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Blaw List of Crime

The document outlines various crimes under RA No. 9165 related to dangerous drugs, including importation, sale, possession, and manufacturing of illegal substances and paraphernalia. It specifies penalties for different offenses, such as life imprisonment and fines, and details the responsibilities of individuals and businesses in relation to drug-related activities. Additionally, it addresses the consequences for medical professionals who unlawfully prescribe dangerous drugs and the government's authority to confiscate assets derived from illegal drug activities.

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gayle.molina
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0% found this document useful (0 votes)
8 views23 pages

Blaw List of Crime

The document outlines various crimes under RA No. 9165 related to dangerous drugs, including importation, sale, possession, and manufacturing of illegal substances and paraphernalia. It specifies penalties for different offenses, such as life imprisonment and fines, and details the responsibilities of individuals and businesses in relation to drug-related activities. Additionally, it addresses the consequences for medical professionals who unlawfully prescribe dangerous drugs and the government's authority to confiscate assets derived from illegal drug activities.

Uploaded by

gayle.molina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CRIMINALS UNDER RA NO.

9165 “NOT TO DO”

1. SEC. 4. Importation of Dangerous Example: Pedro sells shabu to a buyer


Drugs and/or Controlled Precursors in an alley. The police catch him in the
and Essential Chemicals act.

This crime involves bringing illegal Crime: Sale of Dangerous Drugs


drugs or their essential chemicals into
3. SEC. 6. Maintenance of Den, dive or
the Philippines through smuggling,
shipping, or other means. Resort

Crimes Under Section 4:  Maintaining a Drug Den – Owning or


1. Smuggling illegal drugs into the running a place where people gather
country to use or buy drugs.
2. Importing controlled chemicals
without proper authorization  Managing a Drug Dive – Allowing a
3. Using fake documents or hiding place (like a bar or club) to be used for
drugs in shipments drug-related activities.

Who Are Liable?  Operating a Drug Resort – Letting


 Anyone who brings drugs or people use drugs in a resort, hotel, or
chemicals into the country any establishment.
 Cargo handlers or shipping
agents involved in smuggling EXAMPLE: Carlos is a waiter in a bar
known for selling shabu. He serves
 Customs officers who allow
drinks to customers, knowing that
illegal drugs to enter the country
they are buying and using drugs inside
the bar. Since Carlos is an employee of
Example: Juan hides packs of shabu
a drug dive, he will be charged under
inside bags of rice and ships them
Section 7 of RA 9165 and could face
from another country to the
life imprisonment plus a fine.
Philippines. Since he illegally imported
dangerous drugs, he will be charged
with Drug Importation, which carries 4. SEC. 7. Employees and Visitors of a
life imprisonment and a fine of Den, Dive or Resort.
₱500,000 to ₱10 million. This law punishes employees and
2. Section 5. "Sale, Trading, visitors who are inside a place (den,
Administration, Dispensation, dive, or resort) where illegal drugs are
Delivery, Distribution, and used, sold, or distributed.
Transportation of Dangerous Drugs
and/or Controlled Precursors and Crimes Under Section 7:
Essential Chemicals."
1. Being an employee of a drug
Crime: den, dive, or resort – Working in
 Sells or trades illegal drugs a place where drugs are used or
 Transports or delivers drugs to sold (e.g., waiters, security
another person personnel, or caretakers).
 Distributes drugs in any way
2. Visiting a drug den, dive, or 6. Section 9: Illegal Chemical Diversion
resort – Being inside a place of Controlled Precursors and
where drug activities happen, Essential Chemicals
even if you’re not using drugs.
This law punishes anyone who
Juan visits a house known as a shabu illegally diverts or misuses controlled
den to hang out with friends. When precursors and essential chemicals
the police raid the place, he is caught (substances used to make illegal
inside, even though he is not using drugs).
drugs.
Chemical diversion means:
5. SEC. 8. Manufacture of Dangerous Buying, selling, or transferring
Drugs and/or Controlled Precursors
chemicals that can be used in drug
and Essential Chemicals.
manufacturing without proper
permits.
 This law punishes anyone who Using legal chemicals for illegal drug
manufactures or produces: production instead of their intended
Crimes Under Section 8: legal purpose.

1. Manufacturing dangerous drugs Crimes Under Section 9:


– Producing or making illegal  Selling or transferring chemicals
drugs. without authorization – Moving or
selling chemicals without approval
2. Manufacturing controlled from authorities.
precursors and essential  Using chemicals for illegal drug
chemicals – Producing chemicals production – Taking legally bought
used in making illegal drugs. chemicals and using them to make
dangerous drugs
3. Financing drug manufacturing –
 Financing illegal chemical diversion –
Giving money or resources to
Providing money or resources to
fund drug production.
support the illegal use of these
Penalty: chemicals.

 Life imprisonment Penalty:


 Fine of ₱500,000 to ₱10 million 12 years to 20 years imprisonment
Fine of ₱100,000 to ₱500,000
Example: Mario runs a secret
laboratory where he produces shabu Example: Lito owns a chemical supply
using chemicals and equipment. The store. A drug syndicate offers him ₱1
police raid his lab and catch him in the million to sell them large amounts of
act. acetone (a chemical used to make
shabu) without proper permits. Lito
Since Mario manufactures dangerous agrees and delivers the chemicals
drugs, he will be charged under secretly.
Section 8 of RA 9165 and could face
life imprisonment plus a fine. Since he illegally diverted controlled
chemicals, he will be charged under
Section 9 of RA 9165 and could face
12 to 20 years of imprisonment plus a Crimes Under Section 11:
fine. 1. Actual Possession – Drugs are
found on the person (e.g., inside
7. SEC 10: Manufacture or Delivery of a pocket or bag).
Equipment, Instrument, Apparatus, 2. Constructive Possession – Drugs
and Other Paraphernalia for are found in a place under a
Dangerous Drugs person's control (e.g., inside
their house or car).
Example:
Juan is caught by the police with 2
Crimes Under Section 10: grams of shabu inside his bag.
1. Manufacturing drug
paraphernalia – Making or Since he possesses dangerous drugs,
producing equipment used for he will be charged with Possession of
illegal drug activities. Dangerous Drugs (Section 11, RA
9165) and could face 12 to 20 years
2. Delivering or selling drug imprisonment plus a fine.
paraphernalia – Transporting or
selling these tools to drug users 9. SEC. 12. Possession of Equipment,
or syndicates. Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
3. Possessing drug paraphernalia
with intent to sell or use – Crimes Under Section 12:
Having these items with a clear
purpose of using them for drugs. 1. Possession of drug
paraphernalia – Having any
 Example: Mark owns a small equipment used for illegal drugs.
factory that produces glass pipes
and weighing scales commonly 2. Possession of paraphernalia
used for selling shabu. He after using drugs – If a person
knowingly supplies these items tests positive for drug use and is
to drug dealers. found with paraphernalia, they
get an additional penalty.
Since he manufactures drug
paraphernalia, he will be charged 10. Section 13: Possession of Dangerous
under Section 10 of RA 9165 and Drugs During Parties, Social
could face life imprisonment plus Gatherings, or Meetings
a fine.
This law punishes anyone who is
caught possessing dangerous drugs
8. SEC. 11. Possession of Dangerous
while attending a party, social
Drugs
gathering, or meeting. The law
imposes stricter penalties compared
This law punishes anyone who is
to regular drug possession (Section
caught in possession of dangerous
11) because illegal drugs in these
drugs, regardless of whether they
events could lead to wider
intend to sell, use, or distribute them.
distribution and influence on used for consuming or making
multiple people. drugs while attending a
gathering.
Crimes Under Section 13:
1. Possession of dangerous drugs 2. Possession of paraphernalia
at a party or social gathering – during a meeting – Bringing
Bringing or carrying illegal drugs drug-related items to a social or
while attending an event. group setting.
2. Possession of drugs during a
meeting – Having drugs in a Example:
group setting where others might Carlo is at a music festival with a
be influenced. glass pipe and aluminum foil
commonly used for smoking
 Example: Rico attends a birthday shabu. The police search him and
party in a club and carries 10 find these items.
grams of ecstasy in his pocket.
The police conduct a raid, and he 12. SEC. 15. Use of Dangerous Drugs
is caught with the drugs. This law punishes anyone who is
proven to have used dangerous
Since he possessed dangerous drugs. A person can be charged under
drugs during a social gathering, this section if they test positive for
he will be charged with drug use through a drug test
Possession of Dangerous Drugs conducted by authorities. Instead of
During Parties, Social Gatherings, imprisonment, first-time offenders
or Meetings (Section 13, RA are required to undergo mandatory
9165) and could face life drug rehabilitation. However, repeat
imprisonment plus a fine. offenders may face imprisonment.

11. SEC. 14. Possession of Equipment, Crimes Under Section 15:


Instrument, Apparatus and Other 1. Testing positive for drug use – If
Paraphernalia for Dangerous Drugs a person undergoes a drug test
During Parties, Social Gatherings or and is confirmed to have used
Meetings. dangerous drugs.
2. Failure to undergo rehabilitation
This law punishes anyone caught – If a first-time offender refuses
possessing drug paraphernalia while to comply with mandatory drug
attending a party, social gathering, or rehab.
meeting. The penalty is harsher than 3. Repeated drug use – If a person
regular possession under Section 12 is caught using drugs again after
because drug paraphernalia in these rehabilitation, they may face
settings suggests possible drug use or imprisonment.
distribution among attendees.
Example:
Crimes Under Section 14: Jake is arrested during a police
1. Possession of drug checkpoint. When tested for drugs, he
paraphernalia at a party or tests positive for shabu use.
event – Having any equipment
Since he used dangerous drugs, he charged under Section 16 and
will be charged with Use of could face life imprisonment plus
Dangerous Drugs (Section 15, RA a fine.
9165) and must undergo mandatory
drug rehabilitation for at least 6 14. Section 17: Maintenance and
months. Keeping of Original Records of
Transactions on Dangerous Drugs
13. SEC. 16. Cultivation or Culture of and/or Controlled Precursors and
Plants classified as dangerous drugs Essential Chemicals
or are sources thereof
This law requires pharmacies, drug
Crimes Under Section 16: manufacturers, and chemical
1. Growing or cultivating illegal suppliers to properly record and keep
drug plants . track of all transactions involving
2. Owning or maintaining land dangerous drugs and controlled
used for illegal plant cultivation chemicals used to make illegal drugs.
– Allowing a property to be used Failing to maintain accurate records or
for growing illegal drug plants. falsifying them is a criminal offense.

Who Can Be Liable? Crimes Under Section 17:


1. Failure to maintain proper
1. The person cultivating the plants records – If a business handling
– If someone is caught growing controlled drugs or chemicals
marijuana, opium poppy, or any does not record transactions as
illegal drug plant, they will face required.
life imprisonment. 2. Falsification or tampering of
records – If records are altered or
2. The property owner or lessee (if
faked to hide illegal activities.
they allowed it) – If the
landowner, tenant, or caretaker
3. Refusing inspection by
knew about the illegal cultivation
authorities – If a company
and allowed it to happen, they
refuses to provide records when
will also be charged and
inspected by law enforcement.
penalized.

3. The person in possession of the Example:


land – Even if the person does A pharmacy sells controlled chemicals
not own the land but is using it used to make illegal drugs but does
for illegal drug cultivation, they not record the transactions in its
are still fully responsible. official logbook. Since they failed to
maintain original records of
Example: Anna owns a private transactions, they will be charged
farm and rents it to Carlos, who with Failure to Maintain Proper
secretly grows marijuana. If Anna Records of Transactions on
is unaware, she won't be Dangerous Drugs and Controlled
charged. However, if she knew Precursors and Essential Chemicals.
about it and allowed Carlos to
continue, she can also be
15. SEC. 18. Unnecessary Prescription of Crimes Under Section 19:
dangerous drugs 1. Issuing a prescription without
authority – If a person without a
This law punishes doctors, dentists, valid medical license prescribes
veterinarians, or any licensed dangerous drugs.
medical professional who prescribes 2. Forging or tampering with
dangerous drugs without a valid prescriptions – If someone fakes
medical reason. a doctor's prescription to obtain
drugs.
Crimes Under Section 18: 3. Selling blank prescription pads –
1. Prescribing dangerous drugs If a person sells or distributes
without medical necessity blank prescription forms to be
2. Issuing fake or excessive used for obtaining dangerous
prescriptions drugs.
3. Allowing prescriptions to be used
for illegal purposes Example:
Carlos, who is not a doctor, writes a
Example: fake prescription for morphine and
Dr. Santos writes multiple gives it to someone to buy the drug at
prescriptions for fentanyl to a a pharmacy.
patient who does not need it, Since he issued an unlawful
knowing that the drugs will be prescription of dangerous drugs, he
sold illegally. will be charged with Unlawful
Prescription of Dangerous Drugs and
Since he prescribed dangerous could face 12 to 20 years
drugs without medical imprisonment plus a fine.
necessity, he will be charged
with Unnecessary Prescription 17. SEC. 20. Confiscation and Forfeiture
of Dangerous Drugs and could of the Proceeds or Instruments of the
face 12 to 20 years Unlawful Act, Including the
imprisonment plus a fine. Properties or Proceeds Derived from
the Illegal Trafficking of Dangerous
16. SEC 19: Unlawful Prescription of Drug and/or Precursors and Essential
Dangerous Drugs. Chemicals.
This law punishes any person, This law authorizes the government
including doctors, dentists, and to seize and forfeit any money,
veterinarians, who prescribes property, or equipment used in illegal
dangerous drugs illegally. Unlike drug activities or acquired from drug-
Section 18, which covers unnecessary related crimes. This includes houses,
prescriptions, Section 19 applies to vehicles, bank accounts, and other
unauthorized or completely illegal assets linked to drug trafficking and
prescriptions, such as those issued by manufacturing.
unlicensed individuals or forged
prescriptions. Crimes Under Section 20:
1. Owning or possessing
properties derived from drug-
related activities – If a person Crimes Under Section 26:
buys luxury cars, houses, or 1. Attempt to Commit Drug
businesses using money from Offenses – When a person starts
illegal drugs, those assets can be to commit a drug crime (e.g.,
confiscated. selling or transporting drugs) but
2. Using any equipment for drug is caught before completing the
trafficking or production – If a act.
person owns a warehouse, 2. Conspiracy to Commit Drug
vehicles, or lab equipment used Offenses – When two or more
in drug operations, these will be persons agree to commit a drug
seized. crime, even if they have not yet
3. Profiting from illegal drugs – Any acted on their plan.
money or financial assets
earned through the sale or Penalty:
distribution of dangerous drugs  Same penalty as the actual
will be forfeited to the crime they attempted or
government. conspired to commit (e.g., if the
penalty for selling drugs is life
Penalty: imprisonment, an attempt or
 Confiscation of all assets, conspiracy to sell drugs also
properties, and proceeds leads to life imprisonment).
related to the crime
 Assets may be used for drug Example (Attempt):
prevention programs Paolo is caught transporting shabu
inside his car at a checkpoint, but he
 Example: Mark, a known drug has not yet delivered it to the buyer.
trafficker, buys a mansion and Since he attempted to transport
luxury cars using money from dangerous drugs, he will be charged
selling shabu. After an with Attempt to Transport Dangerous
investigation, authorities prove Drugs and will face the same penalty
that his wealth comes from as someone who successfully
illegal drug sales. Since his transported them.
properties were acquired
through illegal drug trafficking, Example (Conspiracy):
they will be confiscated and Miguel and Tony plan to set up a
forfeited by the government. secret shabu lab and have already
bought the necessary equipment, but
18. SEC. 26. Attempt or Conspiracy. before they can start production, the
police raids their hideout.
This law punishes individuals who
attempt or conspire to commit any
Since they conspired to manufacture
drug-related crime, even if the illegal
act was not fully completed. This illegal drugs, they will be charged with
means that just planning or trying to Conspiracy to Manufacture
commit a drug crime is already Dangerous Drugs and will face life
imprisonment plus a fine.
punishable under the law.
19. SEC. 27. Criminal Liability of a Public keeps 1 kilogram for himself instead
Officer or Employee for of reporting the full amount.
Misappropriation, Misapplication or
Failure to Account for the Confiscated, Since he misappropriated confiscated
Seized or Surrendered Dangerous dangerous drugs, he will be charged
Drugs, Plant Sources of Dangerous with Misappropriation of Seized
Drugs, Controlled Precursors and Dangerous Drugs and could face life
Essential Chemicals, Instruments/ imprisonment plus a fine.
Paraphernalia and/or Laboratory
Equipment Including the Proceeds or 20. SEC. 28. Criminal Liability of
Properties Obtained from the Government Officials and
Unlawful Act Committed. Employees.

This law punishes public officials and This law punishes government
government employees who steal, officials and employees who commit
misuse, or fail to properly account for any drug-related crime by imposing
confiscated drugs, chemicals, drug double the penalty compared to
equipment, or assets seized from ordinary offenders.
drug operations.
Government officials and law Since they are public servants, their
enforcement officers are required to involvement in illegal drug activities is
considered a serious betrayal of
properly document, store, and
public trust.
dispose of all confiscated drug-related
items. Any attempt to steal, sell, or Crimes Under Section 28:
use these items for personal gain is a
serious criminal offense. 1. Engaging in drug-related
activities – Selling, transporting,
Crimes Under Section 27: manufacturing, or possessing
1. Misappropriation – If a public illegal drugs.
officer steals, resells, or uses
confiscated drugs, chemicals, or 2. Protecting or assisting drug
drug-related assets for personal syndicates – Using influence or
gain. power to shield drug lords from
2. Misapplication – If confiscated law enforcement.
drugs, money, or assets are used
3. Using government resources for
for purposes other than official
drug crimes – Using public funds,
government procedures (e.g.,
vehicles, or facilities for illegal
using seized money for personal
drug operations.
expenses).
3. Failure to Account – If an officer Who Are Liable?
does not report or cannot
explain what happened to  Elected officials (e.g., mayors,
confiscated drugs, equipment, or governors, barangay captains)
money from drug busts.  Appointed government
employees (e.g., police officers,
EXAMPLE: Officer Reyes seizes 5 prosecutors, judges, customs
kilograms of shabu during a raid but officials)
 Military personnel and other Since the officer planted evidence to
government workers involved in falsely charge Juan, he will be charged
illegal drug activities with Planting of Dangerous Drugs and
21. Criminal Liability for Planting of will face life imprisonment and a
Evidence (Section 29 of RA 9165) heavy fine.

This law punishes any person, 22. SEC. 30. Criminal Liability of Officers
particularly law enforcement of Partnerships, Corporations,
officers, who falsely places drugs, Associations or Other Juridical
chemicals, or drug-related Entities.
equipment on someone to frame
them for a crime. Planting of evidence This law holds corporate officers,
is a serious offense that carries the board members, or key officials of a
maximum penalty under RA 9165. company criminally liable if their
business is used for drug-related
Crimes Under Section 29: crimes, whether they are directly
involved or allow such activities to
1. Planting of Dangerous Drugs –
happen.
Falsely placing illegal drugs on a
person, their belongings, or
property to make it appear that
Crimes Under Section 30:
they are guilty.
1. Allowing the company to engage
2. Planting of Controlled in drug-related activities
Precursors and Essential 2. Using the company as a front for
Chemicals – Placing chemicals drug operations
used for drug production to 3. Failure to prevent drug-related
frame someone. crimes within the company – If
executives ignore or tolerate
3. Planting of Drug Equipment – illegal drug activities happening
Placing syringes, pipes, or under their business.
laboratory equipment on a
person or location to fabricate Who Are Liable?
charges.  Presidents, directors, and
managers of corporations
Who Are Liable?
 Partners in partnerships
 Law enforcement officers  Chairpersons and officers of
(police, PDEA agents, etc.) associations
 Any person who falsely plants  Any responsible officer who
evidence to implicate someone knowingly allows drug-related
in a drug crime activities in their company

Example: A police officer plants a Example:


small packet of shabu inside Juan’s A freight company is secretly used for
bag during a routine checkpoint to drug smuggling, and its CEO knows
extort money from him. but allows it to continue because he
earns money from the transactions.
Since he let the company be used for  Any person who intentionally
drug trafficking, he will be charged fabricates drug test documents
with Allowing a Corporation to
Engage in Drug Trafficking and will Example:
face life imprisonment plus fines,
A drug testing center accepts bribes
while the company will be shut down
and issues negative drug test results
and its assets seized.
to known drug users applying for
driver’s licenses.
23. Issuance of False or Fraudulent Drug
Test Results (Section 37 of RA 9165) Since the facility issued fraudulent
drug test results, the owner and staff
This law punishes any person or drug
will be charged with Falsification of
testing facility that falsifies drug test
Drug Test Results and will face 6 to 12
results or issues fake certificates to
years of imprisonment, fines, and
individuals, whether for personal,
permanent closure of the facility.
employment, or legal purposes.
A. POSSESSION-RELATED CRIMES
Crimes Under Section 37:

1. Issuing a false negative drug test 1. Illegal Possession of Dangerous


result – If a drug-dependent Drugs – Having illegal substances
person is falsely cleared as drug- without authorization.
free. 2. Illegal Possession of Drug
Paraphernalia – Owning tools for
2. Issuing a false positive drug test
drug use (e.g., bongs, syringes,
result – If an innocent person is
falsely reported as a drug user. weighing scales).

3. Possession of Drugs Inside Jail or


3. Falsifying drug test documents –
Altering, forging, or tampering Detention Facilities – Having
with drug test certificates. illegal drugs while in custody.

4. Allowing unqualified persons to 4. Possession of Drugs in a School


conduct drug testing – If a facility Zone or Near Minors – Carrying
drugs near schools or young
operates without proper
accreditation or lets people.
unauthorized personnel perform 5. Possession of Large Quantities
tests. for Trafficking – Holding amounts
Who Are Liable? that exceed personal use, leading
to higher penalties.
 Owners and staff of drug testing
laboratories
B. DRUG MANUFACTURING &
 Medical professionals (doctors, DISTRIBUTION CRIMES
chemists, lab technicians) who
falsify results 6. Manufacturing or Producing
Illegal Drugs – Making shabu,
cocaine, LSD, ecstasy, heroin, etc.
7. Illegal Cultivation of Drugs – 17. Use of Technology for Drug
Growing marijuana, opium Trade – Selling drugs online or
poppy, coca plants, etc. through encrypted apps.

8. Operating or Maintaining a Drug


Laboratory – Running a facility
where drugs are made. D. DRUG USE-RELATED CRIMES

9. Maintaining a Drug Den, Dive, or 18. Illegal Use of Dangerous Drugs –


Resort – Owning or managing a Consuming prohibited
place where people use or sell substances.
drugs.
19. Driving Under the Influence of
10. Conspiracy to Manufacture or Drugs (DUI-D) – Operating a
Distribute Drugs – Planning with vehicle while high.
others to make or sell drugs.
20. Public Intoxication Due to Drugs
– Being under the influence in
public places.
C. DRUG TRAFFICKING &
SMUGGLING 21. Disorderly Conduct While Under
Drug Influence – Causing public
11. Drug Smuggling disturbances due to drug use.
(Importation/Exportation) –
Bringing drugs into or out of a 22. Drug-Induced Assault or
country. Violence – Committing violent
acts while intoxicated.
12. Drug Trafficking (Wholesale or
Retail) – Selling or distributing 23. Drug-Induced Suicide or Self-
illegal substances. Harm – Attempting self-harm
while under the influence.
13. Using Minors in Drug Trade –
Recruiting minors for drug-
related activities.
E. DRUG-RELATED PROPERTY &
14. Drug Mule Operations – Using FINANCIAL CRIMES
people to transport drugs inside
24. Theft or Robbery to Support
their bodies or luggage.
Drug Habit – Stealing to buy
15. Financing Illegal Drug drugs.
Operations – Providing money to
25. Drug-Related Fraud (e.g.,
drug manufacturers or
insurance fraud for rehab costs)
traffickers.
– Faking claims for addiction
16. Bribing Officials to Protect Drug treatment.
Operations – Paying off police or
26. Drug-Related Money
government workers.
Laundering – Hiding drug profits
through fake businesses.
27. Forgery of Drug Prescriptions – 37. False Testimony in Drug
Faking doctor’s prescriptions to Investigations – Lying under oath
get controlled substances. to protect drug offenders.

28. Doctor Shopping – Visiting 38. Failure to Report Drug Crimes –


multiple doctors to get multiple Not informing authorities about
prescriptions. illegal drug activities.

29. Unlawful Sale of Prescription 39. Resisting Arrest in a Drug Case –


Drugs – Selling painkillers or Fighting back against law
sedatives without a license. enforcement during a drug-
related arrest.

F. DRUG-RELATED ORGANIZED
CRIMES H. SPECIAL DRUG CRIMES (BASED ON
SPECIFIC LAWS)
30. Running a Drug Cartel or
Syndicate – Leading an organized 40. Violating Drug-Free Workplace
crime group that trades drugs. Policies – Employees using drugs
despite workplace regulations.
31. Being a Member of a Drug
Syndicate – Participating in 41. Providing Illegal Drugs to
organized drug trafficking. Patients in Rehab Centers –
Smuggling drugs into rehab
32. Protecting Drug Syndicates as a facilities.
Public Official – Using a
government position to shield 42. Allowing Drug Activities in
drug operations. Rental Properties – Landlords
permitting drug use or sale in
33. Gang-Related Drug Crimes – their buildings.
Committing crimes under a gang
involved in drugs. 43. Using Fake Identities to Obtain
Controlled Substances –
34. Terrorism Financing Through Creating false records for drug
Drug Trade – Funding terrorist purchases.
groups using drug profits.
44. Illegal Online Sales of Drugs –
Selling controlled substances on
the dark web.
G. OBSTRUCTION OF JUSTICE IN
DRUG CASES

35. Harboring a Fugitive Drug I. INTERNATIONAL DRUG CRIMES


Offender – Helping drug
criminals escape arrest. 45. Drug Trafficking Across Borders
– Moving illegal drugs between
36. Tampering with Drug Evidence – countries.
Destroying or altering evidence
in drug cases. 46. Producing Counterfeit
Prescription Drugs –
Manufacturing fake medicines
with illegal substances.

47. Illegal Transport of Drug


Precursors – Smuggling
ingredients for making illegal
drugs.

48. Engaging in Drug-Related


Human Trafficking – Forcing
people into drug smuggling or
production.

49. Violating International Drug


Agreements – Breaching treaties
on drug control (e.g., UN
Conventions).

50. Corrupting Foreign Officials for


Drug Trade Protection – Bribing
authorities in other countries to
allow drug activities.
CRIMINALS UNDER RA NO. 7610 “TO-DO”
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act ”

Section 17 – Survival, Protection and The government must make sure all
Development. children, especially those in difficult
situations, can go to school and get
This section ensures the rights of proper education. If they cannot
children to survival, protection, and attend regular school, there should be
development by penalizing alternative learning programs to help
individuals or entities that neglect, them build a better future.
abuse, exploit, or discriminate
against children in ways that hinder Section 20 – Discrimination
their well-being and growth.
This section prohibits discrimination
Children are not allowed to work, against children in any form. It
except in special cases. The law ensures that all children, regardless of
protects children from abuse, their background, have equal rights,
exploitation, and dangerous opportunities, and protection under
jobs.Children are not allowed to the law.
work, except in special cases. The law
protects children from abuse, 1. No child should be treated
exploitation, and dangerous jobs. unfairly

Section 18 – System of and Access to 2. Equal access to services – All


Education children must have equal access
to education, healthcare, and
This section ensures that all children, other government services.
especially those who are victims of
abuse, exploitation, and 3. Protection from harmful
discrimination, have the right to practices – Any act that excludes,
education. It mandates the mistreats, or denies a child their
government and institutions to basic rights is prohibited.
provide accessible, quality, and
Simple Explanation: Children should
appropriate education to protect and
not be treated unfairly because of
support children's development.
their background, gender, disability,
Section 19 – Health and Nutrition or social status. They must have equal
rights to education, healthcare, and
This section ensures that all children, protection. If someone discriminates
especially those who are victims of against them, they can be punished
abuse, exploitation, and by law.
discrimination, have access to
adequate healthcare and nutrition. Section 21 – Participation
The government, parents, and
This section ensures that children
institutions must provide medical
have the right to participate in
services, proper food, and health
matters that affect them. It
programs to support children's
recognizes that children should have a
growth and well-being.
voice in decisions, especially those
related to their welfare and - Recruited as soldiers
development. - Used as human shields
- Targeted in attacks
1. Children have the right to - Forced to flee from their
express their opinion homes due to war
2. Involvement in decision-making Simple Explanation: Children must be
– Their opinions must be protected from war and violence.
respected and considered in They should not be used as soldiers
decisions made by parents, or harmed in any conflict. Schools and
guardians, schools, and the hospitals must also remain safe
government. places. Those who involve children in
war will be punished by law.
3. Encouragement of civic
participation – The government
Section 23 – Evacuation of Children
and organizations should provide During Armed Conflict
opportunities for children to
participate in programs, This section ensures that children
discussions, and activities that must be safely evacuated and
promote their rights and well- protected during times of war, armed
being. conflict, or emergency situations.
4. Protection from retaliation – Section 24 – Family Life and
Children should not be punished Temporary Shelter
or discriminated against for
expressing their views. Children should live with their
families, but if they are abused or in
Children have the right to speak up danger, the government must provide
about things that affect their lives. them with a safe temporary shelter
Their opinions must be respected in where they get food, care, and
family, school, and government education. If possible, they should be
decisions. They should also be reunited with their families or given a
encouraged to join activities that help stable home.
improve their future without fear of
punishment. Section 25 – Rights of Children
Arrested for Reasons Related to
Section 22 – Children as Zones of Armed Conflict
Peace
Children who are arrested because of
This section declares that children war or armed conflict should not be
must be protected from war, treated as criminals. They must be
violence, and armed conflict. It protected, given legal and medical
ensures that they are not used, help, and placed in rehabilitation
harmed, or involved in any conflict, programs instead of being punished.
whether by the government, rebels, They should not be jailed with adults
or any armed group. and must be given a chance to return
to a normal life.
1. Children must be protected in times
of war – They should not be:
Section 26 – Monitoring and 10. Child Rape – Forced sexual
Reporting of Children in Situations of intercourse with a minor.
Armed Conflict
11. Child Molestation – Unwanted
The government must monitor, touching or inappropriate
report, and act on cases where physical contact with a minor.
children are affected by war or armed
conflict. Authorities must protect 12. Child Grooming – Manipulating a
them, provide support, and work child to gain trust for sexual
with organizations to ensure their exploitation.
safety and well-being.
13. Child Pornography – Creating,
distributing, or possessing
CRIMINALS AGAINST CHILDREN:
explicit content of minors.
A. Physical Crimes Against Children
14. Online Sexual Exploitation of
1. Child Abuse – Physical, Children (OSEC) – Using the
emotional, or psychological harm internet to exploit children
inflicted on a child. sexually.

2. Infanticide – Killing of an infant 15. Child Prostitution – Forcing or


by a parent, usually the mother. coercing a minor into sex work.

3. Filicide – The intentional killing 16. Child Sex Trafficking –


of a child by a parent or guardian. Transporting or selling children
for sexual exploitation.
4. Child Abandonment – Leaving a
child without proper care or
support.
C. Exploitation and Human Trafficking
5. Negligent Homicide (Death by
17. Child Trafficking – Recruiting,
Neglect) – Child dies due to
selling, or transferring children
caregiver's failure to act.
for forced labor, sexual abuse, or
6. Child Endangerment – Placing a illegal adoption.
child in a dangerous situation.
18. Child Labor Violations –
7. Corporal Punishment (Excessive Employing children under illegal
Discipline) – Severe physical or unsafe conditions.
punishment that causes injury.
19. Forced Begging – Making
8. Hazing of Minors – Forcing a children beg in public for profit.
child to undergo violent initiation
20. Child Soldier Recruitment –
rites.
Forcing children to fight in armed
conflicts.

B. Sexual Crimes Against Children 21. Human Shielding of Minors –


Using children to protect
9. Child Sexual Abuse – Any sexual combatants in war.
activity imposed on a minor.
22. Illegal Adoption (Baby Selling) –
Selling or buying children for
adoption. F. Crimes Involving Kidnapping or
Restriction of Freedom
23. Baby Farming – Secretly
breeding and selling babies for 32. Child Kidnapping – Taking a child
profit. away without legal authority.

33. Parental Kidnapping – A non-


custodial parent taking a child
D. Psychological and Emotional without permission.
Crimes
34. Illegal Detention of a Minor –
24. Emotional Abuse – Verbal Holding a child against their will.
threats, insults, or manipulation
that harm a child’s mental
health.
G. Harmful Traditional Practices
25. Parental Alienation – Turning a
35. Forced Child Marriage –
child against one parent through
Marrying off a minor, often
lies or manipulation.
against their will.
26. Exposure to Domestic Violence –
36. Female Genital Mutilation
Forcing a child to witness abuse
(FGM) – Forcibly removing parts
at home.
of a girl's genitalia for cultural
27. Bullying and Cyberbullying – reasons.
Repeated harassment or
37. Child Sacrifice and Ritual Abuse
intimidation, online or offline.
– Using children for occult or
ritualistic killings.

E. Neglect and Failure to Protect


Children
H. Crimes Related to Drugs and
28. Child Neglect – Failing to provide Criminal Activities
basic needs like food, shelter, and
38. Corruption of Minors –
medical care.
Encouraging children to commit
29. Medical Neglect – Refusing or crimes or engage in illegal
failing to get necessary medical activities.
treatment for a child.
39. Child Drug Trafficking – Using
30. Educational Neglect – children to smuggle or sell illegal
Preventing a child from attending drugs.
school.
40. Forcing a Child to Commit a
31. Failure to Report Child Abuse – Crime – Making a minor
Not reporting known or participate in illegal acts like
suspected abuse. theft, murder, or fraud.
8. Hazing of Minors – A 15-year-old
is forced to drink excessive
I. Identity and Financial Crimes alcohol and endure physical
beatings to join a gang.
41. Child Identity Theft – Using a
child’s identity for fraud.

42. Child Exploitation for Financial B. Sexual Crimes Against Children


Gain – Using a child to earn
money illegally, such as through 9. Child Sexual Abuse – A neighbor
scams. repeatedly molests a child when
their parents are away.

10. Child Rape – A stepfather forces


EXAMPLES: himself on his 10-year-old
stepdaughter.
A. Physical Crimes Against Children
11. Child Molestation – A teacher
1. Child Abuse – A father frequently
inappropriately touches a
beats his son, causing bruises
student during class.
and broken bones.
12. Child Grooming – A 40-year-old
2. Infanticide – A young mother,
man builds an online friendship
suffering from postpartum
with a 12-year-old girl and
depression, drowns her newborn
convinces her to meet in person.
in a bathtub.
13. Child Pornography – A syndicate
3. Filicide – A father poisons his
sells explicit videos of minors
children to get revenge on his
online.
wife during a divorce.
14. Online Sexual Exploitation of
4. Child Abandonment – A couple
Children (OSEC) – A woman
leaves their 3-year-old daughter
livestreams abuse of a child for
alone in a shopping mall and
foreign customers in exchange
never returns.
for money.
5. Negligent Homicide – A
15. Child Prostitution – A syndicate
babysitter leaves a baby locked in
kidnaps young girls and forces
a hot car, leading to fatal
them into sex work.
heatstroke.
16. Child Sex Trafficking – A 13-year-
6. Child Endangerment – A drunk
old girl is taken to another
mother drives recklessly with her
country and sold to a brothel.
child in the car.

7. Corporal Punishment – A
teacher punishes a student by C. Exploitation and Human Trafficking
hitting them with a stick, leaving
deep bruises. 17. Child Trafficking – A homeless
child is kidnapped and sold to a
factory for forced labor.
18. Child Labor Violations – A nude photos of a classmate,
company employs children under causing severe emotional
10 years old to work long hours distress.
in dangerous conditions.

19. Forced Begging – A criminal gang


forces street children to beg and E. Neglect and Failure to Protect
give all their earnings to the Children
group.
28. Child Neglect – A mother
20. Child Soldier Recruitment – A addicted to drugs leaves her child
rebel group abducts young boys alone for days without food or
and forces them to fight in armed care.
conflicts.
29. Medical Neglect – Parents refuse
21. Human Shielding of Minors – A to bring their child to the
terrorist group places kidnapped hospital, causing a treatable
children in front of their base to disease to become fatal.
prevent a military attack.
30. Educational Neglect – A father
22. Illegal Adoption (Baby Selling) – refuses to send his children to
A poor woman sells her newborn school, claiming education is a
to a wealthy couple without legal waste of time.
adoption papers.
31. Failure to Report Child Abuse – A
23. Baby Farming – A woman teacher notices a student has
secretly raises babies to sell them bruises but chooses not to report
for illegal adoption. it.

D. Psychological and Emotional F. Crimes Involving Kidnapping or


Crimes Restriction of Freedom

24. Emotional Abuse – A parent 32. Child Kidnapping – A stranger


continuously insults and lures a child into a van by offering
humiliates their child, calling candy and drives away.
them "useless" every day.
33. Parental Kidnapping – A
25. Parental Alienation – A mother divorced father takes his child
tells lies to her son, making him and moves to another country
hate his father. without the mother's consent.

26. Exposure to Domestic Violence – 34. Illegal Detention of a Minor – A


A child regularly witnesses their stepmother locks her
father physically abusing their stepdaughter in a dark room for
mother. days as punishment.

27. Bullying and Cyberbullying – A


group of students spreads fake
G. Harmful Traditional Practices

35. Forced Child Marriage – A 12-


year-old girl is forced to marry a
40-year-old man in exchange for
money.

36. Female Genital Mutilation


(FGM) – A young girl is taken to a
remote village where she
undergoes genital cutting against
her will.

37. Child Sacrifice and Ritual Abuse


– A religious cult kidnaps children
and performs sacrificial rituals.

H. Crimes Related to Drugs and


Criminal Activities

38. Corruption of Minors – A gang


recruits teenagers and forces
them to steal from stores.

39. Child Drug Trafficking – A 9-year-


old boy is used to smuggle illegal
drugs inside his schoolbag.

40. Forcing a Child to Commit a


Crime – A criminal orders a child
to shoplift because they are less
likely to get arrested.

I. Identity and Financial Crimes

41. Child Identity Theft – A scammer


steals a child’s identity to apply
“TO GIVE” RA No. 11313, also known as the Safe Spaces Act or "Bawal Bastos Act

Republic Act No. 11313, also known attendance to a Gender Sensitivity


as the Safe Spaces Act or the "Bawal Seminar to be conducted by the PNP
Bastos Law," aims to protect in coordination with the LGU and the
individuals from all forms of gender- PCW;
based sexual harassment in public
spaces, online, workplaces, and (2) The second offense shall be
educational institutions. It was signed punished by arresto menor (6 to 10
into law on April 17, 2019, and took days) or a fine of Three thousand
effect on August 3, 2019. pesos (₱3,000.00);

(3) The third offense shall be punished


Section 11. Specific Acts and
Penalties for Gender-Based Sexual by arresto menor (11 to 30 days) and
a fine of Ten thousand pesos
Harassment in Streets and Public
(₱10,000.00).
Spaces.
(b) For acts such as making offensive
-The following acts are unlawful and
body gestures at someone, and
shall be penalized as follows:
exposing private parts for the sexual
(a) For acts such as cursing, wolf- gratification of the perpetrator with
whistling, catcalling, leering and the effect of demeaning, harassing,
intrusive gazing, taunting, pursing, threatening or intimidating the
unwanted invitations, misogynistic, offended party including flashing of
transphobic, homophobic, and sexist private parts, public masturbation,
slurs, persistent unwanted comments groping, and similar lewd sexual
on one’s appearance, relentless actions –
requests for one’s personal details
such as name, contact and social (1) The first offense shall he punished
by a fine of Ten thousand pesos
media details or destination, the use
(₱10,000.00) and community service
of words, gestures or actions that
ridicule on the basis of sex, gender or of twelve (12) hours inclusive of
sexual orientation, identity and/or attendance to a Gender Sensitivity
expression including sexist, Seminar, to be conducted by the PNP
in coordination with the LGU and the
homophobic, and transphobic
PCW;
statements and slurs, the persistent
telling of sexual jokes, use of sexual (2) The second offense shall be
names, comments and demands, and punished by arresto menor (11 to 30
any statement that has made an days) or a fine of Fifteen thousand
invasion on a person’s personal space pesos (₱15,000.00);
or threatens the person’s sense of
personal safety – (3) The third offense shall be punished
by arresto mayor (1 month and 1 day
(1) The first offense shall be punished to 6 months) and a fine of Twenty
by a fine of One thousand pesos thousand pesos (₱20,000.00).
(₱1,000.00) and community service of
twelve (12) hours inclusive of
(c) For acts such as stalking, and any of Section 19. Liability of Employers.—
the acts mentioned in Section 11 In addition to liabilities for committing
paragraphs (a) and (b), when acts of gender-based sexual
accompanied by touching, pinching or harassment, employers may also be
brushing against the body of the held responsible for:
offended person; or any touching,
pinching, or brushing against the (a) Non-implementation of their
genitalia, face, arms, anus, groin, duties under Section 17 of this Act, as
breasts, inner thighs, face, buttocks or provided in the penal provisions; or
any part of the victim’s body even
(b) Not taking action on reported acts
when not accompanied by acts
of gender-based sexual harassment
mentioned in Section 11 paragraphs
committed in the workplace.
(a) and (b) –
Any person who violates subsection
(1) The first offense shall be punished
(a) of this section, shall upon
by arresto rnenor (11 to 30 days) or a
conviction, be penalized with a fine of
line of Thirty thousand pesos
not less than Five thousand pesos
(₱30,000.00), provided that it includes
(₱5,000.00) nor more than Ten
attendance in a Gender Sensitivity
thousand pesos (₱10,000.00).
Seminar, to be conducted by the PNP
in coordination with the LGU and the Any person who violates subsection
PCW; (b) of this section, shall upon
conviction, be penalized with a fine of
(2) The second offense shall be
not less than Ten thousand pesos
punished by arresto mayor (1 month
(₱10,000.00) nor more than Fifteen
and 1 day to 6 months) or a fine of
thousand pesos (₱15,000.00).
Fifty thousand pesos (₱50,000.00);

(3) The third offense shall be punished Section 23. Liability of School
by arresto mayor in its maximum Heads.— In addition to liability for
committing acts of gender-based
period or a fine of One hundred
sexual harassment, principals, school
thousand pesos (₱100,000.00).
heads, teachers, instructors,
Section 14. Penalties for Gender- professors, coaches, trainers, or any
Based Online Sexual Harassment. odier person who has authority,
influence or moral ascendancy over
-The penalty of prision correccional in another in an educational or training
its medium period or a fine of not less institution may also be held
than One hundred thousand pesos responsible for:
(₱100,000.00) but not more than Five
hundred thousand pesos (a) Non-implementation of their
(₱500,000.00), or both, at the duties under Section 22 of this Act, as
discretion of the court shall be provided in the penal provisions; or
imposed upon any person found guilty
(b) Failure to act on reported acts of
of any gender-based online sexual
gender-based sexual harassment
harassment.
committed in the educational
institution. Any person who violates
subsection
(a) of this section, shall upon
conviction, be penalized with a fine of
not less than Five thousand pesos
(₱5,000.00) nor more than Ten
thousand pesos (₱10,000.00). Any
person who violates subsection

(b) of this section, shall upon


conviction, be penalized with a fine of
not less than Ten thousand pesos
(₱10,000.00) nor more than Fifteen
thousand pesos (₱15,000.00).

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