Criminal Law in the PH, Slides of Law

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Declaration of Policy/Principles

Section 2. Declaration of Policy. – It is the policy of the State to safeguard the integrity of

its territory and the well-being of its citizenry particularly the youth, from the harmful effects

of dangerous drugs on their physical and mental well-being, and to defend the same

against acts or omissions detrimental to their development and preservation. In view of

the foregoing, the State needs to enhance further the efficacy of the law against

dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign

against the trafficking and use of dangerous drugs and other similar substances through

an integrated system of planning, implementation and enforcement of anti-drug abuse

policies, programs, and projects. The government shall however aim to achieve a balance

in the national drug control program so that people with legitimate medical needs are not

prevented from being treated with adequate amounts of appropriate medications, which

include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures

to re-integrate into society individuals who have fallen victims to drug abuse or dangerous

drug dependence through sustainable programs of treatment and rehabilitation

Definition of Terms

Terms Used in the Act

(a) 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 of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. (b) Board. - Refers to the Dangerous Drugs Board under Section 77 , Article IX of this Act. (c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34 , Article VIII of this Act. (d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. (e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical

Terms Used in the Act

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. (l) 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. (m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription. (n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. (o) Drug Syndicate. – Any organized group of two ( 2 ) or more persons forming or joining together with the intention of committing any offense prescribed under this Act. (p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

Terms Used in the Act

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act. (r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. (s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. (t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute. (u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.

Terms Used in the Act

(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82 , Article IX of this Act. (bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations. (cc) 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. (dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines. (ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

Terms Used in the Act

(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act. (gg) School. – Any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site. (hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result. (ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration. (jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act. (kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drugs.

Section 4: Unlawful Acts and Penalty

Penalty: Life imprisonment to death and a fine ranging from Five hundred thousand pesos

(P 500 , 000. 00 ) to Ten million pesos (P 10 , 000 , 000. 00 )

• Importation or bringing of any dangerous drug into the Philippines
• Importation or bringing of any dangerous drug and/or controlled precursor and essential

chemical with the use of a diplomatic passport, diplomatic facilities or any other means

involving his/her official status intended to facilitate the unlawful entry

• Organizing, managing or acting as a "financier" of any of the illegal activities mentioned

above

Penalty: Imprisonment ranging from twelve ( 12 ) years and one ( 1 ) day to twenty ( 20 )

years and a fine ranging from One hundred thousand pesos (P 100 , 000. 00 ) to Five

hundred thousand pesos (P 500 , 000. 00 )

• Import of any controlled precursor and essential chemical
• Acting as a "protector/coddler" of any violator of the provisions under Section 4

Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Penalty: Imprisonment ranging from twelve ( 12 ) years and one ( 1 ) day to twenty ( 20 ) years and a fine ranging from One hundred thousand pesos (P 100 , 000. 00 ) to Five hundred thousand pesos (P 500 , 000. 00 )

• Sell, Trade, Administer, Dispense, Deliver, Give Away to Another, Distribute, Dispatch in Transit or Transport any controlled precursor or essential chemical or shall be a broker.
• Acting as a "protector/coddler" of any violator of the provisions under Section 5

Section 5: Unlawful Acts

Animus Possidendi or In Possession of Dangerous Drugs

• Republic Act
• Comprehensive Dangerous Drugs Act of
• Case Law: People vs Manalo G.R. No.

Facts:

• Accused Angelita Manalo was arrested during a buy-bust operation led by the Dangerous Drugs Enforcement Division (DDED) of the Pasig Police Station on January 24 , 1992 at Rotonda, Caniogan, Pasig.
• Accused Manalo has history of drug-trafficking activities since June 1990.
• Found in her possession was the P 100 bill given to her by PO 2 Corpuz poseur- buyer), a deck of "shabu," a sealed plastic bag which contained an undetermined amount of suspected "shabu," another plastic bag containing an undetermined amount of suspected marijuana leaves and an improvised glass tooter containing suspected "shabu" residue bodily searched by PO 2 June Valencia
• Angelita Manalo was charged in two ( 2 ) separate Informations with violations of Republic Act 6425 , particularly: Section 8 , Article II for possession or use of prohibited drugs, and; Section 15 , Article III for sale of regulated drugs without authority file at RTC Pasig.

People vs Manalo G.R. No. 107623