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Title Five a.

any phase of the manufacturing process was


CRIMES RELATIVE TO OPIUM conducted in the presence or with the help
& OTHER PROHIBITED DRUGS of minors
b. any phase of the manufacturing process was
established or undertaken within 100 meters
RA 9165 of a residential, business, church or school
The Comprehensive Dangerous Drugs Act premises
of 2002 c. any clandestine laboratory was secured or
protected with booby traps
d. any clandestine laboratory was concealed
Acts Punished: with legitimate business operations
1. Importation of dangerous drugs and / or e. any employment of a practitioner, chemical
controlled precursors and essential chemicals engineer, public official or foreigner
 Maximum penalty for any person who commits
this act through the use of 6. Illegal diversion of any controlled precursor and
a. diplomatic passport / facilities essential chemical
b. official status intended to facilitate unlawful
entry 7. Manufacture or delivery of equipment,
instrument, apparatus, and other paraphernalia
2. Sale, trading, administration, dispensation, for dangerous drugs and / or controlled
delivery, distribution and transportation of precursors and essential chemicals
dangerous drugs and / or controlled precursors
and essential chemicals  Includes instruments that will be used to inject,
 Even brokers held criminally liable ingest, inhale, or otherwise introduce into the
 12 years and 1 day to 20 years to protector or human body a dangerous drug
"coddlers"
 Maximum penalty if : 8. Possession of dangerous drug
a. done within 100 meters from the school
b. use of minors or mentally incapacitated 9. Possession of equipment, instrument, apparatus
persons as runners, couriers, and and other paraphernalia for dangerous drugs
messengers
c. victim of the offense is a minor or mentally  Possession of such equipment shall be prima
incapacitated individual facie evidence that the possessor has used the
d. drug was proximate cause of the death dangerous drug (violation of Section 15 of the
e. person who organizes, manages, or finances Act.
such activities
10. Possession of dangerous drugs during parties,
3. Maintenance of den, dive or resort where social gatherings or meetings will merit maximum
dangerous drugs and / or controlled precursors penalty regardless of quantity and purity
and essential chemicals are used or sold.
 Test: In the proximate company of at least two
4. Being employees of the den, dive or resort: persons
a. Any employee of a den, dive, or resort who
is aware of the nature of the place as such 11. Possession of equipment, instrument, apparatus
b. Any person who, not being included in the for dangerous drugs during parties, social
provisions of the next preceding paragraph, gatherings, or meetings merit maximum penalty
is aware of the nature of the place as such
and shall knowingly visit the same 12. Use of dangerous drugs
Penalties:
5. Manufacture of dangerous drugs and / or 1st offense: minimum of 6 months rehabilitation in a
controlled precursors and essential chemicals government center
2nd offense: 6 yrs and 1 day to 12 years
 Prima facie proof of manufacturing: presence of imprisonment
any controlled precursor and essential chemical
or laboratory equipment in the clandestine  This section will not apply where the person
laboratory tested positive is also found to have in his
 Aggravating circumstance: possession dangerous drugs (section on
"possession of dangerous drugs" will apply)

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absence of marked money does not create a hiatus in the
13. Cultivation or culture of plants classified as evidence for the prosecution as long as the sale of
dangerous drugs is adequately proven and the drug subject
dangerous drugs
of the transaction is presented before the court.

14. Maintenance and keeping of original records of


transactions on dangerous drugs and / or People v. Nicolas (2007)
controlled precursors and essential chemicals
Settled is the rule that the absence of a prior surveillance
or test-buy does not affect the legality of the buy-bust
15. Unnecessary prescription of dangerous drugs
operation. There is no textbook method of conducting buy-
bust operations. The Court has left to the discretion of
16. Unlawful prescription of dangerous drugs police authorities the selection of effective means to
apprehend drug dealers. A prior surveillance, much less a
lengthy one, is not necessary especially where the police
Other pertinent provisions: operatives are accompanied by their informant during the
entrapment. Flexibility is a trait of good police work. In
 A person charged under this act shall not be
the case at bar, the buy-bust operation was conducted
allowed to avail of the provision on plea- without need of any prior surveillance for the reason that
bargaining the informant accompanied the policemen to the person
who is peddling the dangerous drugs.
 A person convicted of drug trafficking or pushing Bar Questions
cannot avail of the privilege granted by the Dangerous Drug Act: Plea-Bargaining (2005)
Probation Law Obie Juan is suspected to have in his possession an
unspecified amount of methamphetamine hydrochloride
or―shabu‖. An entrapment operation was conducted by
 Planting of evidence: Planting of any dangerous police officers, resulting in his arrest following the discovery
drugs and / or controlled precursors and essential of 100 grams of the said dangerous drug in his possession.
chemicals shall suffer the penalty of death He was subjected to a drug test and was found positive for
the use of marijuana, another dangerous drug. He was
subsequently charged with two crimes: Violation of
 A positive finding for the use of dangerous drugs Section 11, Article II of RA 9165 for the possession of
shall be a qualifying aggravating circumstance in ―shabu‖ and violation of Section 15, Article II of RA 9165
for the use of marijuana. (5%)
the commission of a crime by an offender
a) Are the charges proper? Explain.
SUGGESTED ANSWER:
 Attempt or Conspiracy: any attempt or No. The use of dangerous drugs is not committed when Obie
conspiracy to commit the following shall be Juan was also found to have in his possession such quantity
punishable: of any dangerous drug. (See s. 11 and 16, RA. No. 9165)
b) So as not to be sentenced to death, Obie Juan
1. Importation of dangerous drugs and / or offers to plead guilty to a lesser offense. Can he do
controlled precursors and essential chemicals so? Why?
SUGGESTED ANSWER:
2. Sale, trading, administration, dispensation,
No. Obie Juan cannot plead guilty to a lower offense as it is
delivery, distribution and transportation of prohibited under the law. (Section 23, RA. No. 9165) Any
dangerous drugs and / or controlled person charged under any provision of this Act regardless of
precursors and essential chemicals the imposable penalty shall not be allowed to avail of the
3. Maintenance of den, dive or resort where provision on plea-bargaining.
dangerous drugs and / or controlled Dangerous Drugs Act (1998)
precursors and essential chemicals are used Superintendent Al Santiago, Chief of the Narcotics
or sold Division, Western Police District, received information that a
certain Lee Lay of-No. 8 Tindalo Street, Tondo,
4. Manufacture of dangerous drugs and / or
Manila is a member of the 14K Gang selling shabu and
controlled precursors and essential chemicals marijuana. SPOl Lorenzo and SPO3 Peralta were instructed
5. Cultivation or culture of plants classified as to conduct surveillance and buy-bust operations against Lay.
dangerous drugs Their informant contacted Lay and a meeting was arranged
at T. Pinpin Restaurant at
2:00 in the afternoon on February 14, 1993. SPO1 Lorenzo
Suson v. People (2006) and SPO3 Peralta, acting as poseur-buyers, purchased from
Lay 10 sticks of marijuana and paid P500. Later, Lay agreed
to sell to them one kilo of dried marijuana fruiting tops which
The recording or non-recording thereof in an official record he gave them at his residence. The policemen arrested Lay
will not necessarily lead to an acquittal as long as the sale and a search was conducted. Found were 356 grams of
of the prohibited drug is adequately proven. In the case at marijuana seeds, 932 grams of marijuana fruiting tops and
bar, SPO2 Patiño, the poseur-buyer, testified on the 50 sticks of marijuana cigarettes. What offense or offenses
circumstances regarding the sale of the shabu for which
did Lay commit? [5%]
petitioners were charged and convicted. Settled is the rule
SUGGESTED ANSWER:
that in the prosecution for the sale of dangerous drugs, the

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Lay committed the offenses of illegal selling of dangerous otherwise known as the Dangerous Drugs Act, During the
drugs and illegal possession of dangerous drugs which trial, the marked money was not presented. Can A be held
should be made subject of separate informations. The crime liable? Explain. (2%)
of illegal selling of dangerous drugs is committed as regards SUGGESTED ANSWER:
the 10 sticks of marijuana and as regards the one (1) kilo of Yes. A can be held liable. The absence of the marked money
dried marijuana fruiting tops, which should be subject of two will not create a hiatus in the prosecution's evidence as long
(2) separate informations because the acts were committed as the sale of the dangerous drugs is adequately proven and
at different times and in different places. The crime of Illegal the drug subject of the transaction is presented before the
possession of dangerous drugs is committed as regards the court. There was a perfected contract of sale of the drug
marijuana seeds, marijuana fruiting tops and marijuana (People vs. Ong Co, 245 SCRA 733; People vs. Zervoulakos,
cigarettes which are not the subject of the sale. Another 241 SCRA 625).
information shall be filed for this. Dangerous Drugs Act (6425); Plea Bargaining (1998)
Dangerous Drugs Act (2006) Edgardo was charged with importation of prohibited drugs in
After receiving reliable information that Dante Ong, a an information filed with the Regional Trial Court of Kalookan
notorious drug smuggler, was arriving on PAL Flight NO. PR City on June 4, 1994. The offense is punishable by reclusion
181, PNP Chief Inspector Samuel Gamboa formed a group of perpetua to death. Can Edgardo avail of plea-bargaining?
anti-drug agents. When Ong arrived at the airport, the group [2%]
arrested him and seized his attache case. Upon inspection SUGGESTED ANSWER:
inside the Immigration holding area, the attaché case yielded No, Edgardo cannot avail of plea-bargaining because the
5 plastic bags of heroin weighing 500 grams. Chief Inspector imposable penalty for his violation of the Dangerous Drugs
Gamboa took the attache case and boarded him in an Act (R.A. No. 6425. as amended) is reclusion perpetua to
unmarked car driven by PO3 Pepito Lorbes. On the way to death. Section 20-A expressly provides that plea-bargaining
Camp Crame and upon nearing White Plains corner EDSA, shall not be allowed where the imposable penalty for the
Chief Inspector Gamboa ordered PO3 Lorbes to stop the car. violation of said law is reclusion perpetua to death. (Sec. 20-
They brought out the drugs from the case in the trunk and A, R.A. No. 6425, as amended).
got 3 plastic sacks of heroin. They then told Ong to alight Dangerous Drugs Act; Consummation of Sale (1996)
from the car. Ong left with the 2 remaining plastic sacks of Pat. Buensuceso, posing as a buyer, approached Ronnie, a
heroin. Chief Inspector Gamboa advised him to keep silent suspected drug pusher, and offered to buy P300 worth of
and go home which the latter did. Unknown to them, an NBI shabu. Ronnie then left, came back five minutes later and
team of agents had been following them and witnessed the handed Pat, Buensuceso an aluminum foil containing the
transaction. They arrested Chief Inspector Gamboa and PO3 shabu. However, before Pat, Buensuceso was able to deliver
Lorbes. Meanwhile, another NBI team followed Ong and the marked money to Ronnie, the latter spotted a policeman
likewise arrested him. All of them were later charged. What at a distance, whom Ronnie knew to be connected with the
are their respective criminal liabilities? (5%) Narcotics Command of the Police. Upon seeing the latter,
SUGGESTED ANSWER: Ronnie ran away but was arrested thirty minutes later by
Chief Inspector Gamboa and PO3 Pepito Lorbes who other policemen who pursued him. Under the circumstances,
conspired in taking the attache case are liable for the would you consider the crime of sale of a prohibited drug
following crimes defined under RA. 9165: a) Sec. 27 for already consummated? Explain.
misappropriation or failure to account for the confiscated or SUGGESTED ANSWER:
seized dangerous drugs. b) Sec. 4 in relation to Sec. 3(ee) Yes, the sale of prohibited drug is already consummated
for their acts as protector/coddler of Dante Ong who although the marked money was not yet delivered. When
imported drugs Ronnie handed the aluminum foil containing the shabu to
In addition, by allowing Ong to escape prosecution for illegal Pat. Buensuceso pursuant to their agreed sale, the crime
importation or illegal transportation of dangerous drugs, was consummated. Payment of the consideration is not an
where the penalty is life imprisonment to death, they are element of requisite of the crime. If ever, the marked money
also liable for qualified bribery under Art. 211-A of the is only evidentiary to strengthen the case of the prosecution.
Revised Penal Code. Dangerous Drugs Act; Criminal Intent to Posses
With respect to Dante Ong, he is guilty of illegal importation (2002)
of dangerous drugs under Sec. 4, R.A. 9165, if PR 181 is an A and his fiancee B were walking in the plaza when they met
international flight. If PR 181 is a domestic flight, he is liable a group of policemen who had earlier been tipped off that A
for violation of Sec. 5, RA. 9165 for illegal transportation of was in possession of prohibited drugs. Upon seeing the
dangerous drugs. policemen and sensing that they were after him, A handed a
Dangerous Drugs Act (6425); Marked Money (2000) sachet containing shabu to his fiancee B, telling her to hide it
At about 9 o'clock in the morning, a Narcom Group laid a in her handbag. The policemen saw B placing the sachet
plan to entrap and apprehend A, a long suspected drug inside her handbag. If B was unaware that A was a drug
dealer, through a "buy-bust" operation. At the appointed user or pusher or that what was inside the sachet given to
time, the poseur-buyer approached A who was then with B. her was shabu, is she nonetheless liable under the
A marked P100 bill was handed over to A who in turn, gave Dangerous Drugs Act? (5%)
the poseur-buyer one (1) tea bag of marijuana leaves. The SUGGESTED ANSWER:
members of the team, who were then positioned behind No, B will not be criminally liable because she is unaware
thick leaves, closed in but evidently were not swift enough that A was a drug user or pusher or of the content of the
since A and B were able to run away. Two days later, A was sachet handed to her by A, and therefore the criminal intent
arrested in connection with another incident. It appears that to possess the drug in violation of the Dangerous Drugs Act
during the operations, the police officers were not able to is absent. There would be no basis to impute criminal liability
seize the marked money but were able to get possession of to her in the absence of animus possidendi.
the marijuana tea bag. A was subsequently prosecuted for Dangerous Drugs Act; Plea-Bargaining (2004)
violation of Section 4, Article II of Republic Act No. 6425, MNO, who is 30 years old, was charged as a drug pusher

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under the Comprehensive Dangerous Drugs Act of 2002.
During pre-trial, he offered to plead guilty to the lesser
offense concerning use of dangerous drugs. Should the
Judge allow MNO's plea to the lesser offense? Explain briefly.
(5%)
SUGGESTED ANSWER:
No, the Judge should not allow MNO's plea to a lesser
offense, because plea-bargaining in prosecutions of drug-
related cases is no longer allowed by Rep. Act No.
9165, the Comprehensive Dangerous Drugs Act of 2002,
regardless of the imposable penalty.

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