
necessary because their testimonies are merely corroborative. Poseur buyer – it
depends on whether the prosecution can prove the crime without their testimonies (P
v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been committed while
the accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is
selling or delivering was prohibited drug. But the moment the fact of sale or delivery
is proved by prosecution, the burden to prove that the accused is not aware that drugs
are prohibited falls on the defense (P v. Aranda)
4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a matter of
defense
5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
6. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher:
violation of RA 6425 and malversation under RPC.
k Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior
police surveillance (P v. Carlos Franca)
l Possession – constructive or actual – not necessary to adduce the marked money as
evidence (P v. Romeo Macara)
m Separate crimes – sale/possession of MT found in his possession after he was frisked but
he can’t be convicted for possession of MJ that he sold
n If victim is minor or drug is proximate cause of death – max penalty is imposed under
Sec 4, 5, 15, 15-a
under 18 at time of commission but not more than 21 at time when judgment was
promulgated
found guilty of possession or use of prohibited or regulated drugs
not been previously convicted of violating any provision of this Act or the RPC
not been placed on probation
defer sentence, place on probation for 6 months to 1 year
violation of probation – pronounce sentence – convict and serve sentence
no violation – discharge him and dismiss the proceeding
if minor is drug dependent – commit to a center for treatment and rehabilitation