EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
fe'i- k' .
SENATE
S.B. NO. 
189
ot Hie
*19 JUL-2 PI 54
receded O'
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
IMPOSING DEATH PENALTY AND INCREASED PENALTIES ON CERTAIN 
HEINOUS CRIMES WHICH INVOLVES MANUFACTURING AND 
TRAFFICKING OF DANGEROUS DRUGS, AMENDING FOR THE PURPOSE 
OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES.
EXPLANATORY NOTE
\
The future of our nation is in peril due to the extent of drug use instigating heinous 
crimes. This is despite the country's efforts on drug supply and demand reduction programs.
The Philippines remains a regional transit and destination point for illicit drug 
trafficking, particularly for methamphetamine and its precursors from China. “Shabu” (the 
local street name of methamphetamine hydrochloride) and marijuana rank respectively as the 
first and second most widely consumed drugs in the Philippines. Nonetheless, drug trafficking 
remained a highly lucrative illicit business with limited risks due to systemic poverty, 
ineffective criminal justice institutions, outdated drug control laws, poorly controlled maritime 
borders, and public corruption. 
(US Department of State, 2019, International Narcotics 
Strategy Report)
Based on reports, shabu packages are found floating off Philippine waters which proves 
that notorious international drug cartels have penetrated the country.
Authorities continue to conduct operations against international drug syndicates and 
local players. As drug cartels continue in their covert distribution, a significant volume of 
illegal drugs are passed around on street level. An estimate of 4.7 million individuals are still 
involved in either the use or trafficking of drugs. It can not be measured how many are 
recidivists or new users
Stringent government 
response 
is needed through an aggressive policy. 
Countermeasures should be upgraded against this social menace. The war against illegal drugs 
is not yet won.


Procedurally, the present bill is filed separate from similarly intended bills for other 
kinds of crimes to move the bill forward with focus and unburdened by lengthy consideration 
of other crimes. This will allow a timely opportunity to stop the nation’s growing problem over 
crimes of this nature.
In view of the foregoing, the approval of this bill is earnestly so
EMMAN
tQUIAO


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B.No. 
189
■ > v
o( Ilif 
■ i'l u'.i’
*19 
JUL-2 PI 54
INTRODUCED BY: SENATOR EMMANUEL D.
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AN ACT
IMPOSING DEATH PENALTY AND INCREASED PENALATIES ON CERTAIN 
HEINOUS CRIMES WHICH INVOLVES MANUFACl URING AND TRAFFICKING 
OF DANGEROUS DRUGS, AMENDING FOR THE PURPOSE OTHER SPECIAL 
PENAL LAWS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Section 1. 
Declaration of Policy. -  It is hereby declared the policy of the State to foster 
and ensure not only obedience to its authority, but also to adopt such measures as would 
effectively promote the maintenance of peace and order, the protection of life, liberty and 
property, and the promotion of the general welfare which are essential for the enjoyment by 
all the people of the blessings of democracy in a Just and humane society;
Section 2. 
Sections 4 of Article 11 of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 4. Importation of Dangerous Drugs and/or Controlled Precursors 
and Essential Chemicals. -  The penalty of life imprisonment to death and a 
fine ranging from One million pesos (PI,000,000.00) to Ten million pesos 
(PI0,000,000.00) shall be imposed upon any person who, unless authorized by 
law, shall import or bring into the Philippines, or force, intimidate, direct, 
instruct or otherwise cause another person to 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 Five hundred thousand 
pesos (P500,000.00) to One million pesos (PI,000,000.00) shall be imposed 
upon any person, who, unless authorized by law, shall import or bring into the 
Philippines, or force, intimidate, direct, instruct or otherwise cause another 
person to bring into the Philippines, 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


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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 life imprisonment to death and a fine ranging from Five 
hundred thousand pesos (P500,000.00) to One million pesos (PI,000,000.00) 
shall be imposed upon any person who acts as a “protector/coddler” of any 
violator of the provisions under this Section.
Section 3. 
Sections 5 of Article 11 of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 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 One 
million pesos (PI,000,000.00) to Ten million pesos (PI0,000,000.00) 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 Five hundred thousand pesos 
(P500,000.00) to One million pesos (PI,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 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 a 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 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.


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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 life imprisonment to death and a fine ranging from Five 
hundred thousand pesos (P500,000.00) to One million pesos (PI,000,000.00) shall be 
imposed upon any person who acts as a “protector/coddler” of any violator of the 
provisions under this Section.
Section 4. Sections 6 of Article II of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 6. Maintenance of a Den, Dive or Resort. -  The penalty of life 
imprisonment to death and a fine ranging from One million pesos 
(PI,000,000.00) to Ten million pesos (PI0,000,000.00) shall be imposed upon 
any person or group of persons who shall maintain a den, dive or resort where 
any dangerous drug is used, given away 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 Five hundred thousand 
pesos (P500,000.00) to One million pesos (PI,000,000.00) 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, given away 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, 
given away 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 Five million pesos (P5,000,000.00) to Fifteen million pesos 
(PI 5,000,000.00) 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 of life imprisonment to death and a fine ranging from Five 
hundred thousand pesos (P500,000.00) to One million pesos (PI,000,000.00) 
shall be imposed upon any person who acts as a “protector/coddler” of any 
violator of the provisions under this Section.


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Section 5. Sections 8 of Article II of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 8. Manufacture of Dangerous Drugs and/or Controlled 
Precursors and Essential Chemicals. -  The penalty of life imprisonment to 
death and a fine ranging from One million pesos (PI,000,000.00) to Ten 
million pesos (PI0,000,000.00) 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 Five hundred thousand 
pesos (P500,000.00) to One million pesos (PI,000,000.00) 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 of the manufacturing process was established or 
imdertaken 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 life imprisonment to death and a fine ranging from Five 
hundred thousand pesos (P500,000.00) to One million pesos (PI,000,000.00) 
shall be imposed upon any person who acts as a “protector/coddler” of any 
violator of the provisions under this Section.
Section 6. Sections 11 of Article II of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 11. Possession of Dangerous Drugs. -  The penalty of life 
imprisonment to death and a fine ranging from One million pesos 
(PI,000,000.00) to Ten million pesos (PI0,000,000.00) 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:


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(1) 
500 grams or more of marijuana, or
(2) 
10 grams or more of opium, morphine, heroin, cocaine or 
cocaine 
hydrochloride, 
methamphetamine 
hydrochloride 
or 
“shabu”, 
marijuana resin or marijuana resin oil, or other dangerous drugs such as, but 
not limited to, methylenedioxymethamphetamine (MDMA) 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, or 10 grams or more of any 
combination thereof.
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 Five hundred 
thousand pesos (P500,000.00) to One million pesos (PI,000,000.00), 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, methylenedioxymethamphetamine 
(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
(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 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, 
methylenedioxymethamphetamine (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 7. Sections 16 of Article II of Republic Act No. 9165, as amended, known as the 
Comprehensive Dangerous Drugs Act 2002, is hereby amended to read as follows:
“Sec. 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 One million pesos (PI,000,000.00) to Ten million pesos


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(PI 0,000,000.00) 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 life imprisonment to death and a fine ranging from Five 
hundred thousand pesos (P500,000.00) to One million pesos (PI,000,000.00) 
shall be imposed upon any person who acts as a “protector/coddler” of any 
violator of the provisions under this Section.
Section. 8. Republic Act No. 9346 is hereby repealed. All other laws, presidential decrees 
and issuances, executive orders, rules and regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly.
Section 9. If, for any reason or reasons, any part of the provision of this Act shall be held to 
be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby 
shall continue to be in full force and effect.
Section 10. This Act shall take effect fifteen (15) days after its publication in two (2) national 
newspapers of general circulation. The publication shall not be later than seven (7) days after 
the approval hereof
Approved,