TITLE V Flashcards
Republic Act No. 9165: Comprehensive Dangerous Drugs Act of 2002
(i) Punishable Acts
Acts punished by the Republic Act No. 6425
1. Importation of prohibited drugs;
2. Sale, administration, delivery, distribution and
transportation of prohibited drugs;
3. Maintenance of a den, dive or resort for prohibited drug
users;
4. Being employees and visitors of prohibited drug den;
5. Manufacture of prohibited drugs;
6. Possession or use of prohibited drugs;
7. Cultivation of plants which are sources of prohibited drugs;
8. Failure to comply with the provisions of the Act relative to
the keeping of records of prescriptions, sales, purchases,
acquisitions and/or deliveries of prohibited drugs;
9. Unlawful prescription of prohibited drugs;
10. Unnecessary prescription of prohibited drugs;
11. Possession of opium pipe and other paraphernalia for
prohibited drugs;
12. Unauthorized importation, manufacture, sale
administration, dispensation, delivery, transportation,
distribution, possession or use of regulated drugs, failure to
comply with the provisions of the Act relative to the keeping
of records of prescriptions, sales, purchases, acquisitions
and/or deliveries, unlawful prescription, unnecessary
prescription of regulated drugs, and maintenance of a den,
dive or resort for regulated drug users.
Who Are Liable
- ## Any person who commits any of the punishable acts listed abovePublic officials and employees involved in drug-related offenses (higher penalties apply)
- Government officials who misappropriate confiscated drugs
Those who conspire, assist, or induce others to commit drug-related offenses
Owners, administrators, and employees of establishments knowingly used for drug activities
Attempt or Conspiracy, Effect on Liability
Under Section 26, conspiracy to commit drug-related offenses (such as sale, trading, or cultivation of drugs) is punishable by the same penalty as the actual offense.
Attempt to commit illegal drug activities (except use) is also penalized with the same punishment.
Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs (Section 21, R.A. No. 9165)
The apprehending team must immediately conduct an inventory and photograph the seized drugs in the presence of:
- The accused or their representative
- A media representative
- A DOJ representative
- An elected public official
The confiscated drugs must be submitted to the Philippine Drug Enforcement Agency (PDEA) for proper disposition.
If proper procedure is not followed, it may result in inadmissibility of evidence, which could lead to the dismissal of the case.
Plea Bargaining
Under Section 23, plea bargaining is not allowed for drug offenses unless the prosecution consents and the trial court approves.
However, under the 2017 Supreme Court ruling in People v. Reafor, plea bargaining may be allowed in certain cases, particularly for low-quantity drug possession offenses.
Turnover to the Crime Laboratory
The seized drugs must be properly marked and submitted to a forensic laboratory for testing.
The forensic chemist must conduct qualitative and quantitative examination and issue a Certificate of Analysis.
Custody and Storage
The drugs must be securely stored at the PDEA forensic laboratory until presented in court.
Presentation as Evidence in Court
The prosecution must establish an unbroken chain of custody by presenting:
- The arresting officer
- The inventory report
- The forensic chemist’s testimony
If the chain of custody is broken, the drugs may be declared inadmissible evidence, leading to acquittal.
