U.P.

BOC CRIMINAL LAW II CRIMINAL LAW

SECTION 2. FRAUDS IN COMMERCE AND which is an integral part of this Act.

INDUSTRY [Sec. 3(j), RA 9165]
2. Controlled Precursors and Essential
c. Article 187 – Importation and Chemicals (CP & EC) - Include those
Disposition of Falsely Marked listed in Tables I and II of the 1988 UN
Articles or Merchandise Made of Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as
Gold, Silver, or other Precious enumerated in the attached annex, which
Metals or their Alloys is an integral part of this Act. [Sec. 3(h), RA
9165]
Elements: [Im-FaK]
1. Offender Imports, sells or disposes of any 3. Drug Syndicate - Any organized group of
of those articles or merchandise (i.e. gold, two (2) or more persons forming or joining
silver, other precious metals or their together with the intention of committing
alloys) any offense prescribed under this Act.
2. The stamps, brands, or marks of those [Sec. 3(o), RA 9165]
articles of merchandise Fail to indicate the
actual fineness or quality of said metals or 4. Financier - Any person who pays for,
alloys raises or supplies money for, or
3. Offender Knows of such failure to indicate underwrites any of the illegal activities
the actual fineness or quality of the metals prescribed under this Act. [Sec. 3(q), RA
or alloys 9165]
Article 187 does not apply to the manufacturer
5. Protector or Coddler - Any person who
of misbranded articles – he would be liable for
knowingly and willfully consents to the
estafa under Art. 315(2)(b). [REYES, Book 2]
unlawful acts provided for in this Act and
E. CRIMES RELATIVE TO OPIUM uses his/her influence, power or position in
AND OTHER PROHIBITED shielding, harboring, screening or
facilitating the escape of any person he/she
DRUGS [Arts. 190 to 194] knows, or has reasonable grounds to
believe on or suspects, has violated the
COMPREHENSIVE DANGEROUS DRUGS
provisions of this Act in order to prevent the
ACT OF 2002 (R.A. 9165, AS AMENDED BY
arrest, prosecution and conviction of the
RA 10640)
violator. [Sec. 3(ee), RA 9165]
NOTE: R.A. No. 9165, as amended by RA
6. Pusher - Any person who sells, trades,
10640 has repealed Book Two, Title V (Crimes
administers, dispenses, delivers or gives
Relative to Opium and Other Prohibited Drugs)
away to another, on any terms whatsoever,
of the RPC.
or distributes, dispatches in transit or
transports dangerous drugs or who acts as
Definition of Terms:
a broker in any of such transactions, in
1. Dangerous Drugs (DD) - Those listed in
violation of this Act. [Sec. 3(ff), RA 9165]
the schedules annexed to the:
a. 1961 Single Convention on Narcotic
ACTS PUNISHABLE UNDER RA 9165:
Drugs, as amended by the 1972
Protocol; and
b. 1971 Single Convention on 1. Sale, Trading, Administration,
Psychotropic Substances as Dispensation, Delivery, Distribution and
enumerated in the attached annex Transportation of Dangerous Drugs

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and/or Controlled Precursors and

himself/herself unless
Essential Chemicals [Sec. 5, RA 9165] administered by a duly
licensed practitioner for
Punishable Acts [ST-A-DiDeDi-T]: purposes of medication.
Acts Elements/Definition [Sec. 3(a), RA 9165]

Sale of DD There must be:

and/or ● Proof that the
CP/EC [PP] transaction or sale
took place; and
● Presentation in court
of the corpus delicti
or illicit drug as
evidence [People v. Dispensation Any act of giving away,
Turemutsa, G.R. No. selling or distributing
227497, (2019)] medicine or any
dangerous drug with or
Trading Transactions involving without the use of
the illegal trafficking of prescription. [Sec. 3(m),
dangerous drugs and/or RA 9165]
controlled precursors
and essential chemicals Delivery Any act of knowingly
using electronic passing a dangerous
devices such as, but not drug to another,
limited to, text messages, personally or otherwise,
email, mobile or and by any means, with
landlines, two-way or without consideration.
radios, internet, instant [Sec. 3(k), RA 9165]
messengers and chat
Distribution -
rooms or acting as a
Transportation
broker in any of such
transactions whether for
money or any other
consideration in violation NOTE: In the Illegal sale of DD and/or CP/EC,
of this Act. [Sec. 3(jj), RA presentation of the buy-bust money is not
9165] indispensable to the prosecution of a drug case
[People v. Martin, G.R. No. 193234, (2011)]
Administrating Any act of introducing
any dangerous drug Maximum Penalty is Imposed [100 - UVF]:
into the body of any a. If the illegal activities transpire within 100
person, with or without meters from a school [Sec. 5 (3), RA 9165];
his/her knowledge, by b. Using minors or mentally incapacitated
injection, inhalation, individuals as runners, couriers and
ingestion or other means, messengers, or in any other capacity
or of committing any act directly connected to the dangerous drugs
of indispensable and/or controlled precursors and essential
assistance to a person in chemical trade [Sec. 5 (4), RA 9165];
administering a c. If the Victim of the offense is a minor or a
dangerous drug to mentally incapacitated individual, or should
a dangerous drug and/or a controlled

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precursor and essential chemical involved Committed by a person apprehended or

in any offense herein provided be the arrested, who is found to be positive for use of
proximate cause of death of a victim any dangerous drug, after a confirmatory test
thereof [Sec. 5 (5), RA 9165]; [Sec. 15, RA 9165]
d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal NOTE: Section 15 shall not be applicable
activities. [Sec. 5 (6), RA 9165]; where the person tested is also found to have
in his/her possession such quantity of any
2. Possession of Dangerous Drugs [Sec. dangerous drug provided for under Section 11
11, RA 9165] of this Act (Possession of Dangerous Drugs),
in which case the provisions stated therein
Elements: [PNF] shall apply [id.]
a. The accused is in Possession of an item or
object, which is Identified to be prohibited Confirmatory Test
or regulated drug An analytical test using a device, tool or
b. Such possession is Not authorized by law; equipment with a different chemical or physical
and principle that is more specific which will
c. The accused Freely and consciously validate and confirm the result of the screening
possessed the drug [People v. Trinidad, test. [Sec. 3 (f), RA 9165]
G.R. No. 199898, (2014) citing People v.
Quiamanlon, G.R. No. 191198 (2011)] Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender
Constructive Possession Under the Influence of Dangerous Drugs
Exists when the drug is under the dominion and Notwithstanding the provisions of any law to
control of the accused or when he has the right the contrary, a positive finding for the use of
to exercise dominion and control over the place dangerous drugs shall be a qualifying
where it is found. [id.] aggravating circumstance in the commission of
a crime by an offender, and the application of
NOTE: Exclusive possession or control is not the penalty provided for in the Revised Penal
necessary. [id.] Code shall be applicable [Sec. 25, RA 9165]

Presumption of Possession OTHER PUNISHABLE ACTS:

When prohibited and regulated drugs are found 1. Importation of Dangerous Drugs and/or
in a house or other building belonging to and Controlled Precursors and Essential
occupied by a particular person, the Chemicals [Sec. 4, RA 9165]
presumption arises that such person is in 2. Maintenance of a Den, Dive or Resort.
possession of such drugs in violation of law, [Sec. 6, RA 9165]
and the fact of finding the same is sufficient to
convict [People v. Torres, G.R. No. 170837,
(2006)] Den, Dive or Resort
A place where any dangerous drug and/or
Possession is Absorbed in the Sale of DD controlled precursor and essential
Possession of prohibited or dangerous drugs is chemical is administered, delivered, stored
absorbed in the sale thereof [People v. for illegal purposes, distributed, sold or
Posada, G.R. No. 196052, (2015)] used in any form. [Sec. 3(l), RA 9165]

3. Use of Dangerous Drugs [Sec. 15, RA

9165]

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3. Employees and Visitors of a Den, Dive Presence of CP and/or EC as Prima Facie

or Resort. [Sec. 7, RA 9165] Evidence
The presence of any controlled precursor and
Acts Punished: [EV] essential chemical or laboratory equipment in
1. Employment in a den, dive or resort, by an the clandestine laboratory is a prima facie proof
employee who is aware of the nature of the of manufacture of any dangerous drug. [Sec.
place as such; and 8(3), RA 9165]
2. Visiting of any person, not being included
in (1), who is aware of the nature of the Aggravating Circumstances [Sec. 8(3), RA
place as such and shall knowingly visit the 9165]
same. If the clandestine laboratory is undertaken or
established under the following circumstances
Employee of a Den, Dive or Resort [M-100-BCE]:
The caretaker, helper, watchman, lookout, and a. Any phase of the manufacturing process
other persons working in the den, dive or was conducted in the presence or with the
resort, employed by the maintainer, owner help of Minor/s;
and/or operator where any dangerous drug b. Any phase or manufacturing process was
and/or controlled precursor and essential established or undertaken within one
chemical is administered, delivered, hundred (100) meters of a residential,
distributed, sold or used, with or without business, church or school premises;
compensation, in connection with the operation c. Any clandestine laboratory was secured or
thereof [Sec. 3(p), RA 9165] protected with Booby traps;
d. Any Clandestine laboratory was concealed
4. Manufacturing Dangerous Drugs and/or with legitimate business operations; or
Controlled Precursors and Essential e. Any Employment of a practitioner, chemical
Chemicals. [Sec. 8, RA 9165] engineer, public official or foreigner.

Manufacturing 5. Illegal Chemical Diversion of Controlled

The production, preparation, compounding or Precursors and Essential Chemicals.
processing of any DD and/or CP and EC, either [Sec. 9, RA 9165]
directly or indirectly or by extraction from
substances of natural origin, or independently Chemical Diversion
by means of chemical synthesis or by a The sale, distribution, supply or transport of
combination of extraction and chemical legitimately imported, in-transit, manufactured
synthesis, and shall include any packaging or or procured controlled precursors and essential
repackaging of such substances, design or chemicals, in diluted, mixtures or in
configuration of its form, or labeling or concentrated form, to any person or entity
relabeling of its container [Sec 3(u), RA 9165] engaged in the manufacture of any dangerous
drug, and shall include packaging,
Exception: Does not include the preparation, repackaging, labeling, relabeling or
compounding, packaging or labeling of a drug concealment of such transaction through fraud,
or other substances by a duly authorized destruction of documents, fraudulent use of
practitioner as an incident to his/her permits, misdeclaration, use of front
administration or dispensation of such drug in companies or mail fraud. [Sec. 3(d), RA 9165]
the course of his/her professional practice
including research, teaching and chemical 6. Manufacturing or Delivering of
analysis of dangerous drugs or such Equipment, Instrument, Apparatus, and
substances that are not intended for sale or for Other Paraphernalia for Dangerous
any other purpose. [id.] Drugs and/or Controlled Precursors and
Essential Chemicals. [Sec. 10, RA 9165]

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12. Unnecessary Prescription of Dangerous

7. Possession of Equipment, Instrument, Drugs. [Sec. 18, RA 9165]
Apparatus and Other Paraphernalia for
Dangerous Drugs. [Sec. 12, RA 9165] The practitioner who unnecessarily prescribed
the dangerous drugs will have his/her license
Possession of such Equipment as Prima to practice revoked [id.]
Facie Evidence of Use
The possession of such equipment, 13. Unlawful Prescription of Dangerous
instrument, apparatus and other paraphernalia Drugs. [Sec. 19, RA 9165]
fit or intended for any of the purposes
14. enumerated in the preceding paragraph shall “Planting" of any dangerous drug
be prima facie evidence that the possessor has and/or controlled precursor and
smoked, consumed, administered to essential chemical, regardless of
himself/herself, injected, ingested or used a quantity and purity [Sec. 29, RA 9165]
dangerous drug and shall be presumed to have
violated Section 15 (Use of Dangerous Drugs) “Planting” of Evidence
of this Act. [Sec. 12 (2), RA 9165] The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or
8. Possession of Dangerous Drugs During attaching directly or indirectly, through any
Parties, Social Gatherings or Meetings. overt or covert act, whatever quantity of any
[Sec. 13, RA 9165] dangerous drug and/or controlled precursor
and essential chemical in the person, house,
Any person found possessing any dangerous effects or in the immediate vicinity of an
drug during a party, or at a social gathering or innocent individual for the purpose of
meeting, or in the proximate company of at implicating, incriminating or imputing the
least two (2) persons, shall suffer the maximum commission of any violation of this Act. [Sec. 3
penalties provided for in Section 11 of this Act (cc), RA 9165]
(Possession of Dangerous Drugs), regardless
of the quantity and purity of such dangerous Immunity from Prosecution [Sec. 33]
drugs [id.] Any person shall be exempted from
prosecution or punishment for the offense with
9. Possession of Equipment, Instrument, reference to which his/her information of
Apparatus and Other Paraphernalia for testimony were given, and may plead or prove
Dangerous Drugs During Parties, Social the giving of such information and testimony in
Gatherings or Meetings or in the bar of such prosecution, when the person:
proximate company of at Least 2 People [VIT]
[Sec. 14, RA 9165] 1. Violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act:
10. Cultivation or Culture of Plants 2. Voluntarily gives Information about;
Classified as Dangerous Drugs or are a. Any violation of Sections 4, 5, 6, 8, 10,
Sources Thereof. [Sec. 16, RA 9165] 13, and 16, Article II of this Act as well
as any violation of the offenses
11. Failure in Maintaining and Keeping of mentioned if committed by a drug
Original Records of Transactions on syndicate, or
Dangerous Drugs and/or Controlled b. Any information leading to the
Precursors and Essential Chemicals in whereabouts, identities and arrest of all
Accordance with Sec. 40 of RA 9165 or any of the members thereof;
[Sec. 17, RA 9165] 3. Who willingly Testifies against such
persons;

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Conditions which must concur in order for 2. In case an informant or witness under this
the person to enjoy Immunity from Act fails or refuses to testify without just
Prosecution: cause, and when lawfully obliged to do so,
[NN-CMC] or should he/she violate any condition
1. The information and testimony are accompanying such immunity as provided
Necessary for the conviction of the persons above.
described above;
2. Such information and testimony are Not yet NOTE: In case the informant or witness
in the possession of the State; referred to under this Act falls under the
3. Such information and testimony can be applicability of this Section hereof, such
Corroborated on its material points; individual cannot avail of the provisions under
4. the informant or witness has not been Article VIII of this Act (Program for Treatment
previously convicted of a crime involving and Rehabilitation of Drug Dependents). [Sec.
Moral turpitude, except when there is no 34(3), RA 9165]
other direct evidence available for the State
other than the information and testimony of CHAIN OF CUSTODY RULE [SEC. 21, R.A.
said informant or witness; and 9165, AS AMENDED BY RA 10640]
5. The informant or witness shall strictly and
faithfully Comply without delay, any Chain of Custody
condition or undertaking, reduced into The duly recorded authorized movements and
writing, lawfully imposed by the State as custody of seized drugs or controlled
further consideration for the grant of chemicals or plant sources of dangerous drugs
immunity from prosecution and or laboratory equipment of each stage, from
punishment. [Sec. 33(1-5), RA 9165] the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
NOTE: The above provision operates in spite presentation in court for destruction.
of the provisions of Section 17, Rule 119 of the [Dangerous Drugs Board Resolution No. 1,
Revised Rules of Criminal Procedure and the Series of 2002, Implementing RA 9165, Sec.
provisions of Republic Act No. 6981 or the 1(b)]
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165] Procedure [Sec. 21, 9165, as amended by RA
10640]
Immunity may be Enjoyed by a Witness PDEA shall take charge and have custody of
Who Does Not Appear to be the Most Guilty all dangerous drugs, plant sources of DDs,
Immunity may be enjoyed by an informant or CPs and ECs, as well as
witness who does not appear to be most guilty instruments/paraphernalia and/or laboratory
for the offense with reference to which his/her equipment confiscated, seized and/or
information or testimony were given. surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
Provided, there is no direct evidence available
for the State except for the information and 1. Apprehending team having initial custody
testimony of the said informant or witness. [id.] shall conduct a physical Inventory of the
Termination of the Grant of Immunity seized items and Photograph the same in:
The immunity granted to the informant or a. The presence of the accused or the
witness shall not attach: [Sec. 34, RA 9165] person/s from whom such items were
1. Should it turn out subsequently that the confiscated and/or seized; or
information and/or testimony is false or b. His/her representative or counsel, with:
made only for the purpose of harassing or i. An elected public official; and
in any way prejudicing the persons ii. Representative of the National
described in the preceding Section. Prosecution Service or the

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media who shall be required to 7. Sworn Certification shall be issued by the

sign the copies of the inventory Dangerous Drugs Board, as to the fact of
and be given a copy thereof. destruction or burning of the items. A
representative sample, however, shall be
Place of Conducting Inventory and submitted to the court having jurisdiction
Photograph over the case.
a. Place where the search warrant is
served; or 8. After the Promulgation and judgment in the
b. Nearest police station; or criminal case, the representative sample,
c. Nearest office of the apprehending with leave of court and after informing the
officer/team, whichever is practicable, board of the termination of the case, the
in case of warrantless seizures. prosecutor shall request the turn over of
the representative sample to the PDEA for
2. Submit items confiscated within 24 hours to proper disposition and destruction within
the PDEA Forensic Laboratory for a 24 hours from receipt.
qualitative or quantitative examination;
LAPSES IN PROCEDURE
3. Certification of the forensic laboratory Minor Lapses
examination results, shall be issued Failure of the apprehending team to strictly
immediately upon the receipt of the subject comply with the procedure laid out in Section
item/s. 21 of RA 9165 and its IRR does not ipso facto
render the seizure and custody over the items
Partial Laboratory Examination Report – as void and invalid. [People v. Lim, G.R. No.
allowed to be issued provisionally when the 223556, (2017)]
volume of the items do not allow the
completion of testing within the time frame, Two Conditions that Must be Complied with
stating the quantities of dangerous drugs To Justify a Minor Procedural Lapse
still to be examined by the forensic The prosecution must satisfactorily prove that:
laboratory: Provided, a final certification 1. There is Justifiable ground for non-
shall be issued immediately upon compliance; and
completion of the said examination and 2. The integrity and evidentiary value of the
certification; seized items are properly Preserved. [id.]

4. Filing of a criminal case in court; Unjustified Failure to Comply Results to the

Acquittal of the Accused
5. After the filing, the Court shall, within 72 Unjustified failure of the authorities to comply
hours, conduct an ocular Inspection of the with Sec. 21 raises reasonable doubt on the
confiscated, seized and/or surrendered authenticity of the corpus delicti. [People v. Ga-
items; a, G.R. No. 222559, (2018)]

6. PDEA, within 24 hours, shall thereafter Rationale: suffices to rebut the presumption of
proceed with the destruction or burning of regularity in the performance of official duties,
the items, in the presence of the following: acquitting the accused from liability. [id.]
a. Accused or representative or counsel;
and PLEA BARGAINING
b. Representative from: Section 23 of Republic Act No. 9165 is
i. Media; declared unconstitutional for being contrary to
ii. DOJ, the rule-making authority of the Supreme Court
iii. Civil society groups; and [Estipona v. Lobrigo, G.R. No. 226679, (2017)]
iv. Any elected public official.

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NOTE: The SC, in the exercise of its rule- d. Black jack, lucky nine, poker and its
making power, has issued OCA Circular 90- derivatives, monte, baccarat, cuajao,
2018 (May 4, 2018) to enjoin the courts to pangguingue and other card games;
comply with AM No. 18-03-16 (Adoption of the e. Paik que, high and low, mahjong,
Plea Bargaining Framework in Drugs Cases). domino and other games using plastic
tiles and the likes;
F. CRIMES AGAINST f. Slot machines, roulette, pinball and
other mechanical contraptions and
PUBLIC MORALS devices;
g. Dog racing, boat racing, car racing and
1. Chapter I: Gambling and other forms of races;
Betting h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
a. ANTI-GAMBLING LAW (PD. 1602 fixing, point shaving and other
as amended by RA 9287 [ANTI- machinations;
ILLEGAL NUMBERS GAMES i. Banking or percentage game, or any
LAW]) other game scheme, whether upon
chance or skill, wherein wagers
NOTE: Articles 195-199 of the RPC, R.A. 3063 consisting of money, articles of value or
(Horse racing Bookies), P.D. 449 representative of value are at stake or
(Cockfighting), P.D. 483 (Game Fixing), P.D. made;
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306 2. Knowingly Permitting any form of gambling
(Jai-Alai Bookies) and other City and Municipal referred to in the preceding subparagraph
Ordinances or gambling which are inconsistent to be carried on in an inhabited or
with this decree are hereby repealed [Sec. 3, uninhabited place or in any building, vessel
PD 1602] or other means of transportation owned or
controlled by him.
Gambling
Gambling is any game or scheme, whether Qualifying Circumstance: If the place
upon chance or skill, wherein wagers where the illegal gambling is carried on has
consisting of money, articles or value or a reputation of a gambling place or that
representative of value are at stake or made prohibited gambling is frequently carried on
[REYES, Book 2] therein, or the place is a public or
government building or barangay hall, a
ACTS PUNISHED: [TaP-PoM-BaS] higher penalty will be imposed [Sec.
Note: Article 195, which enumerates the acts 1(a)(1), PD 1602]
punishable, has been wholly repealed by Sec.
1, PD 1602. 3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
1. Taking part, directly or indirectly, in any symbols pertaining to or in any manner
illegal or unauthorized activities or games used in the mentioned games of lotteries
of: and numbers which have taken place or
a. Cockfighting, jueteng, jai alai or horse about to take place, knowingly and without
racing to include bookie operations and lawful purpose in any hour of any day.
game fixing, numbers, bingo and other
forms of lotteries; 4. Maintaining or conducting above gambling
b. Cara y cruz, pompiang and the like; schemes.
c. 7-11 and any game using dice;

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