PHILIPPINE DRUG ENFORCEMENT AGENCY, REGIONAL OFFICE

XI
CAMP LEONOR, SAN PEDRO STREET, DAVAO CITY TEL NO., 222 30 45 EMAIL:
pdea_roxi@yahoo.com

CREATION OF PHILIPPINE
DRUG ENFORCEMENT AGENCY
PDEA leads in the anti-drug campaign
of the Government especially in the:
Implementation of RA 9165
Elimination of Illegal Drug Supplies
Ending the Demand of Illegal Drugs
Prevention & Control of Drug Related
Crimes
Making of Filipino Communities Drug-Free

Philippine Drug Enforcement Agency Regional Office XI

WHY SHOULD WE AVOID

DANGEROUS DRUGS
1

Illegal Prohibited by law (RA 9165)

Health Damages our brain and body

Psycho-social Destroys ones behavior

and causes one to commit crime

Spiritual Against the will of God

CROSS SECTION OF A DRUG

AFFECTED HUMAN BRAIN

REPUBLIC ACT 9165

COMPREHENSIVE
DANGEROUS
DRUGS ACT OF 2002
Philippine Drug Enforcement Agency Regional Office XI

SECTION 2
Declaration of Policy
It is the policy of the state to
safeguard the integrity of its
territory
and well being of its
citizenry, particularly the YOUTH
from the harmful effects of
dangerous drugs on their physical
and mental well being.
Philippine Drug Enforcement Agency Regional Office XI

Republic Act 9165 contains a total of

thirty-two (32) penal provisions,
namely:
SEC. 4. Importation of Dangerous Drugs/Controlled
Precursors and Essential Chemicals.

SEC. 5. Sale, Trading, Administration, Dispensation,

Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals.

SEC. 6. Maintenance of a Den, Dive or Resort.

SEC. 7. Employees and Visitors of a Den, Dive or Resort.
SEC. 8. Manufacture of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals.

Sec. 9. Illegal Chemical Diversion of Controlled Precursors

and Essential Chemicals.

SEC. 10.
Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs.

 SEC. 11.

Possession of Dangerous Drugs.

Sec. 12. Possession of Equipment, Instrument,

Apparatus and Other Paraphernalia for Dangerous
Drugs.

Sec. 13. Possession of Dangerous Drugs During

Parties, Social Gatherings or Meetings.

Sec. 14. Possession of Equipment, Instrument,

Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.

Sec. 15. Use of Dangerous Drugs.

SEC. 16.

Cultivation or Culture of Plants Classified

as Dangerous Drugs or Are Sources Thereof.

SEC. 17. Maintenance and Keeping of Original

Records of Transactions on Dangerous Drugs and
Precursors and Essential Chemicals.

Section 18. Unnecessary Prescription of Dangerous

Drugs.

 SEC. 19. Unlawful Prescription of Dangerous Drugs.

SEC. 20. Confiscation and Forfeiture of the Proceeds or

Instruments of the Unlawful Act, Including the Properties
or Proceeds Derived from the Illegal
Trafficking of
Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.

SEC. 24. Non-Applicability of the Probation Law for Drug

Traffickers and Pushers.

SEC. 25. Qualifying Aggravating Circumstances in the

Commission of a Crime by an Offender under the
Influence of Dangerous Drugs.

SEC. 26.

Attempt or Conspiracy.

SEC. 27. Criminal Liability of a Public Officer or Employee

for Misappropriation, Misapplication or Failure to Account

for the Confiscated, Seized or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed.

 Sec. 28. Criminal Liability of Government Officials and

Employees.

Sec. 29. Criminal Liability for Planting of Evidence.

Sec. 30. Criminal Liability of Officers of Partnerships,

Corporations, Associations or Other Juridical Entities.

SEC. 31. Additional Penalty if Offender is an Alien.

SEC. 32.
Liability to a Person Violating Any
Regulation Issued by the Board.

SEC. 35. Accessory Penalties.

SEC. 37. Issuance of False or Fraudulent Drug Test

Results.

SEC. 72.
Liability of a Person Who Violates the
Confidentiality of Records.

SEC. 73.

Liability of a Parent, Guardian, or Spouse

Who Refuses to Cooperate with the Board or any
Concerned Agency.

SEC. 91.

Responsibility and
Liability of Law Enforcement
Agencies and other Government
Officials and Employees in
Testifying as Prosecution
Witnesses in Dangerous Drugs
Cases.

SEC. 92. Delay and Bungling in

the Prosecution of Drug Cases

ARTICLE II
UNLAWFUL ACTS AND
PENALTIES

Philippine Drug Enforcement Agency Regional Office XI

SECTION 4:
a) Elements of importation

To render a person guilty of importation, three (3)

requisites must concur [Pp vs. Colmenares, CA 52 O.G.
3111]:

1. That the merchandise must have been fraudulently or

knowingly imported contrary to law;

2. That the defendant, if he is not the importer himself,

must have received, concealed, bought, sold or in any
manner facilitated the transportation, concealment or sale of
the merchandise; and

3. that the defendant must be shown to have knowledge

that the merchandise had been illegally imported.

However, if the defendant is shown to have had

possession of the illegally imported merchandise without
satisfactory explanation, such possession shall be deemed
sufficient for conviction [Pp vs. Colmenares, CA 52 O.G.
3111].

Section 5
Sale, Trading, Administration,
Dispensation, Delivery, Distribution,
and Transportation of Dangerous
Drugs and or Controlled Precursors
and Essential Chemicals.
Penalty: Life Imprisonment to Death
Fine: P 500,000 to P 10,000,000
Philippine Drug Enforcement Agency Regional Office XI

TRANSPORTATION
In people vs. Lo Ho Wing, the Court

defined transport to mean to carry or

convey from one place to another.
It has also been resolved that the
fact that there is actual conveyance
suffices to support a finding that
the
act
of
transporting
was
committed. It is immaterial whether
or not the place of destination was
reached.

SALE
It is not necessary that the

seller physically delivers the

drug to the buyer or victim or
that the contract be
consummated by the actual
delivery of the subject matter
to the buyer. It is enough that
there be a perfected contract of
sale, when there exists a meeting
of minds. [Pp vs. Fernandez, G.R.
No. 86495, May 13, 1992]

Section 11
Possession of Dangerous Drugs
10 grams or more of opium, morphine, heroine,
cocaine, marijuana resin, or marijuana resin oil
MDMA (ecstasy) and LSD
500 grams or more of marijuana
50 grams or more of methamphetamine
hydrochloride (shabu)

PENALTY: Life Imprisonment to Death

FINE: P 500,000 to P 10,000,000
Philippine Drug Enforcement Agency Regional Office XI

Elements of possession are as

follows:

1. the accused is in possession of an item or

object which is identified to be a prohibited drug;

2. such possession is not authorized by law;

and

3. the accused freely and consciously

possessed the prohibited drug.

Actual physical possession at the time of arrest is

not necessary nor pecuniary advantage need be
proved [Pp vs. Sarmiento, G.R. No. 72141. June 12,
1987]. Proof of ownership is not necessary in illegal
drug cases; it is sufficient that such drug is found in
appellants possession. [Pp vs. Encinada, G.R. No.
116720. October 2, 1997].

Possession of 10 grams or
more but less than 50
grams of Shabu
PENALTY: Life Imprisonment
FINE: P 400,000 to P 500,000
Philippine Drug Enforcement Agency Regional Office XI

Possession of 5 grams or
more but less than 10
grams of shabu or 300
grams or more but less
than 500 grams of
marijuana

PENALTY: Imprisonment of 20 yrs

& 1 day to Life.
FINE: P 400,000 to P 500,000
Philippine Drug Enforcement Agency Regional Office XI

Possession of less than 5

grams of shabu or less than
300 grams of marijuana
PENALTY: Imprisonment of 12 yrs
& 1 day to 20 yrs.
FINE: P 300,000 to P 400,000
Philippine Drug Enforcement Agency Regional Office XI

Section 12
Possession of Equipment,
Instrument, Apparatus and
other Paraphernalia for
Dangerous Drugs
PENALTY: Imprisonment of 6 mos.
& 1 day to 4 yrs.

FINE: P 10,000 to P 50,000

Philippine Drug Enforcement Agency Regional Office XI

Section 15
Use of Dangerous Drugs
1st Offense

A penalty of 6 months to 18 months

rehabilitation
2nd Offense
Penalty: 6 years and 1 day to 12 yrs.
Fine: P 50,000 to P 200,000
Philippine Drug Enforcement Agency Regional Office XI

Section 16
Cultivation or culture of
plants classified as
dangerous drugs
Penalty: Life Imprisonment to Death
Fine: P 500,000 to P 10,000,000
Philippine Drug Enforcement Agency Regional Office XI

ARTICLE IV
PARTICIPATION OF THE
FAMILY, STUDENTS,
TEACHERS AND SCHOOL
AUTHORITIES IN THE
ENFORCEMENT OF THE ACT
Philippine Drug Enforcement Agency Regional Office XI

Section 41

Involvement of the
Family
The family being the basic unit
of the Filipino society shall be
primarily responsible for the
education and awareness of
the members of the family.

The most important tool we have

against drug use is not a badge or a
gun, it is a kitchen table. Parents can
prevent drug use by sitting down with
their children and talking with them
honestly and openly about the
dangers of drugs to young lives and
dreams.
- US SEN. BARRY McCAFFREY

Section 42

Student Councils and

Campus Organizations.
All elementary, secondary, and
tertiary schools student councils
and campus organizations shall
include in their activities a
program for the prevention and
deterrence in the use of
dangerous drugs.

Section 43
School Curricula
Instruction on drug abuse
prevention and control shall
be integrated in the ,
elementary, secondary, and
tertiary of all public and
private schools.

Section 44
Heads, Supervisors and
Teachers of Schools.
All school heads, supervisors, and
teachers shall deemed persons in
authority and, as such, are hereby
empowered to apprehend, arrest or
cause the apprehension or arrest of
any person who shall violate any of
the said provisions.

What is a gang?
(Noun)-an organized group of criminals.

(merriam webster)

What is gangsterism?
A gang is a group of recurrently associating
individuals or close friends with identifiable
leadership
and
internal
organization,
identifying with or claiming control over
territory in a community, and engaging
either individually or collectively in
violent or other forms of illegal
behavior.

The
PDEA,
PNP
and
other
law
enforcement agencies cannot do it alone.
The problem rest upon us. It starts within
ourselves. Every individual must do their
share and contribute to the battle against
illegal drugs.
This country cannot afford to waste its
future of our youth. If the war on illegal
drugs is lost, the future of the country will
follow the wrong direction. Despite and in
spite of the government, we must remain
resolute to win the war against illegal
drugs.

IF WE REMAIN WITH OUR

ARMS CROSSED, WE WILL
REMAIN IN THE HANDS OF
ORGANIZED CRIME, WE WILL
ALWAYS LIVE IN FEAR
President Calderon of Mexico

PDEA RO XI HOTLINES:

TELEFAX
: 082 2223045
SMART
: 09395433405
SUN
: 09331481387
Facebook: PDEA Davao Region
Roxi Infoofficer

DAGHANG SALAMAT

PDEA DRUG ENFORCEMENT

Qualifications: OFFICERS
Male/Female
21-35 Years Old
Degree Holder
CSC /PRC Passer
52 for Female / 54 for Male
Good Moral Background
Physically Fit
Computer Literate
Commendable communication skills
With burning desire to fight against the illegal drug
problem in the country
Willing to undergo 6 months training
Must have an NCIP certificate (for ethnic group
members)