Comprehensive Dangerous Drugs Act of 2002
Comprehensive Dangerous Drugs Act of 2002
In an attempt to put an end to the illegal drug trade, the President repealed the Dangerous Drugs Act of
1972 or RA 6425.
The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) provides for stiffer penalties for illegal
drug possession and pushing. It imposes capital punishment on those convicted for selling, trading,
trafficking, importing and cultivating dangerous drugs and their controlled precursors.
The same penalty is also imposed on those who possessed 10 grams or more of opium, morphine,
heroin, cocaine, ecstasy and other dangerous drugs as listed in the annex of the law, 50 grams or more
of shabu, 500 grams of marijuana.
For the possession of lesser quantities of the same drugs mentioned above, the law imposes the penalty
of life imprisonment. But persons found guilty of possessing less than five grams of the drugs listed in
the annex would be meted a 12-year prison term.
Stiff penalties are also been imposed on convicted dangerous drug financiers, protectors, coddlers and
traders who use cellular phones and the Internet in making illegal deals.
The new law seeks the speedy destruction of seized dangerous drugs as it provides punishment for
policemen and prosecutors who delay or bungle drug cases.
To protect the people from the bad effects of dangerous drugs, the new law provides mandatory drug
tests for drivers and firearms holders, random drug tests for students and workers in the government
and private sectors, and compulsory education on dangerous drugs in all school levels.
RA 9165 also gives Congress oversight functions over drug cases, while providing funds to fully
implement the law. An initial P25 million has been appropriated for various activities. ~~
Cebu Citys Police Coordinating and Advisory Council will ask the Philippine National Police to review
its policy on the conduct of illegal drug operations. Lawyers of drug suspects have been
exploiting stringent rules to get cases acquitted or dismissed on technicalities, according to the police.
Vice Mayor Edgardo Labella, who chairs the PCAC, said one rule that they are questioning is the
requirement for the police to secure authorization or deputization from the Philippine Drug
Enforcement Agency (PDEA) for a raid. Labella also cited section 21 of Republic Act 9165 or the
Comprehensive Dangerous Drugs Act of 2002 which requires a police team to conduct an inventory and
photograph the confiscated materials in the presence of a media representative, the Department of
Justice (DOJ) and any elected public official who shall be required to sign the copies of the inventory
reports. Police said they had difficulty getting media repersentatives or public officials to sign as
witnesses of a raid and the inventory of seized items in a drug raid. These have become the weapon
now of the defense lawyers. In the prosecution of anti-drug cases, defense lawyers will move for the
dismissal of cases because of the provisions of the memo, Labella said. Labella said these requirements
were cited by Senior Supt. Noli Romana, Cebu City police chief, as the reason behind the decline in the
arrests of drug traffickers. - See more at: http://cebudailynews.inquirer.net/30326/drug-raid-
guidelines-need-change-2#sthash.Zi4Ijhcs.dpuf