Article 118Act No. 3815, Sec./Art. 118

Inciting to war or giving motives for reprisals.-The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

synthesis or by a combination of extraction and chemical

synthesis,

and

shall

include

any

packaging

or

repackaging of such substances, design or configuration

of its form, or labeling or relabeling of its container; except

that

such

terms

do

not

include

the

preparation,

compounding, packaging or labeling of a drug or other

substances

by

a

duly

authorized practitioner as an

incident to his/her administration or dispensation of such

drug or substance in the course of his/her professional

practice

including

research,

teaching

and

chemical

analysis of dangerous drugs or such substances that are

not intended for sale or for any other purpose.

(v) 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.

(w)

Methylenedioxymethamphetamine

(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.

(x)

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.

(y) Opium. – Refers to the coagulated juice of the opium

poppy ( Papaver somniferum L. ) and embraces every

kind, class and character of opium, whether crude or

prepared; the ashes or refuse of the same; narcotic

preparations

thereof

or therefrom; morphine or any

alkaloid

of

opium;

preparations

in

which

opium,

morphine

or

any

alkaloid

of

opium

enters

as

an

ingredient; opium poppy; opium poppy straw; and leaves

or wrappings of opium leaves, whether prepared for use

or not.

(z) Opium Poppy. – Refers to any part of the plant of the

species Papaver somniferum L., Papaver setigerum DC,

Papaver orientale, Papaver bracteatum and Papaver

rhoeas , which includes the seeds, straws, branches, leaves

or any part thereof, or substances derived therefrom,

even for floral, decorative and culinary purposes.

(aa) PDEA. – Refers to the Philippine Drug Enforcement

Agency under Section 82, Article IX of this Act.

(bb) Person. – Any entity, natural or juridical, including

among others, a corporation, partnership, trust or estate,

joint stock company, association, syndicate, joint venture

or other unincorporated organization or group capable of

acquiring rights or entering into obligations.

(cc) 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.

(dd)

Practitioner.

–

Any

person

who

is

a

licensed

physician, dentist, chemist, medical technologist, nurse,

midwife, veterinarian or pharmacist in the Philippines.

(ee) 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.

(ff) 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.

(gg) School. – Any educational institution, private or

public,

undertaking

educational

operation

for

pupils/students pursuing certain studies at defined levels,

receiving instructions from teachers, usually located in a

building or a group of buildings in a particular physical or

cyber site.

(hh) Screening Test. – A rapid test performed to establish

potential/presumptive positive result.

(ii) Sell. – Any act of giving away any dangerous drug

and/or

controlled

precursor

and

essential

chemical

whether for money or any other consideration.

(jj) 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.

(kk)

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.

ARTICLE II Unlawful Acts and Penalties

Section

4.

Importation

of

Dangerous Drugs and/or

Controlled

Precursors and Essential Chemicals.- .The

penalty of life imprisonment to death and a 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 import or

bring into the Philippines any dangerous drug, regardless

of the quantity and purity involved, including any and all

species of opium poppy or any part thereof or substances

derived therefrom even for floral, decorative and culinary

purposes.

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) shall be

imposed upon any person, who, unless authorized by law,

shall

import

any

controlled

precursor

and

essential

chemical.

The maximum penalty provided for under this Section

shall

be

imposed

upon

any

person,

who,

unless

authorized under this Act, shall import or bring into the

Philippines

any

dangerous

drug

and/or

controlled

precursor and essential chemical through the use of a

diplomatic passport, diplomatic facilities or any other

means

involving

his/her

official

status

intended

to

facilitate the unlawful entry of the same. In addition, the

diplomatic passport shall be confiscated and canceled.

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 5. Sale, Trading, Administration, Dispensation,

Delivery, Distribution and Transportation of Dangerous

Drugs

and/or

Controlled

Precursors

and

Essential

Chemicals. - The penalty of life imprisonment to death

and a fine ranging from Five hundred thousand pesos

© Compiled By RGL

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