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Criminology Board Exam Reviewer

Module 5.1: Republic Act No. 9165 - The Comprehensive Dangerous Drugs Act of 2002

This module provides a comprehensive review of Republic Act No. 9165, a cornerstone legislation in Philippine Criminology, specifically for aspirants of the Criminologist Licensure Examination.

1. Definition of Dangerous Drugs

Under R.A. 9165, Dangerous Drugs are defined as those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances. The term includes any drug that produces a physiological or psychological dependence, as well as any substance that has the capacity to produce a similar effect.

Key Examples:

  • Methamphetamine Hydrochloride (Shabu)
  • Cannabis (Marijuana)
  • Cocaine (Cocaine Hydrochloride)
  • MDMA (Ecstasy)
  • Opium and its derivatives (Morphine, Heroin)

2. Schedules of Dangerous Drugs

R.A. 9165 and the Dangerous Drugs Board (DDB) classify dangerous drugs into lists or "schedules" based on their potential for abuse, medical utility, and safety standards. These schedules are heavily based on international conventions.

  • Schedule I: High potential for abuse, no currently accepted medical use (e.g., Marijuana, MDMA).
  • Schedule II: High potential for abuse, but with currently accepted medical use with severe restrictions (e.g., Cocaine, Methamphetamine).
  • Schedule III: Less potential for abuse than Schedule I & II drugs, with accepted medical use (e.g., Ketamine).
  • Schedule IV: Low potential for abuse relative to Schedule III drugs (e.g., Diazepam/Valium).
  • Schedule V: Low potential for abuse relative to Schedule IV drugs (e.g., preparations containing limited quantities of certain narcotics).

3. Key Drug Offenses and Penalties

Penalties under R.A. 9165 are primarily determined by the type and quantity of the drug involved.

Offense Drug & Quantity Penalty
Sale, Trading, Distribution (Sec. 5) Any quantity Life Imprisonment to Death + Fine (₱500k-₱10M)
Possession (Sec. 11) Shabu/Cocaine/Heroin: 10g or more Life Imprisonment to Death + Fine (₱500k-₱10M)
Shabu/Cocaine/Heroin: 5g to <10g 20 yrs & 1 day to Life Imprisonment + Fine (₱400k-₱500k)
Shabu/Cocaine/Heroin: <5g 12 yrs & 1 day to 20 yrs + Fine (₱300k-₱400k)
Marijuana: 500g or more Life Imprisonment to Death + Fine (₱500k-₱10M)
Marijuana: 300g to <500g 20 yrs & 1 day to Life Imprisonment + Fine (₱400k-₱500k)
Marijuana: <300g 12 yrs & 1 day to 20 yrs + Fine (₱300k-₱400k)
Use of Dangerous Drugs (Sec. 15) First Offense (Positive Drug Test) Minimum 6 months rehabilitation in a government center
Second Offense Imprisonment (6 yrs & 1 day to 12 yrs) + Fine (₱50k-₱200k)
  • Cultivation or Culture of Plants (Sec. 16): Life Imprisonment to Death + Fine (₱500k-₱10M).
  • Manufacture of Dangerous Drugs (Sec. 8): Life Imprisonment to Death + Fine (₱500k-₱10M).

4. Chain of Custody Requirements (Section 21)

The chain of custody is the duly recorded authorized movements and custody of seized drugs from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court until destruction. Failure to comply with the procedure is a common cause for the dismissal of drug cases.

Mandatory Procedure (as amended by R.A. 10640):

  1. Immediate Inventory and Photograph: The seized items must be inventoried and photographed immediately at the place of seizure.
  2. Presence of Witnesses: This must be done in the presence of: a. The accused or his/her representative or counsel. b. An elected public official. c. A representative from the National Prosecution Service (NPS) OR the media. (Note: The original R.A. 9165 required both NPS/DOJ and media representatives.)
  3. Justifiable Grounds for Exception: If the inventory cannot be done at the place of seizure, it may be done at the nearest police station or the nearest office of the apprehending officer/team, provided that the integrity and evidentiary value of the items are preserved. The reason for the deviation must be stated in the police report.

5. Buy-Bust Operations

A buy-bust operation is a form of entrapment used by law enforcement to catch a person in the act of selling dangerous drugs.

Elements of a Valid Buy-Bust:

  1. The poseur-buyer who is an officer of the law.
  2. Marked money used in the transaction.
  3. The delivery of the dangerous drug to the poseur-buyer.
  4. The payment with the marked money.
  5. The arrest of the seller.

Entrapment vs. Instigation:

  • Entrapment (Legal): The officer merely facilitates the opportunity for a person already intending to commit a crime. The criminal intent originates from the accused.
  • Instigation (Illegal): The officer actively induces a person to commit a crime that they would not otherwise have committed. The criminal intent originates from the officer. This is a valid defense and absolves the accused.

6. PDEA Functions

The Philippine Drug Enforcement Agency (PDEA) is the lead anti-drug law enforcement agency, responsible for the efficient and effective implementation of R.A. 9165.

Key Functions (Section 84):

  • Implement and enforce the provisions of R.A. 9165.
  • Coordinate and supervise all drug enforcement activities of other law enforcement agencies.
  • Investigate all persons suspected of violating the Act.
  • Arrest and apprehend all violators and seize the effects of the crime.
  • Create and maintain a national drug intelligence network.
  • Administer the custodial management of all seized dangerous drugs.
  • Foster international cooperation in fighting drug trafficking.

7. Plea Bargaining in Drug Cases

Following the Supreme Court ruling in Estipona v. Lobrigo (2017), plea bargaining is now allowed in certain drug cases. The Court established a specific framework for acceptable plea bargains.

Offense Charged (Sec) Quantity Acceptable Plea Bargain (Sec)
Sec. 11 (Possession) 0.01g to 0.99g shabu Sec. 12 (Possession of Paraphernalia)
Sec. 11 (Possession) 5g to 9.99g shabu Sec. 11 (Possession of <5g)
Sec. 11 (Possession) 300g to 499g marijuana Sec. 11 (Possession of <300g)
Sec. 5 (Sale) 0.01g to 0.99g shabu Sec. 12 (Possession of Paraphernalia)

Note: Plea bargaining is not allowed for the sale of 1.00 gram or more of shabu/marijuana, or for possession of 10 grams or more of shabu. This framework is subject to changes by the Supreme Court.

8. Multiple Choice Questions (MCQ)

  1. What is the primary law that governs dangerous drugs in the Philippines? a) R.A. 6425 b) R.A. 9165 c) R.A. 10640 d) R.A. 9211

  2. Under R.A. 9165, which agency is designated as the lead anti-drug law enforcement agency? a) Philippine National Police (PNP) b) National Bureau of Investigation (NBI) c) Philippine Drug Enforcement Agency (PDEA) d) Dangerous Drugs Board (DDB)

  3. What is the penalty for the sale, trading, or distribution of any quantity of shabu? a) 12 to 20 years imprisonment b) 20 years to life imprisonment c) Life imprisonment to death and a fine d) Reclusion perpetua

  4. A person is caught in possession of 8 grams of methamphetamine hydrochloride (shabu). What crime did he commit? a) Violation of Sec. 5 of R.A. 9165 b) Violation of Sec. 11 of R.A. 9165 c) Violation of Sec. 12 of R.A. 9165 d) Violation of Sec. 15 of R.A. 9165

  5. What is the penalty for a first-time offender who is found positive for drug use after a confirmatory test? a) 6 months imprisonment b) 1 year of community service c) A minimum of 6 months in a government rehabilitation center d) A fine of ₱50,000

  6. The duly recorded authorized movements and custody of seized drugs is referred to as: a) Chain of Command b) Chain of Custody c) Logistical Trail d) Evidence Pathway

  7. As amended by R.A. 10640, the inventory and photograph of seized drugs must be conducted in the presence of the accused and which other two witnesses? a) Media and DOJ representative b) Elected official and Media representative c) Elected official and DOJ or Media representative d) Barangay Captain and Chief of Police

  8. In a buy-bust operation, what is the term for the officer who pretends to be a buyer of drugs? a) Undercover agent b) Poseur-buyer c) Decoy d) Asset

  9. When an officer induces an innocent person to commit a crime they would not otherwise commit, this is known as: a) Entrapment b) Instigation c) Inducement d) Conspiracy

  10. What is the minimum quantity of marijuana that carries the penalty of life imprisonment for possession? a) 300 grams b) 500 grams c) 750 grams d) 1,000 grams

  11. Cultivation of marijuana plants is a violation of which section of R.A. 9165? a) Section 5 b) Section 11 c) Section 16 d) Section 8

  12. The act of knowingly passing a drug test for another person is punishable under: a) Section 15 b) Section 38 c) Section 7 d) Section 12

  13. According to the plea-bargaining framework, a person charged with possession of 0.50 grams of shabu may be allowed to plead guilty to what lesser offense? a) Section 15 (Drug Use) b) Section 12 (Possession of Paraphernalia) c) Community Service d) No plea bargain is allowed

  14. The policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control is the: a) PDEA b) DDB c) DOH d) DILG

  15. What is the legal term for cannabis or marijuana? a) Methamphetamine Hydrochloride b) Cannabis Sativa L. c) Papaver Somniferum d) Erythroxylon Coca

  16. The penalty for possession of less than 5 grams of shabu is: a) 6 yrs & 1 day to 12 yrs b) 12 yrs & 1 day to 20 yrs c) 20 yrs & 1 day to Life Imprisonment d) Life Imprisonment

  17. If the inventory and photography of seized drugs cannot be done at the place of seizure, where can it be conducted? a) At the Office of the Prosecutor b) At the nearest police station or office of the apprehending team c) At the crime laboratory d) It must always be at the place of seizure without exception

  18. A second-time offender for drug use shall be punished with: a) 6 months rehabilitation b) 1 to 6 years imprisonment c) 6 years and 1 day to 12 years imprisonment d) 12 years and 1 day to 20 years imprisonment

  19. The manufacturing of dangerous drugs is penalized under what section of RA 9165? a) Section 5 b) Section 8 c) Section 11 d) Section 16

  20. A law enforcement operation where an officer poses as a buyer to catch a drug pusher is a form of: a) Instigation b) In flagrante delicto arrest c) Entrapment d) Search and Seizure

  21. What is the required number of witnesses for the chain of custody under the original text of R.A. 9165 (before the amendment)? a) 2 b) 3 c) 4 (Accused, Elected Official, DOJ, Media) d) 1

  22. Possession of 10 grams of shabu is punishable by: a) 12 to 20 years b) 20 years to life imprisonment c) Life imprisonment to death d) Reclusion perpetua

  23. The Supreme Court case that declared the prohibition against plea bargaining in R.A. 9165 as unconstitutional is: a) People vs. Lim b) Estipona vs. Lobrigo c) People vs. Holgado d) Sanchez vs. People

  24. Possession of any paraphernalia intended for using dangerous drugs is a violation of: a) Section 11 b) Section 12 c) Section 13 d) Section 14

  25. The Implementing Rules and Regulations (IRR) of R.A. 9165 were formulated by: a) The Philippine Senate b) The Office of the President c) The DDB and PDEA, in consultation with other agencies d) The Supreme Court

Answer Key

  1. b) R.A. 9165
  2. c) Philippine Drug Enforcement Agency (PDEA)
  3. c) Life imprisonment to death and a fine
  4. b) Violation of Sec. 11 of R.A. 9165 (Possession, 5g to <10g)
  5. c) A minimum of 6 months in a government rehabilitation center
  6. b) Chain of Custody
  7. c) Elected official and DOJ or Media representative
  8. b) Poseur-buyer
  9. b) Instigation
  10. b) 500 grams
  11. c) Section 16
  12. c) Section 7 (Knowingly planting evidence) is the most proximate, though Sec. 38 covers fraudulent drug testing. For board purposes, this points to illegal acts related to testing.
  13. b) Section 12 (Possession of Paraphernalia)
  14. b) DDB (Dangerous Drugs Board)
  15. b) Cannabis Sativa L.
  16. b) 12 yrs & 1 day to 20 yrs
  17. b) At the nearest police station or office of the apprehending team
  18. c) 6 years and 1 day to 12 years imprisonment
  19. b) Section 8
  20. c) Entrapment
  21. c) 4 (Accused, Elected Official, DOJ, Media)
  22. c) Life imprisonment to death
  23. b) Estipona vs. Lobrigo
  24. b) Section 12
  25. c) The DDB and PDEA, in consultation with other agencies

End of Module