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of
the
Drugs/Controlled
Gatherings or Meetings.
Sec. 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings.
Sec. 15. Use of Dangerous Drugs.
SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or Are Sources Thereof.
SEC. 17.
Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and Precursors and Essential
Chemicals.
Section 18. Unnecessary Prescription of Dangerous Drugs.
ILLEGAL TRAFFICKING
The
illegal
cultivation,
culture,
delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous
drugs and/or controlled precursors and essential
chemicals
(covers Sections 4, 5, 8 ,11 and 16
of Philippine Law)
RA 9165
PROVISION
Section 4
Importation of
Dangerous
Drugs and/or
Controlled
Precursors
and Essential
Chemicals
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
a) Elements of importation
LESSONS
LEARNED
Date of Arrest
Place of Arrest
Arresting Team
Evidence Confiscated :
Violations Charged
Controlled Delivery
29 July 2002
Project 8, Quezon
City
PDEA, NBI, BUCUS
692.1604 g Cocaine
Hydrochloride
Sec. 4, RA 9165
RECOMMENDATIONS
The Honorable Court has the following to say:
xxx
RECOMMENDATIONS
(Investigation, we in law might say). Mr. Benjamin
Franklin (need we say who he is) writing in his now
sadly because almost forgotten Poor Richards
Almanac, had this to say about rash action and it is a
short and simple one: Haste, according to Mr.
Franklin, makes waste.
Accordingly, judgment is hereby rendered
ACQUITTING the accused Godswill Emenike y
Tochukwu, a.k.a. William Jackson or Willy, of the
crime of violation of Section 4, Article II, of RA 9165,
i.e. importation of cocaine hydrochloride.
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
Sec. 5. Sale,
Trading,
Administration,
Dispensation,
Delivery,
Distribution
and
Transportation
of Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals
RA 9165 PROVISION
Sec. 5. Sale, Trading,
Administration,
Dispensation,
Delivery, Distribution
and Transportation of
Dangerous Drugs
and/or Controlled
Precursors and
Essential Chemicals
UNLAWFUL ACT
PENALTIES
PROVIDED
TRANSPORTATION
In people vs. Lo Ho Wing, the Court defined transport to mean
to carry or convey from one place to another.
It has also been resolved that the fact that there is actual
conveyance suffices to support a finding that the act of
transporting was committed. It is immaterial whether or not the
place of destination was reached.
The act of transporting dangerous drugs is a malum
prohibitum as it is punished by a special law; thus criminal intent is
also immaterial.
That the contraband failed to reach its final destination would not
preclude the commission of the crime of transporting illegal drugs;
the fact of actual conveyance would suffice to support the
finding of guilt [Pp vs. Gomez, G.R. No. 101817. March 26, 1997].
TRANSPORTATION
In People vs. Jones (G.R. No. 115581, August 29,1997), the
Court held:
There is no doubt in the mind of the court that the accused was in
the act of transporting heroin when she was caught. The accused was
caught in the international airport, holding tickets issued by Northwest
Airlines for abroad. She has gone through the usual process preceding
departure, and was in fact at the last stage of security checks, right before
boardingm when frisker Rubilinda Rosal discovered her hidden contraband.
Such circumstance leave no doubt to the mind of the court that the accused
was transporting the prohibited substance. There is no definitive moment
when the accused transports a prohibited drug. When the circumstances
established point to the purpose of the accused to transport, and to the
fact of transportation itself, then there should be no question as to the
perpetration of the criminal act. [emphasis supplied]
GIVING AWAY
In People vs. Lacerna, the Court explained that the phrase
give away means to make a present of; to donate, or to make
sacrifice.
The phrase was construed as extending only to a disposition in
esjudem generis with a sale or a gift.
It is synonymous with to furnish, a broad term embracing the
acts of selling and giving away with the intent of transferring
ownership.
As distinguished from delivery, which is an incident of sale,
giving away is a disposition other than a sale. It is, therefore, an
act short of a sale which involves no consideration. The dangerous
drug becomes an item or merchandise presented as a gift or a
premium (giveaway), where ownership is transferred.
SALE
the
SALE
SALE
It is not necessary that the seller physically delivers the
drug to the buyer or victim or that the contract be
consummated by the actual delivery of the subject matter
to the buyer. It is enough that there be a perfected contract of
sale, when there exists a meeting of minds. [Pp vs. Fernandez,
G.R. No. 86495, May 13, 1992]
Mere consummation of the selling transaction
required Payment for drugs delivered is not a requisite for
conviction [Pp vs. Angeles, 209 SCRA 799].
Even without money to buy the dangerous drug, so long as
the police officer went thru the motion as a buyer and his offer
was accepted and the drug was delivered, the crime was
consummated by the delivery of goods [Pp vs. Lakibul, 217
SCRA 575; Pp vs. Dela Cruz, 224 SCRA 468].
SALE
In People vs. Tabar, the Court convicted accused of
illegal possession although he was charged with sale.
This considering that the prevailing doctrine is that
possession of marijuana is absorbed in the sale thereof,
except when the seller is further apprehended in
possession of another quantity of the prohibited drugs
not covered by or included in the sale and which are
probably intended for some future dealings or use by
the seller.
LESSONS
LEARNED
Re- Acquittal of Accused
in
Place of Arrest
:
:
:
Arresting Team
Type of Operation
Date of Arrest
27 June 1994
Cash and Carry Supermarket,
Makati City
Evidence Confiscated :
Violations Charged
RA 6425 (sale)
RECOMMENDATIONS
Sec. 21, Art. II, RA 9165 IRR states:
xxx
SEC. 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals,
Instruments/Paraphernalia
and/or
Laboratory
Equipment. The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs, controlled
precursors
and
essential
chemicals,
as
well
as
instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following
manner:
1) The apprehending team having initial custody and control of the
drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel,
RECOMMENDATIONS
a representative from the media and the Department of Justice,
and any elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof: Provided, that the
physical inventory and photograph shall be conducted at the place
where the search warrant is served; or at the nearest police
station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless
seizures; Provided, further, that non-compliance with these
requirements under justifiable grounds, as long as the integrity
and evidentiary value of the seized items are properly
preserved by the apprehending officer/ team, shall not render
void and invalid such seizures of and custody over said items;
2) Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled
precursors
and
essential
chemicals,
as
well
as
instruments/paraphernalia and/or laboratory equipment, the same shall
be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination. x x x [emphasis supplied]
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
Sec. 6.
Maintenance of a
Den, Dive or
Resort
LESSONS
LEARNED
Type of Operation
Date of Arrest
: 24 August 2004
Place of Arrest
drug den)
SAIDSOTF (Pasay City)
Evidence Confiscated : Drug Paraphernalia
Violations Charged : Sec. 6 and 12, RA 9165
Arresting Team
RECOMMENDATIONS
The Court said that:
xxx
In order to sustain a conviction for the crime of
maintaining a drug den where dangerous drug is
being used, it is not only necessary that the person
accused be found in the place where the dangerous
drug is used in contravention with law, but such
place be a den, dive, or resort where any dangerous
drug and/or controlled precursor and essential
chemical is administered, delivered, stored for
illegal purposes, distributed or used in any form.
xxx
--
RA 9165
PROVISION
Sec. 7.
Employees
and Visitors
of a Den,
Dive or
Resort
UNLAWFUL ACT
PENALTIES PROVIDED
a) Any employee of a
den, dive or resort, who twelve (12) years and one
is aware of the nature of (1) day to twenty (20)
the place as such; and
years and a fine ranging
from
One
hundred
pesos
b) Any person who, not thousand
being included in the (P100,000.00) to Five
provisions of the next hundred thousand pesos
preceding paragraph, is (P500,000.00)
aware of the nature of
the place as such and
shall knowingly visit the
same
RA 9165
PROVISION
Sec. 8.
Manufacture of
Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals
UNLAWFUL ACT
manufacture
dangerous drug
of
PENALTIES PROVIDED
any life imprisonment to death and a fine
ranging from Five hundred thousand
pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)
manufacture of any controlled twelve (12) years and one (1) day to
precursor
and
essential twenty (20) years and fine ranging
from One hundred thousand pesos
chemical
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
Financier
maximum penalty
Protector/ coddler
Manufacture
The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such
terms do not include the preparation, compounding, packaging
or labeling of a drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.
RA 9165
PROVISION
Sec. 9. Illegal
Chemical
Diversion of
Controlled
Precursors and
Essential
Chemicals
UNLAWFUL ACT
PENALTIES PROVIDED
CHEMICAL DIVERSION
The sale, distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in the
manufacture of any dangerous drugs, and shall include
packaging, repackaging, labeling, relabeling or concealment
of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.
Covers Section 9 of Philippine Law
RA 9165
PROVISION
Sec. 10.
Manufacture or
Delivery of
Equipment,
Instrument,
Apparatus, and
Other
Paraphernalia
for Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals.
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
Sec. 10.
Manufacture or
Delivery of
Equipment,
Instrument,
Apparatus, and
Other
Paraphernalia
for Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals.
RA 9165
PROVISION
Sec. 11.
Possession of
Dangerous
Drugs
UNLAWFUL ACT
PENALTIES PROVIDED
Possession of:
1) 10 grams or more of opium;
2) 10 grams or more of
life imprisonment to death
morphine;
and a fine ranging from Five
hundred thousand pesos
3) 10 grams or more of heroin;
(P500,000.00) to Ten million
4) 10 grams or more of cocaine pesos (P10,000,000.00)
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;
RA 9165
PROVISION
UNLAWFUL ACT
Sec. 11.
Possession of
Dangerous
Drugs
PENALTIES PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
Sec. 11.
Possession of
Dangerous
Drugs
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
Sec. 11.
Possession of
Dangerous
Drugs
RA 9165
PROVISION
Sec. 11.
Possession of
Dangerous
Drugs
UNLAWFUL ACT
PENALTIES
PROVIDED
a)
3.
the accused freely and consciously possessed
the prohibited drug.
Actual physical possession at the time of arrest is not
necessary nor pecuniary advantage need be proved [Pp vs.
Sarmiento, G.R. No. 72141. June 12, 1987]. Proof of
ownership is not necessary in illegal drug cases; it is
sufficient that such drug is found in appellants possession.
[Pp vs. Encinada, G.R. No. 116720. October 2, 1997].
ONE + ONE = 6
TWO + ONE = 6
THREE + ONE = 8
THREE + TWO = 8
FOUR + THREE = 9
FOUR + ONE = ___________
EIGHT + FOUR = ___________
NINE + EIGHT = 9
EIGHT + THREE = 10
THREE + TWENTY FIVE = 15
RA 9165
PROVISION
Sec. 12.
Possession of
Equipment,
Instrument,
Apparatus and
Other
Paraphernalia
for Dangerous
Drugs
UNLAWFUL ACT
PENALTIES
PROVIDED
LESSONS
LEARNED
Type of Operation
Date of Arrest
: 24 August 2004
Place of Arrest
drug den)
SAIDSOTF (Pasay City)
Evidence Confiscated : Drug Paraphernalia
Violations Charged : Sec. 6 and 12, RA 9165
Arresting Team
RECOMMENDATIONS
In possession of dangerous drug
RA 9165
PROVISION
Sec. 13.
Possession of
Dangerous
Drugs During
Social
Gatherings or
Meetings.
UNLAWFUL ACT
PENALTIES
PROVIDED
RA 9165
PROVISION
Sec. 14.
Possession of
Equipment,
Instrument,
Apparatus and
Other
Paraphernalia
for Dangerous
Drugs During
Parties, Social
Gatherings
UNLAWFUL ACT
PENALTIES
PROVIDED
maximum
penalty
provided for in Section 12
of this Act (four years and
P50,000.00 pesos fine)
RA 9165
PROVISION
Sec. 15. Use of
Dangerous
Drugs
UNLAWFUL ACT
PENALTIES
PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
Sec. 16.
Cultivation or
Culture of Plants
Classified as
Dangerous
Drugs or Are
Sources Thereof
financier
maximum penalty
RA 9165
PROVISION
UNLAWFUL ACT
Sec. 16.
protector/ coddler
Cultivation or
Culture of Plants
Classified as
Dangerous
Drugs or Are
Sources Thereof
PENALTIES
PROVIDED
twelve (12) years and one (1)
day to twenty (20) years of
imprisonment and a fine
ranging from One hundred
thousand
pesos
(P100,000.00)
to
Five
hundred thousand pesos
(P500,000.00)
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
Sec. 17.
Maintenance and
Keeping of
Original Records
of Transactions
on Dangerous
Drugs and/or
Controlled
Precursors and
Essential
Chemicals
any
practitioner,
manufacturer,
wholesaler, importer, distributor, dealer
or retailer who violates or fails to comply
with the maintenance and keeping of
the original records of transactions on
any dangerous drug and/or controlled
precursor and essential chemical in
accordance with Section 40 of this Act
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
Sec. 18.
Unnecessary
Prescription of
Dangerous
Drugs
Sec. 19.
Unlawful
Prescription of
Dangerous
Drugs.
life imprisonment to
death and a fine ranging
from
Five
hundred
thousand
pesos
(P500,000.00) to Ten
Million
pesos
(P10,000,000.00)
RA 9165
PROVISION
Sec. 26.
Attempt or
Conspiracy
UNLAWFUL ACT
PENALTIES
PROVIDED
ATTEMPT
The attempt to sell drugs may be established by overt acts
showing that the accused knowingly commenced the
commission of the crime. [I]n a prosecution for the sale of
dangerous drugs, it is material and indispensable (1) to prove
that the accused sold and delivered the prohibited drug to
another, as well as to present in court the corpus delicti as
evidence; and (2) to prove that the accused knew that what
was sold and delivered was a dangerous drug. The attempt to
sell the drug may be established by overt acts showing that the
accused knowingly commenced the commission of the crime.
(People vs. Balag-ey, et. al., G.R. No. 141532, April 14, 2004)
--
ATTEMPT
Criminal Case No. 06-017
That on or about the 17th day of December, 2005, in the Municipality of
Binangonan, Province of Rizal, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, not being authorized
by law to sell any dangerous drug, did then and there willfully,
unlawfully, and knowingly attempt to sell, deliver, and give away shabu
to PO1 Angelito G. Reyes, 0.04 gram of white crystalline substance
contained in two (2) heat-sealed transparent plastic sachets which were
found positive to the test for Methylamphetamine Hydrochloride, also
known as shabu, a dangerous drug, thus commencing the commission
of the crime of illegal sale but did not perform all the acts of execution
which would produce such crime by reason of some cause or accident
other than the accuseds own spontaneous desistance, that is, said
PO1 Angelito G. Reyes introduced himself as policeman, arrested the
accused and confiscated the two (2) above-mentioned sachets from the
latter.
CONTRARY TO LAW.5
ATTEMPT
ATTEMPT
ATTEMPT
Here, appellant intended to sell shabu and commenced by
overt acts the commission of the intended crime by showing
the substance to PO1 Reyes and PO1 Pastor.12 The sale
was aborted when the police officers identified themselves
and placed appellant and Ritwal under arrest. From the
testimonies of the witnesses, the prosecution was able to
establish that there was an attempt to sell shabu. In
addition, the plastic sachets were presented in court as
evidence of corpus delicti. Thus, the elements of the crime
charged were sufficiently established by evidence.
People vs LAYLO, GR No. 192235, July 6, 2011
CONSPIRACY
Conspiracy arises when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
Conspiracy is deemed to arise when two or more
persons come to an agreement concerning the
commission of a felony and decide to commit it.
Conspiracy is not presumed. Like the physical acts
constituting the crime itself, the elements of
conspiracy must be proven beyond reasonable doubt.
(People vs. Rose Yu, G.R. No. 155030, May 18,
2004)--
CONSPIRACY
Conspiracy may be inferred from the conduct of the
accused before, during and after the commission of the
crime, and does not need to be established by direct
evidence. Conspiracy need not be established by direct
evidence, for it may be inferred from the conduct of the
accused before, during and after the commission of the crime,
all taken together. However, the evidence therefore must
reasonably be strong enough to show a community of criminal
design. In the case at bar, appellant was not a passive
spectator who was mistakenly implicated of committing a
crime. She definitely took an active participation in the sale of
the shabu. She was positively identified as the driver of the
Honda Accord who conversed and gave instructions to
accused Ferdie regarding the transaction.
CONSPIRACY
An accepted badge of conspiracy is when the accused by
their acts aimed at the same object, and their acts though
apparently independent, were in fact concerted and
cooperative, indicating concurrence of sentiments. An
accepted badge of conspiracy is when the accused by their
acts aimed at the same object, one performing one part and
another performing another so as to complete it with a view to
the attainment of the same object, and their acts though
apparently independent were in fact concerted and
cooperative, indicating closeness of personal association,
concerted action and concurrence of sentiments. The instant
case clearly demonstrates this principle.
CONSPIRACY
In this regard, our ruling in Bahilidad v. People is instructive:
There is conspiracy when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Conspiracy is not presumed. Like the physical acts constituting the crime
itself, the elements of conspiracy must be proven beyond reasonable
doubt. While conspiracy need not be established by direct evidence, for it
may be inferred from the conduct of the accused before, during and after
the commission of the crime, all taken together, however, the evidence
must be strong enough to show the community of criminal design. For
conspiracy to exist, it is essential that there must be a conscious design to
commit an offense. Conspiracy is the product of intentionality on the part of
the cohorts.
San Juan vs People (May 30, 2011)
CONSPIRACY
It is necessary that a conspirator should have performed some
overt act as a direct or indirect contribution to the execution of
the crime committed. The overt act may consist of active
participation in the actual commission of the crime itself, or it
may consist of moral assistance to his co-conspirators by
being present at the commission of the crime or by exerting
moral ascendancy over the other co-conspirators. Hence, the
mere presence of an accused at the discussion of a
conspiracy, even approval of it, without any active participation
in the same, is not enough for purposes of conviction.
CONSPIRACY
It bears stressing that conspiracy requires the same degree of
proof required to establish the crime proof beyond
reasonable doubt. Thus, mere presence at the scene of the
crime at the time of its commission without proof of
cooperation or agreement to cooperate is not enough to
constitute one a party to a conspiracy.
RA 9165 PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
any
public
officer
or
employee
who
misappropriates, misapplies
or fails to account for
confiscated,
seized
or
surrendered
dangerous
drugs, plant sources of
dangerous drugs, controlled
precursors and essential
chemicals,
instruments/paraphernalia
and/or laboratory equipment
including the proceeds or
properties obtained from the
unlawful acts as provided
for in this Act
Life imprisonment to
death plus fine of
P500,000.00
to
P10,000,000.00
Removal from office
and
perpetual
disqualification
from
holding any elective or
appointive positions in
the government
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165
PROVISION
Sec. 30. Criminal
Liability of
Officers of
Partnerships,
Corporations,
Associations or
Other Juridical
Entities
UNLAWFUL ACT
PENALTIES
PROVIDED
partner,
president,
director, Penalty provided for the
manager,
trustee,
estate offense
administrator, or officer who
knowingly authorizes, tolerates or
consents to the use of a vehicle,
vessel, aircraft, equipment or other
facility, as an instrument in the
importation, sale, administration,
dispensation, delivery, distribution,
transportation or manufacture of
dangerous drugs, or chemical
diversion, if such vehicle, vessel,
aircraft,
equipment
or
other
instrument is owned by or under the
control or supervision of the
partnership,
corporation,
association or juridical entity to
which they are affiliated
RA 9165
PROVISION
Sec. 31.
Additional
Penalty if
Offender is an
Alien
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
any
person
found
violating any regulation
duly issued by the
Board pursuant to this
Act
RA 9165
PROVISION
Sec. 35.
Accessory
Penalties
UNLAWFUL ACT
PENALTIES PROVIDED
person
convicted disqualified to exercise
his/her civil rights such as
under this Act
but not limited to:
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165
PROVISION
UNLAWFUL ACT
PENALTIES PROVIDED
RA 9165 PROVISION
SEC. 73. Liability of a
Parent, Spouse or
Guardian Who Refuses
to Cooperate with the
Board or any
Concerned Agency
UNLAWFUL ACT
PENALTIES
PROVIDED
RA 9165 PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
Any
member
of
law
enforcement agencies or
any
other
government
official and employee who,
after due notice, fails or
refuses
intentionally
or
negligently, to appear as a
witness for the prosecution
in
any
proceedings,
involving violations of this
Act, without any valid
reason
RA 9165 PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED
RA 9165 PROVISION
UNLAWFUL ACT
PENALTIES
PROVIDED