SPECIAL PENAL LAWS MIDTERM COVERAGE
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(R.A. 9165)
Punishable acts
1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
(a) 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;
(b) Import any controlled precursor and essential chemical;
(c) 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;
(d) Organizes, manages or acts as a "financier" of any of the illegal activities; and
(e) Acts as a "protector/coddler" of any violator of the provisions under this Section. (Sec. 4).
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
(a) 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.
(b) 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.
(c) 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.
(d) Organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section. Act as a "protector/coddler" of any violator (Sec. 5).
3. Maintenance of a Den, Dive or Resort
a) Maintain a den, dive or resort where any dangerous drug, or controlled
precursor and essential chemical is used or sold in any form.
b) Where any dangerous drug is administered, delivered or sold to a minor who
is allowed to use the same in such a place.
c) 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 shall be
imposed on the maintainer, owner and/or operator.
d) Organize, manage or act as a "financier"
e) Act as a "protector/coddler" of any violator (Section 6).
4. Employees and Visitors of a Den, Dive or Resort
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 (Sec. 7).
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5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
a) Engage in the manufacture of any dangerous drug, 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:
(1) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s:
(2) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(3) Any clandestine laboratory was secured or protected with booby traps;
(4) Any clandestine laboratory was concealed with legitimate business operations; or
(5) Any employment of a practitioner, chemical engineer, public official or foreigner.
b) Organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
c) Acts as a "protector/coddler" of any violator (Section 8).
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
a) Illegally divert any controlled precursor and essential chemical (Sec. 9).
7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
a) 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;
b) if the equipment, instrument, apparatus and other paraphernalia will be used to inject,
ingest, inhale or otherwise introduce into the human body a dangerous drug;
c) Use a minor or a mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs (Sec. 10).
8. Possession of Dangerous Drugs in the following quantities, regardless of the degree of purity
thereof:
a) 10 grams or more of opium;
b) 10 grams or more of morphine;
c) 10 grams or more of heroin;
d) 10 grams or more of cocaine or cocaine hydrochloride;
e) 50 grams or more of methamphetamine hydrochloride or "shabu";
f) 10 grams or more of marijuana resin or marijuana resin oil;
g) 500 grams or more of marijuana; and
h) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetami (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
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their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements,
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated (Sec. 11)
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
a) 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 (Sec. 12).
10. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings regardless of
the quantity and purity of such dangerous drugs (Sec. 13).
11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.
a) 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 (Sec. 14).
12. 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 (Sec. 15).
13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof
a) 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;
b) 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.
c) Organize, manage or act as a "financier"; (c) Act as a "protector/coddler" (Section 16).
14. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
a) 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 (Sec. 17)
15. Unnecessary Prescription of Dangerous Drugs
a) Practitioner, who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the prescribed dosage, particularly those
who are involved in the care of persons with severe pain (Sec. 18).
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16. Unlawful Prescription of Dangerous Drugs – make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug (Sec. 19).
17. Misappropriation, Misapplication or Failure to Account by Public Officer or Employee 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
a) 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;
b) 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
(Sec. 27).
18. 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.
19. 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 (Sec. 28).
20. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical
Entities
a) In case any violation 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.
b) 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 (Sec. 31).
21. Additional Penalty if Offender is an Alien
a) 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 (Sec. 31).
Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.
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.
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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.
Attempt or conspiracy, effect on liability
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 (Sec. 26).
ANTI-PLUNDER ACT (R.A. 7080, AS AMENDED)
Definition of terms
Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective
in 1991. This crime somehow modified certain crimes in the Revised Penal Code insofar as the
overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth are
felonies under the Revised Penal Code like bribery (Articles 210, 211, 211-A), fraud against the
public treasury [Article 213], other frauds (Article 214), malversation (Article 217), when the
ill-gotten wealth amounts to a total value of P50,000,000.00. The amount was reduced from
P75,000,000.00 by Republic Act No. 7659 and the penalty was changed from life imprisonment
to reclusion perpetua to death. Short of the amount, plunder does not arise.
Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the Anti- Graft
and Corrupt Practices Act. While the crime appears to be malum prohibitum, Republic Act No.
7080 provides that “in the imposition of penalties, the degree of participation and the attendance
of mitigating and aggravating circumstances shall be considered by the court”.
Ill-gotten wealth
Ill-gotten wealth means any asset, property, business enterprise or material possession of any
person within the purview of Sec. 2, acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any combination or series of the
following means or similar schemes:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on
the public treasury;
(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or
any other form of pecuniary benefit from any person and/or entity in connection with any
government contract or project by reason of the office or position of the public officer concerned;
(3) By illegal or fraudulent conveyance or disposition of asset belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-owned or
controlled corporations and their subsidiaries;
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(4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any
other form of interest or participation including the promise of future employment in any
business or undertaking;
(5) By establishing agricultural, industrial, or commercial monopolies or other combinations
and/or implementations of decrees and orders intended to benefit particular persons or special
interests; or
(6) By taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the damage and
prejudice of the Filipino people, and the Republic of the Philippines (Sec. 1d).
Any public officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal
acts as described in Section 1(d) hereof, in the aggregate amount or total value of at least Fifty
million pesos (P50,000,000.00), shall be guilty of the crime of plunder and shall be punished by
reclusion perpetua to death.
Any person who participated with said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances shall be considered by the court.
The court shall declare any and all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stock derived from the deposit or investment thereof
forfeited in favor of the State (Sec. 2).
Series / Combination
There should be committed by a combination or through a series of acts.
There should be at least two acts otherwise the accused should be charged with the particular
crime committed and not with plunder. A combination means at least two acts of a different
category; while a series means at least two acts of the same category (Estrada vs. Sandiganbayan,
GR 148560, 11/21/2001).
Pattern Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the accused in furtherance of the scheme
or conspiracy to amass, accumulate or acquire ill- gotten wealth, it being sufficient to establish
beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful
scheme or conspiracy (Sec. 4).
THE ANTI-GRAFT AND CORRUPT PRACTICES ACT
Republic Act No. 3019
Who may be liable under Sec.3 of R.A. No. 3019?
a. The law punishes not only public officers who commit prohibited acts enumerated
under Sec. 3, but also those who induce or cause the public official to commit those
offenses.
b. Private persons found acting in conspiracy with public officers may be held liable for
the applicable
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offenses found in Sec. 3 of the law.
Sec. 3(b). Directly or Indirectly Requesting or Receiving any Gift, Present, Share, percentage,
or Benefit, for Himself or for any other Person, in Connection with any Contract or
Transaction Between the Government and any other Part, wherein the Public Officer in his
Official Capacity has to Intervene under the Law.
Elements under Sec. 3(b) of R.A. No. 3019
To be convicted of violation of Sec. 3(b) of R.A. No. 3019, the prosecution has the
burden of proving the following elements:
1. the offender is a public officer;
2. who requested or received a gift, a present, a share, a percentage, or benefit;
3. on behalf of the offender or any other person;
4. in connection with a contract or transaction with the government;
5. in which the public officer, in an official capacity under the law, has the right to
intervene. (Cadiao- Palacios v. People, 582 SCRA 713, March 31, 2009)
- An accused may be charged for both offenses of direct bribery and violation of Sec.3(b)
of R.A. No.
3019 because they have different elements.
Sec.3(e). Causing Any Undue Injury To Any Party, Including The Government, Or Giving
Any Private Party Any Unwarranted Benefits, Advantage Or Preference In The Discharge Of
His Official Administrative Or Judicial Functions Through manifest Partiality, Evident Bad
Faith Or Gross Inexcusable Negligence. This Provision Shall Apply To Officers and
Employees Of Offices Or Government Corporations Charged With The Grant Of Licenses
Or Permits Or Other concessions.
In order to hold a person liable under Sec. 3 (e) of R.A. No. 3019, the following
elements must concur:
1. the offender is a public officer;
2. the act was done in the discharge of the public officer’s official, administrative or
judicial functions;
3. the act was done through manifest partiality, evident bad faith, or gross inexcusable
negligence; and
4. the public officer caused any undue injury to any party, including the Government, or
gave any unwarranted benefits, advantage or preference. (Sison v. People, 614 SCRA
670, March 9, 2010)
- Proof of any of these three (manifest partiality, evident bad faith, or gross inexcusable
negligence) in connection with the prohibited acts mentioned in Sec. 3(e) of R.A. No.
3019 is enough to convict a person with violation of Sec. 3 (e) of R.A. No. 3019. (Sison
v. People, March 9, 2010)
- “Partiality” is synonymous with “bias” which “excites a disposition to see and report
matters as they are wished for rather than as they are.” (Sison v. People, March 9, 2010)
- Manifest Partiality exists when the accused has a clear, notorious, or plain inclination or
predilection to favor one side or one person rather than another. It is synonymous with
bias, which excites a disposition to see and report matters as they are wished for rather
than as they are. (Reyes v. People, August 4, 2010)
- Evident bad faith connotes a manifest deliberate intent on the part of the accused to do
wrong or to cause damage. It contemplates a breach of sworn duty through some
perverse motive or ill will. (Reyes
v. People, August 4, 2010)
- Gross inexcusable negligence does not signify mere omission of duties nor plainly the
exercise of less than the standard degree of prudence it refers to negligence characterized
by the want of even the slightest case, acting or omitting to act in a situation where there
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is a duty to act, not inadvertently but willfully and intentionally, with conscious
indifference to consequences in so far as other persons may be affected. (Sistoza v.
Desierto, 388 SCRA 307)
There are two ways by which Sec. 3 (e) of R.A. No. 3019 may be violated –
a. the first mode: by causing undue injury to any party, including the government, or
b. the second mode: by giving any private party any unwarranted benefit, advantage or
preference
In order to be found guilty under the second mode, it suffices that the accused has given
unjustified favor or benefit to another, in the exercise of his official, administrative or judicial
functions.
Ex. The private suppliers, which were all personally chosen by respondent,
were able to profit from the transactions without showing proof that their prices were
the most beneficial to the government.
To hold a person liable under this section, the concurrence of the following elements must be
established, viz:
1. that the accused is a public officer or a private person charged in conspiracy with the
former;
2. that said public officer commits the prohibited acts during the performance of his or
her official duties or in relation to his or her public positions;
3. that he or she causes undue injury to any party, whether the government or a private
party; and
4. that the public officer has acted with manifest partiality, evident bad faith or gross
inexcusable negligence.
Sec. 3(g). Entering, on behalf of the government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited or will
profit thereby.
Elements under Sec. 3(g) of R.A. 3019:
To be indicted of the offense under Sec. 3(g) of R.A. No. 3019, the following
elements must be present:
a. that the accused is a public officer;
b. that he entered into a contract or transaction on behalf of the government; and
c. that such contract or transaction is grossly and manifestly disadvantageous to the
government (Guy
v. People, 582 SCRA 108, March 20. 2009)
A private person shall be held liable together with the public officer if there is an
allegation of conspiracy. The lack of public bidding alone does not automatically equate to a
manifest and gross disadvantage to the government.
Sec. 3 (h). Directly or directly having financing or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part in his official
capacity, or in which he is prohibited by the Constitution or by any law from having any
interest.
The essential elements of the violation of said provision are as follows:
1. That the accused is a public officer;
2. That he has a direct or indirect financial or pecuniary interest in any business,
contract or transaction. He either:
a. intervenes or takes part in his official capacity in connection with such
interest; or
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b. is prohibited from having such interest by the Constitution or by law.
(Teves v. The Commission on Elections, 587 SCRA 1, April 28, 2009)
