3. To sell or distribute, or cause to be sold or distributed,
9995
such photo or video or recording of sexual act,
whether it be the original copy or reproduction
thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device.
Note: The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s.
Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
18. REPUBLIC ACT 10158 DECRIMINALIZING OF
VAGRANCY: VAGRANTS AND PROSTITUTES
ART. 202, AS AMENDED BY RA 10158
NOTE: RA 10158 decriminalized vagrancy. All pending
cases on vagrancy shall be dismissed and all persons
serving sentence for vagrancy shall be immediately
released upon effectivity of RA 10158 (Reyes, 2017).
Prostitutes
• sharing, showing or exhibiting the photo or video
They are women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct.
· Sexual intercourse is not a necessary
element to constitute prostitution. The act of
habitually indulging in lascivious conducts
because of money or gain would already
amount to prostitution.
Term prostitution is not applicable to a man
• area, buttocks or female breast of an individual.
The term is applicable only to a woman who, for money
or profit, habitually engages in sexual intercourse or
lascivious conduct. A man who engages in the same
conduct is not a prostitute but a vagrant. His acts may
also be punished under city/municipal ordinances.
No crime of prostitution by conspiracy
• of the person would not be visible to the public,
One who conspires with a woman in the prostitution
business like pimps, taxi drivers or solicitors of clients
are guilty of the crime under Article 341 for white
slavery.
ART. 202 NOT APPLICABLE TO MINORS
• activity or to capture an image of the private area
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of prostitution
under Art. 202 of the RPC, such prosecution being
inconsistent with the United Nations Convention on the
Rights of the Child; Provided, That said persons shall
undergo appropriate counselling and treatment
program (Sec. 58, RA 9344).
19.REPUBLIC ACT 9287: ILLEGAL GAMBLING (PD
1602)
Persons liable for any illegal members game:
17. REPUBLIC ACT NO.
ANTI- PHOTO AND VIDEO VOYEURISM ACT OF
2009: AN ACT DEFINING AND PENALIZING THE
CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES
Approved: February 15, 2010
DEFINITION OF TERMS (SECTION 3)
1. Broadcast
• It is to make public, by any means, a visual image with
the intent that it be viewed by a person or persons.
2. Capture
• With respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
3. Female breast
• It is any portion of the female breast.
4. Photo or video voyeurism
• It is the act of taking photo or video coverage of a
person or group of persons performing sexual act or
any similar activity or of capturing an image of the
private area of a person or persons without the latter's
consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the
act of selling, copying, reproducing, broadcasting,
coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones
and similar means or device without the written
consent of the person/s involved, notwithstanding that
consent to record or take photo or video coverage of
same was given by such person/s.
5. Private area of a person/s
• It is the naked or undergarment clad genitals, pubic
6. Under circumstances in which a person has a
reasonable expectation of privacy
• Belief that he/she could disrobe in privacy, without
being concerned that an image or a private area of the
person was being captured; or circumstances in which
a reasonable person would believe that a private area
regardless of whether that person is in a public or
private place.
ACTS PUNISHED (SECTION 4)
1. To take photo or video coverage of a person or group
of persons performing sexual act or any similar
of a person/s such as the naked or undergarment
clad genitals, pubic area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s
has/have a reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;
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limited to parental authority, guardianship, to dispose of a)
any property by any act or conveyance inter vivos, the Bettor
right to vote and be voted for. Such shall be suspended b)
during pendency of appeal from conviction. Anyone who acts as a personnel or staff of an illegal
numbers game operation
Classification of Drugs: c)
1. Dangerous drugs; Collector or agent
2. Controlled precursors and essential chemicals d)
Coordinator, controller, or supervisor
Punishable acts: e)
• Maintainer, manager, or operator
Importation of Dangerous Drugs and/or Controlled f)
Precursors and Essential Chemicals; Financier or capitalist
g)
• Protector or coddler
Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals;

•
Maintenance of a Den, Dive or Resort;

• 20. REPUBLIC ACT 9165/ REPUbLIC ACT 10640:

Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals;
•
Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Therefore
Attempt or Conspiracy to Commit Any of The
Foregoing Acts:
•
Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and Essential
Chemicals;
•
Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals;
DANGEROUS DRUGS ACT
Penalties:
1.
The penalties under the special penal laws were revived
in the latest amendment to the Dangerous Drugs Act;
2. Rules and principles applicable to purely non-RPC
penalties are revived and thus, the ones applicable;
3. The penalty is no longer based on the quantity
involved
EXCEPT in the case of possession but even here, the
quantity involved is much lower than in the old law,
hence, harsher
4. Use of dangerous drugs under Section 15 has
now a graduated penalty:

• · First time users shall be punished with a

Employees and Visitors of a Den, Dive or Resort; penalty of a minimum of 6 months rehabilitation
in a government center
• · For the second offense, shall be imposed a
Possession of Dangerous Drugs; penalty of 6 years and 1 day to 12 years and a
fine of P50,000 to P200,000
• · However, if the offender tested positive and
Possession of Equipment, Instrument, Apparatus and was found in possession, the provision in
Other Paraphernalia for Dangerous Drugs; Section 11 on possession shall apply and not
Section 15 on use
•
Possession of Dangerous Drugs During Parties, Social 5. Regardless of any provision of the law, one cannot
Gatherings or Meetings; avail of plea bargaining;
• 6.Prohibition as to probation applicable to offenses of
Possession of Equipment, Instrument, Apparatus and drug
Other Paraphernalia for Dangerous Drugs During trafficking or pushing;
Parties, Social Gatherings or Meetings;
7. Accessory penalty of marital authority subsisting even
• if found guilty of any offense under the law; and
Use of Dangerous Drugs;
8. The accessory penalties imposed are disqualification
to exercise political and civil rights such as but not
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Immunity from Prosecution and Punishment
• Transactions on Dangerous Drugs and/or Controlled
Any person who has violated Sections 7, 11, 12, 14, 15,
and 19, Article II of R.A. 9165, who voluntarily gives
information about any violation of Sections 4, 5, 6, 8,
10, 13, and 16, Article II thereof as well as any
violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of
the members thereof; and who willingly testifies
against such persons as described above, shall be
exempted from prosecution or punishment for the
offense with reference to which his/her information
of testimony were given, and may plead or prove
the giving of such information and testimony in bar of
such prosecution: Provided, That the following
conditions concur:
(1)
The information and testimony are necessary for the
conviction of the persons described above;
(2) Such information and testimony are not yet in the
possession of the State;
(1)Such information and testimony can be
corroborated on its material points;
(2)The informant or witness has not been previously
convicted of a crime involving moral turpitude,
except when there is no other direct evidence
available for the State other than the information
and testimony of said informant or witness; and
(3)The informant or witness shall strictly and faithfully
comply without delay, any condition or undertaking,
reduced into writing, lawfully imposed by the State
as further consideration for the grant of immunity
from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such
informant or witness who does not appear to be most guilty for
the offense with reference to which his/her information or
testimony were given: Provided, finally, That there is no direct
evidence available for the State except for the information and
testimony of the said informant or witness.
Termination of the Grant of Immunity
• The immunity granted to the informant or
witness shall not attach should it turn out subsequently
that the information and/or testimony is false, malicious
or made only for the purpose of harassing, molesting
or in any way prejudicing suspected members of drug
syndicate against whom such information or testimony
is directed against. In such case, the informant or
witness shall be subject to prosecution and the
enjoyment of all rights and benefits previously
accorded him shall be deemed terminated.
• In case an informant or witness under this Act
fails or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate
any condition accompanying such immunity as
provided above, his/her immunity shall be removed
and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and
•
Maintenance and Keeping of Original Records of
Precursors and Essential Chemicals;
•
Unnecessary Prescription of Dangerous Drugs;
•
Unlawful Prescription of Dangerous Drugs;
•
“Planting”of any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity.
Procedure on the seizure and custody of drugs:
Section 21, paragraph 1, Article II of R.A. No. 9165,
states:
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof.
This is implemented by Section 21(a), Article II of the
Implementing Rules and Regulations of R.A. No. 9165,
which reads:
(a)The apprehending office r/team having initial custody
and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and
photograph the same in the presence of the accused
or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided, that
the physical inventory and photograph shall be
conducted at the place where the search warrant is
served; or at the nearest police station or at the
nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless
seizures; Provided, further , that non-compliance with
these requirements under justifiable grounds , as long
as the integrity and the evidentiary value of the seized
items are properly preserved by the apprehending
officer/team, shall not render void and invalid such
seizures of and custody over said items.
Plea-Bargaining Provision:
Any person charged under any provision of R.A. 9165
regardless of the imposable penalty shall not be allowed
to avail of the provision on plea-bargaining.
Qualifying Aggravating Circumstance:
•
A positive finding for the use of dangerous drugs shall be
a qualifying aggravating circumstance in the
commission of a crime by an offender, and the
application of the penalty provided for in the Revised
Penal Code shall be applicable.
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 by the accused during the suspended sentence period
shall be deducted from the sentence to be served.
R.A. 10640:
NEW OFFENDERS UNDER THE NEW LAW
1. Financier
a.
Any person who pays for, raises or supplies money for,
or underwrites any of the illegal activities prescribed
under the Act;
b.
Penalized with the maximum penalty for the provision
violated
2. Protector/coddler
a. Any person who knowingly and willfully consents to
the unlawful acts provided for in this Act and uses
his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of
this Act in order to prevent the arrest, prosecution
and conviction of the violator;
c.
Penalized with life imprisonment of 12 years and 1 day
to 20 years and a fine ranging from P100,000 to
P500,000
NEW OFFENSES UNDER THE NEW LAW
1. Illegal chemical diversion of controlled
precursors and essential chemicals
a. The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or
procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud;
d.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00)
2. Failure to maintain and keep the original records
of transactions on dangerous drugs and/or
controlled precursors and essential chemicals
3. Attempt or conspiracy to commit unlawful act
which shall have the same penalty as the
consummated offense of:
a. Importation of any dangerous drug and/or controlled
precursor and essential chemical;
the enjoyment of all rights and benefits previously
accorded him shall be deemed terminated.
Limited applicability of the Revised Penal Code.
•
Notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code
shall not apply to the provisions of R.A. 9165, except
in the case of minor offenders wherein the penalty for
acts punishable by life imprisonment thereunder shall
be reclusion perpetua.
First-time minor offenders
• An accused who is over 15 years of age at
the time of the commission of the POSSESSION OF
DANGEROUS DRUG, but not more than 18 years of
age at the time when judgment should have been
promulgated after having been found guilty of said
offense, may be given the benefits of a suspended
sentence, subject to certain conditions.
• Upon his compliance with the applicable rules
and regulations of the Dangerous Drugs Board (DDB),
including confinement in a center, the court, upon a
favorable recommendation of the DDB for the final
discharge of the accused, shall discharge the accused
and dismiss all proceedings.
• The privilege of suspended sentence shall be
availed of only once by an accused drug dependent
who is a first-time minor offender at the time of the
commission of the violation of Section 15 (Use of
Dangerous Drugs) but not more than 18 years of age
at the time when judgment should have been
promulgated.
• If the accused first-time minor offender
violates any of the conditions of his/her suspended
sentence, the applicable rules and regulations of the
DDB exercising supervision and rehabilitative
surveillance over him, including the rules and
regulations of the Center should confinement be
required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any
other convicted person.
• Upon promulgation of the sentence, the court
may, in its discretion, place the accused under
probation, even if the sentence provided is higher than
that provided under existing law on probation, or
impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the DDB through
the DOH in coordination with the Board of Pardons
and Parole and the Probation Administration. Upon
compliance with the conditions of the probation, the
Board shall submit a written report to the court
recommending termination of probation and a final
discharge of the probationer, whereupon the court
shall issue such an order.
• If the sentence promulgated by the court
requires imprisonment, the period spent in the center
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10. Delay and bungling in the prosecution of drug
cases: Any government officer or employee tasked
with the prosecution of drug-related cases under
this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes
the unsuccessful prosecution and/or dismissal of
the said drug cases.
QUALIFYING OR AGGRAVATING CIRCUMSTANCES
1. When a crime was committed under the influence of
drug, a positive finding thereof shall be a qualifying
circumstance in such crime and the rules under the
RPC shall apply;
2.
Maximum period of penalty:
a. Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, or
in the proximate company of at least two (2) persons
shall aggravate possession of dangerous drugs;
j.
Any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during
parties, social gatherings or meetings, or in the
proximate company of at least two (2) persons, shall
aggravate possession of equipment, instrument, etc.
THE ACT OF TRANSPORTING DRUGS IS MALUM
PROHIBITUM
• Offense under special law, it is illegal because it is
prohibited by law.
DRUGS IS PER SE CONTRABAND
• Unlike firearms, accused has the burden of proof to
show he is authorized to possess the drugs.
DRUG DEPENDENCE
• As based on the World Health Organization definition, it
is a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its
onset, termination, or levels of use.
USE
• Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous
drugs.
DELIVERY
• Necessarily involves knowledge on the part of the
person delivering that what he is delivering is dangerous
drugs
e.
Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
f.
Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
g.
Manufacture of any dangerous drug and/or controlled
precursor and essential chemical; and
h.
Cultivation or culture of plants which are sources of
dangerous drugs.
4. Criminal Liability of a Public Officer or Employee
for Misappropriation, Misapplication or Failure to
Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the
Proceeds or Properties Obtained from the Unlawful
Act Committed.
a. Any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized
or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or
properties obtained from the unlawful acts as
provided for in this Act.
i.
Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive
positions in the government, its divisions,
subdivisions, and intermediaries, including
government-owned or –controlled corporations.
5. "Planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity;
6. Violation of any regulation issued by the
Dangerous Drugs Board;
7. Issuance of fraudulent or false drug test results;
8. Violation of confidentiality of records;
9. Any member of law enforcement agencies or any
other government official and employee who, after
due notice, fails or refuses intentionally or
negligently, to appear as a witness for the
prosecution in any proceedings, involving violations
of this Act, without any valid reason;
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 suspend all further proceedings and transmit
copies of the record of the case to the
Board.
TREATMENT OF MINOR DRUG USERS
1. Suspended sentence for the first offense;
3.
Probation or community service for a first-time offense in
lieu of imprisonment;
4.
Service of sentence as any other convicted person if the
accused first-time offender shall violate any of the
conditions of his suspension of sentence or any of the
rules and regulations imposed by the Center if
confinement therein was required
SUSPENSION OF SENTENCE SHALL BE GIVEN TO
FIRST-TIME OFFENDERS WHO ARE OVER 15 BUT
BELOW 18 YEARS OF AGE, SUBJECT TO THE
FOLLOWING CONDITIONS
1. He/she has not been previously convicted of violating
any provision of this Act, or of the Dangerous Drugs
Act of 1972, as amended; or of the Revised Penal
Code; or of any special penal laws;
5.
He/she has not been previously committed to a Center
or to the care of a DOH-accredited physician; and
6.
The Board favorably recommends that his/her sentence
be
suspended.
2 AGGRAVATING CIRCUMSTANCES RE: MINORS
1. Use of minors in offense
2. Minor is the victim
LIABILITY OF ALIENS AND JURIDICAL ENTITIES
• For officers, reclusion perpetua.
OFFENSES A PUBLIC OFFICER MAY BE HELD
LIABLE FOR UNDER THE LAW
1. Malversation or failure to account
2. Misappropriation
NARCOPOLITICS
• Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act,
shall be removed from office and perpetually disqualified
from holding any elective or appointive positions in the
government, its divisions, subdivisions, and
intermediaries, including government-owned or –
controlled corporations.
SOME AGGRAVATING CIRCUMSTANCES UNDER
THE LAW, WHICH IS DIFFERENT FROM ARTICLE 14
1. 100 meter-radius from any school
7.
Uses minors or mentally incapacitated persons in
delivery of dangerous drugs
8.
Clandestine laboratory
• Act of delivering not only covers those made personally
but also covers those effected through other means as
well
ILLEGAL SALE OF MARIJUANA
1. The identity of the buyer and the seller, the object and
consideration
2. The delivery of the thing sold and the payment
therefore
IN SALES, THE QUANTITY HE POSSESSES MUST
BE EQUAL TO THAT BEING SOLD BY HIM
• If equal, it will be illegal sale only: possession is
absorbed by illegal sale;
• If greater in possession, liable as well for illegal
possession for the excess
PRESUMPTIONS IN THE LAW
•
Possession of equipment, instruments, apparatus or
other paraphernalia or dangerous drugs fit or intended
for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug in the
body shall be prima facie evidence that—
1. The possessor has smoked, consumed, etc. to
himself a dangerous drug
2. He has violated Section 15.
PROGRAMS FOR TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS
A drug dependent who violates Section 15 may:
1. Apply to the Board or its duly recognized
representative, for treatment and rehabilitation of the
drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall
order that the applicant be examined for drug
dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that
the applicant is a drug dependent, he/she shall be
ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for
a period of not less than six (6) months, and be:
a. Exempted from criminal liability
b. Placed on probation and undergo community
service
in lieu of
c. Charged for violation of Section 15
2. Compulsory Submission Program
a. In the event the Board determines, after medical
examination, that public interest requires that such
drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition
for his/her commitment with the regional trial court
of the province or city where he/she is being
investigated or tried;
b. If a person charged with an offense where the
imposable penalty is imprisonment of less than six
(6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall
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9.
Possession of drugs during social gatherings or at least
with two people, or at a meeting; and
10.
Possession of apparatus, instrument or implement.

MANDATORY DRUG TESTING FOR THE

FOLLOWING
1. Driver’s license
2. Permit to carry firearms
3. Firearm’s license
4. Candidates for public office
5. Employees of private and public offices
6. Those charged with crimes punishable for more than
6 years
(Judge P: fishing expedition)

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