RA 9165 Comprehensive Dangerous Drugs Act of 2002

It is the policy of the State: to safeguard the integrity of its territory & the well-being of its citizenry,
particularly the youth, from the harmful effects of dangerous drugs on their physical & mental well-
being, and 2. to defend the same against acts or omissions detrimental to their development and
preservation

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
Offenders: Penalty:
1. Importer Life to Death + P500k-P10M
2. Importer Death + P10M using Diplomatic Passport
3. Financier, Organizer, Death + P10M Manager of Importation
4. Protector/Coddler 12y1d to 20y + P100k to P500k

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of

Dangerous Drugs &/or Controlled Precursors & Essential Chemicals Elements:
Identity of the buyer and the seller, the object, and the consideration
Delivery of the thing sold and the payment thereof

Maximum Penalty Imposed on:

• Committed within 100m from a school
• Use of minors or mentally incapacitated persons as runners, couriers & messengers, or in
any other capacity
• If the victim is a minor or mentally incapacitated
• Dangerous drug is the proximate cause of death of victim
• Organizer, Manages the unlawful acts, financier

Protector/Coddler - 12y1d to 20y + P100k to P500k

Section 6. Maintenance of a Den, Dive or Resort Den, Dive or Resort - A place where any dangerous
drug and/or controlled precursor and essential chemical is administered, delivered, stored for
illegal purposes, distributed, sold or used in any form.

• Maintenance of a Den, Dive or Resort Maintenance – Life to death + P500k – P10M fine
• Caters to minor clients – Death + P10M fine
• Financier - Death + P10M fine
• Protector/Coddler - 12 years 1 day – 20 years + P100k - P500k fine
• Client dies – Death + P1M - P15M fine

* den/dive/resort shall be confiscated in favor of government

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

Imprisonment: 12y 1d - 20y + Fine: P100k - P500k

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b)
Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same
Section. 11 Possession of Dangerous Drugs (See Sec. 13)

Life Imprisonment to Death and Fine P500k - P10M

Any person, who, unless authorized by law, shall possess * any dangerous drug in the following
quantities, regardless of the degree of purity:

Elements:
Person is in possession which is identified to be a prohibited drug Such
possession is not authorized by law
Person freely & consciously possessed the said prohibited drug
1. 10 grams or more of opium;
2. 10 grams or more of morphine;
3. 10 grams or more of heroin;
4. 10 grams or more of cocaine 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; and
8. 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or “ecstasy”;, Para methoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamide (LSD), gamma hydroxy
amphetamine (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. Unlawful Acts and Penalties

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs. (See Sec. 14)

Imprisonment: 6 months & 1 day – 4 years Fine: P10k - P50k

Any person, who, unless authorized by law, shall 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 : xxx The
possession of such xxx shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed
to have violated Section 15 of this Act.

Section 15. Use of Dangerous Drugs

A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after
a confirmatory test, shall be imposed a penalty of a minimum of 6 months REHABILITATION in a
government center for the first offense. If apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of Imprisonment 6 years & 1 day to 12 years + Fine P50k to
P200k. Provided, that 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 11 of this
Act, in which case the provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof
Life Imprisonment to Death + Fine of P500k to P10

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

Any person, who organizes, manages or acts as a “financier”; of any of the illegal activities prescribed
in this Section = Death + Fine of P10M Any person, who acts as a “protector/coddler”; of any violator
of the provisions under this Section = Imprisonment of 12 years & 1 day - 20 years Fine of P100k to
P500k

Other Unlawful Acts

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

Section 18. Unnecessary Prescription of Dangerous Drugs

Section 19. Unlawful Prescription of Dangerous Drugs

Section 37. Issuance of False or Fraudulent Drug Test Results

Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts
shall be penalized by the same penalty prescribed for the commission of the same : (a) Importation;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation; (c)
Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture
of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or
culture of plants which are sources of dangerous drugs.

Other Unlawful Acts

Section 27. Public Officer or Employee is criminally liable for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/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 Act
Committed

Any elective local or national official found: To have benefited from the proceeds of the trafficking
of dangerous drugs, or to have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking dangerous drugs Shall be removed from office
and perpetually disqualified from holding any elective or appointive positions in the government,
its divisions, subdivisions, and intermediaries, including GOCCs

Section 29. Criminal Liability for Planting of Evidence.

Any person who is found guilty of “planting”; any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the penalty of DEATH.
The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug
and/or controlled precursor and essential chemical 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 of this Act.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials
and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases … 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 Imprisonment of 12y & 1d -
20y + Fine of P500k in addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph, 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

Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k in addition, perpetual absolute disqualification

from public office

The member of the law enforcement agency … shall not be transferred or re-assigned to any other
government office located in another territorial jurisdiction during the pendency of the case in court.
However, the concerned member of the law enforcement agency or government employee may be
transferred or re-assigned for compelling reasons:

Provided, that immediate superior shall notify the court where the case is pending of the order to
transfer or re-assign, within 24 hours from its approval; Should immediate superior fail to notify the
court of such order to transfer or re-assign:

Imprisonment of 2m & 1d to 6y Fine of P10k to P50k in addition, perpetual absolute disqualification

from public office

Section 92. Delay & Bungling in Prosecution of Drug Cases

Any government officer or employee tasked with the prosecution of drug-related 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:
Imprisonment 12y & 1d to 20y- without prejudice to his/her prosecution under the pertinent
provisions of the Revised Penal Code.

NATIONAL DRUG SITUATIONS

1. Secretary of the Department of Justice (DOJ);
2. Secretary of the Department of Health (DOH);
3. Secretary of the Department of National Defense (DND);
4. Secretary of the Department of Finance (DOF);
5. Secretary of the Department of Labor and Employment (DOLE);
6. Secretary of the Department of the Interior and Local Government (DILG);
 7. Secretary of the Department of Social Welfare and Development (DSWD);
8. Secretary of the Department of Foreign Affairs (DFA);
9. Secretary of the Department of Education (DepEd);
10. Chairman of the Commission on Higher Education (CHED);
11. Chairman of the National Youth Commission (NYC); and
12. Director General of the Philippine Drug Enforcement Agency (PDEA).

Cabinet secretaries who are members of the Board may designate their duly authorized
and permanent representatives whose ranks shall in no case be lower than
undersecretary. The two regular members shall be the President of the Integrated Bar of
the Philippines (IBP) and the Chairman or President of a non-government organization
(NGO) involved in dangerous drug campaign, to be appointed by the President of the
Philippines. The National Bureau of Investigation and the Philippine National Police serve
as permanent consultants.

The Philippine Drug Enforcement Agency

RA No. 9165 created the Philippine Drug Enforcement Agency, which serves as the main
implementing arm of the Dangerous Drugs Board and the entity responsible for the
efficient and effective enforcement of all provisions of the drug law. The call for a single
and centralized enforcement agency was thus realized, although the PNP and NBI are still
allowed by law to maintain their respective anti-drug task forces.

On March 6, 2017, President Rodrigo Duterte signed Executive Order No. 15 which
created the Inter-Agency Committee on Anti-Illegal Drugs (ICAD) chaired by PDEA. This
body was tasked to ensure an integrated and unified planning, implementation and
enforcement of all anti-drug abuse policies, programs and projects in all branches of the
government. The ICAD
has four clusters: (1) Enforcement, headed by the PDEA; (2) Justice, chaired by the DOJ;
(3) Advocacy, led by the DILG; and (4) Rehabilitation and Reintegration, co-chaired by the
DOH and the DSWD. The ICAD operates using the Barangay Drug Clearing Program (BDCP)
as the main strategy framework. Thus, the various roles of the ICAD members come into
play in the context of the different BDCP phases. In general, the ICAD acts as a manager
to ensure that the government’s anti-drug program is successfully implemented on the
ground.

Controlled Substances
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS - include those listed in Table I and Table Il
of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 16th
edition, January 2018

Table I
1. Acetic anhydride
2. N-Acetyl anthranilic acid
 3. 4-Anilino-N-phenethylpiperidine (APP)
4. Ephedrine
5. Ergometrine
6. Ergotamine
7. Is safrole
8. Lysergic acid
9. 3,4-Methylenedioxyphenyl-2-propanone
10. Norephedrine
11. N-Phenethyl-4-piperidone (NPP)
12. Phenylacetic acid
13. alpha-Phenylacetoacetonitrile (APAAN)
14. 1-Phenyl-2-propanone
15. Piperonal
16. Potassium permanganate
17. Pseudoephedrine
18. Safrole

Table II
1. Acetone (2-propanone)
2. Anthranilic acid (2-aminobenzoic acid)
3. Ethyl ether
4. Hydrochloric Acid
5. Methyl ethyl ketone (2-butanone)
6. Piperidine
7. Sulphuric acid
8. Toluene (methyl benzene)

The salts of the substances listed in Table I & Table II whenever the existence of such salts is
possible. (The salts of Hydrochloric acid and Sulfuric acid are specifically excluded)

MODULE 2: DRUG EDUCATION AND THE LAW

What is PDEA?
1. The lead Anti-Drug law enforcement agency, responsible for
preventing, investigating and combating dangerous drugs.
2. Controlling precursors and essential chemical within the Philippines

R.A 9165
1. Act instituting the Comprehensive Act of 2002 (Comprehensive Dangerous Drugs, repealing
R.A 6425 otherwise known as The Dangerous Act of 1972
2. R.A 9165 was signed by President Gloria Macapagal-Arroyo in June 7, 2002
3. RA 9165 was published on June 19, 2002 and took effect in July 4, 2002

Harmful Effects of Dangerous Drugs

What is drug?
- Any chemical substance that brings about physical, emotional or behavioral change in a
person taking it.
Examples:
Paracetamol- abate fever
Antibiotics- treat or prevent some types of bacterial infection

Drug Abuse
The use of any chemical which result to an individual’s physical, mental and social impairment. It
refers to the following:
1. Use of drugs without prescription
Ex. Antibiotic is a drug that needs prescription from a physician.
a. 14 days administration should be done

2. Use of drug or any substance for a purpose different from the one which the drug was
prescribed for.
Ex. Dextromethorphan- Antitussive drug. This drug is used to treat cough but use as a
hallucinogenic drug.

3. Use of illegal or illicit drug. These drugs are use illegally and often use as recreational. These
drugs are classified into three.
a. Class A (MOST HARMFUL DRUGS)
• Heroin
• Lysergide (LSD)
• Ecstasy
• Amphetamines (preferred for injection)
• Cocaine
• Crack cocaine
• Magic mushrooms

b. Class B (LESS HARMFUL DRUGS)

o Amphetamines
o Methamphetamine
o Barbiturates
o Codeine

c. Class C (LEAST HARMFUL DRUGS)

• Cannabis
• Temazepam
• Anabolic steroids
• Valium
• Ketamine
• Methylphenidate (Retalin)
• Y-hydroxybutyrate (GHB)

Origin of Drugs

Natural- anything that comes from the nature

Synthetic- anything that is produced artificially or processed in the laboratory

CLASSIFICATION OF DRUG 6 Drug Categories

 a. Central Nervous System (CNS) Depressants
- These drugs slow down the operations of the brain and the body. These drugs are also
known as “downers” or “bars”. Examples of CNS depressant drugs are the following:

1. Sedatives
2. Alcohol
3. Barbiturates
4. Anti-anxiety tranquilizers
a. Valium
b. Librium
c. Xanax
d. Prozac (anti-depressant) SSRI
e. Thorazine (Major tranquilizers)
5. GHB (gamma hydroxybutyrate)
6. Rohypnol and many other anti-depressants.

b. CNS Stimulants
- These drugs accelerate the heart rate and elevate the blood pressure and “speed-up,” or
over-stimulate, the body. These drugs are also known as “uppers”. Examples of CNS
Stimulant drugs are the following:
1. Crack cocaine
2. Cocaine
3. Amphetamines
4. Methamphetamine

c. hallucinogens
- These drugs can cause the users to perceive things differently than they actually are, also
known as “psychedelics”. The following are the examples:
a. Marijuana (sedative hypnotic)
b. LSD (Lysergic acid diethylamide)
c. Ecstasy
d. Peyote
e. Psilocybin

d. Dissociative Anesthetics
- These drugs inhibit pain by cutting off or dissociating the brain’s perception of the pain. The
following are the examples of dissociative anesthetics.
1. PCP (Phencyclidine) also known as angel dust
2. Dextromethorphan

e. Narcotic Analgesics
- These drugs relieve pain, induce euphoria and create mood changes in the user. Example of
Narcotic Analgesics
a. Opium
b. Codeine
c. Heroin
d. Demerol
e. Darvon
f. Morphine
 g. Methadone
h. Vicodin
i. Oxycontin

j. Inhalants
- It has a wide variety of breathable substances that produce mind- altering results and
effects. Examples of inhalants include;
1. Toluene
2. Plastic cement
3. Paint
4. Gasoline
5. Paint thinners and various anesthetic gases

Nature of Drug Use

Poly drug use (or abuse drugs one after the other or in combination with other intoxicating
substances) still based on the 2006 reported cases admitted for treatment and rehabilitation,

The Top 10 Drugs/Substances of Abuse are:

1. Methampethamine hydrochloride (Shabu)

2. Cannabis (Marijuana)
3. Contact Cement
4. Benzodiazephine
5. Cough/Cold Preparations
6. Methylenedioxymethamphetamine or MDMA (Ecstacy)
7. Cocaine
8. Nalbuphine Hydrochloride
9. Psilocybin (Magic Mushroom)
10. Solvents (Acetone, thinner)

Altered Perceptions
1. Illusion- misperception of a real external stimulus
2. Delusion- a fix false belief cannot be corrected by logic
3. Hallucination- a false sensory perception without an external stimulus

Common Characteristics of Drug Abuser

1. OFTEN ASSOCIATED WITH KNOWN DRUG USER
2. IRRITABLE, DISCOURTEOUS, DEFIANT AND AGGRESSIVE
3. UNTRUSTWORTHY AND LACKS SELF-CONFIDENCE
4. UNCONCERNED ABOUT HEALTH AND GROOMING
5. HAS LOW FRUSTRATION TOLERANCE
6. LACKS INTEREST IN STUDIES/WORKS
7. BLAMES EVERYBODY BUT HIMSELF FOR HIS/HER PROBLEMS
8. PREFERS TO BE WITH “BARKADA” WHERE ACCEPTANCE IS BEING FELT.
9. FREQUENTLY GOES TO ODD PLACES (TO TAKE DRUGS
10. OFTEN WEARS SUNGLASSES AT INAPPROPRIATE TIMES
11. OFTEN BORROWS MONEY AND SOMETIMES STEALS

VARIOUS ITEMS
12. SHOWS CHANGES IN ATTENDING SCHOOL/WORK
13. DEVELOPS CHANGES IN NORMAL CAPABILITIES IN SCHOOL/WORK
What will happen to drug users who would not reform?
1. Imprisonment
2. Death
3. Rehabilitation

Drug Prevention
1. STAY AWAY FROM ILLEGAL DRUGS
2. MAINTAIN PHYSICAL AND MENTAL HEALTH AND WELL-BEING
3. USE DRUGS AS ADVICE. MOST DRUGS ARE BENEFICIAL WHEN USED UNDER MEDICAL ADVICE
4. UNDERSTAND YOURSELF ACCEPT AND RESPECT YOUR OWN CAPABILITIES AND LIMITATIONS
5. DEVELOP YOUR POTENTIALS ENGAGE IN WHOLESOME, PRODUCTIVE AND FULFILLING
ACTIVITIES
6. CHOOSE YOUR FRIENDS WISELY
7. LEARN TO RELATE EFFECTIVELY TO A TRUSTED PERSON WHOM YOU CAN COMMUNICATE YOUR
PROBLEMS FREELY
8. SEEK PROFESSIONAL HELP IF YOU FEEL YOU CANNOT COPE WITH YOUR PROBLEMS
9. DEVELOP STRONG MORAL AND SPIRITUAL FOUNDATIONS

Who are penalized by the anti-drug law?

1. User
2. Pusher
3. Possessor
4. Cultivator
5. Importer
6. Manufacturer
7. Financer

RA 9211
This act is also known as Tobacco Regulation Act of 2003 signed into law in June 23, 2003.

Prohibited Act
1. Allowing minors to man stalls selling tobacco products 23
2. Selling tobacco products to a minor (under 18 years of age)
3. For a minor to smoke cigarettes or any tobacco products
4. Selling tobacco products within 100 meters from playground, school
5. and all youth facilities
6. Cigarette vending machine within the place mentioned
7. Smoking in public places and public transportation
8. Tobacco sponsorship restricted to activities for those “18 and above”
9. beginning July 1, 2006
10. No tobacco ads on TV, Cable TV, and radio since January 1, 2007
11. No tobacco ads in all mass media beginning July 1, 2008
12. No tobacco sponsorship of all sports, concert, cultural and art
13. events beginning July 1, 2008.