C. Decision of RTC in Drugs Cases

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine

(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (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 hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or “shabu” is ten (10) grams or more but less than fifty
(50) 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 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, 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
(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 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, 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.
SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

Dangerous Drugs. — The penalty of imprisonment ranging from six (6) months and one
(1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners and various professionals who are
required to carry such equipment, instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the necessary implementing
guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated Section 15 of this Act.
SEC. 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 maximum penalties provided for in Section 11 of this Act, regardless of
the quantity and purity of such dangerous drugs.
SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

Dangerous Drugs During Parties, Social Gatherings or Meetings. — The maximum
penalty provided for in Section 12 of this Act shall be imposed upon any person, who
shall possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons.
SEC. 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 VIII 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.
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 Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) 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 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.
SECTION 17. Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The
penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and
a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler,
importer, distributor, dealer or retailer who violates or fails to comply with the
maintenance and keeping of the original records of transactions on any dangerous drug
and/or controlled precursor and essential chemical in accordance with Section 40 of this
Act.
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or retailer.
SEC. 18. Unnecessary Prescription of Dangerous Drugs. — 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) and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are involved in the
care of persons with severe pain.
SEC. 19. Unlawful Prescription 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 imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing purporting to
be a prescription for any dangerous drug.
SEC. 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. — Every penalty
imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug and/or
controlled precursor and essential chemical, the cultivation or culture of plants which are
sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory
equipment, shall carry with it the confiscation and forfeiture, in favor of the government,
of all the proceeds and properties derived from the unlawful act, including, but not
limited to, money and other assets obtained thereby, and the instruments or tools with
which the particular unlawful act was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are not of lawful commerce shall
be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all the
proceeds of the offense and all the assets and properties of the accused either owned
or held by him or in the name of some other persons if the same shall be found to be
manifestly out of proportion to his/her lawful income: Provided, however, That if the
forfeited property is a vehicle, the same shall be auctioned off not later than five (5)
days upon order of confiscation or forfeiture.
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.
The proceeds of any sale or disposition of any property confiscated or forfeited under
this Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.

C. Decision of RTC in Drugs Cases

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C. Decision of RTC in Drugs Cases

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(8) 10 grams or more of other dangerous drugs such as, but not limited to,

methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine

SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources

SECTION 17. Maintenance and Keeping of Original Records of Transactions on

SEC. 18. Unnecessary Prescription of Dangerous Drugs. — The penalty of

SEC. 19. Unlawful Prescription of Dangerous Drugs. — The penalty of life imprisonment

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