Article 122Act No. 3815, Sec./Art. 122

Piracy in general and mutiny on the high seas.-The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

items 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,

with

an

elected

public

official

and

a

representative of the National Prosecution Service or the

media 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,

finally,

That

noncompliance of 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 custody over said items. (as

amended by RA No 10640)

(2)

Within

twenty-four

(24)

hours

upon

confiscation/seizure of dangerous drugs, plant sources of

dangerous drugs, controlled precursors and essential

chemicals, as well as instruments/paraphernalia and/or

laboratory equipment, the same shall be submitted to

the

PDEA

Forensic Laboratory for a qualitative and

quantitative examination;

(3) A certification of the forensic laboratory examination

results, which shall be done by the forensic laboratory

examiner, shall be issued immediately upon the receipt of

the subject item/s: Provided, That when the volume of

dangerous drugs, plant sources of dangerous drugs, and

controlled precursors and essential chemicals does not

allow the completion of testing within the time frame, a

partial

laboratory

examination

report

shall

be

provisionally

issued stating therein the quantities of

dangerous drugs still to be examined by the forensic

laboratory: Provided, however, That a final certification

shall be issued immediately upon completion of the said

examination and certification; (as amended by RA No

10640)

(4) After the filing of the criminal case, the Court shall,

within

seventy-two

(72)

hours,

conduct

an

ocular

inspection of the confiscated, seized and/or surrendered

dangerous drugs, plant sources of dangerous drugs, and

controlled precursors and essential chemicals, including

the

instruments/paraphernalia

and/or

laboratory

equipment,

and

through

the

PDEA

shall

within

twenty-four

(24)

hours

thereafter

proceed

with

the

destruction or burning of 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 DOJ,

civil society groups and any elected public official. The

Board shall draw up the guidelines on the manner of

proper disposition and destruction of such item/s which

shall be borne by the offender: Provided , That those

item/s of lawful commerce, as determined by the Board,

shall

be

donated,

used

or

recycled

for

legitimate

purposes: Provided, further , That a representative sample,

duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to

the fact of destruction or burning of the subject item/s

which, together with the representative sample/s in the

custody of the PDEA, shall be submitted to the court

having jurisdiction over the case. In all instances, the

representative sample/s shall be kept to a minimum

quantity as determined by the Board;

(6) The alleged offender or his/her representative or

counsel shall be allowed to personally observe all of the

above

proceedings

and

his/her

presence

shall

not

constitute an admission of guilt. In case the said offender

or accused refuses or fails to appoint a representative

after due notice in writing to the accused or his/her

counsel within seventy-two (72) hours before the actual

burning or destruction of the evidence in question, the

Secretary of Justice shall appoint a member of the public

attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal

case wherein the representative sample/s was presented

as evidence in court, the trial prosecutor shall inform the

Board of the final termination of the case and, in turn,

shall request the court for leave to turn over the said

representative

sample/s

to

the

PDEA

for

proper

disposition and destruction within twenty-four (24) hours

from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours

from the effectivity of this Act, dangerous drugs defined

herein

which

are

presently

in

possession

of

law

enforcement

agencies

shall, with leave of court, be

burned or destroyed, in the presence of representatives of

the Court, DOJ, Department of Health (DOH) and the

accused/and or his/her counsel, and, b) Pending the

organization of the PDEA, the custody, disposition, and

burning or destruction of seized/surrendered dangerous

drugs provided under this Section shall be implemented

by the DOH.

Section 22. Grant of Compensation, Reward and Award .

–

The

Board

shall

recommend

to

the

concerned

government agency the grant of compensation, reward

and award to any person providing information and to

law enforcers participating in the operation, which results

in the successful confiscation, seizure or surrender of

dangerous drugs, plant sources of dangerous drugs, and

controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision . – Any person

charged under any provision of this Act regardless of the

imposable penalty shall not be allowed to avail of the

provision on plea-bargaining.

Section 24 . Non-Applicability of the Probation Law for

Drug Traffickers and Pushers . – Any person convicted for

drug trafficking or pushing under this Act, regardless of

the penalty imposed by the Court, cannot avail of the

privilege granted by the Probation Law or Presidential

Decree No. 968, as amended.

Section 25. Qualifying Aggravating Circumstances in the

Commission of a Crime by an Offender Under the

Influence of Dangerous Drugs . – Notwithstanding the

provisions of any law to the contrary, a positive finding for

the

use

of

dangerous

drugs

shall

be

a

qualifying

aggravating circumstance in the commission of a crime

by

an

offender,

and the application of the penalty

provided

for

in

the

Revised

Penal

Code

shall

be

applicable.

Section 26. Attempt or Conspiracy. – Any attempt or

conspiracy to commit the following unlawful acts shall be

penalized

by

the

same

penalty

prescribed

for

the

commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled

precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug

and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any

dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled

precursor and essential chemical; and

(e) Cultivation or culture of plants which are sources of

dangerous drugs.

Section 27. Criminal Liability of a Public Officer or

Employee for Misappropriation, Misapplication or Failure

to

Account

for

the

Confiscated,

Seized

and/or

Surrendered

Dangerous

Drugs,

Plant

Sources

of

Dangerous Drugs, Controlled Precursors and Essential

Chemicals,

Instruments/Paraphernalia

and/or

Laboratory

Equipment

Including

the

Proceeds

or

Properties Obtained from the Unlawful Act Committed. –

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), in

addition to absolute perpetual disqualification from any

© Compiled By RGL

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