REPUBLIC ACT 9165

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

BY:

ATTY. ROQUE ATANOSO MERDEGIA Jr

Police Superintendent
Chief, CIDG-ATCU
 WHAT IS RA 9165?

Republic Act No 9165

otherwise known as the
Comprehensive Dangerous
Drugs Act of 2002, which was
passed into law on June 7, 2002,
overhauled the 30-year old
Dangerous Drugs Act of 1972.
The new law increase penalties
for drug related offenses while
placing more emphasis on the
rebuilding of lives trough
rehabilitation and treatment.
DEFINITION OF TERMS
 DEFINITION OF TERMS

ADMINISTER
Any act of introducing any
dangerous drug into the body of any
person, with or without his/her
knowledge, by injection, inhalation,
ingestion or other means, or of
committing any act of indispensable
assistance to a person in
administering a dangerous drug to
himself/herself unless administered
by a duly licensed practitioner for
purposes of medication.
 DEFINITION OF TERMS

CHEMICAL DIVERSION
The sale, distribution, supply or transport
of legitimately imported, in-transit,
manufactured or procured controlled
precursors and essential chemicals, in
diluted, mixtures or in concentrated form,
to any person or entity engaged in the
manufacture of any dangerous drug, and
shall include packaging, repackaging,
labeling, relabeling or concealment of such
transaction through fraud, destruction of
documents, fraudulent use of permits,
misdeclaration, use of front companies or
mail fraud.
 DEFINITION OF TERMS

CLANDESTINE LABORATORY
Any facility used for the illegal manufacture of any dangerous
drug and/or controlled precursor and essential chemical.
 DEFINITION OF TERMS

CONFIRMATORY TEST
An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will
validate and confirm the result of the screening test.
 DEFINITION OF TERMS

CONTROLLED DELIVERY
The investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled precursor
and essential chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense, to
pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify
any person involved in any dangerous drugs related offense, or to
facilitate prosecution of that offense.
 DEFINITION OF TERMS
CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICALS
Those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an
integral part of this Act .
 DEFINITION OF TERMS
CULTIVATION
Any act of knowingly planting, growing, raising, or permitting
the planting, growing or raising of any plant which is the source
of a dangerous drug.
 DEFINITION OF TERMS

DANGEROUS DRUGS
Include those listed in the
Schedules annexed to the 1961
Single Convention on Narcotic
Drugs, as amended by the 1972
Protocol, and in the Schedules
annexed to the 1971 Single
Convention on Psychotropic
Substances as enumerated in the
attached annex which is an
integral part of this Act.
 DEFINITION OF TERMS

DELIVERY
Any act of knowingly passing a
dangerous drug to another,
personally or otherwise, and by
any means, with or without
consideration.
 DEFINITION OF TERMS

DEN, DIVE OR
RESORT
A place where any
dangerous drug and/or
controlled precursor and
essential chemical is
administered, delivered,
stored for illegal purposes,
distributed, sold or used in
any form.
PASIG “SHABU TIANGGE”
 DEFINITION OF TERMS

DISPENSE
Any act of giving away,
selling or distributing
medicine or any dangerous
drug with or without the
use of prescription.
 DEFINITION OF TERMS

DRUG SYNDICATE
Any organized group of
two (2) or more persons
forming or joining together
with the intention of
committing any offense
prescribed under this Act.
 DEFINITION OF TERMS
EMPLOYEE OF DRUG DEN, DIVE OR RESORT
Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this
Act.
 DEFINITION OF TERMS

FINANCIER
The caretaker, helper, watchman, lookout, and other persons
working in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
 DEFINITION OF TERMS
ILLEGAL TRAFFICKING
The illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of
any dangerous drug and/or controlled precursor and
essential chemical.
 DEFINITION OF TERMS

INSTRUMENT
Any thing that is used in or intended to be used in any manner
in the commission of illegal drug trafficking or related offenses.

LABORATORY EQUIPMENT
The paraphernalia, apparatus, materials or appliances when
used, intended for use or designed for use in the manufacture of
any dangerous drug and/or controlled precursor and essential
chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating
mantle, gas generator, or their substitute.
 DEFINITION OF TERMS
Cannabis or commonly known as "Marijuana" or
"Indian Hemp" or by its any other name.
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis Americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering, flowering or fruiting tops,
or any part or portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.
 DEFINITION OF TERMS

Methylenedioxymethamphetamin
e (MDMA) or commonly known
as "Ecstasy", or by its any other
name

Refers to the drug having such

chemical composition, including
any of its isomers or derivatives
in any form.
 DEFINITION OF TERMS

Methamphetamine
Hydrochloride or commonly
known as "Shabu", "Ice",
"Meth", or by its any other name

Refers to the drug having such

chemical composition, including
any of its isomers or derivatives
in any form.
 DEFINITION OF TERMS

Planting of Evidence
The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly
or indirectly, through any overt or covert act, whatever
quantity of any dangerous drug and/or controlled precursor
and essential chemical in the person, house, effects or in the
immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of
any violation of this Act.
 DEFINITION OF TERMS

Protector/Coddler

Any person who knowingly and willfully consents to the

unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring, screening
or facilitating the escape of any person he/she knows, or has
reasonable grounds to believe on or suspects, has violated the
provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
 DEFINITION OF TERMS

Pusher

Any person who sells, trades, administers, dispenses, delivers

or gives away to another, on any terms whatsoever, or
distributes, dispatches in transit or transports dangerous
drugs or who acts as a broker in any of such transactions, in
violation of this Act.
 DEFINITION OF TERMS

Sell

Any act of giving away any dangerous drug and/or controlled

precursor and essential chemical whether for money or any
other consideration.
 DEFINITION OF TERMS

Trading

Transactions involving the illegal trafficking of dangerous

drugs and/or controlled precursors and essential chemicals
using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios,
internet, instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money or any
other consideration in violation of this Act.
 DEFINITION OF TERMS

Use
Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
UNLAWFUL ACTS
 UNLAWFUL ACTS

Section 4. Importation of
Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals.

Import or bring any

dangerous drug OR any
controlled precursor and
essential chemical.
 UNLAWFUL ACTS

Section 5. Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.

SELL, TRADE, ADMINISTER, DISPENSE, DELIVER, GIVE

AWAY TO ANOTHER, DISTRIBUTE DISPATCH IN TRANSIT
OR TRANSPORT

• Any dangerous drug;

• Any controlled precursor and essential chemical; and
• Or brokers/Middle man.
ARRESTED FOR VIOLATION
OF SEC 5
 UNLAWFUL ACTS

Qualifying Circumstances

• Sale, trading, administration, dispensation, delivery, distribution or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school.

• Use minors or mentally incapacitated individuals as runners, couriers and

messengers, or in any other capacity directly connected to the dangerous drugs
and/or controlled precursors and essential chemical trade.

• Victim of the offense is a minor or a mentally incapacitated individual, or

should a dangerous drug and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate cause of death of a
victim thereof, organizes, manages or acts as a "financier“ "protector/coddler“
 UNLAWFUL ACTS
ELEMENTS

1.Identity of the buyer and seller, the object and

consideration; and
2.Delivery of the thing sold and payment therefore.

(People vs. Paragek 399 SCRA 490)

Jurisprudence has firmly entrenched the following elements in the

crime of illegal sale of prohibited drugs: (1) the accused sold and delivered
a prohibited drug to another, and (2) he knew that what he had sold and
delivered was a dangerous drug. (People vs. Pendatun, 434 SCRA 148).
 UNLAWFUL ACTS
TESTIMONIAL EVIDENCE

Testimony of the buy-bust team or entrapment team

-Poseur Buyer
-Police Investigator
-Forensic Chemist
-Arresting Officers
 UNLAWFUL ACTS
SUPREME COURT DECISIONS
The commission of the offense of illegal sale of dangerous drugs requires merely
the consummation of the selling transaction, which happens the moment the buyer receives
the drug from the seller. (People vs. Bandang, 430 SCRA 70)

A buy-bust operation is a form of entrapment which has been accepted to be a

valid means of arresting violators of the Dangerous Drugs Law. (People vs. Ahmad, 419
SCRA 677).

There is no rigid or textbook method in conducting buy-bust operations. (People

vs. Ahmad).
 UNLAWFUL ACTS
SUPREME COURT DECISIONS
Neither law nor jurisprudence requires the presentation
of any of the money used in a “buy-bust” operation. (People
vs. Yang, 423 SCRA 82).

The absence of a prior surveillance or test buy does not

affect the legality of the buy-bust operation. (People vs. Li Yin
Chu, 423 SCRA 158)
 UNLAWFUL ACTS
Section 6. Maintenance of a Den, Dive or Resort.

Maintaining a den, dive or resort

• Any dangerous drug is used or sold in any form.
• Any controlled precursor and essential chemical is used or sold in any
form.

Qualifying circumstances.
• A minor was allowed to use the drugs in such a place.
• Dangerous drug be the proximate cause of the death of a person using
the same in such den, dive or resort.
• Owned by a third person- confiscated and escheated in favor of the
government.

Organizer, managers or "financier"

"protector/coddler“
 UNLAWFUL ACTS
Are the employees and visitors of a drug den liable?

YES.
1. Any employee of a den, dive or resort, who is aware of the
nature of the place as such; and

2. Any person who, not being included in the provisions of

the next preceding, paragraph, is aware of the nature of the
place as such and shall knowingly visit the same.
 UNLAWFUL ACTS

Section 8. Manufacture of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals.

Manufacture of

(a) dangerous drug or

(b) controlled precursor and essential chemical.

The presence of any controlled precursor and essential

chemical or laboratory equipment in the clandestine laboratory
is a prima facie proof of manufacture of any dangerous drug.
 UNLAWFUL ACTS

Aggravating circumstances

(a) Any phase of the manufacturing process was conducted

in the presence or with the help of minor/s:

(b) Any phase or manufacturing process was established or

undertaken within one hundred (100) meters of:

• Residential,
• Business,
• Church or
• School premises;
 UNLAWFUL ACTS
(c) CLANDESTINE LAB - secured or protected with booby
traps;

(d) CLAN LAB - concealed with legitimate business operations;

or

(e) Employment of a practitioner, chemical engineer, public

official or foreigner.

"financier" and

"protector/coddler"
 UNLAWFUL ACTS

Section 9. Illegal Chemical Diversion of Controlled Precursors and

Essential Chemicals.

Divert any controlled precursor and essential chemical.

Chemical Diversion

The sale, distribution, supply or transport of legitimately imported, in-

transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of documents, fraudulent use
of permits, misdeclaration, use of front companies or mail fraud.
 UNLAWFUL ACTS
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus,
and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals.

• Deliver,

• Possess with intent to deliver, or

• Manufacture with intent to deliver

 UNLAWFUL ACTS

Equipment, instrument, apparatus and other paraphernalia for

dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.

Qualified if uses a minor or a mentally incapacitated individual

to deliver such equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
 UNLAWFUL ACTS
Section 11. Possession of Dangerous Drugs.

Possession of any dangerous drug

10 grams or more of opium, morphine, heroin, cocaine or cocaine

hydrochloride, marijuana resin or marijuana resin oil;

50 grams or more of methamphetamine hydrochloride or "shabu";

500 grams or more of marijuana

10 grams or more of other dangerous drugs "ecstasy",

paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements.
 UNLAWFUL ACTS
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs

POSSESSION 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.

The possession of such is a 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.
 UNLAWFUL ACTS

ELEMENTS:

In a prosecution for illegal possession of dangerous drugs, the following

facts must be proven with moral certainty:

 That the accused is in possession of the object identified as a

prohibited or regulated drug;

 That such possession is not authorized by law; and

 That the accused freely and consciously possessed the said drug.

(People vs. Del Norte, 426 SCRA 383)

 UNLAWFUL ACTS

Possesion, under the law, includes, includes not only actual

possession, but also constructive possession-

Actual possession exists when the drug is in the immediate

physical possession or control of the accused, and

Constructive possession exists when the drug is under the

dominion and control of the accused or when he has the right to
exercise dominion and control over the place where it is found.

(People vs. Tira, 430 SCRA 134)

 UNLAWFUL ACTS
While it is not necessary that the property to be searched or seized should
be owned by the person against whom the search warrant is issued, however,
there must be sufficient showing that the property is under appellant’s control
or possession.

(People vs. Del Castillo, 439 SCRA 601)

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings

or Meetings possessing any dangerous drug during

1. Party

2. Social gathering or meeting,

3. In the proximate company of at least two (2) persons

 UNLAWFUL ACTS
Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or Meetings

Possession or have under his/her control

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.
 UNLAWFUL ACTS
Section 15. Use of Dangerous Drugs

A person apprehended or arrested

found to be positive for use of any

dangerous drug

after a confirmatory test

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.
 UNLAWFUL ACTS
Section 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof

Plant, cultivate or culture

 WHAT HAPPENS TO THE
CONFISCATED ILLEGAL DRUGS

Section 21. Custody and Disposition of Confiscated,

Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment.

The PDEA shall take charge and have custody of all

dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
 WHAT HAPPENS TO THE
CONFISCATED ILLEGAL DRUGS
The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required to
sign the copies of the inventory and be given a copy thereof;
 IMPLEMENTING RULES AND
REGULATIONS OF SEC 21
Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment.
(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice (DOJ), and/or
any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof; Provided, that the physical inventory
and photograph shall be conducted at the place where the search warrant is
served; or at the nearest police station or at the nearest office of the
apprehending officer/team, whichever is practicable, in case of warrantless
seizures; Provided further that non-compliance with these requirements under
justifiable grounds, as long as the integrity and the evidentiary value of the
seized items are properly preserved by the apprehending officer/team, shall not
render void and invalid such seizures and of custody over said items;
What is the effect of non-compliance of police
operatives with Section 21 para (1)?
[G.R. No. 171019, February 23, 2007]

PEOPLE OF THE PHILIPPINESVS. RAFAEL STA. MARIA Y INDON

“It is beyond quibbling then that the failure of the law enforcers to comply strictly with Section 21
was not fatal. It did not render appellants arrest illegal nor the evidence adduced against him
inadmissible.

The law excuses non-compliance under justifiable grounds.”

HOWEVER
Recent cases decided by the Supreme Court held otherwise.

PP vs Geraldine Magat y Paderon GR 179939, September 29, 2008 held that “The failure of the
agents to comply with such requirement raises doubt whether what was submitted for laboratory
examination and presented in court is the same drug and/or paraphernalia as that actually recovered
from the accused.
While the seized drugs may be admitted in evidence, it does not necessarily follow that the same
should be given evidentiary weight if the procedure in Section 21 of R.A. No. 9165 was not complied
with.  The Court stressed that the admissibility of the seized dangerous drugs in evidence should not
be equated with its probative value in proving the corpus delicti. The admissibility of evidence
depends on its relevance and
 UNLAWFUL ACTS
SECTION 26. ATTEMPT OR CONSPIRACY – Any ATTEMPT or
CONSPIRACY to commit the ff:

• Importation of any DD and/or CPECS

• Sale, trading, administration, dispensation, delivery,
dispensation and transportation of any DD and/or CPECS
• Maintenance of a den, dive or resort
• Manufacture of any DD/CPECS
• Cultivation or culture of plants which are sources of DD.
 
There is an ATTEMPT when the offender commences the commission of
a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance. RPC
 CONSPIRACY
Conspiracy exist when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Aradillos vs Court of Appeals, 419 SCRA 514.

To be a co-conspirator, one need not participate in every detail of the

execution- he need not even take part in every act or need not even
know the exact part to be performed by the others in the execution of
the conspiracy. People vs De Jesus, 429 SCRA 384
 
Mere presence at the scene of the crime does not imply conspiracy.
Aradillos vs Court of Appeals, 419 SCRA 514
 
Mere presence of a person at the scene of the crime does not make
him a conspirator for conspiracy transcends companionship. People
vs Comadre, 431 SCRA 366
 CONSPIRACY
Having dinner or lunch at a restaurant does not constitute sufficient proof
that he had conspired with them or with any of them to possess the
subject regulated drugs. Mere association with the principals by direct
participation or mere knowledge of conspiracy, without more, does not
suffice. People vs Huang Zhen Hua, 439 SCRA 350
 
There is no conspiracy in just being married to an erring spouse – for a
spouse or any person to be a party to a conspiracy as to be liable for the
acts of the others, it is essential that there be intentional participation in
the transaction with a view to the furtherance of the common design.
Teves vs Sandiganbayan, 447 SCRA 309.
 QUESTION
Can the accused avail of the plea bargaining mode or
invoke the Probation Law?

NO.

Dangerous Drugs Board (DDB)

1. Policy-making and strategy-formulating body

2. 17 members
3. Promulgate rules
 QUESTION
Philippine Drug Enforcement Agency (PDEA)

1. Implementing arm of the DDB

2. Custodian of all dangerous drugs seized
3. Causes the filing of cases for violation of RA 9165
4. Establishes and maintains a national drug intelligence
system.

What happens to existing Drug Units?

The PNP’s NARGROUP and other law enforcement anti drug

units were abolished.
 QUESTION

Does the PNP still authorized to conduct anti-illegal operation?

[G.R. No. 171019, February 23, 2007]

PEOPLE OF THE PHILIPPINES VS. RAFAEL STA. MARIA Y
INDON

“As we see it, Section 86 is explicit only in saying that the PDEA
shall be the lead agency in the investigations and prosecutions of
drug-related cases. Therefore, other law enforcement bodies still
possess authority to perform similar functions as the PDEA as long
as illegal drugs cases will eventually be transferred to the latter”
 QUESTION

IS NON-COORDINATION OF THE PNP

WITH THE PDEA PRIOR TO BUY-BUST
INVALIDATE THE OPERATION?

NO.
 People versus Roa, G.R. No. 186134, May 6, 2010
 
In pointing out that the buy-bust conducted by the QCPD was carried out without
first coordinating with PDEA and without any prior surveillance, the appellant ascribes
irregularity in the manner by which the police operatives of QCPD conducted their
operations, thereby casting doubt on the testimony of the prosecution witnesses that a
legitimate buy-bust was undertaken.
 
We are not convinced.
 
In the first place, coordination with the PDEA is not an indispensable requirement
before police authorities may carry out a buy-bust operation. While it is true that
Section 86 of Republic Act No. 9165 requires the National Bureau of Investigation, PNP
and the Bureau of Customs to maintain “close coordination with the PDEA on all drug
related matters,” the provision does not, by so saying, make PDEA’s participation a
condition sine qua non for every buy-bust operation. After all, a buy-bust is just a form
of an in flagrante arrest sanctioned by Section 5, Rule 113 of the Rules of the Court,
which police authorities may rightfully resort to in apprehending violators of Republic
Act No. 9165 in support of the PDEA. A buy-bust operation is not invalidated by mere
non-coordination with the PDEA.
LIABILITY OF GOVT OFFICIAL, EMPLOYEEE AND
LAW ENFORCERS.

Any member of law enforcement agencies or Any other

government official and employee

After due notice, fails or refuses intentionally or negligently

To appear as a witness for the prosecution in any proceedings,

involving violations of this act, without any valid reason

In addition to the administrative liability he/she may be

meted out by his/her immediate superior and/or appropriate
body.
LIABILITY OF GOVT OFFICIAL, EMPLOYEEE AND
LAW ENFORCERS.

The immediate superior of the member of the law

enforcement agency or any other government employee
mentioned in the preceding paragraph

In addition, perpetual absolute disqualification from public

office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to
present the latter to the court.

The member of the law enforcement agency or any other

government employee mentioned in the preceding
paragraphs shall not be transferred or re-assigned during the
pendency of the case in court. EXCEPT for compelling
reasons: provided
 LIABILITY OF GOVT OFFICIAL, EMPLOYEEE AND
LAW ENFORCERS.

That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within
twenty-four (24) hours from its approval;

That his/her immediate superior will be liable, should he/she fail

to notify the court of such order to transfer or re-assign.

Prosecution and punishment under this section shall be without

prejudice to any liability for violation of any existing law.
LIABILITY OF GOVT OFFICIALS/ EMPLOYEES WHO
DELAY THE PROSECUTION OF CASES

Any government official or employee tasked with

the prosecution of drug related case who, through,
patent laxity, inexcusable neglect, unreasonable
delay or deliberately, causes the unsuccessful
prosecution and dismissal of said cases shall be
imprisoned for 12 years and one day to 20 years.
END OF PRESENTATION

THANK YOU AND GOOD DAY