REPUBLIC ACT 9165 PDF

Section 1. Short Title. Section 2. Declaration of Policy.

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Section 1. Short Title. Section 2. Declaration of Policy. 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. Section 3. As used in this Act, the following terms shall mean:. Unlawful Acts and Penalties. Section 4. The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos P, 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 P, 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 P, Section 5. 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.

Section 6. Maintenance of a Den, Dive or Resort. 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,, 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 penalty twelve 12 years and one 1 day to twenty 20 years of imprisonment and a fine ranging from One hundred thousand pesos P, Section 7. Employees and Visitors of a Den, Dive or Resort. Section 8. 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:. Section 9. Section 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, 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.

Possession of Dangerous Drugs. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:. Use of Dangerous Drugs. If the land involved is part of the public domain, the maximum penalty provided for under this Section shall be imposed upon the offender. Unnecessary Prescription of Dangerous Drugs. Unlawful Prescription of Dangerous Drugs. 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. Grant of Compensation, Reward and Award.

Plea-Bargaining Provision. Attempt or Conspiracy. 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.

Criminal Liability of Government Officials and Employees. Criminal Liability for Planting of Evidence. 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.

Additional Penalty if Offender is an Alien. Immunity from Prosecution and Punishment. Termination of the Grant of Immunity. 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 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. Accessory Penalties. Such rights shall also be suspended during the pendency of an appeal from such conviction.

Dangerous Drugs Test and Record Requirements. Authorized Drug Testing. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two 2 testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test.

Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing:. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article of the Labor Code and pertinent provisions of the Civil Service Law;.

In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act. Accreditation of Drug Testing Centers and Physicians.

The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent.

There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose. For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision.

A certified true copy of such record covering a period of six 6 months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen 15 days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one 1 year from the date of sale or delivery of such drug.

One 1 copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may, by rules and regulations, require.

Such forms shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three 3 days after issuing such prescription, inform the DOH of the same in writing.

No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled. Such records may be subjected anytime for review by the Board. Involvement of the Family.

Student Councils and Campus Organizations. School Curricula. Such instructions shall include:. Heads, Supervisors, and Teachers of Schools.

They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers. Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.

Publication and Distribution of Materials on Dangerous Drugs. Special Drug Education Center. Such Center which shall be headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse.

The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children. Drug-Free Workplace. With the assistance of the Board, the Department of Labor and Employment DOLE shall develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten 10 or more employees.

Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act. Labor Organizations and the Private Sector. Government Assistance.

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Get the latest information from CDC coronavirus. Cuivillas Arnel M. This study dealt with the effect of the volume of drug cases before and after implementation of the Republic Act RA , otherwise known as the Dangerous Drugs Act of The aim of the study was to determine whether RA differed significantly from RA during their implementation. Therefore, the study examined the last 5 years of implementation of RA and the first 5 years of implementation of RA The study employed a descriptive survey using a questionnaire checklist, which was handed to randomly selected detainees of the Dipolog City Reformatory Center. Documented data on the head counts of drug-related cases filed in the police station and the volume of detained persons due to drugs in the city jail and reformatory center also were utilized.

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The Dangerous Drugs Act sets strict admission requirements for rehabilitation programs, because there were fewer drug surrenderers when the law was passed. Among the dangerous drugs seized are 2, pieces of Valium Diazepam, 3 amber glass vials of Ketamine Hydrochloride, and 10 pieces of Fentanyl Citrate. It s my honor to be jailed for the principles I am fighting for says the fiercest critic of President Rodrigo Duterte. Parents are advised to have conversations with their children about sex and drugs based on science based information rather than scare tactics.

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Section 1. Short Title. Section 2. Declaration of Policy.

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