Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No., 4150

Introduced by HON. ALETA C. SUAREZ

EXPLANATORY NOTE

In 2012 a United Nations (UN) World Drug Report tagged the Philippines as having the highest.
shabu (methamphetamine hydrochloride) abuse rate in East Asia.’ This alarming fact was
supported by data from the Dangerous Drugs Board (DDB) for the same year, stating an
estimated 1,7 million (representing an increase of 200,000 from the number of drug users

‘compared to 2010) Filipinos are hooked on drugs.”

The problem seems to be growing worst. Evidence of this is the growing number of prisoners in
jails and prison due to drug related crimes. This was revealed by an earlier news report where
former Supreme Court Associate Justice Adolf Azcuna, citing statistics from the Office of the
Court Administrator, declared that more than half of the criminal cases being tried by the courts
were drug-related and, as a result, our jails are filled with drug suspects.*

The statistics cited above are the mere tips of the iceberg since they it is based only on the
reported crimes based on our present law. While we do have a well-thought out and
comprehensive law which is Republic Act No. 9165, or the DANGEROUS DRUGS ACT OF
2002, there is a need to amend to law to respond to the evolving modus operanda of drug
syndicates.

“ http://www.philstar.com/headlines/2012/11/14/866389/ddb-17-million-pinoys-hooked-drugs
2 http://newsinfo.nquirer.net/inquirerheadlines/nation/view/20101117-303661/Drug-related-cases-clogging-
rations-courts

? http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101117-303661/Drug-related-cases-clogging-
nations-courts


It is now widely reported that drug syndicates are now resorting to selling prohibited drugs using
the “tingi-tingi” method. This is a devious way of circumventing criminal responsibility by
selling prohibited materials below the cut-off volume as set in the Dangerous Drugs Act. Also, to
aid in the prosecution of drug cases, it is essential that the State would have possession of the
accused, hence possession of dangerous drugs should be classified as non-bailable offenses.

In view of the foregoing, approval of this measure is earnestly sought.

-presentative'
3rd District, Quezon Province


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 415 0

Introduced by HON. ALETA C. SUAREZ

AN ACT AMENDING REPUBLIC ACT NO. 9165, “AN ACT INSTITUTING THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES”

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

Section 1. Section 11 of Republic Act No. 9165, as amended, is hereby amended to read
as follows:

“Section L1. Possession of Dangerous Drugs. - The penalty of life imprisonment

and a fine ranging from One Million Pesos (P1,000,000.00) to Ten million pesos

(P10,000,000.00) shall be imposed upon any person, who, unless authorized by

lav, shall possess any dangerous drug Regardless of the quantity and the degree

and purity thereof:

(1) opium;

(2) morphine;

(3) heroin;

(4) cocaine or cocaine hydrochloride;

(5) methamphetamine hydrochloride or "shabu";

(©) marijuana resin or marijuana resin oil;

(7) marijuana; and


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(8) 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.

To aid in the prosecution, all criminal acts based on this section shall be non-
bailable offenses.”

Section 2. Effectivity - This Act shall take effect fifteen days (15 days) after its complete

publication in at least two (2) newspapers of general circulation,

Approved