Professional Documents
Culture Documents
Drugs
(The provisions of Article 190 to 194 have been repealed. First there was R.A. 6425 known as the
Dangerous Drugs Law of l972 as amended by R.A. 7659. This law has in turn been replaced by R.A.
9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Some salient provisions are
summarized hereunder).
A. Change in the classification of dangerous substances. The old classification between Prohibited and
Regulated Drugs have been replaced by classifying dangerous substances into (i) Dangerous Drugs (DD)
and (ii) Controlled Precursors and Essential Chemicals (CP/EC)
DD and CP/EC are not defined but refer to those substances which are enumerated in the list of
schedules prepared and adopted by International Conventions.
(iv). In this charge of possession, the quantity of the substance determines the penalty to be imposed
(v). Possession may be actual or constructive. Actual possession is when the drug is in the immediate
physical possession or control of the accused constructive possession exists when the drug is under
the dominion or control of the accused or when he has a right to exercise dominion or control over the
place where it is found ( PP vs. Tira,430 SCRA 134)
Thus a person may be convicted for possession of drugs found inside his bedroom even if at the time of
the seizure, he was physically absent there from ( PP vs. Torres, Sept. 12, 2006)
f. Possession of DD or drug paraphernalia during parties, social gatherings or meetings or in the proximity
of at least two persons ( these are new provisions)
d. Use of DD provided the accused is not charged for possession
e. Cultivation or culture of plants classified as DD or sources thereof. This need not be in a plantation.
One plant of marijuana in a flower pot is included
f. Offenses by physicians and drug stores: (i) failure to maintain and keep records of transactions of any
DD or CP/EC (ii) Unnecessary prescription (iii) Unlawful prescription
g. Two new acts are included:
(i). Acting as a Financier: a person who pays for, raises, or supplies money for, or underwrites any of the
illegal activities involving dangerous substances
(ii). Acting as a Protector or coddler: a person who knowingly and willfully consents to the unlawful acts
provided for in the law and who uses his influence, power or position in shielding, harboring, screening or
facilitating the escape of any person whom he knows or has grounds to believe has violated the
provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator
j. Attempt or conspiracy. Note that the law does not include possession as being the subject of an attempt
or conspiracy ( Is this omission intentional or by oversight? )
Act do not follow the nomenclature and scheme of the penalties under the Revised Penal Code and they
do not have periods
C. New Acts punished: The law seeks to address certain abuses by law enforcers as well as causes of
unsuccessful prosecution or dismissal of drug cases filed in court.
1.Creation of a new qualifying aggravating circumstance applicable to offenses under the Revised Penal
Code consisting of a POSITIVE FINDING FOR THE USE OF DANGEROUS DRUGS. This must be
corroborated by a confirmatory drug test
a). Under the old law what constituted an aggravating circumstance was that the accused committed a
crime while under the influence of drug. Under the new law, the accused need not be high on drugs
during the time of committing of a crime so long as the test showed he is a user of drugs
b). The application of the new qualifying aggravating circumstance poses a problem to felonies which do
not have qualified forms such as parricide, threats, physical injuries, robbery. ( In such a case it is
suggested the circumstance must be appreciated as a special aggravating to give meaning to the intent of
the congress to punish more severely the users who commits crimes)
2. Defining and Penalizing the offense of Planting of Evidence i..e planting of any dangerous substances
in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the commission of any violation of this Act
a). If what is planted is not a dangerous substances the crime is that of Incriminating an Innocent
Person/Incriminatory Machination under the Revised Penal Code.
b). The penalty is death
3. Penalizing any public officer who misappropriates, misapplies or fails to account for the DD/CP/EC,
paraphernalia, proceeds or properties obtained form unlawful acts. ( Note: Consider this as Malversation
or Infidelity of Dangerous Drugs, Drug paraphernalia and Drug Proceeds)
4. Penalizes the following acts of law enforcers:
a). Failure or refusal after due notice, to appear as witnesses for the prosecution
b). Failure of the immediate superior to exert reasonable efforts to present the witness in court
c). Failure of the immediate superior to notify the court of the transfer or re-assignment of a witness during
the pendency of the case to another territorial jurisdiction. Note that the transfer of re-assignment to the
witnesses to another territorial jurisdiction must only be for compelling reason and provided the court was
notified 24 hours in advance.
5. Defines and Penalizes the act of Delay and Bungling in the Prosecution of Drug Cases i.e. the
prosecution causes the unsuccessful prosecution or the dismissal through patent laxity, inexcusable
neglect or unreasonable delay. There must first be an Order of dismissal or Judgment of acquittal, based
b. In the presence of (i) the accused or person form whom the articles were taken or his representative
(ii) a representative form the DOJ (iii) representative from the Media and (iv) an elected official. These
persons must also sign the written inventory
2. Submission of the article within 24 hours to the Crime Laboratory for Quantitative ( how many kilos or
grams) and qualitative ( what kind of substance was involved) examination
3. Requirement that the results of the crime laboratory examination must be under oath
4. Upon the filing of the Information in Court:
a. Conduct of an ocular inspection or examination of the evidence by the court within 72 hours. This may
be in the place were the evidence are kept if the same cannot be presented in court, or the evidence are
actually brought and presented in court.
b. Destruction of the articles within 24 hours following the inspection but representative samples are
taken and preserved
5. Destruction of the representative samples after conviction, forfeiture and confiscation of other proceeds
of the crime and
E. Provisions intended to benefit the drug dependent- the following are applicable only if the charge is for