REPUBLIC ACT NO.

9165 June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity involved, including
any and all species of opium poppy or any part thereof or substances derived therefrom
even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the Philippines
any dangerous drug and/or controlled precursor and essential chemical through the use
of a diplomatic passport, diplomatic facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of

any dangerous drug and/or controlled precursor and essential chemical transpires
within one hundred (100) meters from the school, the maximum penalty shall be
imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemical trade, the maximum penalty
shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a

dangerous drug and/or a controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive or resort where any dangerous drug is used or sold in
any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is allowed
to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the penalty of death and a fine ranging from One
million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the
maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on the part of the owner
to use the property for such purpose: Provided, finally, That the owner shall be included
as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.

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

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:

(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 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall engage in the manufacture of
any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory

equipment in the clandestine laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall illegally divert any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person who shall deliver, possess with intent to deliver, or manufacture with intent
to deliver equipment, instrument, apparatus and other paraphernalia for dangerous
drugs, knowing, or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical in violation of this
Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall possess any dangerous drug in the following quantities, regardless of the
degree of purity thereof:

(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", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (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.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty
(50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, 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; or three hundred (300) grams or more but less than
five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, 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; or
less than three hundred (300) grams of marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia

for Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed upon 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:
Provided, That in the case of medical practitioners and various professionals who are
required to carry such equipment, instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the necessary implementing
guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph 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 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

Meetings. – Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two (2) persons,
shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of
the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia

for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum
penalty provided for in Section 12 of this Act shall be imposed upon any person, who
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, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons.

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 six (6) months rehabilitation in a government center
for the first offense, subject to the provisions of Article VIII of this Act. If apprehended
using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00): 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. - The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon 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: Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture marijuana, opium poppy and other
plants, or materials of such dangerous drugs for medical experiments and research
purposes, or for the creation of new types of medicine, the Board shall prescribe the
necessary implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State, unless
the owner thereof can prove lack of knowledge of such cultivation or culture despite the
exercise of due diligence on his/her part. If the land involved is part of the public
domain, the maximum penalty provided for under this Section shall be imposed upon
the offender.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor,
dealer or retailer who violates or fails to comply with the maintenance and keeping of
the original records of transactions on any dangerous drug and/or controlled precursor
and essential chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are involved in the
care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of
Dangerous Drugs and/or Precursors and Essential Chemicals. – Every penalty imposed
for the unlawful importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants which are sources
of dangerous drugs, and the possession of any equipment, instrument, apparatus and
other paraphernalia for dangerous drugs including other laboratory equipment, shall
carry with it the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the unlawful act, including, but not limited to,
money and other assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a third person not
liable for the unlawful act, but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all the
proceeds of the offense and all the assets and properties of the accused either owned
or held by him or in the name of some other persons if the same shall be found to be
manifestly out of proportion to his/her lawful income: Provided, however, That if the
forfeited property is a vehicle, the same shall be auctioned off not later than five (5)
days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated
or transferred and the same shall be in custodia legis and no bond shall be admitted for
the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under
this Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.

Section 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 drugs shall,
immediately after seizure and confiscation, physically inventory 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, a representative from
the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to
the PDEA Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done
under oath by the forensic laboratory examiner, shall be issued within twenty-four (24)
hours after the receipt of the subject item/s: Provided, That when the volume of the
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 on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of 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,
a representative from the media and the DOJ, civil society groups and any elected
public official. The Board shall draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be borne by the offender:
Provided, That those item/s of lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the case.
In all instances, the representative sample/s shall be kept to a minimum quantity as
determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to

personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or fails to
appoint a representative after due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney's office
to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request the court for leave to turn
over the said representative sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition,
and burning or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.

Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend
to the concerned government agency the grant of compensation, reward and award to
any person providing information and to law enforcers participating in the operation,
which results in the successful confiscation, seizure or surrender of dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals.

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.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. –
Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the Probation
Law or Presidential Decree No. 968, as amended.

Section 25. 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.

Section 27. Criminal Liability of a Public Officer or Employee 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. – The penalty of
life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for confiscated, seized 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 acts as provided for in
this Act.

Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial
or material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including
government-owned or –controlled corporations.

Section 28. Criminal Liability of Government Officials and Employees. – The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.

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.

Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or

Other Juridical Entities. – In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager,
trustee, estate administrator, or officer who consents to or knowingly tolerates such
violation shall be held criminally liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or
other facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is
owned by or under the control or supervision of the partnership, corporation, association
or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties
prescribed in the unlawful act committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported immediately without further
proceedings, unless the penalty is death.

Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation duly
issued by the Board pursuant to this Act, in addition to the administrative sanctions
imposed by the Board.

Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the

provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act
of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this
Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act as well as any violation of the offenses mentioned if
committed by a drug syndicate, or any information leading to the whereabouts, identities
and arrest of all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment for the
offense with reference to which his/her information of testimony were given, and may
plead or prove the giving of such information and testimony in bar of such prosecution:
Provided, That the following conditions concur:

(1) The information and testimony are necessary for the conviction of the persons
described above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who
does not appear to be most guilty for the offense with reference to which his/her
information or testimony were given: Provided, finally, That there is no direct evidence
available for the State except for the information and testimony of the said informant or
witness.

Section 34. Termination of the Grant of Immunity. – The immunity granted to the
informant or witness, as prescribed in Section 33 of this Act, shall not attach should it
turn out subsequently that the information and/or testimony is false, malicious or made
only for the purpose of harassing, molesting or in any way prejudicing the persons
described in the preceding Section against whom such information or testimony is
directed against. In such case, the informant or witness shall be subject to prosecution
and the enjoyment of all rights and benefits previously accorded him under this Act or
any other law, decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her immunity shall be removed
and he/she shall likewise be subject to contempt and/or criminal prosecution, as the
case may be, and the enjoyment of all rights and benefits previously accorded him
under this Act or in any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of
this Section hereof, such individual cannot avail of the provisions under Article VIII of
this Act.

Section 35. Accessory Penalties. – A person convicted under this Act shall be
disqualified to exercise his/her civil rights such as but not limited to, the rights of
parental authority or guardianship, either as to the person or property of any ward, the
rights to dispose of such property by any act or any conveyance inter vivos, and political
rights such as but not limited to, the right to vote and be voted for. Such rights shall also
be suspended during the pendency of an appeal from such conviction.