The Philippines maintains one of the strictest anti-drug regimes in the world under Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, as amended by Republic Act No. 10640 (2014) and further influenced by subsequent Supreme Court rulings and Office of the Court Administrator (OCA) circulars.
The general rule under Philippine drug law is that offenses involving dangerous drugs are non-bailable when the quantity involved exceeds the thresholds specified in the law. This is an exception to the constitutional right to bail under Article III, Section 13 of the 1987 Constitution, which states that “all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable.”
1. Non-Bailable Drug Offenses (General Rule)
Under Section 11 (Possession) and Section 5 (Sale, Trading, etc.) of RA 9165, as amended, the following quantities make the offense punishable by life imprisonment to death (now life imprisonment and a fine ranging from ₱500,000 to ₱10,000,000 after the abolition of the death penalty by RA 9346):
| Dangerous Drug | Quantity Threshold for Non-Bailable Offense (Life to Death Penalty) |
|---|---|
| Opium, morphine, heroin, cocaine, cocaine hydrochloride, LSD, ecstasy (MDMA), methamphetamine hydrochloride (shabu), or any dangerous drug | 10 grams or more |
| Marijuana resin or marijuana resin oil | 10 grams or more |
| Marijuana (cannabis) | 50 grams or more |
| Other dangerous drugs (e.g., ephedrine, pseudoephedrine when used as precursor) | As specified in the law or by the Dangerous Drugs Board |
If the quantity seized equals or exceeds these thresholds, the offense is non-bailable by express provision of Section 90 of RA 9165 (non-retroactive clause) and consistent Supreme Court rulings (Enrile v. Sandiganbayan applied by analogy, but drug cases are stricter).
The imposable penalty is life imprisonment to death (now life imprisonment), which is equivalent to or higher than reclusion perpetua. Hence, bail is a matter of judicial discretion only if the evidence of guilt is not strong. In practice, courts almost never grant bail in these cases because the prosecution invariably presents strong evidence during the bail hearing (positive confirmatory test from PDEA or PNP Crime Lab + testimony of poseur-buyer or arresting officers).
2. Bailable Drug Offenses (Exceptions)
| Offense | Quantity Involved | Maximum Penalty | Bailable? |
|---|---|---|---|
| Possession (Sec. 11, par. 3) | Less than 5 grams of shabu, heroin, cocaine, etc. | 12 years and 1 day to 20 years | Yes (bail recommended: ₱200,000–₱300,000 depending on court) |
| Possession of marijuana (Sec. 11) | Less than 10 grams | 12 years and 1 day to 20 years | Yes |
| Possession of marijuana | 10 grams or more but less than 50 grams | Life imprisonment | Non-bailable |
| Sale/Distribution (Sec. 5, par. 2) | Any quantity of dangerous drugs sold to a minor or in certain circumstances (use of minor, near school, etc.) | Life to death regardless of quantity | Non-bailable |
| Sale of small quantities | Below the threshold quantities, but still dangerous drugs | 12 years and 1 day to 20 years | Yes (but very rare in practice) |
| Possession of equipment, apparatus, or paraphernalia (Sec. 12) | Any quantity | 6 months to 4 years | Yes (bail usually ₱24,000–₱40,000) |
| Maintenance of a drug den (Sec. 6) | N/A | Life to death | Non-bailable |
| Cultivation of marijuana plants (Sec. 16) | 10 or more plants | Life imprisonment | Non-bailable |
3. Bail for Drug Cases Involving Minors
Under RA 9344 (Juvenile Justice and Welfare Act of 2006), as amended by RA 10630, children in conflict with the law (CICL) aged 15 years or below, or above 15 but below 18 who acted without discernment, are exempt from criminal liability. For those above 15 but below 18 who acted with discernment and charged with drug pushing or possession above the threshold, courts have ruled that they are entitled to bail as a matter of right because the penalty, while life imprisonment, is not reclusion perpetua in the strict sense when applied to minors (modified by the privileged mitigating circumstance of minority). (People v. Mantalaba, G.R. No. 186227, 2011; People v. Jacinto, G.R. No. 182239, 2011)
4. Recommended Bail Amounts (2023–2025 DOJ and Court Practice)
Although the Bail Bond Guide is not strictly binding in drug cases (especially non-bailable ones), courts still refer to it for bailable drug offenses:
| Offense | Recommended Bail (2023 Revised Bail Bond Guide) |
|---|---|
| Possession of <5g data-preserve-html-node="true" shabu/heroin/cocaine | ₱200,000 |
| Possession of 5g or more but <10g data-preserve-html-node="true" shabu | ₱300,000 |
| Possession of marijuana <300g data-preserve-html-node="true" | ₱40,000–₱120,000 |
| Possession of paraphernalia | ₱24,000 |
| Illegal sale (when bailable) | ₱200,000–₱400,000 |
5. Procedure for Bail Application in Drug Cases
- Non-bailable cases → Accused files a Petition for Bail (treated as a motion to fix bail).
- The prosecution is required to present its evidence first (summary proceeding).
- The court determines whether evidence of guilt is strong.
- If evidence is strong → bail denied.
- If evidence is not strong → bail may be granted (extremely rare; almost never happens in practice for quantities above threshold).
6. Landmark Supreme Court Decisions
- People v. Valdez (G.R. No. 175602, 2012) – Clarified that the quantity determines penalty and bail.
- People v. Dumlao (G.R. No. 181599, 2018) – Even if the accused is a first-time offender, bail is not a matter of right if quantity exceeds threshold.
- Re: Application for Bail of Juan Ponce Enrile (2015) – Humanitarian considerations were allowed for an 91-year-old accused in plunder, but the Supreme Court has repeatedly said this does not apply to drug cases because of the explicit non-bailable nature under RA 9165.
- Estinozo v. People (G.R. No. 250276, 2022) – Reaffirmed that possession of less than 5 grams of shabu is bailable.
7. Current Practice (as of December 2025)
- In Metro Manila and urban courts, bail is almost automatically denied in shabu cases involving 10 grams or more.
- In some provinces, judges have occasionally granted bail in borderline cases (e.g., 9.98 grams) when chain of custody is seriously flawed, but these are exceptions.
- Plea bargaining for drug pushing cases is now allowed under the 2018 DOJ guidelines and the Supreme Court’s Estipona ruling (2017), but plea bargaining does not automatically entitle the accused to bail during the pendency of the case.
Conclusion
In the Philippine criminal justice system, drug cases follow a clear dichotomy:
- Above the statutory quantity thresholds → non-bailable; bail is discretionary and almost never granted.
- Below the thresholds (especially possession of less than 5 grams of shabu or equivalent) → bailable as a matter of right, with recommended bail ranging from ₱200,000 to ₱400,000.
The strict non-bailable policy remains the cornerstone of the country’s anti-dangerous drugs campaign, reflecting the legislative intent to treat large-scale drug offenses as among the most serious heinous crimes.