Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session

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HOUSE BILL NO.

Introduced by HONORABLE WES T. GATCHALIAN

AN ACT
REIMPOSING THE DEATH PENALTY AND INCREASING PENALTIES FOR
CRIMES INVOLVING DANGEROUS DRUGS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

EXPLANATORY NOTE

On June 24, 2006, then President Gloria Macapagal-Arroyo signed into law
RA. No. 9346 prohibiting the imposition of death penalty and repealed all other
laws insofar as they impose the same penalty. Nevertheless, Section 19(1) of the
fundamental law of the land, the 1987 Constitution, provides that death penalty
shall not be imposed, unless for compelling reasons involving heinous crimes and the
Congress shall provide for it.

prevalence rate of drug addicts increased from 1.3 million or 1.8 percent
of the population in 2012 to 1.7 million or 2.3 percent. Recognizing the destructive
effects of illegal drug use and trafficking - from within the household to aggravating
criminality in the country - the current administration declared “war on drugs,”
and has since implemented more aggressive measures to implement the

Comprehensive Dangerous Drugs Acts of 2002 (CDDA)

CDDA recognizes users and possessors of illegal drugs as victims while the
drug traffickers and pushers as predators through the imposition of more severe
penalties for the latter. However, these predators - including politicians and even
policemen who are supposed to be in the frontline in enforcing the law - seem to be
unfazed with what is currently provided. For one, media emphasizes the effects of

the war on drugs only on small-time perpetrators.


‘This bill imposes death penalty for those convicted for proliferating
dangerous drug trafficking, including but not limited to: sale, trade, administration,
dispensation, delivery, distribution and transportation. It also increases the
penalties and fines for other acts such as importation and manufacturing. Another
innovation of this bill is the increased quantity of dangerous drug required to be

possessed, to avoid the problem of planting evidence on innocent citizens.

It is high time to rattle these undaunted traffickers down from their ivory
towers. It is incumbent to re-impose the death penalty on these powerful people
who believe they are above the law. It is also incumbent to recalibrate the existing
CDDA in order to address its lapses, tune in with the on-going war on drugs, and

provide a more rational standard to avoid abuses.

In view of the foregoing considerations, approval of this bill is earnestly

sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3261

—_—

Introduced by Honorable Wes Gatchalian

AN ACT
REIMPOSING THE DEATH PENALTY AND INCREASING PENALTIES FOR
CRIMES INVOLVING DANGEROUS DRUGS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE KNOWN AS THE
"COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002"

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

SECTION 1. Section 4, Article II of Republic Act 9165, as amended,
otherwise known as the ‘Comprehensive Dangerous Drugs Act of 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 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] IN THE QUANTITY PRESCRIBED UNDER

SECTION 11 HEREOF, including any and all species of opium poppy


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or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.

‘The penalty of LIFE imprisonment [ranging from twelve (12)
years and one (1) day to twenty (20) years] and a fine ranging from
[One] FIVE hundred thousand pesos ({P100,000.00] P500,000.00) to
[Five hundred thousand] TEN MILLION pesos ({P10,000,000.00]
P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import OR BRING INTO THE PHILIPPINES
any [controlled precursor and essential chemical] DANGEROUS
DRUGS LESS THAN THE QUANTITY SPECIFIED IN THE
PRECEDING PARAGRAPH, 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 ONE HUNDRED THOUSAND PESOS (P100,000.00)
TO FIVE HUNDRED THOUSAND PESOS (P500,000.00) SHALL BE
IMPOSED UPON ANY PERSON, WHO, UNLESS AUTHORIZED BY
LAW, SHALL IMPORT 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 and essential chemical through the use of a

diplomatic passport, diplomatic facilities or any other means involving


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his/her official status intended to facilitate the unlawful entry of the
same. In addition, the diplomatic passport shall be confiscated and
cancelled.

‘The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a

“financier” of any of the illegal activities prescribed in this Section.

‘The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (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.”

SEC. 2. Section 5 of the same Act is 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]
IN THE QUANTITY PRESCRIBED UNDER SECTION 11 HEREOF, 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 [One hundred


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thousand pesos (P100,000.00)] to 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 controlled precursor and essential
chemical, IN LESS THAN THE QUANTITY SPECIFIED IN THE
PRECEDING PARAGRAPH, 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 OF LIFE

IMPRISONMENT shall be imposed in every case.

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SEC. 3. Section 6 of the same Act is 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 IN THE
QUANTITIES PRESCRIBED UNDER SECTION 11 HEREOF is used or

sold in any form.

‘The penalty of [imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years] LIFE IMPRISONMENT and a fine

ranging from One hundred thousand pesos (P100,000.00) to Five


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hundred thousand pesos (P500,000.00) 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 or sold
in any form IN LESS THAN THE QUANTITY SPECIFIED IN THE

PRECEDING PARAGRAPH.

‘The maximum penalty provided for under this Section shall be
imposed in every case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the same in such a

place.

Should any dangerous drug be the proximate cause of the death
of a person using the same in such den, dive or resort, the penalty of
death and a fine ranging from One million (P1,000,000.00) to Fifteen
million pesos (P15,000,000.00) 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.


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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/coddler’ of any

violator of the provisions under this Section.”

SEC. 4. Section 8 of the same Act is likewise 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 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 REGARDLESS OF THE QUANTITY

AND PURITY OF THE DRUGS INVOLVED.

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] TEN
MILLION PESOS (P10,000,000.00) 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:


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(a) Any phase of the manufacturing process was conducted in the

presence or with the help of minor/s;

(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

(c) 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 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.”

SEC. 5. Section 11 of the same Act is hereby amended to read as follows:

“SEC. 11. Possession of Dangerous Drugs. - The penalty of [life

imprisonment to] death fand a fine ranging from Five hundred


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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
possess any dangerous drug in the following quantities, regardless of the

degree of purity thereof:

(1) [10] 200 grams or more of opium;

(2) [10] 200 grams or more of morphine;

(3) [10] 200 grams or more of heroin;

(4) [10] 200 grams or more of cocaine or cocaine hydrochloride;

(5) [50] 1000 grams or more of methamphetamine hydrochloride
or "shabu";

(6) [10] 200 grams or more of marijuana resin or marijuana resin
oil;

(7) [500] 10000 grams or more of marijuana; and

(8) [10] 200 grams or more of other dangerous drugs such as, but
not limited to, methylenedioxymethamphetamine (MDA) 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.

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 [Four] FIVE

hundred thousand pesos ({P40,000.00] P500,000.00) to [Five hundred


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thousand pesos] TEN MILLION PESOS (P10,000,000.00), if the
quantity of methamphetamine hydrochloride or "shabu" is [ten (10)]
MORE THAN FIVE HUNDRED (500) grams but LESS THAN [fifty (50)]
ONE THOUSAND (1000) grams;

(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
quantitfies]¥ of [dangerous drugs} [are] IS [five (5)] MORE THAN ONE
HUNDRED (100) grams but LESS THAN [ten (10)] FIVE HUNDRED
(500) grams of opium, morphine, heroin, cocaine or cocain
hydrochloride, marijuana resin or marijuana resin oil] ;
methamphetamine hydrochloride or “shabu” [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, 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

marijuanaj; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantitfies]¥ of [dangerous drugs are less than five (5) grams of opium,
morophine, heroin, cocaine or cocain hydrochloride, marijuana resin or
marijuana resin oil] methamphetamine hydrochloride or "shabu’, for
other dangerous drugs such as, but not limited to, MDMA or “ecstasy”,

PMA, TMA, LSD, GHB, and those similarly designed or newly


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introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic
requirements; or] IS less than [three hundred (300) grams of

marijuana.] ONE HUNDRED (100) grams;

(4). 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 MORE THAN ONE HUNDRED (100)
GRAMS BUT LESS THAN TWO HUNDRED (200) GRAMS OF OPIUM,
MORPHINE, HEROIN, COCAINE OR COCAINE HYDROCHLORIDE,
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, WITHOUT HAVING ANY THERAPEUTIC VALUE OR
IF THE QUANTITY POSSESSED IS FAR BEYOND THERAPEUTIC
REQUIREMENTS; OR MORE THAN FIVE THOUSAND (5000) GRAMS

BUT LESS THAN TEN THOUSAND (10000) GRAMS OF MARIJUANA;

(5) IMPRISONMENT OF TWELVE (12) YEARS AND ONE (1)
DAY TO TWENTY (20) YEARS AND A FINE RANGING FROM THREE
HUNDRED THOUSAND PESOS (P300,000.00) TO FOUR HUNDRED
THOUSAND PESOS (P400,000.00), IF THE QUANTITIES OF
DANGEROUS DRUGS ARE LESS THAN ONE HUNDRED (100) GRAMS
OF OPIUM, MORPHINE, HEROIN, COCAINE OR COCAINE

HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN OIL,

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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, WITHOUT HAVING ANY THERAPEUTIC
VALUE OR IF THE QUANTITY POSSESSED IS FAR BEYOND
THERAPEUTIC REQUIREMENTS; OR LESS THAN FIVE THOUSAND

(5000) GRAMS OF MARIJUANA.”

SEC. 6. Section 28 of the same Act is hereby amended to read as follows:

“SEC. 28. Criminal Liability of Government Officials and
Employees. ~ The [maximum] penaltfies]¥ of [the unlawful acts] DEATH
[provided for in this Act] shall be imposed, [in addition to absolute
perpetual disqualification from any public office], if those found guilty [of
such] FOR unlawful acts) POSSESSION OF THE AMOUNTS
PRESCRIBED UNDER SECTION 11 OF THIS ACT are government

officials and employees.

SEC. 7. Death by Lethal Injection. - The penalty of death imposed under
the sections abovementioned shall be carried out through lethal injection, Republic
Act No. 8177 otherwise known as the “Act Designating Death by Lethal Injection” is

thus hereby revived and activated.

SEC. 8. Implementing Rules and Regulations. - Within thirty (30) days
from the approval of this Act, the Secretary of Justice shall promulgate the

necessary rules and regulations for the effective implementation of this Act.

SEC. 9. Separability Clause. - If any provision or part of this Act is
declared invalid or unconstitutional, the remaining part or provisions not affected

shall remain in full force and effect.

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SEC. 10. Repealing Clause. - Republic Act No. 9346 is hereby repealed or
amended insofar as it prohibits the imposition of death penalty for the crimes
provided in this Act. All other laws, rules, regulations, orders, circulars, and other
issuances or parts thereof, which are inconsistent with the provisions of this Act

are hereby repealed, amended or modified accordingly.

SEC. 11. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in a newspaper of general circulation.

Approved,

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