RA 9165 Quick Reviewer of Unlawful Acts

RA 7659 Quick Reviewer of the Unlawful Acts (Art II) 1

CRIME ACTS CIRCUMSTANCESSec 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

import or bring into the Philippines any dangerous drugs, regardless of quantity and purity involved, including opium poppy or any part thereof even for floral, decorative or culinary purpose (life imprisonment-death; P500k-10M) import any controlled precursor or essential chemicalUNLESS AUTHORIZED BY LAW

AGGRAVATING1. import/bring through the use of

diplomatic passport, diplomatic facilities and any other means involving his/her official status

2. organizes, manages or acts as a financier of any of the illegal activities

12YRS & 1 DAY-20YRS; FINE P100K-500K

1. any person who acts as a protector/coddler

**FINANCIER: pays for, raises or supplies money for**PROTECTOR/CODDLER: knowingly and willfully consents to the unlawful acts; uses influence, power, position in shielding, harboring, screening or facilitating the escape

Sec 5. Sale, trading, administration, dispensation, distribution and transportation

sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug or act as broker UNLESS AUTHORIZED BY LAW sell, trade, administer…any controlled precursor and essential chemical or act as a broker UNLESS AUTHORIZED BY LAW

AGGRAVATING1. Sale is done within 100m from

the school2. Drug pushers who use minors or

mentally incapacitated individuals as runners, couriers and messengers or in any capacity directly connected to the drugs

3. Victim of the offense is a minor or a mentally incapacitated person or should a DD/CPEC be the proximate cause of the death of a victim

4. Person who organizes, manages or acts as a financier

Sec 6. Maintenance of a Den, Dive or Resort

maintain a den, dive or resort where any DD is used in any formmaintain a den, dive or resort where any CPEC is used or sold

AGGRAVATING1. Any DD is administered,

delivered or sold to a minor who is allowed to use the same in such place

2. financierOTHERS DD be the proximate cause of the death of a person using the same in such den, dive, resort maintainer, owner and/or operator protector/coddler**If the den, dive or resort is owned by a third person, it shall be confiscated in favor of the government, provided that the information alleges that such place is intentionally used in the furtherance of the crime; owner shall be included as an accused

Sec 8 Manufacture of DD and/or CPEC

manufacture any of the DD & CPEC UNLESS AUTHORIZED BY LAW-presence of any CPEC or laboratory equipment is prima facie proof of manufacture

AGGRAVATING1. manufacturing process was

conducted in the presence or with the help of minors

2. manufacturing was done within 100m of a residential, business,

Diane Steffi T. Guillamon, Juris Doctor ‘15

church or school premises3. clandestine laboratory was

secured/protected with booby traps

4. clandestine laboratory was concealed with legitimate business operations

5. employment of a practitioner, chemical engineer, public official, foreigner

6. financierOTHERSprotector/coddler

Sec. 9 Illegal Chemical diversion of CPEC

illegally divert any CPEC UNLESS AUTHORIZED BY LAW

Sec. 10 Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia

deliver, possess with intent to deliver, manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, etc. any CPEC it (equipment, etc) will be used to inject, ingest, inhale or introduce into the body a DD

AGGRAVATING1. any person who uses a minor or mentally incapacitated individual to deliver such equipment, etc.

Sec 11 Possession of DD

possession of any DD in the ff. quantities: opium: 10g +; morphine: 10g +; heroin 10g +; cocaine or cocaine hydrochloride or shabu 50g +; marijuana resin or resin oil 10g +; marijuana 500g +; ecstasy etc 10g +

AGGRAVATING1. Sec 13: possession of DD during

parties, social gatherings, meetings or in the proximate company of at least 2 persons

2. Sec 14: possession of equipment during parties, gatherings or meetings or in the proximate company of at least 2 persons

Sec 12 Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for DD

possess or have under his/her control for smoking, consuming, administering, injecting, ingesting, introducing any DD into the body**medical practitioners and various professionals who are required to carry them shall abide by the guidelines set by the Board**possession of equipment=prima facie evidence that the possessor has used a DD in violation of Sec 15

Sec 15 Use of DD a person apprehended/arrested, who is found to be positive for use of any DD, after confirmatory test**not applicable where the person tested is also found to have in his/her possession same quantity of any DD; it shall fall under Sec 11 (possession)

Sec 16 Cultivation/culture of plants classified as DD or are sources

any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is classified as DD or source thereof**Medical labs & research centers who cultivate for medical experiments and research shall abide by the guidelines set forth by the Board**The land, portions or greenhouses used

AGGRAVATING1. land involved is part of the public

domain2. any person who acts as a

financier of any of the illegal activities described herein

OTHERS protector/coddles



therefor shall be confiscated in favor of the State, unless the owner can prove lack of knowledge

Sec 17 Maintenance and Keeping of Original Records of Transactions on DD CPEC

practitioner, manufacturer, wholesaler, importer, distributor, dealer, retailer violates/fails to comply with the maintenance and keeping of original records of transactions on any DD CPEC**additional penalty: revocation of license to practice or of the business

Sec 18 Unnecessary Prescription of DD

prescribe any DD to any person whose physical/physiological condition does not require the use or in the dosage prescribed**additional penalty: revocation of license

Sec 19 Unlawful Prescription of DD

make or issue an prescription or any writing purporting to be a prescription for any DD UNLESS AUTHORIZED BY LAW

Sec 20 Confiscation & Forfeiture of Proceeds or Instruments of the Unlawful Act, including Properties & Proceeds derived from the illegal trafficking

every penalty imposed shall carry with it the confiscation and forfeiture in favor of the government of all the proceeds and properties derived from the unlawful act**money and other assets, instruments or tools unless they are properties of third parties not liable for the unlawful act**those which are not of a lawful commerce, even when owned by a third person, shall be ordered destroyed

Procedure:1. After conviction, RTC shall

schedule a hearing for the confiscation.

2. During the pendency of the case, no property, income derived therefrom shall be disposed, alienated, transferred.

3. The proceeds shall be used to pay all proper expenses incurred in the proceedings of confiscation and the expenses for publication and court costs. The excess shall accrue to the Board.

Sec 21. Custody and Disposition of Confiscated, Seized and/or Surrendered DD, Plant Sources of DD, CPEC, Instruments or Laboratory Equipment

**see Boado discussion

Sec. 22 Grant of Compensation, Reward, Award

for providing information and to law enforcers for participating in the operation

Sec 23 Plea-bargaining

Not applicable under this law

Sec 24 Probation Law

any person convicted for drug trafficking or pushing cannot avail of Probation Law

Sec 25 Crime by an Offender under the Influence of DD

QUALIFYING AGGRAVATING a positive finding for the use of dangerous drugs QA in the commission of a crime by the offender

Sec 26. Attempt or Conspiracy

Same penalties for-importation, sale, maintenance, manufacture, cultivation

Sec 27 Misappropriation, misapplication or failure to account for

**additional penalty of absolute perpetual disqualification from any public office**elective local/national officials who benefited from the proceeds: removal


the confiscated, seized/ surrendered DD, etc

from office & perpetual disqualification from holding any office

Sec 28 Criminal Liability of Govt Officials & employees

maximum penalties absolute perpetual disqualificationfor those guilty of unlawful acts

Sec 29 Planting Evidence

Death penaltyPlanting: willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any over or covert act, whatever quantity of DD and/or CPEC 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

Sec 30 Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities

partner, president, director, manager, trustee, estate administrator, or officer consents to or knowingly tolerates such violation co-principal toleration of the use of a vehicle, vessel, etc owned by the company in the importation, sale, trading, etc.

Sec 31 Alien **after service of sentence, he shall be deported without further proceedings unless penalty is death

Sec 32 Person violating any regulation issued by the Board

6months & 1 day-4 years; P10k-50k

Sec 33 Immunity who voluntarily gives information about any violation of Secs 4, 5, 6, 8, 10, 13, 16, as well as those committed by drug syndicates or any information leading to their identities and arrest who willingly testifies against such persons described above**with reference to which the information of testimony were given

Provided that:1. information and testimony are

necessary for conviction2. information and testimony are

not yet in the possession of the State

3. informant/witness has not been previously convicted for a crime involving moral turpitude, ecept when no other direct evidence available for the State

4. informant/witness shall comply any condition imposed by the State

**informant/witness who does not appear to be most guilty for the offense

Sec 34. Termination of the Grant of Immunity

when the information and/or testimony is false, malicious or made only for prejudicing the persons described thereininformant/witness fails or refuses to testify without just cause, and when lawfully obliged to do so; or violates any condition accompanying such immunity (may even be subject to contempt or criminal prosecution)

Sec 35 Accessory Penalties

disqualified to exercise civl rights-parental authority or guardianship



-rights to dispose properties or conveyance inter vivos-political rights (right to vote and be voted for)


Documents

RA 9165 Quick Reviewer of Unlawful Acts