Article 121Act No. 3815, Sec./Art. 121

Flight to enemy's country.-The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.

SECTION THREE.-Piracy and mutiny on the high seas

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

rehabilitation in a government center for the first offense,

subject to the provisions of Article VIII of this Act. If

apprehended using any dangerous drug for the second

time, he/she shall suffer the penalty of imprisonment

ranging from six (6) years and one (1) day to twelve (12)

years and a fine ranging from Fifty thousand pesos

(P50,000.00)

to

Two

hundred

thousand

pesos

(P200,000.00): Provided, 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 of this Act, in which

case the provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as

Dangerous Drugs or are Sources Thereof. - 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 shall plant, cultivate or culture marijuana,

opium poppy or any other plant regardless of quantity,

which is or may hereafter be classified as a dangerous

drug or as a source from which any dangerous drug may

be manufactured or derived: Provided , That in the case of

medical laboratories and medical research centers which

cultivate or culture marijuana, opium poppy and other

plants, or materials of such dangerous drugs for medical

experiments and research purposes, or for the creation of

new types of medicine, the Board shall prescribe the

necessary

implementing

guidelines

for

the

proper

cultivation,

culture,

handling,

experimentation

and

disposal of such plants and materials.

The land or portions thereof and/or greenhouses on

which any of said plants is cultivated or cultured shall be

confiscated and escheated in favor of the State, unless

the owner thereof can prove lack of knowledge of such

cultivation or culture despite the exercise of due diligence

on his/her part. If the land involved is part of the public

domain, the maximum penalty provided for under this

Section shall be imposed upon the offender.

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

17.

Maintenance

and

Keeping

of

Original

Records of Transactions on Dangerous Drugs and/or

Controlled Precursors and Essential Chemicals. - The

penalty of imprisonment ranging from one (1) year and

one (1) day to six (6) years and a fine ranging from Ten

thousand pesos (P10,000.00) to Fifty thousand pesos

(P50,000.00) shall be imposed upon any practitioner,

manufacturer, wholesaler, importer, distributor, dealer or

retailer

who

violates

or

fails

to

comply

with

the

maintenance and keeping of the original records of

transactions on any dangerous drug and/or controlled

precursor and essential chemical in accordance with

Section 40 of this Act.

An additional penalty shall be imposed through the

revocation of the license to practice his/her profession, in

case of a practitioner, or of the business, in case of a

manufacturer,

seller,

importer,

distributor,

dealer

or

retailer.

Section

18 .

Unnecessary

Prescription

of

Dangerous

Drugs . – 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)

and

the

additional

penalty

of

the

revocation of his/her license to practice shall be imposed

upon the practitioner, who shall prescribe any dangerous

drug to any person whose physical or physiological

condition does not require the use or in the dosage

prescribed

therein,

as

determined

by

the

Board in

consultation with recognized competent experts who are

authorized representatives of professional organizations

of practitioners, particularly those who are involved in the

care of persons with severe pain.

Section 19. Unlawful Prescription 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 make or issue a prescription or any other writing

purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds

or

Instruments

of

the

Unlawful

Act,

Including

the

Properties

or

Proceeds

Derived

from

the

Illegal

Trafficking of Dangerous Drugs and/or Precursors and

Essential Chemicals . – Every penalty imposed for the

unlawful

importation,

sale,

trading,

administration,

dispensation,

delivery,

distribution,

transportation

or

manufacture of any dangerous drug and/or controlled

precursor

and

essential

chemical,

the

cultivation or

culture of plants which are sources of dangerous drugs,

and

the

possession

of

any

equipment,

instrument,

apparatus and other paraphernalia for dangerous drugs

including other laboratory equipment, shall carry with it

the

confiscation

and

forfeiture,

in

favor

of

the

government, of all the proceeds and properties derived

from the unlawful act, including, but not limited to,

money

and

other assets obtained thereby, and the

instruments or tools with which the particular unlawful

act was committed, unless they are the property of a third

person not liable for the unlawful act, but those which are

not of lawful commerce shall be ordered destroyed

without delay pursuant to the provisions of Section 21 of

this Act.

After

conviction

in

the

Regional

Trial

Court

in the

appropriate

criminal

case

filed,

the

Court

shall

immediately schedule a hearing for the confiscation and

forfeiture of all the proceeds of the offense and all the

assets and properties of the accused either owned or

held by him or in the name of some other persons if the

same shall be found to be manifestly out of proportion to

his/her lawful income: Provided, however , That if the

forfeited

property

is

a

vehicle,

the

same

shall

be

auctioned off not later than five (5) days upon order of

confiscation or forfeiture.

During the pendency of the case in the Regional Trial

Court, no property, or income derived therefrom, which

may be confiscated and forfeited, shall be disposed,

alienated or transferred and the same shall be in custodia

legis and no bond shall be admitted for the release of the

same.

The proceeds of any sale or disposition of any property

confiscated or forfeited under this Section shall be used

to pay all proper expenses incurred in the proceedings for

the confiscation, forfeiture, custody and maintenance of

the property pending disposition, as well as expenses for

publication and court costs. The proceeds in excess of the

above expenses shall accrue to the Board to be used in its

campaign against 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:

(1) The apprehending team having initial custody and

control of the dangerous drugs, controlled precursors and

essential

chemicals,

instruments/paraphernalia

and/or

laboratory equipment shall, immediately after seizure and

confiscation, conduct a physical inventory of the seized

© Compiled By RGL

121 of 201