Solon seeks penalty of person in possession

of illegal drugs regardless of quantity

A lawmaker is seeking the amendment of the present Dangerous Drugs Act to penalize any
person found to be in possession of dangerous drug regardless of its quantity and purity with life
imprisonment and a fine ranging from P1 million to P10 million, and to classify the possession of
dangerous drugs a non-bailable offense
!ep Aleta "uarez #$
rd
District, %uezon& said her proposal embodied in 'ouse (ill )1*0 seeks
to amend "ection 11 of !epublic Act +1,*, otherwise known as the -omprehensi.e Dangerous Drugs
Act of /00/, which imposes a penalty of life imprisonment to death, and a fine of P*00,000 to P10
million pesos on any person depending on the quantity of dangerous drug he is in possession of
"uarez said there is a need to amend !A +1,* to respond to the e.ol.ing modus operanda of
drug syndicates and to aid in the prosecution of drug cases

"he noted it is now widely reported that drug syndicates ha.e resorted to selling prohibited
drugs using the 0tingi-tingi1 method to circum.ent criminal responsibility
02he 3tingi-tingi4 method is a de.ious way of circum.enting criminal responsibility by selling
prohibited materials below the cut-off .olume as set in the Dangerous Drugs Act,1 said "uarez
"uarez further said to aid in the prosecution of drug cases, it is essential that the "tate would
ha.e possession of the accused, hence possession of dangerous drugs should be classified as a non-
bailable offense
2he lawmaker said the drug problem seemed growing worst, as e.idence by the growing
number of prisoners in 5ails and prison cells due to drug-related crimes
02his was re.ealed by an earlier news report where former "upreme -ourt Associate 6ustice
Adolf Azcuna, citing statistics from the 7ffice of the -ourt Administrator, declared that more than
half of the criminal cases tried by the courts were drug-related and as a result, our 5ails are filled with
drug suspects,1 said "uarez
8n /01/, she said a 9nited :ations #9:& ;orld Drug report tagged the country as ha.ing the
highest shabu #methamphetamine hydrochloride& abuse rate in <ast Asia
02his alarming fact was supported by the data from the Dangerous Drugs (oard #DD(& for
the same year, stating an estimated 1= million >ilipinos are hooked on drugs, representing an
increase of /00,000 from the number of drug users compared to /010,1 said "uarez
8n 'ouse (ill )1*0, "uarez sought the amendment of "ection 11 of !A +1,* on the
possession of dangerous drugs so that the penalty of life imprisonment and a fine ranging from P1
million to P10 million shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug regardless of the quantity and the degree and purity thereof
NR # 3502B
JUNE 19, 2014
2he bill also pro.ides that 02o aid in the prosecution, all criminal acts based on "ection 11
shall be non-bailable offenses1
At present, "ection 11 of !A +1,* pro.ides certain penalties on a person, depending on the
quantity of dangerous drugs he is illegally in possession of
2he law pro.ides that a penalty of life imprisonment to death and a fine ranging from
P*00,000 to P10 million 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 grams or more of opium@
#/& 10 grams or more of morphine@
#$& 10 grams or more of heroin@
#)& 10 grams or more of cocaine or cocaine hydrochloride@
#*& *0 grams or more of methamphetamine hydrochloride or 0shabu@
#,& 10 grams or more of mari5uana resin or mari5uana resin oil@
#=& *00 grams or more of mari5uana@ and
#A& 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioBymethamphetamine #CDA& or 0ecstasy1, paramethoByamphetamine #PCA&,
trimethoByamphetamine #2CA&, lysergic acid diethylamine #D"D&, gamma hydroByamphetamine
#E'(&, and those similarly designed or newly introduced drugs and their deri.ati.es, without ha.ing
any therapeutic .alue or if the quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the (oard in accordance to "ection +$, Article F8 of this Act
2he present law also pro.ides that if the quantity in.ol.ed is less than the foregoing
quantities, the penalties shall be graduated as follows?
#1& Dife imprisonment and a fine ranging from P)00,000 to P*00,000, if the quantity of
methamphetamine hydrochloride or 0shabu1 is 10 grams or more but less than *0 grams@
#/& 8mprisonment of /0 years and one day to life imprisonment and a fine ranging from P)00,000 to
P*00,000, if the quantities of dangerous drugs are fi.e grams or more but less than 10 grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, mari5uana resin or mari5uana resin oil,
methamphetamine hydrochloride or 0shabu1, or other dangerous drugs such as, but not limited to,
CDCA or 0ecstasy1, PCA, 2CA, D"D, E'(, and those similarly designed or newly introduced
drugs and their deri.ati.es, without ha.ing any therapeutic .alue or if the quantity possessed is far
beyond therapeutic requirements@ or $00 grams or more but less than *00 grams of mari5uana@ and
#$& 8mprisonment of 1/ years and one day to /0 years and a fine ranging from P$00,000 to P)00,000,
if the quantities of dangerous drugs are less than fi.e grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, mari5uana resin or mari5uana resin oil, methamphetamine hydrochloride or
0shabu1, or other dangerous drugs such as, but not limited to, CDCA or 0ecstasy1, PCA, 2CA,
D"D, E'(, and those similarly designed or newly introduced drugs and their deri.ati.es, without
ha.ing any therapeutic .alue or if the quantity possessed is far beyond therapeutic requirements@ or
less than $00 grams of mari5uana #$0& rbb