What are the elements of Section 12 RA 9165?

Asked by: Florence Crooks III  |  Last update: February 13, 2026
Score: 4.1/5 (30 votes)

Section 12 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002 in the Philippines, penalizes the "Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs".

What is Section 12 of 9165?

Overview of RA 9165 and Section 12

Section 12 specifically targets the possession of paraphernalia, such as pipes, syringes, or other tools intended for administering, injecting, or consuming dangerous drugs.

What are the elements of 9165?

9165, the following elements must be established: (1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law.

What are the elements of illegal possession of dangerous drugs?

To secure a conviction for illegal possession of dangerous drugs under Section 11, the prosecution must establish the following essential elements:

  • The accused was in possession of a prohibited drug. ...
  • The possession was not authorized by law. ...
  • The accused had knowledge of the possession.

What are common examples of paraphernalia?

What do drug paraphernalia look like? What are drug paraphernalia? The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes.

RA 9165 SECTION 12 PENALTY AND SENTENCE

45 related questions found

What are common items mistaken for paraphernalia?

Some everyday items that law enforcement can mistake as drug paraphernalia include:

  • Cigarette rolling papers and filters.
  • Scales and balances.
  • Glass tubes and containers.
  • Plastic bags and wrap.

Are rolling papers considered paraphernalia?

According to the Drug Enforcement Administration (DEA), drug paraphernalia (such as heroin and cocaine paraphernalia) includes: Rolling papers and cigars. Roach clips. Bongs and hookahs.

What are the three types of possession?

The three types of possession are close proximity, exclusive possession, and actual knowledge. In court, the state must prove all three types of possession beyond any reasonable doubt in matters like illegal weapons, drug, and pornography possession.

What are the 4 categories of illegal drugs?

Drugs and alcohol generally fall into 4 categories: depressants, stimulants, opiates, and hallucinogen.

What are the elements of possession of a controlled substance?

To prove that a defendant is guilty of possessing a controlled substance, the prosecutor would have to prove the following elements: The defendant unlawfully possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance's nature or character as a controlled substance.

What are the four key elements of substance abuse that were identified?

They are:

  • Control – The loss of control over the addictive substance or behavior.
  • Compulsions – The overpowering urge to engage in addictive behavior.
  • Cravings – The intense desire for a substance or activity.
  • Consequences – The negative outcomes that result from the addictive behavior.

What are the four elements of a crime?

In general, a crime consists of four elements: a mental state, conduct, concurrence, and causation. Crimes are defined by statutes, which are laws passed by legislatures. Statutes set forth the specific elements of each crime. Not all crimes are the same, as the statutes dictate which elements constitute a given crime.

What's the difference between intent and possession?

Intent to distribute differs from possession in that it is a more serious charge, carrying more severe penalties.

What is Article 12 of the Revised Penal Code?

Article 12.

Circumstances which exempt from criminal liability. - The following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

What are the elements of Section 15 of the RA 9165?

As can be deduced from the foregoing, the elements to be charged under Section 15 of R.A. 9165 are as follows: 1) a person is apprehended or arrested; 2) the said person was subjected to a drug test; and 3) the person tested positive for use of any dangerous drug after a confirmatory test.

What is Section 12 of the Misuse of drugs Act 1975?

12 Use of premises or vehicle, etc

Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

What are tier 1, 2, 3, 4 and 5 drugs?

Drug tiers (1-5) classify medications by cost and type on an insurance formulary, with Tier 1 being the cheapest (preferred generics) and Tier 5 the most expensive (specialty drugs), meaning lower tiers have lower copays, while DEA schedules (also 1-5) categorize controlled substances by abuse potential, with Schedule I having the highest potential for abuse and Schedule V the lowest.
 

What are the seven types of illegal drugs?

7 Drug Categories

  • (1) Central Nervous System (CNS) Depressants. CNS depressants slow down the operations of the brain and the body. ...
  • (2) CNS Stimulants. ...
  • (3) Hallucinogens. ...
  • (4) Dissociative Anesthetics. ...
  • (5) Narcotic Analgesics. ...
  • (6) Inhalants. ...
  • (7) Cannabis.

What are the six types of drug abuse?

Some of the most common types of drug abuse include the following:

  • Stimulant Abuse. Stimulants are substances that cause physical and psychological functions to speed up. ...
  • Cocaine Abuse. ...
  • Adderall Abuse. ...
  • Meth Abuse. ...
  • Opioid Abuse. ...
  • Heroin Abuse. ...
  • Prescription Painkillers. ...
  • Sedative Abuse.

What are the two elements of possession?

These are two elements of Possession. The physical element which comprises of physical command over the thing. A mental element which comprises the assurance to practice that control.

What is a schedule 3 drug possession?

Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV.

What are the three documents in possession?

Documents Required for Possession Certificate

  • Identity Proof: Such as your Aadhar Card or Voter ID.
  • Sale Deed: Proving the sale and purchase of property.
  • Land Records: For establishing the lineage of the property.

What cannabinoids don't show on a drug test?

Synthetic cannabinoids (SCs) are not detected by common urinalysis techniques.

What is a bong in drug terms?

noun. a water pipe for smoking marijuana or other drugs.

Do vape pens show up in drug tests?

Since vaping delivers nicotine or THC (the active 'drug' in cannabis), tests can be done for both of those compounds through typical drug testing. However, there is not a test specifically for vaping.