Article 120Act No. 3815, Sec./Art. 120

Correspondence with hostile country.-Any person, who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information he shall suffer the penalty of reclusion temporal to death.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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 illegally divert

any controlled precursor and essential chemical.

Section

10.

Manufacture

or

Delivery

of

Equipment,

Instrument, Apparatus, and Other Paraphernalia for

Dangerous

Drugs

and/or

Controlled

Precursors

and

Essential

Chemicals .

- 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

shall

deliver, possess with intent to deliver, or

manufacture

with

intent

to

deliver

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.

The penalty of imprisonment ranging from six (6) months

and one (1) day to four (4) years and a fine ranging from

Ten thousand pesos (P10,000.00) to Fifty thousand pesos

(P50,000.00) shall be imposed if it will be used to inject,

ingest, inhale or otherwise introduce into the human

body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section

shall be imposed upon any person, who uses a minor or a

mentally

incapacitated

individual

to

deliver

such

equipment,

instrument,

apparatus

and

other

paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs . - The penalty

of life imprisonment to death and a fine 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 possess any

dangerous drug in the following quantities, regardless of

the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5)

50

grams

or

more

of

methamphetamine

hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin

oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as,

but not limited to, methylenedioxymethamphetamine

(MDA)

or "ecstasy", paramethoxyamphetamine (PMA),

trimethoxyamphetamine

(TMA),

lysergic

acid

diethylamine (LSD), gamma hydroxyamphetamine (GHB),

and those similarly designed or newly introduced drugs

and their derivatives, without having any therapeutic

value

or

if

the

quantity

possessed

is

far

beyond

therapeutic

requirements,

as

determined

and

promulgated by the Board in accordance to Section 93,

Article XI of this Act.

Otherwise,

if the quantity involved is less than the

foregoing quantities, the penalties shall be graduated as

follows:

(1) Life imprisonment and a fine ranging from Four

hundred thousand pesos (P400,000.00) to Five hundred

thousand

pesos

(P500,000.00),

if

the

quantity

of

methamphetamine hydrochloride or "shabu" is ten (10)

grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to

life imprisonment and a fine ranging from Four hundred

thousand pesos (P400,000.00) to Five hundred thousand

pesos (P500,000.00), if the quantities of dangerous drugs

are five (5) grams or more but less than ten (10) grams of

opium,

morphine,

heroin,

cocaine

or

cocaine

hydrochloride, marijuana resin or marijuana resin oil,

methamphetamine hydrochloride or "shabu", or other

dangerous drugs such as, but not limited to, MDMA or

"ecstasy",

PMA,

TMA,

LSD, GHB, and those similarly

designed or newly introduced drugs and their derivatives,

without having any therapeutic value or if the quantity

possessed is far beyond therapeutic requirements; or

three hundred (300) grams or more but less than five

(hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to

twenty (20) years and a fine ranging from Three hundred

thousand pesos (P300,000.00) to Four hundred thousand

pesos (P400,000.00), if the quantities of dangerous drugs

are less than five (5) grams of opium, morphine, heroin,

cocaine or cocaine hydrochloride, marijuana resin or

marijuana resin oil, methamphetamine hydrochloride or

"shabu", or other dangerous drugs such as, but not

limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and

those similarly designed or newly introduced drugs and

their derivatives, without having any therapeutic value or

if

the

quantity

possessed is far beyond therapeutic

requirements; or less than three hundred (300) grams of

marijuana.

Section

12.

Possession

of

Equipment,

Instrument,

Apparatus

and

Other

Paraphernalia

for

Dangerous

Drugs. - The penalty of imprisonment ranging from six (6)

months and one (1) day to four (4) years and a fine

ranging from Ten thousand pesos (P10,000.00) to Fifty

thousand pesos (P50,000.00) shall be imposed upon any

person, who, unless authorized by law, shall possess 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:

Provided , That in the case of medical practitioners and

various professionals who are required to carry such

equipment,

instrument,

apparatus

and

other

paraphernalia in the practice of their profession, the

Board

shall

prescribe

the

necessary

implementing

guidelines thereof.

The

possession

of

such

equipment,

instrument,

apparatus and other paraphernalia fit or intended for any

of the purposes enumerated in the preceding paragraph

shall be 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.

Section

13.

Possession

of

Dangerous

Drugs

During

Parties, Social Gatherings or Meetings. – Any person

found possessing any dangerous drug during a party, or

at a social gathering or meeting, or in the proximate

company of at least two (2) persons, shall suffer the

maximum penalties provided for in Section 11 of this Act,

regardless of the quantity and purity of such dangerous

drugs.

Section

14.

Possession

of

Equipment,

Instrument,

Apparatus

and

Other

Paraphernalia

for

Dangerous

Drugs During Parties, Social Gatherings or Meetings . -

The maximum penalty provided for in Section 12 of this

Act shall be imposed upon any person, who shall possess

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, during

parties, social gatherings or meetings, or in the proximate

company of at least two (2) persons.

Section

15.

Use

of

Dangerous

Drugs .

–

A

person

apprehended or arrested, who is found to be positive for

use of any dangerous drug, after a confirmatory test, shall

be imposed a penalty of a minimum of six (6) months

© Compiled By RGL

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