CHAPTER 7: Offenses relative to Dangerous Drugs
Signature by the handling officer be
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 – R.A. 9165
 Objective of the Law
1. To safeguard the integrity of its territory and the well-being
of its citizenry.
2. To pursue an intensive and unrelenting campaign against
the trafficking and use of dangerous drugs.
3. To provide effective mechanisms or measures to re-
integrate individuals who have fallen victims to drug abuse.
 Unlawful Acts
1. Importation of Drugs – Sec. 4
- Elements:
a. This Importation/bringing into the Philippines of
drugs.
b. Importation/bringing was not authorized by law.
Notes:
 It must be shown that the drugs which arrived from Phil
waters came from a foreign port.
 There must be evidence of bringing in illegal drugs in the
Philippines.
 Mere possession of drugs in a foreign vessel in transit – GR:
no crime; vessel is extension of its own nationality.
 There must be proof of intent to import.
2. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Drugs (SAT2D3) – Sec. 5
- Elements:
a. Identity of buyer and seller, object and
consideration.
b. Delivery of thing and payment thereof.
Notes:
 The corpus delicti of the crime is the dangerous drugs.
 The corpus delicti is a compound fact made up of 2 things:
1. Existence of a certain act/result forming the basis of the
criminal charge; and 2. Existence of a criminal agency as the
cause of this act/result.
 Chain of custody
- Recorded authorized movements and custody of the
seized drugs from the time of seizure to receipt in the
forensic lab, to safekeeping, to presentation in court
for destruction.
- This rule requires that every person who touched the
item must describe his/her receipt, what transpired
while the same was in one’s possession, and its
condition when delivered.
 Four links of Chain custody
1. Seizure and marking of drug by apprehending
authority.
o Will be used as reference by succeeding
handlers of the specimen.
o Markings serve as separate marked
evidence from the corpus of all other
similar/related evidence.
o Marking is done to prevent switching of
evidence.
o This is the most crucial step in proving an
unbroken CoC.
o How done:
a.a. Place initials/signature of apprehending
officer.
a.b. Place the said specimen in an envelope.
a.c.
placed in the envelope.
a.d. It must be done immediately from
seizure.
Marking is not valid when:
 Marking was made after accused
was sent to the hospital.
 Inconsistencies in marking.
o When inventory be made:
 With warrant – place where
warrant was served.
 Without warrant – at the place of
arrest or where the nearest
station is.
o Presence of insulating witness
 This is mandatory
 To protect against possibility of
witching/planting/contamination/
loss of evidence.
 To avoid evil switching/planting of
evidence that had tainted the buy-
bust conducted.
 Presence must be during the
inventory
o When presence of witness can be dispensed
with:
 Media not available
 Police – no time
 Time constraint
o Requisites for a justifiable absence of
witness:
a.a. Allege the justifiable reason.
a.b. There were earnest efforts to contact
representatives/witnesses.
2. Turnover by apprehending officer to investigating
officer.
o People vs Catinguel – arresting officer must
turn over the drug to the investigating
officer, if not, a violation of the CoC.
o GR: Investigation officer will conduct proper
investigation, prepare the necessary
documents for developing the criminal case.
XPN: If the investigating officer and the
apprehending officer are one and the same.
3. Turnover by investigating officer to forensic chemist for
laboratory examination.
o There must be showing as to who received
the drug.
o There is doubt if the drug was submitted to
the forensic on the next day without
explaining how the drug was preserved.
o Forensic Chemist must know who brought
the drug to the lab.
4. Turnover and submission of marked drug from forensic
chemist to court.
Case: People vs Catinguel
The failure of the police officers to observe the rule on the chain
custody of the seized item compels the Court to reverse the assailed
rulings and acquit accused-appellant and clear him from the charge.
(Section 21 – Custody and Disposition of drugs)
First, the marking of the seized item by the apprehending officer was
not immediately done at the place of arrest because PO1 Lamsen
feared the accused’s friends who were in the area would cause trouble a. Sworn statements/affidavits,
following the arrest of the accused. This excuse however is proved apprehending/seizing officers must state
flimsy because: compliance with requirements of Section 21, R.A.
9165.
A. But you were with another police officer? b. Non-observance of provision, he must state
justification/explanation and steps taken to
Q. Yes. preserve integrity and evidentiary value of
seized/confiscated items.
A. Did you have your service firearm that time? c. No justification, investigating fiscal must not
immediately file the case. He must refer the case
Q. Yes. for further preliminary investigation.
d. If filed by fiscal, court may either refuse to issue
A. Did that not make you feel secure? commitment order or dismiss the case for lack of
probable cause.
A. We have not thought of that.
3. Maintenance of a Den, Dive or Resort – Sec. 6
Another deviation was made from the required witnessed
involved in the taking of the inventory and photographs, which - Place where drugs are administered, delivered, stored
was apparent. for illegal purposes, distributed, sold or used in any
form.
Meanwhile, the 2nd link was similarly not complied with. The
Notes:
apprehending officer did not turn over the item to the
investigating officer and remained in the right hand of PO1  Existence may be proved only by direct evidence and
Lamsen. circumstances – general reputation of the house/among
police officers.
As regards the 3rd link, PCI Todeno, the Forensic chemist, claimed  The drug den must be described.
that she personally received the item from PO1 Lamsen, but the
latter testified that he gave the item to PO1 Daus. 4. Employees, Visitors of a Den, Dive or Resort – Sec. 7

The 4th link was not established. The turnover and submission of
the seized item from the forensic chemist to the court was not
clearly shown since the testimony of the evidence custodian was
not presented. There was no stipulation that the evidence
custodian preserved the integrity and evidentiary value of the
seized item.
Notes:
 Employee/visitor must be aware that place is used to
administer, deliver, store, distribute, sell or use drugs.
 Prosecution must prove awareness of offender that the
place is devoted for the illegal activity.

 Buy bust operation 5. Manufacture Drugs – Sec. 8

- Form of entrapment to apprehend a criminal act of the
commission of an offense. 6. Illegal chemical diversion of controlled precursors and
- The idea to commit a crime originates from the essential chemicals – Sec. 9
offender, without anybody inducing or prodding him Notes:
to commit the offense.
- Test to determine validity of buy-bust operation is the  Any person, unless authorized by law, illegally diverts any
Objective Test. controlled precursor and essential chemical – LIABLE.
- In applying the objective test, the details of the  Chemical diversion – sale, distribution, supply or transport
purported transaction during the operation must be of controlled precursors and essential chemicals to any
clearly and adequately shown. person/entity engaged in manufacturing drugs – include
packaging, repackaging, labeling, etc.
Instigation Entrapment
7. Manufacture/Deliver equipment for drugs – Sec. 10
Accused is lured into Employment of ways to
the commission of the trap or capture a - Elements:
offense charged to lawbreaker. a. Offender delivers, possess manufacture
prosecute him. equipment and other paraphernalia for drugs.
b. Offender had intent to deliver equipment for
Lure accused to commit Criminal intent
drugs.
a crime which he would originates in the mind of
c. Offender had knowledge that equipment for
not otherwise commit the accused and law
enforcement officials drugs will be used to plant, propagate, contain,
and has no intention of
committing. merely facilitate the conceal, etc., any drugs.
apprehension of the
criminal by employing 8. Possession of Drugs – Sec. 11
schemes.
- Elements:
 Reminders to the bench and bar a. Accused in possession of item/object, identified
- Courts are exhorted to be extra vigilant in trying drug as prohibited/regulated drugs.
cases lest an innocent person is made to suffer the b. Possession is unauthorized.
unusually severe penalties for drug offenses. c. Accused freely and consciously possessed the
- Prosecution of drugs depend largely on credibility of drugs.
police officers who conduct buy bust operations.
 Romy Lim’s warnings 9. Possession of Drugs during Parties, Social Gatherings or
- The Court mandated compliance with the following Meetings – Sec. 13
policies:
 - Elements: a. Accused commits act of sexual intercourse/lascivious
a. Accused possessing drug conduct.
b. During a party, social gathering or meeting/ in the b. Act is performed with a child exploited in prostitution/other
proximate company of at least 2 or more persons. sexual abuse.
c. Child is a male/female and is 18 yrs old.
10. Possession of Equipment, Instrument and other
paraphernalia for drugs – Sec. 12
AGE ACT DONE CRIME
- Elements: Below 12 If with sexual Statutory Rape -
a. Possession by accused of equipment for intercourse RPC
introducing drugs into the body. 12 and 1 day – Rape - RPC
b. Possession not authorized by law. below 18
18 – above Rape – RPC
11. Possession of equipment for drugs during parties, etc. – Below 12 If rape using Sexual assault – R.A.
Sec. 14 object/finger 8353
12 and 1 day – Lascivious conduct –
- Degree of participation is not considered. There is no below 18 R.A. 7610
principal or accomplice or accessory. 18 – above Rape by Sexual
assault - RPC
12. Use of Drugs – Sec. 15 Below 12 If touched private Acts of
part with lewd Lasciviousness –
13. Cultivation or Culture of plants classified as drugs/source of designs RPC, Art. 336
drugs – Sec. 16 12 and 1 day – Lascivious Conduct
below 18
18 – above N/A
14. Maintenance of records of transactions on drugs – Sec. 17

15. Unnecessary prescription of drugs – Sec. 18  Variance Doctrine

- Person may be convicted of a different crime as long
16. Unlawful prescription of drugs – Sec. 19 as the elements of both crimes are the same.

(E.g. Sec. 5(b) and Sec. 10(a) of R.A. 7610)

 Drug test does not cover persons apprehended or arrested for
any unlawful act, but only for unlawful acts listed under Art. II of
R.A. 9165. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2002
– R.A. 9262
 GR: The provisions of the RPC are not applicable in drug cases.

XPN: When the offender is a minor – therefore, penalty can now

 4 acts punishable:
be graduated as it has adopted the technical nomenclature of
a. Physical abuse
penalties.
b. Psychological violence
c. Sexual violence
d. Economic abuse

 Who are protected:

CHAPTER 10: Offenses against Persons
A. Wife
SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND B. Sexual/Dating relationship –
DISCRIMINATION ACT – R.A. 7610 a. 2 are living under one roof on a continuous basis
b. No need whether with sexual acts done.
C. Woman with a common child

 Child pornography is qualified by Cybercrime Law

 Offenders
A. Husband
 Children:
B. Former husband
C. Boyfriend
a. Below 18 yrs old.
D. Former boyfriend
b. More than 18 but unable to fully take care of themselves
E. With sexual/dating relationship
because of physical or mental condition.
F. Man, whom she had a common child with

 Child Abuse – maltreatment, whether habitual or not, which

 If with a common child, it must be proven that the child is
includes any of the following:
recognized.

a. Psychological and physical abuse, neglect, cruelty, sexual

 This law prohibits settlement or compromise.
abuse and emotional maltreatment.
b. Act by deeds/words which debases, degrades or demeans
 Battered Woman Syndrome
the intrinsic worth and dignity of a child as a human being.
c. Unreasonable deprivation of basic needs for survival.
- Cycles of Syndrome:
d. Failure to give medical treatment to an injured child
a. Tension-Building Phase
resulting to serious impairment of his growth and
b. Acute battering incident
development or permanent incapacity or death.
c. Tranquil period

 Elements of sexual abuse/lascivious conducts

- 2 cycles of the 3 phases are completed, justifies the act
(killing) committed by the wife against her husband.