CRIMINAL LIABILITY OF ALIENS, OFFICERS

OF PARTNERSHIP, CORPORATION, ASSOCIATIONS, OR OTHER JURIDIUCAL ENTITIES

1. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of the Law, after service of sentences, shall be deported immediately without further proceedings, unless the penalty is death.
2. In case the violation of the Law is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal.
3. The penalty provided for the offense under the Law shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, aircraft, equipment or other facility as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation, or manufacture of dangerous drugs, or chemical diversion, if such vehicle, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.

CRIMINAL LIABLITY OF PUBLIC OFFICERS OR EMPLOYEES

1. Any public officer or employee who (1) misappropriates, (2) misapplies or (3) fails to account for confiscated, seized or surrendered drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts punished under the Law shall be penalized with life imprisonment to death and a fine ranging fromP500,000.00 to P10,000,000.00 and with perpetual disqualification from any public office (Sec.27).

1. Any government official or employee found guilty of the unlawful acts punished under the Law shall be imposed the maximum penalties provided for the offense and shall be absolutely perpetually disqualified from holding any public office. (Sec. 28).

CRIMINAL LIABILITY OF ELECTIVE LOCAL OR NATIONAL OFFICIALS WHO BENEFITS FROM DRUG TRAFFICKING – whether or not he know that it came from drugs, but the one who gave must be convicted first by final judgment.

1. Any elective local or national official found to have (1) benefited from the proceeds of the trafficking of dangerous drugs as prescribed in the Law, or has (2) received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drug as prescribed in the law, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or controlled corporations (\sec.27)

CRIMINALLIABILITY OF PRIVATE INDIVIDUAL

1. Any person found guilty of “planting” any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall be punished with death. (Sec. 29).
2. Any person violating any regulation issued by the Dangerous Drug Board shall be punished with imprisonment ranging from 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 in addition to the administrative sanction which may be imposed by the Board (Sec. 32)

CRIMINAL LIABILITY FOR

PLANTING OF EVIDENCE

Any person who is found guilty of planting nay dangerous drug and/ or controlled precursor and essential chemicals, regardless of quantity and purity, shall suffer the penalty of death. (Sec. 29). Previosly, only law enforcement agent maybe held liable (R.A. 7659).

ACCESORY PENALTIES

Any person convicted under this Law (R.A.9165 ) shall be disqualified to exercise his/her civil rights such as, but not limited to, the right of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction (Sec.35)

AGGRAVATING CIRCUMSTANCES

DRUG RELATED CASES

1.) If the importation or bringing into the Philippines of any dangerous drugs and/or controlled precursor and essential chemicals was done through the use of diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same

2.) The sale trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpired within one hundred (100) meters from the school

3.)   The drug pusher use minors or mentally incapacitated individuals as runners, couriers and messenger, or in any other capacity directly connected to the dangerous drug and/or controlled precursor and essential chemical trade.

4.) The victim of the offense is a minor or mentally incapacitated individual, or should a dangerous drug and/or controlled precursor and essential chemicals involved `in any offense be the proximate cause of death of a victim.

5.) In case 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 minor/s

b.)   Any phase of 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.

e.)   Any employment of a practitioner, chemical engineer, public official or foreigner.

6.) In case the person uses a minor or a mentally incapacitated individual to deliver equipment, instrument, apparatus and other paraphernalia use for dangerous drugs.

7.) Any person found possessing any dangerous drug during a party, or a social gathering or meeting, or in the proximate company of at least two (2) person.

8.) Possession or having under his/her control any equipment, instrument, apparatus and other paraphernalia fit of 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) person

WHAT ARE THE PRIVILEGE NOT

AVAILABLE TO VIOLATOR OF THIS ACT?

1.) Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

2.) Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law of P.D. No. 968, as amended, except minors who are first-time offenders.

Note:– Pendency of appeal suspend the right of the accused

– Rights to Self-incrimination do not refer to giving blood.

IMMUNITY FROM PROSECUTION

AND PUNISHMENT

Immunity from Prosecution and punishment – Notwithstanding the provision of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefits Act of 1991, any person who has violated Sections 7,11, 12, 14, 15 and 19, Article II of this Act, who voluntarily gives information about any violation of Section 4, 5, 6, 8, 13 and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by drug syndicate, or of any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against  such persons as described above, shall be exempted from the prosecution or punishment for the offense with reference to which his/her information of testimony in bar of such prosecution; Provided, that the following condition concur:

1.) The information and testimony are necessary for the conviction of the person described above;

2.) Such information 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

5.) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given. Provide, finally, that there is no direct evidence available for the State except for the information and testimony of the said informant or witness.