I.

INCIDENTS OF
“TANIM BALA”
• "Tanim-bala" (bullet planting) is the
latest scam to victimize incoming and
outgoing passengers inside the
country's airports. The scheme
involves the planting of bullets inside
a victim's bag, which will then be
seen via X-ray by an airport security
screener
• These incidents were alleged to be done
by airport security personnel as a means
of extortion
 How is it done
1. Profiling- Spotters at the departure or
arrival area of the airport to profile
passengers and look for potential victims.
2. Spotters mix themselves with the crowd
and may even distract the victim.
3. The bullet will then be discovered when
the bag goes though airport X-ray and walk-
thru metal detectors
• The airport security screeners get 60 % of
the bribes while the remaining
 Two Ways to Protect yourself
from tanim-bala
• First Option: wrap your luggage
with a cling wrap
Second Option: seal the entire zipper area
and all other pocket zippers of your luggage
with a duct tape or any other tape that
adheres well.
What to do when a bullet is
found in your luggage
1. Before the airport officials open your bag,
require the following conditions:
1.a. a screenshot image in the x-ray scanner of
your bag being scanned;

1.b. presence of the airport official’s supervisor

and at least two witnesses of legal age who will be
present when the airport officials open your bag
2. Request that the bullet be picked up by
metal tongs and placed in a sealed plastic
bag.
3. Constitutional right to remain silent under
Section 12, Article 3 of the Philippine
Constitution.
4. Violation of Section 3 of the Anti-Graft and
Corrupt Practices Act (RA 3019) for which
an official can be liable. Only judges can set
bail, and bail is generally only set by the
jugde when the prosecutor has already filed
an information against you.
5. Planting evidence- Any person who is
found guilty of ‘planting’ any explosive or
incendiary device or any part, ingredient,
machinery, tool or instrument of any
explosive or incendiary device, whether
chemical, mechanical, electrical or
otherwise, shall suffer the penalty of
reclusion perpetua
These are some victims of
Tanim bala
• OFW Bound for Hong Kong, Gloria Ortinez
was detained at the Philippine National Police
Aviation Security Group (NCR headquarters)
because a security screening officer allegedly saw
a bullet inside her hand-carry luggage when it was
scanned at the NAIA Terminal 2. NAIA security
officer saw a carbine riffle bullet covered with a red
fabric inside her hand carry bag.
Zoleta, along with her husband, Ryan White
and stepson Lane Michael, were going to
Palawan as missionaries. On the morning of
Sep 17, the family again went to NAIA
Terminal 4 to take the same flight. It was
during the x-ray screening that airport
screeners Maria Elma Cena and Marvin
Garcia said they saw something in White’s
bag.
According to:
1. Philippine National Police Aviation
Security Group they recorded in 2015 with at
least THIRTY (30) cases
2. Manila International Airport Authority
(MIAA) recorded only (5) incidents of tanim
bala.
Source: spouse of deceased airport security
screeners. They normally victimized more
than 20 passengers a day
• NBI Investigation later confirmed that that
an extortion syndicate is behind the bullet
planting scheme, based on their initial
findings. Some porters are involved in
identifying potential vicitms of the bullet
planting scam. Allegedly, airport officials in
the security and immigration services
present in the four terminals of tha airport
purue target victims after their
identification by porters.
II. INCIDENTS OF
“TANIM DROGA”
The Wilfredo Galura Case
Senator Lacson:
Police Officers
caught in the act
of planting
evidence
Aguirre probes NBI to
investigate on the death of
alleged “Tanim Droga”
victim - Api Ang
“A shoot first,
think later
attitude can
never be
countenanced
in a civil
society….
Never has
homicide or
murder been
a function of
law
enforcement.
The public
peace is
never
predicated on
the cost of
human life”
 What Case Law provides:
People v. Holgado (2015) Leonen J.
Law enforcers should not trifle with
the legal requirement in chain of
custody of seized dangerous drugs
and drug paraphernalia especially
when of miniscule amount.
 What Case Law provides:
People v. Ismael (2017) Del Castillo J.
Due to the apparent breaks in the chain
of custody, it was possible that the seized
item subject of the sale transaction was
switched with the seized items subject of
the illegal possession case.
People v. Sps. Del Mundo (2017) Martires. J
Evidently, there is confusion and
uncertainty regarding the person who had
custody of the sachets when they were
brought to the police station.1âwphi1 Worse,
no attempt to reconcile this inconsistency was
made by the prosecution. As a consequence,
the identity and integrity of the items marked at
the police station were placed in serious doubt.
People v. Arposeple and Sulogaol (2017)
Martires J.
Continuing accretions of case law
reiterate that a high premium is accorded
the presumption of innocence over the
presumption of regularity in the
performance of official duty.
III. R.A. 9165
COMPREHENSIVE
DANGEROUS
DRUGS ACT OF
2002
 HISTORY
• Consolidation of Senate Bill No. 1858 and House Bill
No. 4433.

• Enacted and passed by the Senate and House of

Representatives on May 30, 2002 and May 29, 2002
respectively.

• Signed into law by President Gloria Macapagal-Arroyo

on June 7, 2002.

• This Act repealed RA No. 6425, otherwise known as

the Dangerous Drugs Act of 1972.
 HISTORY
• Dangerous Drugs Board – policy-making
and strategy-formulating body

• Philippine Drug Enforcement Agency –

implementing arm of DDB

• Senate President Vicente Sotto III –

principal author
 PURPOSE
• TO SAFEGUARD THE INTEGRITY
OF ITS TERRITORY AND THE
WELL-BEING OF ITS CITIZENRY
PARTTICULARLY THE YOUTH
FROM THE HARMFUL EFFECTS OF
DANGEROUS DRUGS
 WAR ON DRUGS
• On the eve of his May 9, 2016 election
victory, Duterte told the crowd of more that
300,000: “If I make it to the presidential
palace I will do just what I did as mayor.
You drug pushers, holdup men, and do-
nothings, you better get out because I’ll kill
you.”
 EFFECT
• By the government’s own admission, more
than 6,600 have been killed since the
“drug war” began after Duterte’s election
three years ago.
• Children have been among those who
died during police operations.
• Death toll doesn’t include the victims that
Duterte calls “Collateral damage”
 HUMAN RIGHTS in RA 9165
ARTICLE II
(UNLAWFUL ACTS AND PENALTIES)

• Section 4. Importation of Dangerous Drugs and/or

Controlled Precursors and Essential Chemicals. -

• Section 5. Sale, Trading, Administration, Dispensation,

Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential
Chemicals.
 HUMAN RIGHTS in RA 9165
• Section 11. Possession of Dangerous Drugs.

• (1) 10 grams or more of opium;

• (2) 10 grams or more of morphine;
• (3) 10 grams or more of heroin;
• (4) 10 grams or more of cocaine or cocaine hydrochloride;
• (5) 50 grams or more of methamphetamine hydrochloride or
"shabu";
• (6) 10 grams or more of marijuana resin or marijuana resin oil;
• (7) 500 grams or more of marijuana; and
• (8) 10 grams or more of other dangerous drugs
 HUMAN RIGHTS in RA 9165
• Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs.

• Section 13. Possession of Dangerous Drugs

During Parties, Social Gatherings or Meetings.

• Section 14. Possession of Equipment, Instrument,

Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or
Meetings.
 HUMAN RIGHTS in RA 9165
• Section 15. Use of Dangerous Drugs.

• Section 16. Cultivation or Culture of Plants

Classified as Dangerous Drugs or are Sources
Thereof.

• Section 18. Unnecessary Prescription of

Dangerous Drugs.

• Section 19. Unlawful Prescription of Dangerous

Drugs.
 HUMAN RIGHTS in RA 9165
• Section 22. Grant of Compensation, Reward and Award.

• Section 23. Plea-Bargaining Provision

• Section 24. Non-Applicability of the Probation Law for

Drug Traffickers and Pushers.

• Section 25. Qualifying Aggravating Circumstances in the

Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs.
SECTION 11: POSSESSION OF
DANGEROUS DRUGS
- ACTUAL POSSESSION EXISTS WHEN
THE DRUG IS IN THE IMMEDIATE
POSSESSION OR CONTROL OF THE
ACCUSED OR WHEN HE HAS THE RIGHT
TO EXERCISE DOMINION AND CONTROL
OVER THE PLACE WERE IT IS FOUND.
SECTION 12: POSSESSION
OF EQUIPMENT,
INSTRUMENT, APPATUS AND
OTHER PARAPHERNALIA
FOR DANGEROUS DRUGS
 PENALTIES
• Minimum: penalty of imprisonment ranging
from six (6) months and one (1) day

• Maximum: life imprisonment to death and

a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00).
IV. RIGHTS OF
AN ACCUSED
 RIGHTS OF THE
ACCUSED RELEVANT
TO TANIM DROGA
AND TANIM BALA
Miranda v. Arizona
Case Brief (1966)
FACTS: Miranda was arrested at his home and
brought to the police station for questioning. He
was never informed of his right to remain silent or
right to have counsel present. After two hours of
interrogation, Miranda made incriminating
statements including an oral and signed a written
confession. Evidence of the oral confession
through police testimony and the written
confession were later used against him at trial. As
a result, Miranda was found guilty of rape and
kidnapping.
ISSUE: Is the Fifth Amendment
right against self-incrimination
violated when an individual is taken
into custody for interrogation
purposes without being informed of
his constitutional rights to remain
silent and have counsel present?
DECISION: The right against self-
incrimination applies not only at
trial but when a suspect is taken
into police custody. Since
Miranda was not informed of his
rights, his confession was
coerced by police in violation of
the Fifth Amendment.
MIRANDA DOCTRINE
UNDER OUR
PHILIPPINE
CONSTITUTION
Section 12. (1) Any person under
investigation for the commission of an
offense shall have the right to be informed of
his right to remain silent and to have
competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he
must be provided with one. These rights
cannot be waived except in writing and in
the presence of counsel.
Section 12. (2) No torture, force, violence,
threat, intimidation, or any other means
which vitiate the free will shall be used
against him. Secret detention places,
solitary, incommunicado, or other similar
forms of detention are prohibited.
• Section 12. (3) Any confession or
admission obtained in violation of this or
Section 17 hereof shall be inadmissible in
evidence against him.
• Section 12. (4) The law shall provide for
penal and civil sanctions for violations of
this section as well as compensation to
and rehabilitation of victims of torture or
similar practices, and their families.
 When can we invoke our
Miranda Rights?

DURING CUSTODIAL INVESTIGATION

 MIRANDA DOCTRINE is NOT
applicable when:
• Spontaneous statement
• Before custodial investigation
• Judicial Confession
• Confession made NOT to state
agents
 WHAT IS CUSTODIAL
INVESTIGATION?

“Any questioning initiated by law

enforcement officers after a person has
been taken into custody or otherwise
deprived of his freedom of action in any
significant way” (Miranda vs. Arizona)
 When does Miranda Doctrine
become Operative?

As soon as investigation ceases to be a general

inquiry into an unsolved crime, and direction is
then aimed upon a particular suspect who has
been taken into custody and to whom the police
would then direct interrogatory questions which
tend to elicit incriminating statements. (People vs.
Delacruz)
 RIGHTS AVAILABLE UNDER
MIRANDA DOCTRINE
• Right to Remain Silent
• Right to “competent” and “independent” counsel
• Right to be informed of such rights
• Rights cannot be waived except in (1) writing and (2)
signed by the person in the presence of counsel
• No torture, force etc., which vitiates the free will shall be
used
• Secret detention places, etc., are prohibited
• Confession/admissions obtained in violation of these
rights are inadmissible as evidence
 EXCLUSIONARY RULE

Confession or admission
obtained in violation of Sec.
12 and Sec. 17, Art. III, shall
be inadmissible in evidence.
 V. PLEA
BARGAINING
 WHAT?
• “process where the accused and the
prosecutor in a criminal case work out a
mutually satisfactory disposition of the
case subject to court approval.” (Black’s
Law Dictionary)
• arrangement where the defendant pleads
guilty to a lesser offense in exchange for a
lighter sentence
 WHY?
• chance to reform
• decongest jails
• declog court dockets
• speedy disposition of cases
 WHY?
• chief virtues of the system - speed,
economy, and finality - can benefit
the accused, the offended party, the
prosecution, and the court.
(Santobello v. New York, cited by
Estipona vs. Judge Lobrigo)
 BASIS?
• Sec. 23 of RA 9165 is unconstitutional for
being contrary to the rule-making authority
of the SC under Sec. 5(5), Art. VIII, 1987
Constitution (Salvador Estipona, Jr. vs. Hon. Franks
E. Lobrigo, G.R. 226679, August 15, 2017)
• A.M. No. 18-03-16-SC (Adoption of the
Plea Bargaining Framework in Drugs
Cases)
 WHEN APPLICABLE?
• Plea Bargaining Framework
 WHEN NOT?
• possession (Sec. 11) of > 10 g of “shabu”
• possession (Sec. 11) of > 500 g of marijuana
• sale (Sec. 5) of shabu, > 1 g
• sale (Sec. 5) of marijuana, > 10 g
• sale (Sec. 5) of OTHER kinds of
dangerous drugs
 PROCEDURE
2000 Rules of Criminal Procedure
• Sec. 2, Rule 116 (Arraignment and Plea)
• Sec. 1, Rule 118 (Pre-trial)
VI. PREVENTING THE
TANIM BALA AND
TANIM DROGA SCARE
DON’T ME!!!
 Preventing the “Tanim Bala &
Tanim Droga” Scare
“Tanim Bala” “Tanim Droga”

✓ Let the officials search you or go

✓ Use hard-case luggage, avoid bags through your things — but only in
that have external pockets the presence of witnesses, a
✓ Wrap your entire luggage in cling lawyer, and official's supervisor
wrap ✓ You have the right to remain silent
✓ Let the officials go through your bag ✓ Know your legal rights
— but only in the presence of
witnesses, a lawyer, and official's
supervisor
✓ You have the right to remain silent
✓ Know your legal rights
✓ Choose a hard-case luggage sealed with heavy-duty
padlocks, so the passenger would easily know if their
bags had been tampered.
✓ Use luggage without external pockets. If it has external
pockets — no matter how small or seemingly hidden —
don't forget to secure it with heavy-duty padlocks.
✓ Wrap your entire luggage in cling wrap
If you already have a luggage that is not a hard case, you
can still opt to use it, but add a tightly-wrapped layer of
cling wrap around your luggage for safety. It makes
sticking in a bullet difficult.
 “Tanim Bala”
Let the Officials Go through
Your Bag — but Only in the
Presence of Witnesses, a
Lawyer, and Official's
Supervisor
✓ If an airport security
employee claims to have
seen a bullet in the X-ray of
your luggage and insists
that you are carrying
contraband and proceeds
to open your bag, you have
the right to delay the
opening of your bag.
“Tanim Droga”
Let the Officials Search You or Go
through Your Things — but Only in
the Presence of Witnesses, a Lawyer,
and Official's Supervisor
✓ When your lawyer, the official's
supervisor, and witnesses are
already with you, open the locks of
your bag, and let the airport officials
take it from there.
✓ An object ( bala/drugs) with none of
your fingerprints sheds reasonable
doubt on the possession of the said
item.
 “Tanim Bala and Tanim Droga”

You Have the Right to Remain Silent

ANY ADMISSION YOU MIGHT BE FORCED TO MAKE WITHOUT THE

PRESENCE OF A LAWYER WOULD BE INADMISSIBLE IN COURT.
 “Tanim Bala and Tanim Droga”
KNOW YOUR LEGAL RIGHTS
NO POLICE OFFICER CAN SET BAIL, AS ONLY JUDGES ARE EMPOWERED BY LAW TO SET
BAIL. (VIOLATION OF ANTI-GRAFT AND CORRUPT PRACTICES ACT RA 3019)

IF THE AIRPORT OFFICIALS DETAIN YOU ARBITRARILY, YOU HAVE

AMMUNITION TO FIGHT BACK BY FILING A PETITION FOR A WRIT OF
HABEAS CORPUS OR A COMPLAINT OF ARBITRARY DETENTION.
 Other Ways to Avoid Being a Victim of
“Tanim Bala”
Do not sleep Minimize opening your bag
Never leave your things Don’t let anyone else touch
unattended your things
Be aware of your surroundings Take a video of your luggage
when you’re about to have it
Do not be so easy to trust
scanned by the x-ray machine
strangers
REMEMBER:

A law each day keeps trouble away….

 -END-

THANK YOU!