What is the violation of Section 5 9165?
Asked by: scraper | Last update: September 12, 2026Score: 0/5 (0 votes)
A violation of Section 5 of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002) refers to the illegal sale, trading, administration, dispensation, delivery, distribution, or transportation of dangerous drugs and controlled chemical precursors without legal authorization.
What is the penalty for Section 5 of the RA 9165?
- 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 or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.
What is the difference between Section 5 and Section 11 of the 9165?
Two key sections of this law that are often discussed in legal contexts are Section 5, which pertains to the sale, trading, and administration of illegal drugs, and Section 11, which deals with the possession of dangerous drugs.
What is the violation of Section 5 and 11 of the RA?
Among the more commonly charged offenses under RA 9165 are: Section 5 – Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; and. Section 11 – Possession of Dangerous Drugs.
Can a drug user be jailed in the Philippines?
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 ...
RA 9165 | COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
What is violation of section 11?
Section 11 of RA 9165 penalizes any person found guilty of illegal possession of dangerous drugs, regardless of purpose or intent.
What is a non bailable offense in RA 9165?
Non-Bailable Offenses
If Section 11 imposes a penalty of life imprisonment (e.g., for possession of 5 grams or more of shabu, 300 grams or more of marijuana, or 10 grams or more of cocaine/heroin/ecstasy), the offense is typically non-bailable if the evidence of guilt is strong.
What is the lowest charge of theft?
Petty theft is typically a misdemeanor. A conviction for this crime can result in up to six months in County jail, a $1,000 fine, or both. However, if the amount stolen was less than $50, then petty theft can be charged as an infraction, in which case the maximum penalty is a fine up to $250.
What is the penalty for adultery in the Philippines?
For adultery the guilty wife and her paramour may be imprisoned for up to 6 years while for concubinage, the husband may be imprisoned for up to 4 years and 1 day, while his concubine may be merely “banished” but may not be imprisoned. It is clear that the law discriminates against women.
What is RA 9165 also known as?
The Comprehensive Dangerous Drugs Act of 2002, officially designated as Republic Act No. 9165, is a consolidation of Senate Bill No. 1858 and House Bill No. 4433.
What's the most common drug in the Philippines?
Reported usage of “shabu,” the street name of methamphetamine, continues to grow as the nation's most widely trafficked narcotic, and shabu addiction remains the most significant drug problem in the Philippines.
What is Section 5 other offenses?
Section 5.
Other Offenses. — The following acts shall also constitute an offense: (a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
How many years in jail for 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) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, ...
Is drug pushing bailable in the Philippines?
In summary, whether a pusher is bailable depends on the penalty for the offense charged and the strength of the evidence presented. While the Constitution and laws of the Philippines allow for the denial of bail in certain cases, this is always subject to judicial scrutiny.
What is the minimum sentence for drug possession?
Federal Drug Mandatory Minimum Sentences for Possession
For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Do you go straight to jail for a felony?
In most felony cases, the convicted defendant could be sentenced to probation rather than serving their sentence in jail. If the judge decides to grant probation in a felony case, the defendant could order to spend up to one year a county jail and then be required to follow several conditions of probation.
How long will my misdemeanor of theft stay on my record?
The short answer is that a misdemeanor remains on your permanent criminal record in California indefinitely. It does not simply disappear after five or 10 years. Unless you take specific legal action to change how that record appears, it stays there for life.
Is my life ruined if I get a misdemeanor?
Misdemeanor crimes can have lasting effects on employment. Background checks often reveal these convictions, leading to doubts about an applicant's suitability. Jobs requiring licenses or clearances might become inaccessible. Bias and legal restrictions can also limit opportunities.
How much is bail for drug possession in the Philippines?
For Penalties of 12 Years and 1 Day to 20 Years (Reclusion Temporal): Recommended bail is P60,000 to P120,000, depending on aggravating circumstances. In drug cases, courts often set it at the higher end due to the offense's gravity.
How does RA 9165 differ from previous drug laws?
It repealed the previous Dangerous Drugs Act of 1972 and outlines a more stringent and comprehensive framework for drug control. Penalties: RA 9165 prescribes strict penalties for drug offenses, which vary depending on the specific crime and the quantity of the drug involved.
Can we get bail in a non-bailable offence?
However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only. In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfills other conditions, it is binding upon the Investigating officer to release him.
What is the penalty for 9165?
Section 7 Article II of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002 imposes a penalty of imprisonment of up to 20 years and a fine up to Php 500,000 to an employee or a visitor of a drug den, dive or resort who is aware of the nature of the place.
What are the 4 types of bail in the Philippines?
This document discusses bail under Philippine law. It defines bail as security given to guarantee a person's appearance in court. There are four types of bail: corporate surety, property bond, cash deposit, and recognizance.
What are some examples related to Section 11?
A plaintiff has standing under Section 11 when they can trace their acquisition of a security to an offering with a registration statement that contained a misrepresentation. For example, in Krim v. pcOrder.com, Inc., 402 F. 3d 489 (5th Cir.