Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

3809

House Bill No.

Introduced by Representative ROBERT ACE S. BARBERS, 2° District, Surigao del Norte

EXPLANATORY NOTE

The intensity of the government's campaign against illegal drugs has gained initial
success. However, we have yet to see a lasting victory that would transform our country into a
drug-free society. The war on drugs is far from over. The PNP recently reveals that more than
600,000 drug dependents have voluntarily surrendered to the authorities and almost 50,000 of
which confessed to have engaged in pushing or disposing illegal drugs. The phenomenal
number of users and street pushers who yielded to and/or apprehended by the authorities is
certainly substantial, but they are far behind the 4 million dependents claimed by President
Duterte, Moreover, it cannot be denied that illegal activities drug syndicates could not flourish
without the protective clout of powerful and influential officials in government, but their
protectors or coddlers appear to remain in the corridors of power. Finally, the reality in handling
and prosecuting drug-related cases is more than alarming. Over 30,000 drug-related cases were
reportedly filed as of 2015, but less than 10% of which have been resolved by the courts and
almost 75% of these resolved cases have resulted to either dismissal or acquittal, To say the
least, there is still a lot of efforts to be done. Not until the last drug dependent has been
treated, rehabilitated and integrated into the mainstream that we could say the demand for
illegal drugs has been obliterated. Not until members of the last drug syndicate has been
prosecuted and convicted that we could claim the supply chain has been completely broken.

The government's anti-illegal drug campaign should be sustainable to ensure
remarkable success. It is not attainable without effective law enforcement and successful
prosecution. It has been said that the effectiveness of our law enforcers and prosecutors relies
upon supportive legal and regulatory mechanisms. Thus, the proposed measure seeks to
provide more of these mechanisms, as exemplified by the following salient provisions:

1. Improve capability effectiveness in intelligence, investigation and operation

a. PDEA should monitor any communication by the use of electronic device all
activities of any person engaged in illegal drug trafficking including their
financiers and protectors/coddlers (Section 16 of this proposed bill seeking
to amend Sec. 84 of RA 9165);

s

PDEA should coordinate and make confidential report/recommendation to
the Anti-Money Laundering Council (AMLC) in order to initiate action for
freeze order, seizure and forfeiture or for investigation, inspection or
examination of any financial transaction, investment or asset in any bank or
financial intermediary of any person involved in illegal drug trafficking
including their financiers and protectors/coddlers (Section 17 of this
proposed bill seeking to amend Sec. 84 of RA 9165);

iy

To help elicit information, on drug syndicates, a person charged for any
drug-related crime may be given immunity from prosecution or, if


convicted, may either be penalized by a minimum penalty imposable or be
granted commutation of sentence (Section 14 of proposed bill seeking to
amend Sec. 33 of RA 9165);

d. Seized or confiscated firearm, explosive or weapon under custodia legis shall
be disposed of even during pendency of the case, for the use of the PDEA
or other law enforcement agencies (Section 12 of the proposed bill seeking
to amend Sec, 20 of RA 9165);

e.'To ensure legitimate conduct of operation and prevent illicit practice of
planting evidence, the rules against planting of evidence is made effective
and responsive to the protection of innocent subject of law enforcers’
operation (Section 13 of the proposed bill seeking to amend Sec. 29 of RA
9165);

f. Owner-Lessors of property or premises used for manufacturing or
producing illegal drugs and similar substances are required to inspect and
report the illegal activity of his/her lessee (Section 6 of the proposed bill
seeking to provide Sec, 8-A of RA 9165);

2. Improve effectiveness in prosecution and conviction in drug-related cases

a. The operational definition of protectors or coddlers is clarified (Section 1 of
the proposed bill seeking to amend Sec. 3[ee] of RA 9165);

b. Legal presumptions have been provided for acts or omissions committed
by financiers and protectors or coddlers of illegal drug traffickers (Sections
2, 3, 4, 5 and 11 of the proposed bill seeking to amend Secs. 4, 5, 6, 8 and
16 of RA 9165);

. Legal presumptions have been provided for acts or omissions committed
by drug users and illegal drug traffickers such as, among others, the
following -- 1) Possession of at least 200 grams of shabu, cocaine, etc. and
500 grams of marijuana is presumed an act of or in preparation for the sale,
trade, delivery or distribution thereof; 2) any person found in a clandestine
laboratory is presumed to have been involved in manufacturing and
production of dangerous drugs; 3) concealing any dangerous drug in any
premises is presumed possession with knowledge on the part of the
occupant; 4) a person apprehended in possession of any drug
paraphernalia is presumed to have consumed a dangerous drug; 5) a
person in control or management of a den, dive or resort is presumed the
operator or maintainer thereof; an owner-lessor of property or premises
used for manufacturing or producing illegal drugs and similar substances is
presumed to have knowledge of the illegal activities of his/her lessee;

d. Rules on delay and bungling in the prosecution of-¢rugs cases have been
amplified so that an acquittal or dismissal is deeyhed) to have been caused
by bungling in the prosecution thereof (Sectigh 18]of the proposed bill
seeking to amend Sec. 92 of RA 9165),

Looking forward to a drug-free Philippines in sepking fr the early passage of this
proposed measure.

REP. ROBERT ACE S. BARBERS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3809

House Bill No,

Introduced by Representative ROBERT ACE S, BARBERS, 2™ District, Surigao del Norte

AN ACT
TO STRENGHTEN AND INTENSIFY THE CAMPAIGN AGAINST ILLEGAL DRUG.
TRAFFICKING, AMENDING FOR THIS PURPOSE SECTIONS 3, 4, 5, 6, 8, 11, 12,
13, 15 16, 20, 29, 33, 78, 84 AND 92 OF REPUBLIC ACT 9165, OTHERWISE
KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

Be it enacted by Senate and Elouse of Representatives of the Philippines in Congress assembled:

SECTION 1. The provisions in Section 3(ee) of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, are hereby amended to read as follows:

“ (@e) 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 ANY PERSON
WHO has reasonable grounds to believe on or suspects THAT A
PERSON has violated the provisions of this Act AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION in order to prevent the
arrest, prosecution and conviction of the violator.”

SECTION 2. The provisions in Section 4 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, are hereby amended to read as follows:

“ 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,

XXXXX XX XKKX — XXKXK

al ANY PERSON WHO IS FOUND TO HAVE IN HIS/HER
POSSESSION OR UNDER HIS/HER DIRECT OR INDIRECT CONTROL
ANY DOCUMENT, PURCHASE ORDER, MEMORANDUM RECEIPT,
DELIVERY RECEIPT, BILL OF LADING, OR ANY WRITING

1[Page


CONTAINING INFORMATION RELATED TO OR IN CONNECTION
WITH ANY DANGEROUS DRUG ANDIOR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS IS, UNTIL PROVEN
OTHERWISE, PRESUMED TO HAVE IMPORTED THE DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS THAT ARE THE SUBJECT MATTER OF SUCH
DOCUMENT OR WRITING.

« 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.

7 A PERSON IS DEEMED A FINANCIER IF HE/SHE CAUSES THE
PAYMENT, RAISING, PROVIDING OR SUPPLYING MONEY FOR OR
UNDERWRITING THE IMPORTATION OF DANGEROUS DRUGS
ANDIOR CONTROLLED PRECURSORS AND _ ESSENTIAL
CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR TRANSFER
OF MONEY, OF DRAWING OR ISSUING A CHECK, MONETARY
INSTRUMENT/IDOCUMENT TO THE ACCOUNT, CUSTODY OR
CONTROL OF A PERSON OR ENTITY KNOWN TO BE, CONNECTED
WITH OR WORKING FOR, AN IMPORTER OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE
PROOF OF THE SENDER’S, TRANSFEROR’S OR {SSUER’S
CONSENT TO OR KNOWLEDGE OF FINANCING THE ILLEGAL
IMPORTATION.

“ 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.

“ A PERSON IS DEEMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE IMPORTER OR VIOLATOR OF THIS SECTION
AND HE/SHE USES HIS INFLUENCE, POWER OR POSITION IN
SHIELDING, HARBORING, SCREENING OR FACILITATING THE
ESCAPE OF SAID IMPORTER OR VIOLATOR. A PERSON IS
LIKEWISE DEEMED A PROTECTOR OR CODDLER IF HE/SHE HAS
KNOWLEDGE OF OR HAS REASONABLE GROUND TO BELIEVE OR
TO SUSPECT THAT THE VIOLATOR iS AN IMPORTER OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND HE/SHE USED HIS/HER INFLUENCE,
POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE LATTER,

% A PERSON WHO DOES ANY ACT OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF OR
IN PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
THE IMPORTER IS, UNLESS PROVEN OTHERSWISE, PRESUMED TO.
HAVE KNOWLEDGE OF OR HAVE WILLFULLY CONSENTED TO THE
ILLEGAL IMPORTATION AND HE/SHE HAS USED HIS/HER
INFLUENCE, POWER OR POSITION. EXCEPT WHEN IT IS DONE BY
ANY MEMBER OF THE IMPORTER’S IMMDEDIATE FAMILY OR
HIS/HER LEGAL COUNSEL, A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE SAID IMPORTER IS, UNLESS PROVEN

2 Par


OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF OR PREVENTED THE
ARREST, PROSECUTION OR CONVICTION OF THE IMPORTER.”

SECTION 3. The provisions in Section 5 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, are hereby amended to read as follows:

“ 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.

XXXXX XX XXX XXXXX

“ UNLESS PROVEN OTHERWISE, ANY PERSON FOUND OR IS
PRESENT WITHIN OR INSIDE THE PLACE OR SALE, TRADING,
MARKETING, DISPENSATION, DELIVERY OR DISTRIBUTION IS
DEEMED TO HAVE BEEN INVOLVED IN THE SALE, TRADE OR
DISTRIBUTION OF DANGEROUS DRUGS, CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS.

“ ANY PERSON FOUND IN POSSESSION OF ANY DANGEROUS
DRUG IN THE FOLLOWING QUANTITY OR WEIGHT, REGARDLESS
OF PURITY, ARE DEEMED TO HAVE BEEN ENGAGED IN SELLING,
TRADING, DISPENSATION, ADMINISTRATION, DELIVERY,
DISTRIBUTION AND/OR TRANSPORTATION OF DANGEROUS
DRUGS:

(i) 200 GRAMS OR MORE OF SHABU, COCAINE, COCAINE
HYDROCHLORIDE, OPIUM, HEROINE, MORPHINE, MARIJUANA
RESIN OR MARIJUANA RESIN OIL, 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;

(2) 500 GRAMS OR MORE OF MARIJUANA

* 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.

« A PERSON IS DEEMED A FINANCIER IF HE/SHE CAUSES THE
PAYMENT, RAISING, PROVIDING OR SUPPLYING MONEY FOR OR
UNDERWRITING THE SALE, TRADING OR DISTRIBUTION OF ANY
DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OF DRAWING, ISSUING OR TRANSFERING
A CHECK, MONETARY INSTRUMENT, INVESTMENT OR PROPERTY

3[Page


TO THE ACCOUNT, CUSTODY OR CONTROL OF A PERSON OR
ENTITY KNOWN TO BE, CONNECTED WITH OR WORKING FOR, A
SELLER, TRADER OR’ DISTRIBUTOR, OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS
IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE PROOF OF THE
SENDER’S, ‘TRANSFEROR’S OR ISSUER'S KNOWLEDGE OF
FINANCING THE LATTER’S UNLAWFUL AGT OR ACTIVITY.

* 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 a8 a “protector/coddier" of any
violator of the provisions under this Section.

° A PERSON IS DEEMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE SELLER, TRADER, DISTRIBUTOR OR
VIOLATOR OF THIS SECTION AND HE USES HIS/HER INFLUENCE,
POWER OR POSITION IN SHIELDING, HARBORING, SCREENING OR
FACILITATING THE ESCAPE OF SAID VIOLATOR. A PERSON IS
LIKEWISE DEEMED A PROTECTOR OR CODDLER IF HE/SHE HAS
KNOWLEDGE OF OR HAS REASONABLE GROUND TO BELIEVE OR
TO SUSPECT THAT THE VIOLATOR IS A SELLER, TRADER OR
DISTRIBUTOR OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, AND HE/SHE USED
HIS INFLUENCE, POWER OR POSITION IN PREVENTING THE
ARREST, PROSECUTION OR CONVICTION OF THE LATTER,

“ A PERSON WHO DOES ANY ACT OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF OR
IN PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
THE SELLER, TRADER, DISTRIBUTOR OR VIOLATOR OF THIS
SECTION IS, UNLESS PROVEN OTHERSWISE, PRESUMED TO HAVE
KNOWLEDGE OF OR HAVE WILLFULLY CONSENTED TO THE
ILLEGAL SELLING, TRADING OR DISTRIBUTION AND HE/SHE HAS
USED HIS/HER INFLUENCE, POWER OR POSITION IN DOING THE
SAME. EXCEPT WHEN IT IS DONE BY ANY MEMBER OF THE
VIOLATOR’S IMMDEDIATE FAMILY OR HIS/HER LEGAL COUNSEL, A
PERSON WHO INTERCEDES AND/OR REPRESENTS THE SAID
VIOLATOR IS, UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE
SHIELDED, HARBORED, SCREENED OR FACILITATED THE ESCAPE
OF OR PREVENTED THE ARREST, PROSECUTION OR CONVICTION
OF THE LATTER.”

SECTION 4, The provisions in Section 6 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, are hereby amended to read as follows:

“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.

XXXXX | XXXXX — XXXXX

4|Page


“ FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:

(A) ANY DEN, DIVE, RESORT IS DEEMED INTENTIONALLY USED
FOR THE PURPOSE OF SELLING OR USING DANGEROUS DRUG
EVEN ON ONE OCCASION ONLY;

(B) A PERSON IS DEEMED AN OPERATOR, MAINTAINER OR
ADMINSTRATOR OF A DEN, DIVE OR RESORT IF HE/SHE HAS
ACTUAL OR CONSTRUCTIVE CONTROL AND MANAGEMENT OF
SUCH PREMISES; AND

(C) IF ANY PARAPHERNALIA, INSTRUMENT, ETC. SUITABLE OR FIT
FOR THE USE OR ADMINISTRATION OF ANY DANGEROUS.
DRUGS IS FOUND IN A DEN, DIVE OR RESORT, IT SHALL BE
PRESUMED THAT THE PREMISES ARE USED FOR THE
PURPOSE OF THE ADMINISTRATION, SMOKING OR
CONSUMPTION OF A DANGEROUS DRUG BY A HUMAN BEING
AND THAT THE OCCUPIER PERMITS SAID PREMISES TO BE
USED FOR SUCH PURPOSE.

. 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.

i A PERSON IS DEEMED A FINANCIER OF A DEN, DIVE OR
RESORT IF HE/SHE CAUSES THE PAYMENT, RAISING, PROVIDING
OR SUPPLYING MONEY FOR OR UNDERWRITING OF THE
OPERATION AND MAINTENANCE THEREOF. ANY EVIDENCE
SHOWING DELIVERY OR TRANSFER OF MONEY, OF DRAWING,
ISSUING OR TRANSFERING A CHECK, MONETARY INSTRUMENT,
INVESTMENT OR PROPERTY TO THE ACCOUNT, CUSTODY OR
CONTROL OF THE OPERATOR, MANAGER OR MAINTAINER OF A
DEN, DIVE OR RESORT IS, UNLESS PROVEN OTHERWISE, A PRIMA
FACIE PROOF OF THE SENDER’S, TRANSFEROR’S OR ISSUER’S
KNOWLEDGE OF FINANCING THE OPERATION AND MAINTENANCE
THEREOF.

é 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/coddier" of any
violator of the provisions under this Section.

ial A PERSON IS DEEMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE OPERATOR, MAINTAINER, ADMINISTRATOR
OR MANAGER OF THE DEN, DIVE OR RESORT AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION IN SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF THE
LATTER. A PERSON IS LIKEWISE DEEMED A PROTECTOR OR
CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE
GROUND TO BELIEVE OR TO SUSPECT THAT THE SAID
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER IS
ACTUALLY OPERATING, MAINTAINING, ADMINISTERING OR
MANAGING A DEN, DIVE OR RESORT AND HE/SHE USED HIS/HER

5S|Page


INFLUENCE, POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE LATTER,

« A PERSON WHO DOES ANY ACT OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF OR
iN PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
AN OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER OF
A DEN, DIVE OR RESORT IS, UNLESS PROVEN OTHERSWISE,
PRESUMED TO HAVE KNOWLEDGE OF OR HAVE WILLFULLY
CONSENTED TO THE OPERATION, AND MAINTENANCE OF A DEN,
DIVE OR RESORT AND HE/SHE HAS USED HIS/HER INFLUENCE,
POWER OR POSITION IN DOING THE SAME. EXCEPT WHEN IT IS
DONE BY ANY MEMBER OF THE OPERATOR’S, MAINTAINER’S,
ADMINISTRATOR'S OR MANAGER'S IMMDEDIATE FAMILY OR
HIS/HER LEGAL COUNSEL, A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE LATTER IS, UNLESS PROVEN OTHERWISE,
PRESUMED TO HAVE SHIELDED, HARBORED, SCREENED OR
FACILITATED THE ESCAPE OF OR PREVENTED THE ARREST,
PROSECUTION OR CONVICTION OF SAID OPERATOR,
MAINTAINER, ADMINISTRATOR OR MANAGER.”

SECTION 5. The provisions in Section 8 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as follows:

“ 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.

XXXXX XXXXX XXXXX

“ 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. ANY PERSON FOUND OR IS
PRESENT WITHIN THE PREMISES OF A _ CLANDESTINE
LABORATORY OR THE PLACE WHERE DANGEROUS DRUGS ARE
MANUFACTURED, PRODUCED, PREPARED, COMPOUNDED,
PROCESSED, PACKED OR RE-PACKED IS, UNLESS PROVEN
OTHERWISE, DEEMED INVOLVED IN OR HAS PARTICIPATED IN
MANUFACTURING OR PRODUCING DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

“ ANY EQUIPMENT, APPARATUS, PARAPHERNALIA SUITABLE
FOR THE USE, MANUFACTURE OR PRODUCTION OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS FOUND IN A CLANDESTINE LABORATORY OR IN ANY
OTHER PLACE OR PREMISES SHALL BE PRESUMED, UNTIL THE
CONTRARY IS PROVED, THAT SAID LABORATORY, PLACE OR
PREMISES ARE USED FOR THE PURPOSE OF MANUFACTURE OR
PRODUCTION OF ANY DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS AND THAT THE
PERSON WHO HAS THE ACTUAL CONTROL OR MANAGEMENT

4 6|Page


THEREOF PERMITS SUCH PREMISES TO BE USED FOR THAT
PURPOSE;

# 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
MINORIS;

(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.

“ A PERSON IS DEEMED A FINANCIER IF HE/SHE CAUSES THE
PAYMENT, RAISING, PROVIDING OR SUPPLYING MONEY FOR OR
UNDERWRITING THE MANUFACTURING, PRODUCTION,
PREPARATION, COMPOUNDING OR PROCESSING OF ANY
DANGEROUS DRUG AND/OR CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OF DRAWING OR ISSUING A CHECK,
NEGOTIABLE/NON-NEGOTIABLE INSTRUMENT OR DOCUMENT TO
THE ACCOUNT OR CUSTODY OF A PERSON OR ENTITY KNOWN TO
BE, CONNECTED WITH OR WORKING FOR, A MANUFACTURER,
PRODUCER OR PROCESSOR OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS IS,
UNLESS PROVEN OTHERWISE, A PRIMA FACIE PROOF OF THE
SENDER’S, TRANSFEROR’S OR ISSUER'S CONSENT OR
KNOWLEDGE OF FINANCING THE LATTER’S UNLAWFUL
ACTIVITIES.

" 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.

“ A PERSON IS DEEMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE MANUFACTURER, PRODUCER OR
PROCESSOR OF ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL, AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION IN SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF SAID
MANUFACTURER, PRODUCER PROCESSOR. A. PERSON IS

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LIKEWISE DEEMED A PROTECTOR OR CODDLER IF HE/SHE HAS
KNOWLEDGE OF OR HAS REASONABLE GROUND TO BELIEVE
THAT ONE IS A MANUFACTURER, PRODUCER OR PROCESSOR OF
DANGROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND HE/SHE USED HIS INFLUENCE,
POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE LATTER,

Me A PERSON WHO DOES ANY ACT OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF OR
IN PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
THE MANUFACTURER, PRODUCER OR PROCESSOR IS, UNLESS
PROVEN OTHERSWISE, PRESUMED TO HAVE KNOWLEDGE OF OR
HAVE WILLFULLY CONSENTED TO THE ILLEGAL
MANUFACTURING, PRODUCTION OR PROCESSING, AND HE/SHE IS
PRESUMED FURTHER TO HAVE USED HIS/HER INFLUENCE,
POWER OR POSITION IN DOING THE SAME. EXCEPT WHEN IT IS
DONE BY ANY MEMBER OF THE VIOLATOR’S IMMDEDIATE FAMILY
OR HIS/HER LEGAL COUNSEL, A PERSON WHO INTERCEDES
AND/OR REPRESENTS THE SAID VIOLATOR IS, UNLESS PROVEN
OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF OR PREVENTED THE
ARREST, PROSECUTION OR CONVICTION OF THE LATTER.

SECTION 6. Section 8 of Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, is hereby supplemented or added with provisions defining and
penalizing negligent lessors of properties/premises used as clandestine laboratories or drug
warehouses, which shail be stated as Section 8-A and shall read as follows:

= SECTION 8-A. NEGLIGENT LESSORS OF PROPERTIES USED
AS CLANDESTINE LABORATORIES AND DRUG WAREHOUSES. -
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 AN OWNER OR LESSOR OF A _ BUILDING,
WAREHOUSE, OR ANY EDIFICE, OR IN THEIR ABSENCE, THEIR
DULY AUTHORIZED REPRESENTATIVE, WHO LEASES THE
PROPERTY TO ANY PERSON BUT OMITS OR FAILS TO ASCERTAIN,
CHECK AND CONFIRM THAT IT IS ACTUALLY USED FOR A LAWFUL
PURPOSE, AND WHICH PROPERTY IS FOUND TO HAVE BEEN
ACTUALLY UTILIZED AS CLANDESTINE LABORATORY OR USED IN
THE MANUFACTURE OR STORAGE OF DANGEROUS DRUGS,
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, THE
MAXIMUM PENALTY SHALL BE IMPOSED IF THE OWNER OR
LESSOR, OR HIS DULY AUTHORIZED REPRESENTATIVE, HAS
DISCOVERED THE ILLEGAL ACTIVITY BUT FAILED TO REPORT THE
SAME.

* IF THE PROPERTY SUBJECT OF LEASE IS GOVERNMENT
OWNED, IN ADDITION TO ABSOLUTE PERPETUAL
DISQUALIFICATION FROM ANY PUBLIC OFFICE, THE
GOVERNMENT OFFICIALS AND EMPLOYEES, WHO OMIT OR
FAILTO OBSERVE AND DISCHARGE THE LEGAL OBLIGATION

8[Page


REQUIRED IN THE PRECEDING PARAGRAPH SHALL BE LIABLE TO
THE MAXIMUM PENALTY IMPOSED THEREIN.

“ IF THE PROPERTY SUBJECT OF LEASE IS OWNED BY A
PARTNERSHIP, CORPORATION, ASSOCIATION, OR ANY JURIDICAL
ENTITY, THE PERSON LIABLE TO THE PENALTY PRESCRIBED IN
THE FIRST PARAGRAPH OF THIS SECTION IS THE CORPORATE OR
ASSOCIATION PRESIDENT, CHIEF EXECUTIVE OFFICER (CEO),
CHIEF OPERATING OFFICER (COO) OR MANAGER, OR ANY
PARTNER IN A PARTNERSHIP, ANY MEMBER OF THE BOARD OF
DIRECTORS/TRUSTEES OF ANY CORPORATION OR ASSOCIATION,
ANY ESTATE EXECUTOR OR ADMINISTRATOR, OR ANY OF THE
DULY AUTHORIZED REPRESENTATIVE OF ALL THE ABOVE-
MENTIONED.

a FOR PURPOSES OF THIS SECTION, THE PERSONS LIABLE IN
‘THE PRECEDING THREE (3) PARAGRAPHS OF THIS SECTION ARE,
UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE GIVEN THEIR
CONSENT TO THE ILLEGAL USE OF THE LEASED PROPERTY IF
THEY FAIL TO VISIT AND INSPECT THE LEASED PROPERTY AT
LEAST ONCE EVERY QUARTER.

“ THE VISITATION SHALL BE EVIDENCED BY AN AFFIDAVIT TO
BE EXECUTED, WITHIN FIVE (5) DAYS FROM DATE OF VISITATION
AND INSPECTION, BY THE PRIVATE INDIVIDUAL, CONCERNED
GOVERNMENT OFFICIAL OR EMPLOYEE, OR CONCERNED
OFFICER OF THE PARTNERSHIP, CORPORATION, ASSOCIATION,
OR JURIDICAL ENTITY THAT OWNS THE PROPERTY SUBJECT OF
THE LEASE. THE AFFIDAVIT SHALL CATEGORICALLY STATE THE
FOLLOWING: (1) THE DATE WHEN THE INSPECTION OF THE
PREMISES WAS MADE (2) THE DETAILS OF THINGS SEEN AND
OBSERVED DURING THE INSPECTION, AND (3) THE FACT THAT
THE LEASED PREMISES IS NOT BEING USED FOR ANY UNLAWFUL
PURPOSE, IF SUCH IS THE CASE. IT SHALL BE SUBMITTED TO
THE ADMINISTRATIVE BOARD PURSUANT TO THE PROVISIONS OF
SECTION 52 (1) HEREOF, WITHIN FIVE (5) WORKING DAYS FROM
THE EXECUTION OF SAID AFFIDAVIT. IN ADDITION, A COPY OF THE
LEASE CONTRACT AND THE SPECIAL POWER OF ATTORNEY OF
THE AUTHORIZED REPRESENTATIVE, IF ANY, SHALL ALSO BE
FILED WITH THE ADMINISTRATIVE BOARD AND CITY OR
MUNICIPAL ASSESSOR WITHIN FIVE (5) DAYS FROM EXECUTION
OF SAID CONTRACT.

“ THE FAILURE TO COMPLY WITH THE FOREGOING
MANDATORY REPORTORIAL REQUIREMENTS SHALL, UNLESS
PROVEN OTHERWISE, BE PRESUMED THAT NO SUCH VISITATION
WAS CONDUCTED ON THE LEASED PREMISES FOR THE
DURATION OF THE COVERED PERIOD.”

SECTION 7. Section 11 of Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, is hereby amended to read as follows:

“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

9|Page


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:

XXXXX XXXXX — XXXXX

a FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:

(A) ANY PERSON WHO IS FOUND TO HAVE IN HIS/HER
POSSESSION, CONTROL, CUSTODY OR WITHIN HIS/HER
REACH OR IMMEDIATE VICINITY, ANYTHING WHATSOEVER
CONTAINING ANY DANGEROUS DRUG OR_ SIMILAR
SUBSTANCES SHALL BE DEEMED TO HAVE KNOWLEDGE OF
THE NATURE THEREOF;

(B) ANY DANGEROUS DRUG OR SIMILAR SUBSTANCES FOUND TO
BE CONCEALED IN ANY PREMISES SHALL BE PRESUMED,
UNTIL THE CONTRARY IS PROVED, THAT THE SAID
DRUG/SIMILAR SUBSTANCE IS IN POSSESSION OF AND/OR
CONCEALED WITH THE KNOWLEDGE OF THE PERSON WHO
HAS OR APPEARS TO HAVE THE CONTROL OR MANAGEMENT
THEREOF;

(C) ANY DANGEROUS DRUG FOUND CONCEALED iN ANY
COMPARTMENT THAT IS SPECIALLY CONSTRUCTED FOR THE
PURPOSE ON ANY PREMISES, ANY VEHICLE, VESSEL OR ANY
KIND OF TRANSPORTATION SHALL UNTIL THE CONTRARY IS
PROVED, BE DEEMED TO HAVE BEEN POSSESSED AND/OR
CONCEALED WITH THE KNOWLEDGE OF THE OCCUPIER,
ADMINISTRATOR, OWNER OR IN-CHARGE OF THE PREMISES,
OR THE MASTER AND/OR OF THE PERSON IN CHARGE
THEREOF;

(D) SUBJECT TO THE PROVISIONS OF SECTION 5 OF THIS ACT,
ANY PERSON FOUND IN POSSESSION OF ANY DANGEROUS
DRUG IN THE FOLLOWING QUANTITY OR WEIGHT,
REGARDLESS OF PURITY, ARE DEEMED TO HAVE BEEN
ENGAGED IN SELLING, TRADING, DISPENSATION,
ADMINISTRATION, DELIVERY, DISTRIBUTION AND/OR
TRANSPORTATION OF DANGEROUS DRUGS:

(1) 200 GRAMS OR MORE OF SHABU, COCAINE, COCAINE
HYDROCHLORIDE, OPIUM, HEROINE, MORPHINE,
MARIJUANA RESIN OR MARIJUANA RESIN OIL, 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; AND

(2) 600 GRAMS OR MORE OF MARIJUANA.”

SECTION 8. The provisions in the 2" paragraph of Section 12 of Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, are hereby amended to
read as follows: 4

10| Page


“ Section 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphemalia for Dangerous Drugs. -

XXXXX — XXXXX XXXXX

“ 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, UNLESS HE/SHE VOLUNTARILY
SUBMITS TO A DRUG TEST TO BE CONDUCTED BY A HOSPITAL,
DOCTOR OR HUMAN MEDICAL PRACTITIONER, UNDER THE
SUPERVISION OF OR ACCREDITED BY THE DEPARTMENT OF
HEALTH FOR THIS PURPOSE, IN THE PRESENCE OF AND
WITNESSED BY A REPRESENTATIVE EACH FROM THE MEDIA
ORGANIZATION OF AND FROM THE NEAREST REGIONAL TRIAL
COURT IN THE CITY OR PROVINCE OF THE PLACE OF INCIDENT,
WITHIN TWENTY FOUR (24) HOURS FROM APPREHENSION, AND.
THE RESULT THEREOF IS NEGATIVE. IF THE RESULT OF HIS/HER
VOLUNTARY DRUG TEST !S POSITIVE, AFTER CONFIRMATORY
TEST, THEN THE PROVISIONS OF SECTION 15 OF THIS ACT SHALL
APPLY.”

SECTION 9. The provisions in Section 13 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, are hereby amended to read as follows:

“ 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 PENALTY OF LIFE
IMPRISONMENT TO DEATH AND A FINE OF FIVE HUNDRED
THOUSAND (P500,000.00) PESOS TO TEN MILLION (PHP
10,000,000.00) PESOS, regardless of the quantity and purity of such
dangerous drugs.”

SECTION 10. Section 15 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as follows:

“ 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 Vill 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.

l1|Page


“ ANY PERSON APPREHENDED UNDER THIS SECTION IS
PRESUMED TO HAVE USED A DANGEROUS DRUG IF HE/SHE HAS
SOME PHYSICAL MANIFESTATION OF BEING A DANGEROUS DRUG
USER AND HE/SHE REFUSED TO SUBMIT TO A DRUG TEST WITHIN
A PERIOD TWENTY FOUR (24) HOURS FROM APPREHENSION;
PROVIDED THAT THE ARRESTING OFFICER SHALL INFORM THE
SUSPECT ORALLY’ AND IN WRITING ABOUT THE SAID
PRESUMPTION IF ‘ HE/SHE DOES NOT PROMPTLY AND
VOLUNTARILY. SUBMIT ‘TO .A DRUG TEST. THIS PRESUMPTION,
HOWEVER, SHALL BE OVERTURNED BY A NEGATIVE RESULT OF
THE TEST TO.BE CONDUCTED BY ANY HOSPITAL, DQCTOR OR
HUMAN MEDICAL PRACTITIONER UNDER THE SUPERVISION OF
OR ACCREDITED BY THE DEPARTMENT OF HEALTH FOR THIS
PURPOSE, IN THE PRESENCE OF _ SAID PERSON'S
REPRESENTATIVE AND HIS COUNSEL OF CHOICE OR ANY
LAWYER AVAILABLE IF HE HAS NO COUNSEL OF CHOICE. THE
TEST SHALL LIKEWISE BE WITNESSED BY AT LEAST ONE
REPRESENTATIVE EACH FROM LOCAL OR NATIONAL MEDIA
ORGANIZATION AND FROM NEAREST REGIONAL TRIAL COURT IN
THE CITY OR PROVINCE OF THE PLACE OF APPREHENSION;

“ POSSESSION OF ANY INSTRUMENT, APPARATUS OR
PARAPHERNALIA FIT OR INTENDED FOR ANY OF THE PURPOSES
ENUMERATED IN SECTION 12 OF THIS ACT BY ANY PERSON
SUSPECTED OR APPREHENDED FOR USING DANGEROUS DRUGS
SHALL BE PRIMA FACIE EVIDENCE THAT THE LATTER HAS
SMOKED, CONSUMED, ADMINISTERED TO HIMSELF/HERSELF,
INJECTED, INGESTED OR USED A DANGEROUS DRUG.”

SECTION 11. The provisions in Section 16 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as follows:

“Section 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof. ~

XXXXX — XXXXX —_-XXXXX

“ 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.

ba A PERSON IS DEEMED FINANCIER TO THE VIOLATOR OF
THIS SECTION IF HE/SHE CAUSES THE PAYMENT, RAISING,
PROVIDING OR SUPPLYING MONEY FOR OR UNDERWRITING OF
THE PLANTING, MAINTENANCE AND OPERATION OF ANY
PLANTATION, FARM OR PLACE OF CULTIVATION OR CULTURE OF
ANY PLANT CLASSIFIED AS DANGEROUS DRUG OR SOURCE
THEREOF. ANY EVIDENCE SHOWING DELIVERY OR TRANSFER OF
MONEY, OF DRAWING OR ISSUING A CHECK, MONETARY
INSTRUMENT OR INVESTMENT TO THE ACCOUNT, CONTROL OR
CUSTODY OF A PERSON OR ENTITY KNOWN TO BE, CONNECTED
WITH OR WORKING FOR, THE VIOLATOR OF THIS SECTION IS,
UNLESS PROVEN OTHERWISE, A PRIMA FACIE PROOF OF THE
SENDER’S, TRANSFEROR’S OR ISSUER’S KNOWLEDGE OF
FINANCING THE LATTER’S ILLEGAL ACTIVITIES.

12|Page


a 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/coddier" of any
violator of the provisions under this Section.

Ed A PERSON IS DEEMED A CODDLER OR PROTECTOR IF
HE/SHE KNOWS THE CULTIVATOR, PRODUCER OR VIOLATOR OF
THIS SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN SHIELDING, HARBORING, SCREENING OR
FACILITATING THE ESCAPE OF SAID VIOLATOR. A PERSON IS
LIKEWISE DEEMED A PROTECTOR OR CODDLER IF HE/SHE HAS
KNOWLEDGE OF OR HAS REASONABLE GROUND TO BELIEVE
THAT ONE IS A CULTIVATOR, PLANTER, PRODUCER OF PLANTS.
CLASSIFIED AS DANGROUS DRUGS OR SOURCE THEREOF, AND.
HE/SHE USED HIS INFLUENCE, POWER OR POSITION IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
THE LATTER,

“ ANY ACT OF SHIELDING, HARBORING, SCREENING OR
FACILIATATING THE ESCAPE OF OR IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE VIOLATOR OF THIS
SECTION SHALL, UNLESS PROVEN OTHERSWISE, BE PRESUMED
TO HAVE KNOWLEDGE OF OR CONSENTED TO THE CULTIVATION
OR PRODUCTION OF PLANTS CLASSIFIED AS DANGEROUS
DRUGS OR SOURCE THEREOF, AND HE/SHE IS PRESUMED
FURTHER TO HAVE USED HIS INFLUENCE, POWER OR POSITION IN
DOING THE SAME. EXCEPT WHEN IT IS DONE BY ANY MEMBER OF
THE VIOLATOR’S IMMDEDIATE FAMILY OR HIS/HER LEGAL
COUNSEL, ANY PERSON WHO INTERCEDES AND/OR REPRESENTS
THE SAID VIOLATOR IS, UNLESS PROVEN OTHERWISE,
PRESUMED TO HAVE SHIELDED, HARBORED, SCREENED OR
FACILITATED THE ESCAPE OF OR PREVENTED THE ARREST,
PROSECUTION OR CONVICTION OF THE LATTER.”

SECTION 12. Section 20 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as follows:

~ 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. —

XXXXX  XKKXK XXX
a 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; PROVIDED, HOWEVER, THAT THE PROHIBITION PROVIDED
HEREIN SHALL NOT APPLY TO ANY FIREARM, EXPLOSIVE OR
WEAPON WHICH SHALL BE CONFISCATED, FORFEITED AND
DISPOSED OF IMMEDIATELY BY THE COURT IN FAVOR OF THE
GOVERNMENT, FOR THE USE OF THE PDEA OR OTHER LAW

13|Page


ENFORCEMENT AGENCIES INVOLVED IN FIGHTING ILLEGAL DRUG
TRAFFICKING.

XXXXX — XXXXK XXXXK

SECTION 13. Section 29 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as follows:

“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.

" A DEFENSE OF ‘PLANTING EVIDENCE’ INTERPOSED AND
PLEADED BY ANY PERSON CHARGED FOR VIOLATION OF ANY OF
THE UNLAWFUL ACTS PRESCRIBED IN THIS ACT IS DEEMED TO
BE A COMPLAINT AGAINST THE LAW ENFORCER/S OR PRIVATE
INDIVIDUAUS INVOLVED IN HIS/HER ARREST, SEARCH AND
SEIZURE.

- AS SOON AS THE ALLEGED PLANTING OF EVIDENCE HAS
BEEN INTERPOSED AND/OR PLEADED BEFORE OR DURING THE
PROCEEDING OF THE CASE AGAINST THE ACCUSED, THE COURT
UPON WHICH THE LATTER’S CASE IS PENDING SHALL CAUSE THE
PUBLIC PROSECUTOR ASSIGNED IN SAID COURT TO CONDUCT
PRELIMINARY INVESTIGATION FOR VIOLATION OF THIS SECTION
AND FILE THE CORRESPONDING INFORMATION. IN| THE
MEANTIME, THE PROCEEDINGS OF HIS/HER CASE SHALL BE
SUSPENDED UNTIL THE PRELIMINARY INVESTIGATION IS
CONCLUDED AND RESOLVED IN ACCORDANCE WITH THE
PROCEDURES ENUNCIATED IN SECTION 90 OF THIS ACT. IF
INFORMATION IS FILED FOR THE CRIME OF “PLANTING OF
EVIDENCE”, THE LAW ENFORCER OR ANY PRIVATE INDIVIDUAL
INVOLVED SHALL BE ARRAIGNED AND THIS CASE SHALL BE
TRIED JOINTLY WITH THAT OF THE COMPLAINING ACCUSED.”

® ANY PERSON WHO IS CHARGED AND PROSECUTED FOR
ALLEGEDLY PUTTING OR PLACING ANY DANGEROUS DRUG OR
SIMILAR SUBSTANCE AND/OR PUTTING OR PLACING ANY DRUG
EQUIPMENT, INSTRUMENT OR PARAPHERNALIA ON THE PERSON
OR IMMEDIATE PREMISES OF ANY ACCUSED/SUSPECT, SHALL BE
DEEMED TO HAVE PUT, PLACED OR PLANTED THE SAID
EVIDENCE IF THE RULES OF PROCEDURE AND/OR ENGAGEMENT
FOR ARREST, SEARCH AND SEIZURE HAVE NOT BEEN
COMPLIED.”

SECTION 14. Section 33 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby supplemented or added with provisions
which shall be stated as Section 33-A and shall read as follows:

“ SECTION 33-A. IMMUNITY FROM PROSECUTION UNDER
OTHER CIRCUMSTANCES, MINIMUM PENALTY AND COMMUTATION
OF SENTENCE. - ANY PERSON, CHARGED FOR VIOLATION OF
ANY OFFENSE UNDER THIS ACT AND HE/SHE IS NOT QUALIFIED

4] Page


FOR IMMUNITY UNDER PRECEDING SECTION 33, MAY APPLY FOR
IMMUNITY FROM PROSECUTION UNDER THIS SUB-SECTION 33-A IF
HE/SHE IS WILLING TO REVEAL THE IDENTITY AND
PARTICIPATION OF PERSONS INVOLVED FOR VIOLATION OF
SECTIONS 4, 5, 6, 8, 10 AND/OR 16, ARTICLE li OF THIS ACT,
INCLUDING THE LATTER’S FINANCERS, PROTECTORS OR
CODDLERS.

= THE GRANT OF HIS/HER APPLICATION FOR IMMUNITY IS
CONDITIONED UPON THE ARREST AND PROSECUTION OF ANY
ONE, SOME OR ALL OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED, THE WILLINGNESS FROM HIS/HER PART TO TESTIFY
AGAINST THE PERSON/S HE/SHE NAMED OR IDENTIFIED, HE/SHE
DOES NOT APPEAR TO BE MOST GUILTY FOR THE OFFENSE TO
WHICH HIS/HER INFORMATION OR TESTIMONY IS GIVEN, AND THE
CONCURRENCE OF THE FOLLOWING:

(1) THE INFORMATION AND TESTIMONY ARE NECESSARY FOR
THE CONVICTION OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED;

(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

THE INFORMANT OR WITNESS SHALL STRICTLY AND

FAITHFULLY COMPLY WITHOUT DELAY, ANY CONDITION OR

UNDERTAKING LAWFULLY IMPOSED BY THE STATE AS

FURTHER CONSIDERATION FOR THE GRANT OF IMMUNITY

FROM PROSECUTION AND PUNISHMENT.

(5)

“IF HE/SHE WOULD SATISFY THE ABOVE CONDITIONS FOR
THE GRANT OF IMMUNITY, THE APPLICANT MAY BE QUALIFIED
FOR AND PLACED UNDER THE WITNESS PROTECTION PROGRAM
(WPP).

sd IF NONE OF THE PERSON/S HE/SHE NAMED OR IDENTIFIED
HAS BEEN ARRESTED AND CHARGED, THE PROCEEDINGS OF
HIS/HER CASE SHALL CONTINUE, BUT THE COURT SHALL
SUSPEND PROMULGATION OF JUDGMENT FOR A PERIOD NOT
EXCEEDING SIX (6) MONTHS FROM THE DATE HIS/HER CASE IS
SUBMITTED FOR DECISION, UNLESS EXTENDED ONCE FOR THE
SAME PERIOD. THE COURT, HOWEVER, IS BOUND TO RENDER
JUDGMENT IF THE ACCUSED REQUESTS FOR EARLY DECISION.

bal THE COURT SHALL RENDER DECISION IF THE PERSON/S
HE/SHE NAMED OR IDENTIFIED REMAINS AT-LARGE AFTER THE
LAPSE OF THE ORIGINAL OR EXTENDED PERIOD. IF HE/SHE IS
FOUND GUILTY, THE COURT SHALL IMPOSE ONLY THE MINIMUM
PENALTY FOR THE OFFENSE CHARGED OR PROVEN. HOWEVER,
HE/SHE MAY BE CALLED LATER AS WITNESS FOR THE
PROSECUTION, WITH HIS/HER EXPRESS CONSENT, IN THE EVENT

15|Page


THAT ONE, SOME OR ALL OF PERSONS HE/SHE NAMED OR
IDENTIFIED HAS OR HAVE BEEN APPREHENDED AND CHARGED IN
COURT FOR VIOLATION OF SECTIONS 4, 5, 6, 8 10 AND 16 OF THIS
AGT. IF HE/SHE HAS TESTIFIED FOR THE PROSECUTION, HIS/HER
SENTENCE SHALL BE REDUCED FOR THE PERIOD UP TO THE
DATE OF THE PROMULGATION OF JUDGMENT OF THE PERSONS
AGAINST WHOM HE/SHE TESTIFIED. CONSEQUENTLY, HE/SHE
SHALL BE CONSIDERED TO HAVE FULLY SERVED SENTENCE AND
SHALL BE RELEASED IMMEDIATELY.”

SECTION 15. The cabinet rank of authorized and permanent representative of the ex
officio members of the Dangerous Drugs Board (DDB) stated in Section 78 of Republic Act 9165
otherwise known as the Comprehensive Dangerous Drugs Act of 2002 is hereby amended to.
read as follows:

» Section 78. Composition of the Board. - The Board shall be
composed of seventeen (17) members wherein three (3) of which are
permanent members, the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular members.

XXXXX —-XXXXX —-XXXXX

“ Cabinet secretaries who are members of the Board may designate
their duly authorized and permanent representatives whose ranks shall in
no case be lower than ASSISTANT SECRETARY.

XXXXX XXXXX  XXXXX

SECTION 16. Section 84(g) of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, shall be amended by deleting or replacing it with
a new provision to read as follows:

Ld Section 84, Powers and Duties of the PDEA. — The PDEA shall:
XXXXK XXXXX XXXXX

“ (g) COORDINATE AND MAKE CONFIDENTIAL REPORT WITH
RECOMMENDATION TO THE ANTI-MONEY LAUNDERING COUNCIL
{AMLC) FOR APPLICATION OF FREEZE ORDER, FOR INITIATION OF
APPROPRIATE SEIZURE OR FORFEITURE PROCEEDING AND FOR
INVESTIGATION, INSPECTION OR EXAMINATION OF ANY
FINANCIAL TRANSACTION, INVESTMENT OR ASSET IN ANY BANK
OR FINANCIAL INTERMEDIARY OF ANY PERSON SUSPECTED OR
APPREHENDED FOR VIOLATING SECTIONS 4, 5, 6, 8, 9, 10, 12, 13,
14 AND 16 OF THIS ACT.

& THE CONFIDENTIAL REPORT OR RECOMMENDATION THAT
iS BASED ON RELIABLE AND VERIFIED INTELLEGENCE
INFORMATION SHALL CONTAIN THE NAME OR IDENTITY OF THE
SUSPECT AND WHATEVER RELEVANT INFORMATION. IT HAS THE
EFFECT OF MAKING ALL HIS PERSONAL’ AND RELATED
TRANSACTIONS AS ‘SUSPICIOUS TRANSACTION’ DEFINED UNDER
SEC. 3(b-1) IN RELATION TO SECTION 4 OF REPUBLIC ACT 9160,

16|Page


AS AMENDED, OR THE ANTI-MONEY LAUNDERING ACT OF 2001.
THE SAME EFFECT IN THE CASE OF A REPORT OR
RECOMMENDATION MADE UPON ALL PERSONAL AND RELATED
TRANSACTIONS OF A PERSON ARRESTED OR APPREHENDED.

- PROPER COORDINATION AND EXCHANGE OF INFORMATION
WITH THE AMLC SHALL BE UNDERTAKEN TO SUBSTANTIATE
CHARGES, STRENGHTEN THE CASE AND/OR SUPPORT THE
PROSECUTION AGAINST THE PERSON SUBJECT OF THE SAID
REPORT OR RECOMMENDATION.

XXXXX KRRKX KIX”

SECTION 17, Section 84 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, shall be amended by providing additional power
cor duty, which shall be stated as Section 84(i-1) and shall read as follows:

* Section 84. Powers and Duties of the PDEA. - The PDEA shall:
XXXXX XXXXX XXXXX

“ (i) Monitor and if warranted by circumstances, in coordination with
the Philippine Postal Office and the Bureau of Customs, inspect all air
cargo packages, parcels and mails in the central post office, which appear
from the package and address itself to be a possible importation of
dangerous drugs and/or controlled precursors and essential chemicals,
through on-line or cyber shops via the internet or cyberspace;

hd (i-1) SUBJECT TO THE PROVISIONS OF RA 4200 OTHERWISE
KNOWN AS THE ANTI-WIRE TAPPING LAW, MONITOR ANY
MESSAGE, COMMUNICATION OR CONVERSATION TRANSMITTED
OR RECEIVED THROUGH WIRELESS OR DIGITAL
TELECOMMUNICATION, ON-LINE, INTERNET, CYBER OR
WHATEVER OTHER MEANS OF COMMUNICATION IF IT CONSIDERS
THAT SAID MESSAGE, COMMUNICATION OR CONVERSATION
LIKELY TO CONTAIN ANY INFORMATION RELATING TO THE
COMMISSION OF ANY OF THE UNLAWFUL ACTS OR ACTIVITIES
PRESCRIBED BY THIS ACT OR TO AN ACT PREPARATORY FOR,
RELATED TO OR FOR THE PURPOSE OF COMMITTING SAID
UNLAWFUL ACTS OR ACTIVITIES. FOR THIS PURPOSE, THE PDEA
SHALL ORGANIZE A SPECIAL UNIT OR OFFICE UNDER ITS
INTELLIGENCE AND INVESTIGATION SERVICES TO MONITOR BY
THE USE OF ELECTRONIC DEVICE ALL ACTIVITIES OF ANY
PERSON ENGAGED IN IMPORTATION, EXPORTATION,
MANUFACTURING, PLANTATION, CULTIVATION, | SELLING,
PUSHING, TRADING, TRANSPORTATION OR DISTRIBUTION OF
ILLEGAL DRUGS/SIMILAR SUBSTANCES, AND THEIR FINANCIERS,
PROTECTORS OR CODDLERS.

* SUBJECT TO THE PROVISIONS OF RA 4200 OTHERWISE
KNOWN AS THE ANTI-WIRE TAPPING LAW, ANY INFORMATION
GATHERED OR OBTAINED IN THE COURSE OF VALID MONITORING
MENTIONED IN THE PRECEDING PARAGRAPH, WHETHER BEFORE

ae a a 17|Page


OR AFTER THE SUBJECT PERSON IS CHARGED FOR VIOLATION
OF THIS ACT, MAY BE USED IN EVIDENCE AGAINST HIM.

XXXXX XXKXX XXXXX"

SECTION 18. Section 92 of Republic Act’ No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, shall be amended by’providing additional
paragraphs thereto, which shall read as follows:

“Section 92. Delay and Bungling in the Prosecution of Drug Cases.
— Any government officer or employee tasked with the prosecution of
drug-related cases under this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug cases, shall suffer the
penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

mt AN ACQUITTAL OR DISMISSAL OF ANY DRUG-RELATED
CASE IS DEEMED BUNGLING IN THE PROSECUTION OF SAID
CASE. UNLESS PROVEN OTHERWISE, A DECISION OF THE COURT
DISMISSING OR ACQUITTING A CASE PROSECUTED UNDER THIS
ACT IS PRESUMED THAT THE CASE HAS BEEN UNSUCCESSFULLY
PROSECUTED AND THE GOVERNMENT PROSECUTOR, LAW
ENFORCER, OFFICER OR EMPLOYEE INVOLVED IN THE
PROSECUTION THEREOF DELIBERATELY CAUSED THE
UNSUCCESSFUL PROSECUTION AND/OR DISMISSAL OF THE SAID
CASE.

* THE TRIAL COURT OR APPELLATE/REVIEWING COURT THAT
RENDERS THE JUDGEMENT OF ACQUITTAL OR ISSUES THE
ORDER OF DISMISSAL SHALL FURNISH A COPY THEREOF TO THE
CIVIL SERVICE COMMISSION AND TO THE OFFICE OF THE
OMBUDSMAN, WHICH SHALL PROMPTLY CONDUCT APPROPRIATE
ADMINISTRATIVE INVESTIGATION WITHIN A PERIOD OF FIVE (5)
DAYS FROM RECEIPT THEREOF. THE INVESTIGATION SHALL, IF
WARRANTED, INCLUDE THE IMPOSITION OF APPROPRIATE
ADMINISTRATIVE SANCTION AND THE FILING OF PROPER
CRIMINAL ACTION FOR VIOLATION OF THIS SECTION.”

SECTION 19. Separability Clause. - If any provision or part thereof that is held invalid or
declared unconstitutional, or the application thereof to any person or circumstance is held to be
invalid, the other provisions or sections of this Act not otherwise affected shall remain valid and
subsisting.

SECTION 20. Repealing Clause. - All laws, decrees or issuances, executive orders, letters
of instruction, administrative orders, rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed, modified or amended accordingly.

SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved, ,

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