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    RA 9165 and RA 10640

    Uploaded by

    Yakisoba Ramen
    This document defines key terms related to dangerous drugs and controlled substances under Philippine law. It provides definitions for terms like "administer", "controlled delivery", "cultivate", "dangerous drugs", "drug syndicate", and "pusher". It also outlines sections of the law regarding possession and use of drugs, plea-bargaining restrictions, and amends provisions on the custody and disposition of seized drugs, precursors, and paraphernalia by law enforcement.

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    RA 9165 and RA 10640

    Uploaded by

    Yakisoba Ramen
    163 views4 pages
    This document defines key terms related to dangerous drugs and controlled substances under Philippine law. It provides definitions for terms like "administer", "controlled delivery", "cultivate", "dangerous drugs", "drug syndicate", and "pusher". It also outlines sections of the law regarding possession and use of drugs, plea-bargaining restrictions, and amends provisions on the custody and disposition of seized drugs, precursors, and paraphernalia by law enforcement.

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    Negotiable Instruments Law

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    This document defines key terms related to dangerous drugs and controlled substances under Philippine law. It provides definitions for terms like "administer", "controlled delivery", "cultivate", "dangerous drugs", "drug syndicate", and "pusher". It also outlines sections of the law regarding possession and use of drugs, plea-bargaining restrictions, and amends provisions on the custody and disposition of seized drugs, precursors, and paraphernalia by law enforcement.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    163 views4 pages

    RA 9165 and RA 10640

    Uploaded by

    Yakisoba Ramen
    This document defines key terms related to dangerous drugs and controlled substances under Philippine law. It provides definitions for terms like "administer", "controlled delivery", "cultivate", "dangerous drugs", "drug syndicate", and "pusher". It also outlines sections of the law regarding possession and use of drugs, plea-bargaining restrictions, and amends provisions on the custody and disposition of seized drugs, precursors, and paraphernalia by law enforcement.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Definition of terms

    Administer​. – Any act of introducing any dangerous drug into the body of any person, with
    or without his/her knowledge, by injection, inhalation, ingestion or other means, or administer
    by a duly licensed practitioner for purpose of medication (paglagay ng drugs sa sistem via
    sarili, dealer or if legally acquired, doctor)

    Board​- refers to the Dangerous Drugs Board

    Clandestine Laboratory​- any facility used for the illegal manufacture of any dangerous
    drugs and/or controlled precursor and essential chemical (secret lab kung saan gumagawa
    ng drugs)

    Controlled Delivery​- The investigative technique of allowing an unlawful or suspect


    consignment of any dangerous drug and/or controlled precursor and essential chemical,
    equipment or paraphernalia, or property believed to be derived directly or indirectly from any
    offense, to pass into, through or out of the country under the supervision of an authorized
    officer, with a view to gathering evidence to identify any person involved in any dangerous
    drugs related offense (parang set up ng pulis para mahuli yung source ng drugs)

    Controlled Precursors and Essential Chemicals - include those listed in tables I and I of
    the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
    (example: Safrole precursor Methylenedioxy methamphetamine or MDMA or Ecstacy

    Cultivate or Culture - Any act of knowingly planting, growing, raising or permitting the
    planting, growing or raising of any plant which is the source of a dangerous drug (example:
    Cannabis Indica, Cannabis Sativa, Opium Poppy)

    Dangerous Drugs​- Includes those listed in the 1961 Single Convention on Narcotic Drugs,
    as amendewd by the 1972 Protocol and in the 1971 SIngle Convention on Psychotropic
    Substances

    Planting of Evidence. – 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.

    Psychotropic Substances -Hallucigenic or psychedelic drugs (Example: Ecstacy,


    hallucigenic Mushrooms)

    Drug Syndicate​- any organized group of 2 or more persons forming or joining together with
    the intention of committing any offense prescribe in this Act (parang syndicate ni Pablo
    escobar hahaha)
    Illegal Trafficking​- the illegal cultivation, culture, deliver, administration, dispensation,
    manufacture, sale, trading, transportation, distribution etc of any dangerous drugs and
    controlled precursor and essential chemicals

    Cannabis ​- Also known as Marijuana or Indian hemp. Embraces every kind, class, genus or
    specie of the plant Cannabis Sativa, Cannabis Indica etc etc

    Methylenedixoymethamphetamine(MDMA)​- also known as Ecstacy refers to the drugs


    having such chemical composition

    Methamphetamine Hydrochloride​- also known as Shabu or Meth refers to the drug having
    such chemical compostion

    Opium ​- refers to the coagulated juice of the opium poppy. Embraces every kind, class and
    character of opium

    Papaver somniferum​- also known as Opium Poppy, any part of the plant of the species
    which includes the seeds, straws, branches, leaves or any part

    PDEA​- Philippine Drug Enforcement Agency

    Pusher- Any person who sell,s trades, administers, dispenses, delivers or give away to
    another, on any terms whatsoever, or distributes, dispatchers in transit or transport
    dangerous drugs (Nagbebenta ng drugs)

    Section 11 Possession of Dangerous Drugs


    40 years imprisonment 500k to 10m fine
    10 grams or more of opium, morphine, heroin. cocaine or marijuana resin or oil
    50 grams or more of shabu
    500 grams or more of marijuana

    10 grams or more but less than 50 for shabu - 40 years 400k to 500k

    5 grams or more but less than 10 for opium, morphine, heroine, cocaine, marijuna oil 300
    grams to not more than 500 grams of marijuna-
    20 years 1 day to 40 years 400k to 500k fine

    less than 5 grams of opium, morphine, heroin, cocaine, marijuana oil, shabu and other drugs
    less than 300 grams of marijuana
    12 years and 1 d to 20years 300k-400k fine

    section 15 Use of Dangerous Drugs


    if the person apprehended or arrested, who is found positive for use of any dangerous drug
    after a confirmatory test (drug test) 6 months of rehab for first offense, 6 years and 1 day to
    12 years and 1 day for second offense
    NOTE: This Section shall not be applicable where the person tested is also found to have in
    his/her possession such quantitay provided in section11 of the act

    Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act
    regardless of the imposable penalty shall not be allowed to avail of the provision on
    plea-bargaining.

    Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under


    the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the
    contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
    circumstance in the commission of a crime by an offender, and the application of the penalty
    provided for in the Revised Penal Code shall be applicable.

    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 as provided under this Act:

    (a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
    (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
    dangerous drug and/or controlled precursor and essential chemical;
    (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.

    RA 10640
    SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the “Comprehensive
    Dangerous Drugs Act of 2002″, is hereby amended to read as follows:

    “SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
    Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
    Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
    have custody of all dangerous drugs, plant sources of dangerous drugs, controlled
    precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
    equipment so confiscated, seized and/or surrendered, for proper disposition in the following
    manner:

    “(1) The apprehending team having initial custody and control of the dangerous drugs,
    controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
    equipment shall, immediately after seizure and confiscation, conduct a physical inventory of
    the seized items and photograph the same in the presence of the accused or the person/s
    from whom such items were confiscated and/or seized, or his/her representative or counsel,
    with an elected public official and a representative of the National Prosecution Service or the
    media who shall be required to sign the copies of the inventory and be given a copy thereof:
    Provided, That the physical inventory and photograph shall be conducted at the place where
    the search warrant is served; or at the nearest police station or at the nearest office of the
    apprehending officer/team, whichever is practicable, in case of warrantless seizures:
    Provided, finally, That noncompliance of these requirements under justifiable grounds, as
    long as the integrity and the evidentiary value of the seized items are properly preserved by
    the apprehending officer/team, shall not render void and invalid such seizures and custody
    over said items.

    “x x x

    “(3) A certification of the forensic laboratory examination results, which shall be done by the
    forensic laboratory examiner, shall be issued immediately upon the receipt of the subject
    item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous
    drugs, and controlled precursors and essential chemicals does not allow the completion of
    testing within the time frame, a partial laboratory examination report shall be provisionally
    issued stating therein the quantities of dangerous drugs still to be examined by the forensic
    laboratory: Provided, however, That a final certification shall be issued immediately upon
    completion of the said examination and certification;

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