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WHATEVER YOU

CANT CAN WE CAN


CAN

Section 2. Declaration of Policy


It is the policy of the State to safeguard the integrity
of its territory and the well-being of its citizenry
particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental wellbeing, and to defend the same against acts or
omissions detrimental to their development and
preservation. In view of the foregoing, the State
needs to enhance further the efficacy of the law
against dangerous drugs, it being one of todays
most social ills.

Toward this end, the government shall pursue an


intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other
similar substances through an integrated system of
planning, implementation and enforcement of antidrug abuse policies, programs and projects. The
government shall, however, aim to achieve a
balance in the national drug control program so that
people with legitimate medical needs are not
prevented from being treated with adequate
amounts of appropriate medications, which include
the use of dangerous drugs.

It is further declared the policy of the State to provide


effective mechanisms or measures to re-integrate
into society individuals who have fallen victims to
drug abuse or dangerous drug dependence through
sustainable programs of treatment and rehabilitation.

Sec. 98. Limited Applicability


Revised Penal Code

of

the

Notwithstanding any law, rule or regulation to the contrary, the


provisions of the Revised Penal Code (Act No. 3814), as
amended, shall not apply to the provisions of this Act, except
in case of minor offenders. Where the offender is a minor, the
penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death.

Atty. JACQUELYN LAURENTE DE GUZMAN

Republic Act 9165 contains a


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

Drugs/Controlled

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,

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.
Records.

Liability of a Person Who Violates the Confidentiality of

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.

ILLEGAL TRAFFICKING
The
illegal
cultivation,
culture,
delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous
drugs and/or controlled precursors and essential
chemicals
(covers Sections 4, 5, 8 ,11 and 16
of Philippine Law)

RA 9165
PROVISION
Section 4
Importation of
Dangerous
Drugs and/or
Controlled
Precursors
and Essential
Chemicals

UNLAWFUL ACT

PENALTIES PROVIDED

Importation of dangerous drugs Life imprisonment to death plus


fine ranging from Five hundred
regardless of quantity or purity
thousand pesos (P500,000.00) to
Ten
million
pesos
(P10,000,000.00)
Importation of any controlled imprisonment ranging from twelve
precursor and essential chemical (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)
protector/coddler of any violator twelve (12) years and one (1) day
of the provisions under this to
twenty
(20)
years
of
Section
imprisonment and a fine ranging
from One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

financier and those who will use maximum penalty


diplomatic passport for the
import of dangerous drugs
and/or controlled precursors
and essential chemicals

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

b) Import and bring are synonymous terms.


The mere act of going into a port, without
breaking bulk is prima facie evidence of
importation. [The Mary (US), 16 Fed. Cas. 932, 933].

Any person unlawfully imports or brings any


prohibited drugs in the Philippines, when the prohibited
drugs is found under the persons control on a vessel
which has come direct from a foreign country and is
within the jurisdictional limits of the Philippines [U.S. vs.
Ah Sing, 36 Phil 978]

It is also vital for a government to prove, or offer


sufficient evidence to raise a presumption, that the
vessel from which the drug is discharged came into
Philippine waters from a foreign country with the drug on
board [U.S. vs. Jose, 34 Phil 840].

Proof of ownership is immaterial


where the accused is charged with the
unlawful importation of drugs [Pp vs. Exala,
221 SCRA 494; Pp vs. Jain, 254 SCRA 686].

LESSONS
LEARNED

Re- Acquittal of Accused


in
PP vs. GODSWILL TOCHUKWU
EMENIKE

Facts of the Case


Type of Operation

Date of Arrest

Place of Arrest

Arresting Team

Evidence Confiscated :

Violations Charged

Controlled Delivery
29 July 2002
Project 8, Quezon
City
PDEA, NBI, BUCUS
692.1604 g Cocaine
Hydrochloride
Sec. 4, RA 9165

POINTS RAISED BY THE COURT


a. Accused Emenike or Willy and George (Nwadu or
Nwoliza), to whom the package is addressed to are
two (2) different persons
b. There is no factual basis that accused knew or
could have known that there is dangerous drugs
contained in the package for he acted only on a
care of basis, thereby putting doubt on his
participation to the crime
c. The allegation that accused possessed two (2)
different passports is of no moment and has no
relation to the offense allegedly committed by him
in this case

RECOMMENDATIONS
The Honorable Court has the following to say:
xxx

To receive a parcel or letter for somebody simply means that


the actual recipient admits that such parcel or letter is not his
but belongs to the one to whom it is due and appearing as
the addressee thereof.
Perhaps, if our NBI agents had been a little more patient
and less impetuous, they could have successfully cornered
their quarry. American poet Henry Wadsworth Longfellow in
a famous narrative poem Evangeline dwelling on
patience a brother to all spooks praised patience in this
way: Patience accomplish thy labour, accomplish thy work of
affection

RECOMMENDATIONS
(Investigation, we in law might say). Mr. Benjamin
Franklin (need we say who he is) writing in his now
sadly because almost forgotten Poor Richards
Almanac, had this to say about rash action and it is a
short and simple one: Haste, according to Mr.
Franklin, makes waste.
Accordingly, judgment is hereby rendered
ACQUITTING the accused Godswill Emenike y
Tochukwu, a.k.a. William Jackson or Willy, of the
crime of violation of Section 4, Article II, of RA 9165,
i.e. importation of cocaine hydrochloride.

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 5. Sale,
Trading,
Administration,
Dispensation,
Delivery,
Distribution
and
Transportation
of Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals

Anyone who shall sell, trade,


administer, dispense, deliver,
give away to another, distribute,
dispatch in transit or transport
any dangerous drug or shall act
as a broker in any of such
transactions
regardless
of
quantity and purity

life imprisonment to death and a


fine ranging from Five hundred
thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)

anyone who shall sell, trade,


administer, dispense, deliver,
give away to another, distribute,
dispatch in transit or transport
any controlled precursor and
essential chemical, or shall act
as a broker in such transactions

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)

RA 9165 PROVISION
Sec. 5. Sale, Trading,
Administration,
Dispensation,
Delivery, Distribution
and Transportation of
Dangerous Drugs
and/or Controlled
Precursors and
Essential Chemicals

UNLAWFUL ACT

PENALTIES
PROVIDED

when transaction transpired one maximum penalty


hundred (100) meters away from
school
when
minors
or
mentally maximum penalty
incapacitated individuals are used
as
runners,
couriers
and
messengers, or in any other
capacity directly connected to the
dangerous drugs and/or controlled
precursors
and
essential
chemicals trade
if the victim of the offense is a maximum penalty
minor or a mentally incapacitated
individual, or should a dangerous
drug and/or a controlled precursor
and essential chemical involved in
any offense

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.
The act of transporting dangerous drugs is a malum
prohibitum as it is punished by a special law; thus criminal intent is
also immaterial.
That the contraband failed to reach its final destination would not
preclude the commission of the crime of transporting illegal drugs;
the fact of actual conveyance would suffice to support the
finding of guilt [Pp vs. Gomez, G.R. No. 101817. March 26, 1997].

TRANSPORTATION
In People vs. Jones (G.R. No. 115581, August 29,1997), the
Court held:
There is no doubt in the mind of the court that the accused was in
the act of transporting heroin when she was caught. The accused was
caught in the international airport, holding tickets issued by Northwest
Airlines for abroad. She has gone through the usual process preceding
departure, and was in fact at the last stage of security checks, right before
boardingm when frisker Rubilinda Rosal discovered her hidden contraband.
Such circumstance leave no doubt to the mind of the court that the accused
was transporting the prohibited substance. There is no definitive moment
when the accused transports a prohibited drug. When the circumstances
established point to the purpose of the accused to transport, and to the
fact of transportation itself, then there should be no question as to the
perpetration of the criminal act. [emphasis supplied]

GIVING AWAY
In People vs. Lacerna, the Court explained that the phrase
give away means to make a present of; to donate, or to make
sacrifice.
The phrase was construed as extending only to a disposition in
esjudem generis with a sale or a gift.
It is synonymous with to furnish, a broad term embracing the
acts of selling and giving away with the intent of transferring
ownership.
As distinguished from delivery, which is an incident of sale,
giving away is a disposition other than a sale. It is, therefore, an
act short of a sale which involves no consideration. The dangerous
drug becomes an item or merchandise presented as a gift or a
premium (giveaway), where ownership is transferred.

SALE

Elements of Illegal Sale

the

1.the identity of the buyer and the seller,


object and consideration; and

2.the delivery of one thing sold and the


payment therefore
People vs. Roble (GR No. 192188, April 11, 2011) citing People v.
Lorenzo, G.R. No. 184760, April 23, 2010, 619 SCRA 389, 400; People v. Ong,
G.R. No. 175940, February 6, 2008, 544 SCRA 123, 132.

SALE

It bears stressing that what is material to the prosecution for


illegal sale of drugs is the proof that the transaction or sale
actually took place, coupled with the presentation in court of
evidence of corpus delicti. In other words, the essential
elements of the crime of illegal sale of prohibited drugs are:
(1) the accused sold and delivered a prohibited drug to
another; and (2) he knew that what he had sold and
delivered was a prohibited drug. [13]
People vs. Felipe (GR No. 191754, April 11, 2011) citing People v.
Pendatun, 478 Phil. 201, 212 (2004), citing People v. Cercado, 385
SCRA 277 (2002); People v. Pacis, 434 Phil. 148, 159 (2002).

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]
Mere consummation of the selling transaction
required Payment for drugs delivered is not a requisite for
conviction [Pp vs. Angeles, 209 SCRA 799].
Even without money to buy the dangerous drug, so long as
the police officer went thru the motion as a buyer and his offer
was accepted and the drug was delivered, the crime was
consummated by the delivery of goods [Pp vs. Lakibul, 217
SCRA 575; Pp vs. Dela Cruz, 224 SCRA 468].

SALE
In People vs. Tabar, the Court convicted accused of
illegal possession although he was charged with sale.
This considering that the prevailing doctrine is that
possession of marijuana is absorbed in the sale thereof,
except when the seller is further apprehended in
possession of another quantity of the prohibited drugs
not covered by or included in the sale and which are
probably intended for some future dealings or use by
the seller.

Mere consummation of the selling transaction


required Payment for drugs delivered is not a requisite for
conviction [Pp vs. Angeles, 209 SCRA 799].
Even without money to buy the dangerous drug, so long as the
police officer went thru the motion as a buyer and his offer was
accepted and the drug was delivered, the crime was
consummated by the delivery of goods [Pp vs. Lakibul, 217
SCRA 575; Pp vs. Dela Cruz, 224 SCRA 468].

Proof of transaction and presentation of corpus


delicti necessary The drug sold by the accused constitutes the
very corpus delicti of the crime charged. The existence of the
dangerous drug is sine qua non for conviction. Further, the
presentation and positive identification of the same before the
Court are indispensable requirements for conviction. [Pp vs.
Labarias, 217 SCRA 483; Pp vs. Pacleb, 217 SCRA 92; Pp vs.
Mendiola 235 SCRA 116; Pp vs. Gesmundo, 219 SCRA 743; Pp
vs. Rigodon, 238 SCRA 27; Pp vs. Quintero, 238 SCRA 173]

Drug pushing can be done in any place, anytime, even


to strangers It is a well-established judicial rule that what
matters in a drug-related case is not the familiarity between the
seller and the buyer but their agreement and the acts
constituting the sale and delivery of drugs [Pp vs. Gonzales, 230
SCRA 29; Pp vs. Quejada, 223 SCRA 77; Pp. vs. Marcelino,
224 SCRA 770]. The Supreme Court had also stressed that the
sale is committed once a sale transaction was consummated
and that the presence of actual money consideration is not
indispensable for the existence of the offense [Pp vs. Fabian,
G.R. No. 83329. December 10, 1991].
Drug pushing is a crime that maybe done anytime and any
place [Pp vs. David, 230 SCRA 54; Pp vs. Velasco, 252 SCRA
135; Pp vs. Roldan, 224 SCRA 536]. In fact, the Supreme Court
sustained conviction of drug pushers caught selling dangerous
drugs in a billiard hall, in front of a store, along a street, and in
front of a house [Pp vs. Simbulan, 214 SCRA 537].

That the contraband failed to reach its final


destination
would
not
preclude
the
commission of the crime of transporting illegal
drugs; the fact of actual conveyance would suffice
to support the finding of guilt [Pp vs. Gomez, G.R.
No. 101817. March 26, 1997].

LESSONS
LEARNED
Re- Acquittal of Accused
in

People vs. Kimura 428


SCRA 51

Facts of the Case


Buy-bust operation

Place of Arrest

:
:
:

Arresting Team

NARCOM North Metro


District Command

Type of Operation
Date of Arrest

27 June 1994
Cash and Carry Supermarket,
Makati City

Evidence Confiscated :

(40,768) grams of Indian


hemp

Violations Charged

RA 6425 (sale)

On 27 June 1997, the lower court (Makati City

RTC Branch 66) convicted the accused and


sentenced both of them to the penalty of
reclusion perpetua plus a fine of Five Hundred
Thousand Pesos (P500,000.00) each
On 27 April 2004, the Supreme Court granted

the appeal and acquitted both accused of the


crime charged

POINTS RAISED BY THE COURT


a. The alleged crime happened on 27 June
1994 and appellant Kimura was arrested
without warrant on 29 June 1994, thus,
his arrest does not fall under the
provisions of Section 5, Rule 113 of the
Revised Rules of Criminal Procedure.
However, the Court considered the said
contention waived, as the appellant
Kimura did not raise such question
before he pleaded to the offense
charged nor did he move to quash the
information before the trial court.

POINTS RAISED BY THE COURT


b. The prosecution has not proven the
indispensable element of corpus delicti of
the offense since there were doubts on
whether the marijuana presented in court
was the very same marijuana seized from
appellants:
i. That, the case records are extant with the
admissions made by the arresting officers of their
failure to place any markings on the seized
marijuana immediately after they had allegedly
apprehended appellants. Also, while the prosecution
showed that the investigator put initial markings, it
was not stated that said markings are made on the
date of arrest (27 June 1994).

POINTS RAISED BY THE COURT


ii. Although the sacks of marijuana were
marked, the contents of these sacks, however,
had no markings as the police officer intimated
that the contents of the sacks were only marked
when he brought the same to the PNP Crime
Laboratory on 29 June 2004.
iii. The police officers failed to comply with the
procedure in the custody of seized prohibited and
regulated drugs as embodied in DDB Regulation
No. 3, s. 1979 as amended by Board Regulation
No. 2. s. 1990

RECOMMENDATIONS
Sec. 21, Art. II, RA 9165 IRR states:
xxx
SEC. 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals,
Instruments/Paraphernalia
and/or
Laboratory
Equipment. The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs, controlled
precursors
and
essential
chemicals,
as
well
as
instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following
manner:
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,

RECOMMENDATIONS
a representative from the media and the Department of Justice,
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 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;
2) Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled
precursors
and
essential
chemicals,
as
well
as
instruments/paraphernalia and/or laboratory equipment, the same shall
be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination. x x x [emphasis supplied]

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

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

any person or group of persons


who shall maintain a den, dive
or resort where any dangerous
drug is used or sold in any form

life imprisonment to death and a


fine ranging from Five hundred
thousand pesos (P500,000.00) to
Ten
million
pesos
(P10,000,000.00)

any person or group of persons


who shall maintain a den, dive,
or resort where any controlled
precursor
and
essential
chemical is used or sold in any
form

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)

Financier/ when drug is sold to Maximum penalty


a minor/ if it causes proximate
death
Protector/coddler

twelve (12) years and one (1) day to


twenty (20) years of imprisonment
and a fine ranging from One
hundred
thousand
pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)

LESSONS
LEARNED

Re- Acquittal of Accused


in
Criminal Cases Nos. 04-2258-CFM, 042259-CFM, 04-2264-CFM and 042265-CFM

Facts of the Case


: Warrantless search and
warrantless arrest

Type of Operation

Date of Arrest

: 24 August 2004

Place of Arrest

: Pasay City (allegedly a

drug den)
SAIDSOTF (Pasay City)
Evidence Confiscated : Drug Paraphernalia
Violations Charged : Sec. 6 and 12, RA 9165
Arresting Team

Cases filed before Pasay City RTC

Branch 116 under the sala of


Honorable Judge Eleuterio F. Guerrero
Subject cases resulted in the
ACQUITTAL of all the accused upon the
Courts finding that evidence is
insufficient

RECOMMENDATIONS
The Court said that:
xxx
In order to sustain a conviction for the crime of
maintaining a drug den where dangerous drug is
being used, it is not only necessary that the person
accused be found in the place where the dangerous
drug is used in contravention with law, but such
place be a den, dive, or resort where any dangerous
drug and/or controlled precursor and essential
chemical is administered, delivered, stored for
illegal purposes, distributed or used in any form.
xxx
--

RA 9165
PROVISION

Sec. 7.
Employees
and Visitors
of a Den,
Dive or
Resort

UNLAWFUL ACT

PENALTIES PROVIDED

a) Any employee of a
den, dive or resort, who twelve (12) years and one
is aware of the nature of (1) day to twenty (20)
the place as such; and
years and a fine ranging
from
One
hundred
pesos
b) Any person who, not thousand
being included in the (P100,000.00) to Five
provisions of the next hundred thousand pesos
preceding paragraph, is (P500,000.00)
aware of the nature of
the place as such and
shall knowingly visit the
same

RA 9165
PROVISION
Sec. 8.
Manufacture of
Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals

UNLAWFUL ACT
manufacture
dangerous drug

of

PENALTIES PROVIDED
any life imprisonment to death and a fine
ranging from Five hundred thousand
pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

manufacture of any controlled twelve (12) years and one (1) day to
precursor
and
essential twenty (20) years and fine ranging
from One hundred thousand pesos
chemical
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
Financier

maximum penalty

Protector/ coddler

twelve (12) years and one (1) day to


twenty (20) years of imprisonment
and a fine ranging from One
hundred
thousand
pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)

Manufacture
The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such
terms do not include the preparation, compounding, packaging
or labeling of a drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.

RA 9165
PROVISION
Sec. 9. Illegal
Chemical
Diversion of
Controlled
Precursors and
Essential
Chemicals

UNLAWFUL ACT

PENALTIES PROVIDED

any person, who, unless authorized


by law, shall illegally divert any
controlled precursor and essential
chemical

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)

CHEMICAL DIVERSION
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 drugs, 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.
Covers Section 9 of Philippine Law

RA 9165
PROVISION
Sec. 10.
Manufacture or
Delivery of
Equipment,
Instrument,
Apparatus, and
Other
Paraphernalia
for Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals.

UNLAWFUL ACT

PENALTIES PROVIDED

any person who shall deliver, possess


with intent to deliver, or manufacture
with intent to deliver equipment,
instrument, apparatus and other
paraphernalia for dangerous drugs,
knowing, or under circumstances
where one reasonably should know,
that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture,
compound,
convert,
produce,
process, prepare, test, analyze, pack,
repack, store, contain or conceal any
dangerous drug and/or controlled
precursor and essential chemical in
violation of this Act

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)

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 10.
Manufacture or
Delivery of
Equipment,
Instrument,
Apparatus, and
Other
Paraphernalia
for Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals.

if it will be used to inject,


ingest, inhale or otherwise
introduce into the human
body a dangerous drug in
violation of this Act

six (6) months and one (1) day


to four (4) years and a fine
ranging from Ten thousand
pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)

anyone who uses a minor or Maximum penalty


a mentally incapacitated
individual to deliver such

RA 9165
PROVISION
Sec. 11.
Possession of
Dangerous
Drugs

UNLAWFUL ACT

PENALTIES PROVIDED

Possession of:
1) 10 grams or more of opium;
2) 10 grams or more of
life imprisonment to death
morphine;
and a fine ranging from Five
hundred thousand pesos
3) 10 grams or more of heroin;
(P500,000.00) to Ten million
4) 10 grams or more of cocaine pesos (P10,000,000.00)
or cocaine hydrochloride;
5) 50 grams or more of
methamphetamine
hydrochloride or shabu;
6) 10 grams or more of
marijuana resin or marijuana
resin oil;
7) 500 grams or more of
marijuana;

RA 9165
PROVISION

UNLAWFUL ACT

Sec. 11.
Possession of
Dangerous
Drugs

8) 10 grams or more of other


dangerous drugs such as, but not
limited
to,
methylenedioxymethamphetamine
(MDMA)
or
ecstasy,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine
(TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB),
and those similarly designed or
newly introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed
is
far
beyond
therapeutic
requirements,
as
determined and promulgated by the
Board in accordance to Section 93,
Article XI of this Act.

PENALTIES PROVIDED

life imprisonment to death and


a fine ranging from Five
hundred
thousand
pesos
(P500,000.00) to Ten million
pesos (P10,000,000.00)

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 11.
Possession of
Dangerous
Drugs

(5) grams or more but less than ten


(10) grams of opium, morphine,
heroin,
cocaine
or
cocaine
hydrochloride,
marijuana
resin,
marijuana
resin
oil,
methamphetamine hydrochloride or
shabu, or dangerous drugs such
as,
but
not
limited
to,
methylenedioxymethamphetamine
(MDMA)
or
ecstasy,
paramethoxyamphetamine
(PMA),
trimethoxyamphetamine
(TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB), and
those similarly designed or newly
introduced
drugs
and
their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or three hundred (300)
grams or more but less than five
hundred (500) grams of marijuana

twenty (20) years and one


(1) day to life imprisonment
and a fine ranging from Four
hundred thousand pesos
(P400,000.00)
to
Five
hundred thousand pesos
(P500,000.00)

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 11.
Possession of
Dangerous
Drugs

less than five (5) grams of opium,


morphine, heroin, cocaine or cocaine
hydrochloride,
marijuana
resin,
marijuana
resin
oil,
methamphetamine hydrochloride or
shabu, or dangerous drugs such
as,
but
not
limited
to,
methylenedioxymethamphetamine
(MDMA)
or
ecstasy,
paramethoxyamphetamine
(PMA),
trimethoxyamphetamine
(TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB), and
those similarly designed or newly
introduced
drugs
and
their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or less than three
hundred (300) grams of marijuana

twelve (12) years and one


(1) day to twenty (20) years
and a fine ranging from
Three hundred thousand
pesos (P300,000.00) to Four
hundred thousand pesos
(P400,000.00)

RA 9165
PROVISION
Sec. 11.
Possession of
Dangerous
Drugs

UNLAWFUL ACT

PENALTIES
PROVIDED

Methamphetamine hydrochloride or Life imprisonment and a


shabu is ten (10) grams or more but fine ranging from Four
less than fifty (50) grams
hundred thousand pesos
(P400,000.00) to Five
hundred thousand pesos
(P500,000.00)

a)

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].

b) Animus possidendi Mere possession of drug


does not constitute illegal possession of said drug. What the
law penalizes is the unauthorized possession, either actual
or constructive, of drug, irrespective of its quantity, with
intent to possess, cum animus possidendi, i.e., with full
knowledge that what was possessed was a dangerous drug
[U.S. vs. Juan, 23 Phil 105; U.S. vs. Gan Lian Po, 34 Phil
880; Pp vs. Say Guat (CA) 52 O.G. 5913].

Requirements in a prosecution for illegal possession of


dangerous drugs. In a prosecution for illegal possession
of dangerous drugs, it is enough to show that, (1) the
accused is in possession of an item or an object identified
to be a prohibited or a regulated drug; (2) such
possession is not authorized by law; and (3) the accused
has freely and consciously possessed the prohibited
drug. xxx. Appellant was caught in flagrante delicto selling
xxx shabu xxx. He was promptly arrested and taken into
custody after being informed of his constitutional rights.
Clearly, all the elements of the sale of illegal drugs were
established. (People vs. LI KA KIM alias ED, G.R. No.
148586, May 25, 2004)

ONE + ONE = 6
TWO + ONE = 6
THREE + ONE = 8
THREE + TWO = 8
FOUR + THREE = 9
FOUR + ONE = ___________
EIGHT + FOUR = ___________
NINE + EIGHT = 9
EIGHT + THREE = 10
THREE + TWENTY FIVE = 15

RA 9165
PROVISION
Sec. 12.
Possession of
Equipment,
Instrument,
Apparatus and
Other
Paraphernalia
for Dangerous
Drugs

UNLAWFUL ACT

PENALTIES
PROVIDED

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:
Provided, That in the case of medical
practitioners and various professionals
who are required to carry such
equipment, instrument, apparatus and
other paraphernalia in the practice of
their profession, the Board shall
prescribe the necessary implementing
guidelines thereof

six (6) months and one (1)


day to four (4) years and a
fine ranging from Ten
thousand
pesos
(P10,000.00)
to
Fifty
thousand
pesos
(P50,000.00)

LESSONS
LEARNED

Re- Acquittal of Accused


in
Criminal Cases Nos. 04-2258-CFM, 042259-CFM, 04-2264-CFM and 042265-CFM

Facts of the Case


: Warrantless search and
warrantless arrest

Type of Operation

Date of Arrest

: 24 August 2004

Place of Arrest

: Pasay City (allegedly a

drug den)
SAIDSOTF (Pasay City)
Evidence Confiscated : Drug Paraphernalia
Violations Charged : Sec. 6 and 12, RA 9165
Arresting Team

Cases filed before Pasay City RTC

Branch 116 under the sala of


Honorable Judge Eleuterio F. Guerrero
Subject cases resulted in the
ACQUITTAL of all the accused upon the
Courts finding that evidence is
insufficient

POINTS RAISED BY THE COURT


a. No arrangement was made between the
barangay official (who gave the information)
and the arresting unit as the latter proceeded
on their own without the latters assistance;
b. The arresting unit entered the fenced
premises of the house without being armed
with any search warrant and without any
personal knowledge that a crime was
committed, is to be committed or has just
been committed;

POINTS RAISED BY THE COURT


c. There were no efforts by the arresting team to
verify the truthfulness of the telephone call
reporting the occurrence of a pot session;
d. The members of the arresting team allegedly
observed the room, but the door of the subject
room was closed and the police witness admitted
that one had to knock or otherwise force or break
open the door before anyone could enter. They
further admitted that they are aware that police
officers are not allowed to enter any house or
dwelling without the consent of the owner. NO such
consent from the owner was secured or even
asked.

POINTS RAISED BY THE COURT


e. The accused were merely seen by the police
officers sitting beside each other at the edge of the
bed inside the room and were not caught in the act
of using dangerous drugs. The arresting officer even
admitted that the accused were arrested on mere
suspicion that they were engaged in pot session, but
were not actually seen to be engaged in any pot
session.
f. The paraphernalia involved have not been proven to
have been recovered personally from the accused
therein, but onthe floor of the said room nor was it
proven fit for smoking,consuming, administering,
ingesting, or introducing any dangerous drugs.

RECOMMENDATIONS
In possession of dangerous drug

paraphernalia, the paraphernalia


recovered must be proven to
personally belong to the accused
and must be established to be fit for
smoking, consuming, administering,
injecting, ingesting, or introducing
any dangerous drug into the body.

The prosecutions evidence showed that at


around 9:30 p.m. of May 20, 2003, the Pasig City Police
received a tip from an asset that one Ariel was
rampantly selling illegal drugs in Bagong Ilog, Pasig City.
A buy-bust team was immediately formed in coordination
with the Philippine Drug Enforcement Agency. The buybust money, which consisted of two (2) 100 peso bills,
was prepared and marked with the symbol, 3L. PO2
Lemuel Lagunay Laro was designated to act as the
poseur-buyer.

People vs. ALIVIO, GR No. 177771, May 30, 2011

Together with SPO3 Lemuel Matias and PO1 Allan Mapula,


PO2 Laro and the asset went to the house of Ariel. While the
rest of the buy-bust team strategically positioned themselves
at the target area, PO2 Laro and the asset met Ariel. The
asset introduced PO2 Laro to Ariel who was later on identified
as Alivio. The asset told Alivio that they wanted to buy shabu.
Alivio asked how much they wanted to buy, to which the asset
replied: dalawang daan lang pre at saka puwede kaming
gumamit dyan? The two were ushered into the second floor
of the house where they saw dela Vega seated in front of a
table with drug paraphernalia. PO2 Laro then gave the buybust money to Alivio who handed it to Dela Vega. The latter
then took out from his pocket one plastic sachet of shabu

which he gave to Alivio who handed it to PO2 Laro.


People vs. ALIVIO, GR No. 177771, May 30, 2011

After the exchange, PO2 Laro introduced himself as a


police officer and arrested Alivio and Dela Vega. The
asset made a signal for the buy-bust team to come
inside the house. SPO3 Matias searched Dela Vega
and found him in possession of one plastic sachet of
shabu. The buy-bust team also retrieved the drug
paraphernalia on top of the table, which paraphernalia
they correspondingly marked. The buy-bust team took
Alivio, Dela Vega and the confiscated items to the police
station for investigation. Afterwards, the confiscated
items were taken by PO1 Mapula to the PNP Crime
Laboratory for examination. The two (2) plastic sachets
tested positive for shabu.
People vs. ALIVIO, GR No. 177771, May 30, 2011

In the same vein, it cannot be denied that on the


occasion of her arrest for having been caught in flagrante delicto
selling shabu, a plastic bag was also recovered in her
possession containing the following drug paraphernalia, to wit:
14 pieces of unused transparent plastic sachets, three
disposable lighters, an improvised tooter and five strips of
aluminum foil. Possession of the same was in clear violation of
Section 12, Article II of Republic Act No. 9165.
It bears stressing that violation of Section 12, Article II of
Republic Act No. 9165 was already consummated the moment
appellant was found in possession of the said articles without the
necessary license or prescription. What is primordial is the
proof of the illegal drugs and paraphernalia recovered from
the petitioner.[51]
[51]
Arcilla v. Court of Appeals, 463 Phil. 914, 926 (2003).
People vs. Villahermosa, GR No. 186465, June 1, 2011

RA 9165
PROVISION
Sec. 13.
Possession of
Dangerous
Drugs During
Social
Gatherings or
Meetings.

UNLAWFUL ACT

PENALTIES
PROVIDED

possessing any dangerous drug during Maximum penalty


a party, or at a social gathering or
meeting, or in the proximate company
of at least two (2) persons regardless
of the quantity and purity of the
dangerous drugs and regardless of
whether the person was dispensing,
pushing, or selling the dangerous drug
to other persons

The essential requisites to establish illegal possession


of dangerous drugs are: (i) the accused was in
possession of the dangerous drug, (ii) such possession
is not authorized by law, and (iii) the accused freely and
consciously possessed the dangerous drug.25
Additionally, this being a case for violation of Section 13
of R.A. No. 9165, an additional element of the crime is
(iv) the possession of the dangerous drug must have
occurred during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2)
persons.
People vs. Martinez, 637 SCRA 791 (2010)

RA 9165
PROVISION
Sec. 14.
Possession of
Equipment,
Instrument,
Apparatus and
Other
Paraphernalia
for Dangerous
Drugs During
Parties, Social
Gatherings

UNLAWFUL ACT

PENALTIES
PROVIDED

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

maximum
penalty
provided for in Section 12
of this Act (four years and
P50,000.00 pesos fine)

RA 9165
PROVISION
Sec. 15. Use of
Dangerous
Drugs

UNLAWFUL ACT

PENALTIES
PROVIDED

person apprehended or arrested, who six


(6)
months
is found to be positive for use of any rehabilitation
in
a
dangerous drug, after a confirmatory government center
test (first offense) this Section shall not
be applicable where the person tested
is also found to have in his/her
possession such quantity of any
dangerous drug provided for under
Section 1 of this Act, in which case the
provisions stated therein shall apply
second offense

six (6) years and one (1)


day to twelve (12) years
and a fine ranging from
Fifty
thousand
pesos
(P50,000.00)
to
Two
hundred thousand pesos
(P200,000.00)

Cross-Section of a Drug Affected Human Brain

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

Sec. 16.
Cultivation or
Culture of Plants
Classified as
Dangerous
Drugs or Are
Sources Thereof

any person who shall plant, cultivate or


culture marijuana, opium poppy or any
other plant regardless of quantity, which
is or may hereafter be classified as a
dangerous drug or as a source from
which any dangerous drug may be
manufactured or derived in the case of
medical laboratories and medical
research centers which cultivate or
culture marijuana, opium poppy and
other plants, or materials of dangerous
drugs for medical experiments and
research purposes, or for the creation
of new types of medicine, the Board
shall
prescribe
the
necessary
implementing guidelines for the proper
cultivation,
culture,
handling,
experimentation and disposal of such
plants and materials

life imprisonment to death


and a fine ranging from
Five hundred thousand
pesos (P500,000.00) to
Ten
million
pesos
(P10,000,000.00)

financier

maximum penalty

RA 9165
PROVISION

UNLAWFUL ACT

Sec. 16.
protector/ coddler
Cultivation or
Culture of Plants
Classified as
Dangerous
Drugs or Are
Sources Thereof

PENALTIES
PROVIDED
twelve (12) years and one (1)
day to twenty (20) years of
imprisonment and a fine
ranging from One hundred
thousand
pesos
(P100,000.00)
to
Five
hundred thousand pesos
(P500,000.00)

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

Sec. 17.
Maintenance and
Keeping of
Original Records
of Transactions
on Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals

any
practitioner,
manufacturer,
wholesaler, importer, distributor, dealer
or retailer who violates or fails to comply
with the maintenance and keeping of
the original records of transactions on
any dangerous drug and/or controlled
precursor and essential chemical in
accordance with Section 40 of this Act

one (1) year and one (1)


day to six (6) years and a
fine ranging from Ten
thousand
pesos
(P10,000.00)
to
Fifty
thousand
pesos
(P50,000.00)
revocation of the license to
practice his/her profession,
in case of a practitioner, or
of the business, in case of
a manufacturer, seller,
importer, distributor, dealer
or retailer

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

Sec. 18.
Unnecessary
Prescription of
Dangerous
Drugs

practitioner, who shall prescribe any


dangerous drug to any person whose
physical or physiological condition
does not require the use or in the
dosage
prescribed
therein,
as
determined
by
the
Board
in
consultation
with
recognized
competent
experts
who
are
authorized
representatives
of
professional
organizations
of
practitioners, particularly those who
are involved in the care of persons
with severe pain

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)
and
the
additional
penalty of the revocation
of his/her license to
practice

Sec. 19.
Unlawful
Prescription of
Dangerous
Drugs.

any person, who, unless authorized


by law, shall make or issue a
prescription or any other writing
purporting to be a prescription for any
dangerous drug

life imprisonment to
death and a fine ranging
from
Five
hundred
thousand
pesos
(P500,000.00) to Ten
Million
pesos
(P10,000,000.00)

RA 9165
PROVISION
Sec. 26.
Attempt or
Conspiracy

UNLAWFUL ACT

PENALTIES
PROVIDED

Any attempt or conspiracy to commit the same penalty prescribed


following unlawful acts:
for the commission of the

same as provided under


a) Importation of dangerous drugs this Act

and/or controlled precursors and essential


chemicals; [Section 4]

b) Sale, administration, dispensation,


delivery, distribution and transportation of
dangerous
drugs
and/or controlled
precursors and essential chemicals;
[Section 5]
c) Maintenance of a den, dive or resort
where any dangerous drug is used in any
form; [Section 6]
d) Manufacture of dangerous drugs
and/or controlled precursors and essential
chemicals; [Section 8] and
e) Cultivation or culture of plants which
are sources of dangerous drugs. [Section
16]

ATTEMPT
The attempt to sell drugs may be established by overt acts
showing that the accused knowingly commenced the
commission of the crime. [I]n a prosecution for the sale of
dangerous drugs, it is material and indispensable (1) to prove
that the accused sold and delivered the prohibited drug to
another, as well as to present in court the corpus delicti as
evidence; and (2) to prove that the accused knew that what
was sold and delivered was a dangerous drug. The attempt to
sell the drug may be established by overt acts showing that the
accused knowingly commenced the commission of the crime.
(People vs. Balag-ey, et. al., G.R. No. 141532, April 14, 2004)
--

ATTEMPT
Criminal Case No. 06-017
That on or about the 17th day of December, 2005, in the Municipality of
Binangonan, Province of Rizal, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, not being authorized
by law to sell any dangerous drug, did then and there willfully,
unlawfully, and knowingly attempt to sell, deliver, and give away shabu
to PO1 Angelito G. Reyes, 0.04 gram of white crystalline substance
contained in two (2) heat-sealed transparent plastic sachets which were
found positive to the test for Methylamphetamine Hydrochloride, also
known as shabu, a dangerous drug, thus commencing the commission
of the crime of illegal sale but did not perform all the acts of execution
which would produce such crime by reason of some cause or accident
other than the accuseds own spontaneous desistance, that is, said
PO1 Angelito G. Reyes introduced himself as policeman, arrested the
accused and confiscated the two (2) above-mentioned sachets from the
latter.
CONTRARY TO LAW.5

ATTEMPT

ATTEMPT

ATTEMPT
Here, appellant intended to sell shabu and commenced by
overt acts the commission of the intended crime by showing
the substance to PO1 Reyes and PO1 Pastor.12 The sale
was aborted when the police officers identified themselves
and placed appellant and Ritwal under arrest. From the
testimonies of the witnesses, the prosecution was able to
establish that there was an attempt to sell shabu. In
addition, the plastic sachets were presented in court as
evidence of corpus delicti. Thus, the elements of the crime
charged were sufficiently established by evidence.
People vs LAYLO, GR No. 192235, July 6, 2011

CONSPIRACY
Conspiracy arises when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
Conspiracy is deemed to arise when two or more
persons come to an agreement concerning the
commission of a felony and decide to commit it.
Conspiracy is not presumed. Like the physical acts
constituting the crime itself, the elements of
conspiracy must be proven beyond reasonable doubt.
(People vs. Rose Yu, G.R. No. 155030, May 18,
2004)--

CONSPIRACY
Conspiracy may be inferred from the conduct of the
accused before, during and after the commission of the
crime, and does not need to be established by direct
evidence. Conspiracy need not be established by direct
evidence, for it may be inferred from the conduct of the
accused before, during and after the commission of the crime,
all taken together. However, the evidence therefore must
reasonably be strong enough to show a community of criminal
design. In the case at bar, appellant was not a passive
spectator who was mistakenly implicated of committing a
crime. She definitely took an active participation in the sale of
the shabu. She was positively identified as the driver of the
Honda Accord who conversed and gave instructions to
accused Ferdie regarding the transaction.

CONSPIRACY
An accepted badge of conspiracy is when the accused by
their acts aimed at the same object, and their acts though
apparently independent, were in fact concerted and
cooperative, indicating concurrence of sentiments. An
accepted badge of conspiracy is when the accused by their
acts aimed at the same object, one performing one part and
another performing another so as to complete it with a view to
the attainment of the same object, and their acts though
apparently independent were in fact concerted and
cooperative, indicating closeness of personal association,
concerted action and concurrence of sentiments. The instant
case clearly demonstrates this principle.

CONSPIRACY
In this regard, our ruling in Bahilidad v. People is instructive:
There is conspiracy when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Conspiracy is not presumed. Like the physical acts constituting the crime
itself, the elements of conspiracy must be proven beyond reasonable
doubt. While conspiracy need not be established by direct evidence, for it
may be inferred from the conduct of the accused before, during and after
the commission of the crime, all taken together, however, the evidence
must be strong enough to show the community of criminal design. For
conspiracy to exist, it is essential that there must be a conscious design to
commit an offense. Conspiracy is the product of intentionality on the part of
the cohorts.
San Juan vs People (May 30, 2011)

CONSPIRACY
It is necessary that a conspirator should have performed some
overt act as a direct or indirect contribution to the execution of
the crime committed. The overt act may consist of active
participation in the actual commission of the crime itself, or it
may consist of moral assistance to his co-conspirators by
being present at the commission of the crime or by exerting
moral ascendancy over the other co-conspirators. Hence, the
mere presence of an accused at the discussion of a
conspiracy, even approval of it, without any active participation
in the same, is not enough for purposes of conviction.

San Juan vs People (May 30, 2011)

CONSPIRACY
It bears stressing that conspiracy requires the same degree of
proof required to establish the crime proof beyond
reasonable doubt. Thus, mere presence at the scene of the
crime at the time of its commission without proof of
cooperation or agreement to cooperate is not enough to
constitute one a party to a conspiracy.

San Juan vs People (May 30, 2011)

RA 9165 PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

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,
Controlled Precursors
and Essential Chemicals,
Instruments/Paraphernali
a and/or Laboratory
Equipment Including the
Proceeds or Properties
Obtained from the
Unlawful Act Committed.

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

Life imprisonment to
death plus fine of
P500,000.00
to
P10,000,000.00
Removal from office
and
perpetual
disqualification
from
holding any elective or
appointive positions in
the government

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 28. Criminal If


violators
are maximum penalties of
Liability of
government officials or the
unlawful
acts
Government
employees
provided for in this Act in
Officials and
addition to absolute
Employees
perpetual disqualification
from any public office
Sec. 29. Criminal Planting of evidence
Death penalty
Liability for
Regardless of quantity or
Planting of
purity
Evidence

RA 9165
PROVISION
Sec. 30. Criminal
Liability of
Officers of
Partnerships,
Corporations,
Associations or
Other Juridical
Entities

UNLAWFUL ACT

PENALTIES
PROVIDED

partner,
president,
director, Penalty provided for the
manager,
trustee,
estate offense
administrator, or officer who
knowingly authorizes, tolerates or
consents to the use of a vehicle,
vessel, aircraft, equipment or other
facility, as an instrument in the
importation, sale, administration,
dispensation, delivery, distribution,
transportation or manufacture of
dangerous drugs, or chemical
diversion, if such vehicle, vessel,
aircraft,
equipment
or
other
instrument is owned by or under the
control or supervision of the
partnership,
corporation,
association or juridical entity to
which they are affiliated

RA 9165
PROVISION

Sec. 31.
Additional
Penalty if
Offender is an
Alien

UNLAWFUL ACT

PENALTIES PROVIDED

any alien who violates after service of sentence,


such provisions of this shall
be
deported
Act
immediately without further
proceedings, unless the
penalty is death

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 32. Liability


to a Person
Violating Any
Regulation
Issued by the
Board

any
person
found
violating any regulation
duly issued by the
Board pursuant to this
Act

six (6) months and one (1)


day to four (4) years and a
fine ranging from Ten
thousand
pesos
(P10,000.00)
to
Fifty
thousand
pesos
(P50,000.00) in addition to
the administrative sanctions
imposed by the Board

RA 9165
PROVISION

Sec. 35.
Accessory
Penalties

UNLAWFUL ACT

PENALTIES PROVIDED

person
convicted disqualified to exercise
his/her civil rights such as
under this Act
but not limited to:

the rights of parental


authority
rights of guardianship,
either as to the person or
property of any ward
the rights to dispose of
such property by any act or
any conveyance inter vivos,
and
political rights such as but
not limited to, the right to
vote and be voted for

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

Sec. 37. Issuance


of False or
Fraudulent Drug
Test Results

Any person authorized,


licensed or accredited
under this Act and its
implementing rules to
conduct
drug
examination or test, who
issues false or fraudulent
drug
test
results
knowingly, willfully or
through gross negligence

six (6) years and one (1)


day to twelve (12) years
and a fine ranging from
One hundred thousand
pesos (P100,000.00) to
Five hundred thousand
pesos (P500,000.00)
revocation of the license to
practice his/her profession
in case of a practitioner,
and the closure of the drug
testing center.

RA 9165
PROVISION

UNLAWFUL ACT

PENALTIES PROVIDED

SEC. 72. Liability


of a Person Who
Violates the
Confidentiality of
Records.

any person who, having


official custody of or access
to the confidential records of
any drug dependent under
voluntary
submission
programs, or anyone who,
having gained possession of
said
records,
whether
lawfully or not, reveals their
content to any person other
than those charged

six (6) months and one (1)


day to six (6) years and a
fine ranging from One
thousand
pesos
(P1,000.00)
to
Six
thousand
pesos
(P6,000.00)

if offender is a government Maximum penalty (6yrs


and P6,000.00 pesos fine)
official or employee
in addition to absolute
perpetual disqualification
from any public office

RA 9165 PROVISION
SEC. 73. Liability of a
Parent, Spouse or
Guardian Who Refuses
to Cooperate with the
Board or any
Concerned Agency

UNLAWFUL ACT

PENALTIES
PROVIDED

Any parent, spouse or may be cited for contempt


guardian who, without valid by the court
reason,
refuses
to
cooperate with the Board or
any concerned agency in
the
treatment
and
rehabilitation of a drug
dependent

RA 9165 PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

SEC. 91. Responsibility


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

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

not less than twelve (12)


years and one day to
twenty years and a fine of
not
less
than
Five
hundred thousand pesos
(P500,000.00), in addition
to
the
administrative
liability he/she may be
meted out by his/her
immediate
superior
and/or appropriate body.

RA 9165 PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

SEC. 91. Responsibility


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

immediate superior of the


member
of
the
law
enforcement agency or any
other government employee
mentioned in the preceding
paragraph

not less than two (2)


months and one (1) day
but not more than six (6)
years and a fine of not
less than Ten thousand
pesos (P10,000.00) but
not more than Fifty
thousand
pesos
(P50,000.00)
and
in
addition,
perpetual
absolute disqualification
from public office if
despite due notice to
them and to the witness
concerned, the former
does not exert reasonable
effort to present the latter
to the court

RA 9165 PROVISION

UNLAWFUL ACT

PENALTIES
PROVIDED

SEC. 92. Delay and


Bungling in the
Prosecution of Drug
Cases

Any government officer


or employee tasked with
the prosecution of drugrelated 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

twelve (12) years and


one (1) day to twenty
(20) years without
prejudice to his/her
prosecution under the
pertinent provisions of
the Revised Penal
Code