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DEFINITIONS OF TERMS 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 drug, 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. Controlled Delivery The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of any unauthorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense. Controlled Precursor and Essential Chemicals Includes those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act. Drug Dependence As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. Drug Syndicate Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act. Illegal Trafficking The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of any dangerous drug and/or controlled precursor and essential chemical. Protector/Coddler Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable ground to believe on or suspects, has violated the provision of this Act in order to prevent the arrest, prosecution and conviction of the violator.
Pusher Any person who sells, trades, administers, dispenses, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transaction, in violation of this Act. Planting of evidence the willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating, or imputing the commission of any violation of this Act.
What are the significant Provisions in R.A. 6425 that have been changed? 1. Under this Act there is no more distinction between prohibited drug and regulated drugs and/or controlled precursors and essential chemicals enumerated in Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. 2. The penalties provided by R.A. 7659 was changed , adopting partially the penalties in R.A. 6425. 3. In planting evidence any person now maybe held liable. Before, only law enforcement agents. 4. the provisions of the Revised Penal Code have no suppletory effect except for minors who may be sentenced to reclusion perpatua.
What are the new kinds of drugs that are included in R.A. 9165? Methylenedioxymethamphetamine (MDMA) or commonly known as Ecstasy , or its any other name which refers to the drugs having such chemical composition, including any of its isomers or derivatives in any form. Paramethoxyamphetamine (PMA), Trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB) and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirement, as determined and promulgated by the Board in accordance to Section 93, Art XI of this Act of R.A. 9165.
ACTS PUNISHABLE UNDER THE LAW 1.) Importation of any dangerous drug, regardless of the quantity and purity involved, including any and
5. Social Gathering or Meetings.) Importation of any controlled precursor and essential chemical.) Sale. couriers and messengers. and Other Paraphernalia for Dangerous Drugs 20. 17. Dive or Resort where any dangerous drug is used or sold in any form. 5.) Possession of Drug. (b) Sale. 7. Dive. .) Attempt or Conspiracy to commit the following unlawful acts: (a) Importation of any dangerous drugs and/or controlled precursor and essential chemical. 8 16. Instrument. distribution and transportation of any controlled precursor and essential chemical. distribution and transportation of dangerous drugs.) Maintenance and keeping of Original Records of Transaction on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals 25. Apparatus. 10. dispensation. 2.) Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof. regardless of quantity and purity involved. dispensation. administration. 8. Unnecessary Prescription of Dangerous Drugs 26. or Resort 14.) Acting as a protector/coddler of any violator of the provision of Sec.) Possession of equipment. trading.) Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals 15.) Unlawful Prescription of Dangerous Drugs 27. 3. Instrument. dispensation. 24. diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry. 23. delivery. 4. Social Gathering or Meetings.) Illegal Chemical Diversion of Controlled Precursor and Essential Chemicals. and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.) Manufacture or Delivery of Equipment.) Possession of Equipment. administration. 21. administration. (c) Maintenance of a den. distribution.) Acting as a protector or coddler of any violator of Sec. or acting as a broker in such transaction. managing. or Resort 13. decorative and culinary purposes. trading. Dive or Resort where any controlled precursors and essential chemical is used or sold in any form. 11.) Employees and Visitors of a Den.) Possession of Dangerous Drugs During Parties. Instrument.) Use of Dangerous Drugs. or acting as a broker in any of such transactions. Drive.) Organizing. dive.) Use by drug pushers of minors or mentally incapacitated individuals as runners.) Importation of any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport.) Acting as protector/coddler of anyone who violates Section 4 of the Law. Apparatus and Other Paraphernalia for Dangerous Drugs during Parties. 22.) Sale.all species of opium poppy or any part thereof or substances derived thereform even for floral. 19.) Maintenance of a Den. or in any other capacity directly connected to the trade of dangerous drugs and/or controlled precursor and chemicals. or acting as a financier of any of the illegal activities penalized under Section 4 of the Law. trading. 6. and transportation of any dangerous drug and/or controlled precursor and essential chemical.) Maintenance of a Den. 18.) Acting as protector/coddler of a maintainer of a Den. Apparatus. 9. or resort where dangerous drugs is used in any form. 12.
000. manager. or chemical diversion. . aircraft. plant sources of dangerous drugs. CORPORATION. Any public officer or employee who (1) misappropriates. distribution. equipment or other instrument is owned by or under the control or supervision of the partnership. administration.000.00 to P10. The penalty provided for the offense under the Law shall be imposed upon the partner. corporation. 2. any alien who violates such provisions of the Law. equipment or other facility as an instrument in the importation. vessel. 3. after service of sentences. OR OTHER JURIDIUCAL ENTITIES 1. trustee. or officer who knowingly authorizes.000. director. or officer who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. trustee. sale. CRIMINAL LIABLITY OF PUBLIC OFFICERS OR EMPLOYEES 1. association or any juridical entity.(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical. instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts punished under the Law shall be penalized with life imprisonment to death and a fine ranging fromP500. or manufacture of dangerous drugs. trading.00 and with perpetual disqualification from any public office (Sec. shall be deported immediately without further proceedings. In case the violation of the Law is committed by a partnership. 28). seized or surrendered drugs. if such vehicle. OFFICERS OF PARTNERSHIP. and (e) Cultivation or culture of plants which are sources of dangerous drugs. tolerates. (Sec. president. corporation. president. delivery. but the one who gave must be convicted first by final judgment. (2) misapplies or (3) fails to account for confiscated. dispensation. or consents to the use of a vehicle. director. 2.27). association or juridical entity to which they are affiliated. estate administrator. ASSOCIATIONS. In addition to the penalties prescribed in the unlawful act committed. CRIMINAL LIABILITY OF ELECTIVE LOCAL OR NATIONAL OFFICIALS WHO BENEFITS FROM DRUG TRAFFICKING whether or not he know that it came from drugs. manager. unless the penalty is death. controlled precursors and essential chemicals. the partner. CRIMINAL LIABILITY OF ALIENS. aircraft. transportation. estate administrator. Any government official or employee found guilty of the unlawful acts punished under the Law shall be imposed the maximum penalties provided for the offense and shall be absolutely perpetually disqualified from holding any public office.
35) AGGRAVATING CIRCUMSTANCES DRUG RELATED CASES 1. regardless of quantity and purity. shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government. Any person violating any regulation issued by the Dangerous Drug Board shall be punished with imprisonment ranging from 6 months and 1 day to 4 years and a fine ranging from P10. its divisions. shall be punished with death. and political rights such as but not limited to.A. 3.00 in addition to the administrative sanction which may be imposed by the Board (Sec.A. the right of parental authority or guardianship. dispensation. (Sec. either as to the person or property of any ward.000. Any person found guilty of planting any dangerous drug and/or controlled precursor and essential chemical. or has (2) received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drug as prescribed in the law. 32) CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE Any person who is found guilty of planting nay dangerous drug and/ or controlled precursor and essential chemicals. and intermediaries. administration. delivery.1. subdivisions.) The sale trading.9165 ) shall be disqualified to exercise his/her civil rights such as. 7659).000. the right to vote and be voted for. distribution or transportation of any . 29).) If the importation or bringing into the Philippines of any dangerous drugs and/or controlled precursor and essential chemicals was done through the use of diplomatic passport. 29).00 to P50.27) CRIMINALLIABILITY OF PRIVATE INDIVIDUAL 2. (Sec. shall suffer the penalty of death. including government-owned or controlled corporations (\sec. only law enforcement agent maybe held liable (R. ACCESORY PENALTIES Any person convicted under this Law (R. Previosly. Such rights shall also be suspended during the pendency of an appeal from such conviction (Sec. but not limited to. the rights to dispose of such property by any act or any conveyance inter vivos. regardless of quantity and purity. Any elective local or national official found to have (1) benefited from the proceeds of the trafficking of dangerous drugs as prescribed in the Law. diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same 2.
) Any person convicted for drug trafficking or pushing under this Act. 6. consuming. public official or foreigner. 8. instrument. or in the proximate company of at least two (2) person WHAT ARE THE PRIVILEGE NOT AVAILABLE TO VIOLATOR OF THIS ACT? 1. regardless of the penalty imposed by the Court.) Possession or having under his/her control any equipment. chemical engineer. apparatus and other paraphernalia use for dangerous drugs.D. 2. couriers and messenger. 7. or in any other capacity directly connected to the dangerous drug and/or controlled precursor and essential chemical trade. business. church or school premises. injecting. ingesting or introducing any dangerous drug into the body. social gatherings or meetings.) Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. No. instrument. Note:. 4. as amended. or in the proximate company of at least two (2) person.) Any phase of manufacturing process was established or undertaken within one hundred (100) meters of a residential.Pendency of appeal suspend the right of the accused .) Any person found possessing any dangerous drug during a party.) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s b.) In case the person uses a minor or a mentally incapacitated individual to deliver equipment.) The victim of the offense is a minor or mentally incapacitated individual. during parties.dangerous drug and/or controlled precursor and essential chemical transpired within one hundred (100) meters from the school 3. except minors who are first-time offenders. apparatus and other paraphernalia fit of intended for smoking.) The drug pusher use minors or mentally incapacitated individuals as runners. 5. d. e.) Any clandestine laboratory was secured or protected with booby traps.) Any employment of a practitioner. or should a dangerous drug and/or controlled precursor and essential chemicals involved `in any offense be the proximate cause of death of a victim. or a social gathering or meeting. c. cannot avail of the privilege granted by the Probation Law of P.) Any clandestine laboratory was concealed with legitimate business operations. administering. 968.) In case the clandestine laboratory is undertaken or established under the following circumstances: a.
That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given. or made only for the purpose of harassing.11. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. malicious.) Such information are not yet in the possession of the State.. reduced into writing. the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under the Law or any other law. shall be exempted from the prosecution or punishment for the offense with reference to which his/her information of testimony in bar of such prosecution. TERMINATION OF THE GRANT OF IMMUNITY The immunity above-granted shall not attach should it turn out subsequently that the information and/or testimony is false.) The information and testimony are necessary for the conviction of the person described above. who voluntarily gives information about any violation of Section 4. Provide. 15 and 19. finally. and who willingly testifies against such persons as described above. that the following condition concur: 1.) The informant or witness has not been previously convicted of a crime involving moral turpitude. 12. and 5. In such case. 6981 or the Witness Protection. 3.Rights to Self-incrimination do not refer to giving blood.) Such information and testimony can be corroborated on its material points. decree or order shall be deemed terminated. Provided. 8. any condition or undertaking. 6. 4. 2. Provided. Article II of this Act as well as any violation of the offenses mentioned if committed by drug syndicate.) The informant or witness shall strictly and faithfully comply without delay. 13 and 16. 14. further. that there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Article II of this Act. identities and arrest of all or any of the members thereof. 5. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Security and Benefits Act of 1991. any person who has violated Sections 7. IMMUNITY FROM PROSECUTION AND PUNISHMENT Immunity from Prosecution and punishment Notwithstanding the provision of Section 17. or of any information leading to the whereabouts. molesting or in any way prejudicing the persons described in Section 33 against whom such information or testimony is directed. .
shall be subjected to undergo a random drug test as contained in the company s work unless and regulation. That all persons who by the nature of their profession carry firearms shall undergo drug testing.) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. Officers and members of the military. subject to the provision Article 282 of the Labor Code and pertinent provisions of the Civil Service Law. whether domestic or overseas. and when lawfully obliges to do so.) All persons charged before the prosecutor s office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have undergo a mandatory drug test. All applicants for firearms license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs. as the case may be and the enjoyment of all rights and benefits previously accorded him under the Law or in any other law. (Sec 34. PERSON/S WHO ARE SUBJECT TO THE MANDATORY DRUG TESTING a.) Officers and members of the military. CONFIDENTIALITY OF RECORDS UNDER THE COMPULSARY SUBMISSION PROGRAM The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program.) Officers and employees of public and private offices.In case the informant or witness under the Law fails or refuse to testify without just cause. or who was charged for violation of Section 15 of this Act. such individual cannot avail of the provision under Article VIII of the Law. which shall be borne by the employer. c. police and other law enforcement agencies. his/her immunity shall be removed and he/she shall be likewise be subjected to contempt and/or criminal prosecution.) In case the informant or witness referred to under the Law falls under the applicability of Section 34. f. e. for purposes of reducing the risk in the workplace. police and other law enforcement agencies shall undergo an annual mandatory drug test. decree or order shall be deemed terminated.) Applicants for driver s license no driver s license shall be issued or renewed to nay person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs. Officers and employees of public and private offices.) Applicants for firearm s license and permit to carry firearms outside of residence. or should he/she violate any condition accompanying such immunity as provided above. d. b. Provided. shall be . Any officer or employee found positive for the sue of dangerous drug shall be dealt with administratively which shall be a ground for suspension or termination.
and (g) The Minister of Local Government or his representative (Sec. (e) The Minister of Finance or his representative. three (3) of which are permanent members. shall restore the accused to his/her status prior to the case. 35 Art. the court. (b) the Minister of Justice or his representative.A. 67) THE DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY The Dangerous Drug Board A. twelve (12) shall be in ex officio . including confinement in a Center. (Sec. the court shall enter an order to expunge all official records. Such an order. However. the record of a drug dependant who was not rehabilitated. Function The Dangerous Drug Board shall be the policy-making and strategy formulating body in the planning and formulation of policies and programs on drug prevention and control. shall be forwarded to the court and their use shall be determined by the court.A. the membership of the Dangerous Drugs Board was expanded to seventeen (17) members. taking into consideration public interest and the welfare of the drug dependant (Sec.A. 6424) The Minister of Health shall be the Chairman of the Board and the Director of the National Bureau of Investigation shall be the permanent consultant of the Board. Upon the dismissal of the proceedings against the accused. which shall be kept confidential. Under Section 78 of R. upon a favorable recommendation of the Board for a final discharge of the accused. Composition Under R. 8. other than the confidential record to be retained by the DOJ relating to the case. 64) DISCHARGED AFTER COMPLIANCE WITH CONDITIONS OF SUSPENDED SENTENCE OF A FIRST-TIME MINOR OFFENDER If the accused first time minor offender under suspended sentence complies with the applicable rules and regulation of the Board.A. (f) The Minister of Social Service and Development or his representative. the Dangerous Drug board was composed of seven ex officio members as follows: (a) The Minister of Health or his representative. R.covered by Section 60 of this Act (R. 77) B. (d) The Minister of Education and Culture or his representative. (c) The Minister of National Defense or his representative. shall discharge the accused and dismiss all proceedings. or who escaped but did not surrender himself/herself within the prescribed period. 6424 as amended. 9165. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related therto in response to any inquiry madeof him for any purpose (Sec. 9165).
and (b) The chairman or president of a non. (Sec. 83. and shall be responsible for the efficient and effective law enforcement of all provisions of any dangerous drug and/or controlled precursor and essential chemicals as provided for in the Law. Functions Carry out the provision of the Dangerous Drug act of 2002. the person appointed to succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly appointed and qualified. (9) Secretary of the Department of Education or his/her representative. 9165) B. The President shall designate a Chairman.chairman or president of a non. criminology. who shall possess At least seven-year training andexperience in the field of dangerous drugs andin any of the following fields: in law. (6) Secretary of the Department of Interior and Local Government or his/her representative. and (12) Director General of the Philippine Drug Enforcement Agency. The Philippine Drug Enforcement Agency (PDEA) A. one (1) shall serve for four (4) and the other for two (2) years. (2) Secretary of the Department of Health or his/her representative. medicine. (10) Chairman of the Commission of Higher Education or his/her representative.A. psychology or social work. (11) Chairman of the National Youth Commission.) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby carrying out a national drug campaign program which shall include drug law enforcement. R. 82). (4) Secretary of the Department of Finance or his/her representative. The Agency shall served as the implementing arm of the Dangerous Drug Board. who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. control and prevention campaign with the assistance of concerned government . (5) Secretary of the Department of Labor and Employment or his/her representative. (3) Secretary of the Department of National Defense or his/her representative.capacity. who shall have the rank of undersecretary. shall be appointed by the President of the Philippines. The three (3) permanent members.) Powers and Duties a. The other twelve (12) members who shall be ex officio members of the Board are the following: (1) Secretary of the Department of Justice or his/her representative. Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose rank shall in no case be lower than undersecretary. The two (2) regular members shall be as follows: (a) The President of the Integrated Bar of the Philippines.chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines. Of the two (2) other members. and the remaining two (2) shall be regular members. The existing Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as created by Executive Order No. Thereafter. (8) Secretary of the Department of Foreign Affairs or his/her representative. 61 is hereby modified and absorbed by the PDEA (Sec. (7) Secretary of the Department of Social Welfare and Development or his/her representative.
) Undertake the enforcement of the provision of article II of this Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use. 1619. issue subpoena and subpoena duces tecum relative to the conduct of investigation involving violation of this Act. h. b.) Monitor and if warranted by circumstances. municipality and barangay with active and direct participation of all such local government units and non-governmental organizations. if no longer needed for purposes of evidence in court. controlled precursors and essential chemicals. subject to the provisions of previously formulated programs of action against dangerous drugs. . m. in coordination with the Philippine Postal Office and the Bureau of Customs. the effects or proceeds of the crime as provided by law and take custody thereof.) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted.agencies.) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of this Act and in accordance with the pertinent provisions of the Anti-Money Laundering Act of 2002.) Established and maintain close coordination. which appear from the packages and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals.) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized. support and coordinate with other government agencies for the proper and effective prosecution of the same. k. through on-line or cyber shops via the internet or cyberspace. and assist. parcels and mails in the central post office. cooperation and linkages with international drug control and administration agencies and organization and implement the applicable provisions of international conventions and agreement related to dangerous drugs to which the Philippines is a signatory. d. e. confiscated or surrendered to any national. g.) Administer oath.) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seized or confiscated drugs.) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in every province.) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies. c. other government agencies/offices and local government units that will assist in its apprehension of big time drug lords. in accordance with the existing laws.) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of laws on dangerous drugs. city. l. thereby hastening its destruction without delay. including the citizenry. abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemicals as provided for in this Act and the provisions of Presidential Decree No. for this purpose the prosecutors and enforcement agents are authorized to possess firearms. provincial or local law enforcement agency. f. j. and other similar controlled substance. inspect all air cargo packages. i.) Arrest and apprehend as well as search all violators and seize or confiscate.
and (2) filing of charges and transmittal of evidence to the proper court and which have to be clarified in the Implementing Rules and Regulation that may be issued by the DDB and the PDEA later.A.) Submit an annual and periodic report to the Board as may be required form time to time. bureau. PRELIMINARY INVESTIGATION OF DANGEROUS DRUG CASES The preliminary investigation of cases filed under this Act shall be terminated within the period of thirty (30) days from the date of their filing When the preliminary investigation is conducted by a public prosecutor and probable cause is . Provided. in coordination with the Board. Note: There are however certain power and duties of the PDEA enumerated under Section 84 of R. wherein members of the said unit shall possess suitable and adequate firearms for their protection in connection with the performance of their duties. office. which may include the use of their respective personnel. doctors. about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and information purposes. dentists and other practitioners to submit a report to it. file charges and transmit evidence to the proper court. and resources for a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers. p. The number of courts designated in each judicial region shall be based in their respective jurisdiction. where it may enlist the assistance of any department. or instrumentality of the government. 9165 which seems to overlap with the functions of prosecutors such as (1) the preparation for prosecution or the causing of the filing of appropriate criminal cases for violation of the Law. clinics. The DOJ shall designate special prosecutor to exclusively handle cases involving violations of this Act. JURISDICTION OVER DRUG RELATED CASES The Supreme Court shall designate special court from among the existing Regional Trial Court in each judicial region to exclusively try and hear cases involving violations of this Act. including government-owned and/or controlled corporations.) Create and maintain an efficient special enforcement unit to conduct an investigation. o. and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned. in the anti-illegal drugs drive. q.) Require all government and private hospitals. facilities. rules and regulations for the proper implementation of this Act. agency.n.) Coordinate with the Board for the facilitation of the issuance of necessary guidelines.) Initiate and undertake a national campaign for drug prevention and drug control programs. and r. That no previous special permit for such possession shall be required.
trading. unless they are the property of a third person not liable for the unlawful act. If the preliminary investigation is conducted by a judge and a probable cause is found to exist. alienated or transferred and the same shall be in custodio legis and no bond shall be admitted for the release of the same. including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals Every penalty imposed for the unlawful importation. forfeiture. administration. shall carry with it the confiscation and forfeiture. dispensation. no property. of all the proceeds and properties derived from unlawful act. and the application of the penalty provided for in the Revised Penal Code shall be applicable (Sec. distribution. Provided. the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. During the pendency of the case in the Regional Trial Court. delivery. but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act. shall be disposed.established. the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income. 90) Notwithstanding the provision of any law to the contrary. sale. however. apparatus and other paraphernalia for dangerous drugs including other laboratory equipment. (Sec. the cultivation or culture of plants which are sources of dangerous drugs. After conviction in the Regional Trial Court in the appropriate criminal case filed. custody and maintenance of the property pending disposition. the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case. a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. or income derived thereform. That if the forfeited property is a vehicle. as well as the expense for publication and court costs. but not limited to. money and other assets obtained thereby. transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical. including. 25) Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act. instrument. in favor of the government. The proceeds of any sale or disposition of any property confiscated under this section. the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. 90) The Department of Justice shall designate special prosecutors to exclusively handle cases involving violations of the Dangerous Drug Act of 2002 (Sec. and the possession of any equipment. . The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs. and the instruments or tools with which the particular unlawful act was committed. which may be confiscated and forfeited.
and controlled precursors and essential chemicals does not allow the completion of testing within the time frame. as determined by the Board. conduct an ocular inspection of the confiscated. is retained. seized and/or surrendered. or his/her representative or counsel. for proper disposition in the following manner: 1. which shall be under oath by the forensic laboratory examiner. the same shall be submitted to the PDEA Forensic Laboratory for a qualitative examination. and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same.CUSTODY AND DISPOSITION OF CONFISCATED. further. SEIZED AND/OR SURRENDERED DANGEROUS DRUGS. The apprehending team having initial custody and control of the drugs shall. a partial laboratory examination report shall be provisionally by the forensic laboratory: Provided. as well as instruments/paraphernalia and/or laboratory equipment that was confiscated. controlled precursors and essential chemicals. plant sources of dangerous drugs. and controlled precursor and essential chemicals. Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs. That those item/s of lawful commerce. controlled precursors and essential chemicals. 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. the Court shall within seventy-two (72) hours. The Board shall then issue a sworn statement as to the fact of destruction or burning of the subject item/s together with the representative sample/s shall be kept to a minimum quantity as determined by . or his/her representative or counsel. Provided. The PDEA shall take charge and have custody of all dangerous drugs. 3. shall be donated. immediately after seizure and confiscation. that when the volume of dangerous drugs. That a representative sample. in the presence of the accused or the person/s from which such items were confiscated and/or seized. ETC. shall be issued within twenty-four (24) hours after the receipt of the subject items/s: Provided. a representative from the media and the DOJ. 2. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender. including the instruments/paraphernalia and/or laboratory equipment. plant sources of dangerous drugs. After the filing of the criminal case. as well as instruments/paraphernalia and/or laboratory equipment. Provided. duly weighed and recorded. a representative from the media and the Department of Justice (DOJ) and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof. seized and/or surrendered dangerous drugs. A certification of the forensic laboratory examination results. 5. that a final certification on the same within the next twenty-four (24) hours. plant sources of dangerous drugs. 4. however. used or recycled for legitimate purposes. civil society group and any elected public official.
the Board. or of the Dangerous Drugs Act of 1972. the Secretary of Justice shall appoint a member of the public attorney s office to represent the former. and c. dangerous drugs defined herein which are presently in possession of law enforcement agencies shall.) Within twenty-four hours from the effectivity of this Act (R. After the promulgation of judgment in the criminal case wherein the representative sample/s was presented as evidence in court. be burned or destroyed.) He/She has not been previously committed to a Center or to the care of a DOH-accredited physician. the custody. 7. or of the Revised Penal Code. The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. with leave of court. Art. 6. DOJ. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual or destruction of the evidence in question. 2. b. disposition. 9165). as amended. in the presence of representative of the Court. Transitory Provision: a. shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-foru (24) hours from receipt of the same.A. and 8.) He/She has not been previously convicted of violating any provision of this Act.A. 9165 but not more that eighteen (18) years of age at the time when the judgment should have been promulgated after having been found guilty of said offense. may be given the benefits of a suspended sentence. PRIVILEGE OF SUSPENDED SENTENCE CAN BE AVAIL ONLY ONCE BY A FIRST-TIME MINOR OFFENDER The privilege of suspended sentence shall be availed of only once by accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should . R. subject to the following conditions: a. Department of Health (DOH) and the accused and/or his/her counsel. and b. 21.) The Board favorably recommends that his/her sentence be suspended. the trial prosecutor shall inform the Board of the final termination of the case and in turn. or any special penal laws. and burning of seized or surrendered dangerous drugs provided under this Section shall be implemented by the DOH (Sec.) Pending the organization of the PDEA.A. 9165) SUSPENSION OF SENTENCE OF FIRST-TIME MINOR OFFENDER An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of R.
68) PROMULAGATION OF SENTENCE FOR FIRST-TIME OFFENDER If the accused first-time minor offender violates any of the conditions of his/her suspended sentence. or impose community service in lieu of imprisonment. 69) PROBATION OR COMMUNITY SERVICE FOR A FIRST-TIME MINOR OFFENDER IN LIEU OF IMPRISONMENT Upon promulgation of the sentence. place the accused under probation. whereupon the court shall issue such an order. to appear as a witness for the prosecution in any proceedings. Upon compliance with the conditions of the probation. (Sec. (Sec. In case of probation. 70) WHAT ARE THE LIABILITY AND RESPONSIBILITY OF A MEMBER OF LAW ENFORCEMENT AGENCIES AND OTHER GOVERNMENT OFFICIALS IN TESTIFYING AS PROSECUTION WITNESSES IN DANGEROUS DRUG CASES? Any member of law enforcement agencies or any other government official and employee who. The court in its discretion may require extension of the community service or order a final discharge. after due notice.have been promulgated. ( Sec. including the rules and regulations of the Center should confinement be required. the period spent in the Center by the accused shall be deducted from the sentence to be served. without any valid reason shall be punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not . the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. If the sentence promulgated by the court require imprisonment. fails or refuse intentionally or negligently. the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. in its discretion. The community service shall be complied with under conditions. even if the sentence provided under this Act is higher than that provided under existing law on probation. the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him. Thereafter. involving violation of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. the court may. the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer. time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. the Board shall render a report on the manner of compliance of said community service.
000. 71) LIABILITY OF A PERSON WHO VIUOLATES .000. shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the pertinent provision of the Revised Penal Code. However.00).00) but not more than Fifty thousand (P50. (Sec.00) and in addition. in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.000. that his/her immediate superior shall notify the court where the case is pending of the order to transfer or re-assign. The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than ten thousand (P10. should he/she fails to notify the court of such order to transfer or re-assign. who through patent laxity. inexcusable neglect.000. within twenty-four (24) hours from its approval: Provided further.00) but not more than Fifty thousand pesos (P50. that his/her immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1)day but not more than six (6) years and a fine of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand (P10. perpetual absolute disqualification from public office.less than Five hundred thousand pesos (P500. RECORDS TO BE KEPT BY THE DEPARTMENT OF JUSTICE The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a firsttime offender.000. DELAY ANF BUNGLING IN THE PROSECUTION OF DRUG CASES Any government officer employee tasked with the prosecution of drug-related cases under this Act. perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned the former does not exert reasonable effort to present the latter to the court The member of the law enforcement agency or any other government employee mentioned in the proceeding paragraphs shall not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases. the concerned member of the law enforcement agency or government employee may be transferred or re-assigned for compelling reason: Provided.00) and in addition.
the guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of the person confined. may be cited in contempt by the court. without valid reason. except in the case of minor offenders. The maximum penalty shall be imposed. COST-SHARING IN THE TREATMENT AND REHABILITATION OF A DRUG DEFENDENT The parents. SPOUSE OR GUARDIAN WHO REFUSE TO COOPERATE WITH THE BOARD OR ANY CONCERNED AGENCY Any parent.00) to Six thousand pesos (P6. Should the records be used for unlawful purposes. Where the offender is a minor. refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug defendant who is a minor. the provisions of the Revised Penal Code (Act.THE CONFIDENTIALITY OF RECORDS The Penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1. spouse or guardian who. having official custody of or access to the confidential records of any drug dependent under voluntary submission programs. or in any manner. whether lawfully or not. spouse or guardian who. 98) . whether under voluntary submission program or compulsory submission program. 74) LIMITED APPLICABILITY OF THE REVISED PENAL CODE Notwithstanding any law. or any one who. The guidelines therein formulated shall be implemented by a social worker of the local government unit. the penalty for acts punishable by life imprisonment to death provided therein shall be reclusion perpetua to death. having gained possession of said records.00). prevents or delay the after-care. spouse. 3814) as amended. guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation.000. shall be imposed upon any person who. (Sec. (Sec. reveals their content to any person other than those charged with the prosecution of the offense under this Act and its implementation. 72) LIABILITY OF A PARENTS. the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she convicted of. (Sec. follow-up or other programs for the welfare of the accused drug defendant. such as blackmail of the drug defendant of the members of his/her family.000. in addition to the absolute perpetual disqualification from any public office. rule or regulation to the contrary. without valid reason parent. shall not apply to the provision of this Act. when the offender is a government official or employee.
An officer making an arrest may take from the person arrested any money or property found upon his person which was used in the commission of the crime or was in fruit of the crime or which might furnish the prisoner with the means of committing violence or of escaping. GR 97949. informants are generally not presumed in court because of the need to hide their identity and preserve their invaluable service to the police. Girang. the evidence adduced must be clear and convincing. FRAME UP IS EASY TO FABRICATE. GR 96177. GR 107327.EXCEPTION TO NECESSITY OF A SEARCH WARRANT There is no doubt that the warrantless search incidental to a lawful arrest authorizes the arresting officer to make a search upon the person arrested. Musa. (People v. Moreover. 8/5/94) POSEUR-BUYER. 2/1/95) BUY-BUST OPERATION Is a form of entrapment employed by peace officers as an effective way of apprehending a criminal in the act of the commission of the offense. In order for that defense to prosper. Basilgo. Entrapment has received judicial sanction as long as it is carried out with due regard to constitutional and legal safeguards. GR 27949. Girang. BUT DIFFICULT TO PROVE Frame-up. which may be used as evidence in the trial of the case. (People v. is a defense that has been viewed by courts with disfavor for it can just as easily be connected and is a common and standard line of defense in most prosecution arising from violations of the Dangerous Drugs Act. 2/1/95) . (People v. (People v. 1/27/93) LIKE ALIBI. like alibi. GENERALLY NEED NOT TESTIFY The testimony of the poseur-buyer or of the confidential informant is no longer material considering that accused-appellant s drug pushing was positively attested to.
to an accused during the pendency of his appeal from his conviction by the trial court. July 10. whether full or conditional. it smelled of marijuana. The NBI later confirmed the eight (8) bundles to be positive for marijuana. VII OF THE CONSTITUTION ON GRANT OF PARDON The "conviction by final judgment" limitation under Section 19. 1998) WHEN THERE IS A WAIVER OF WARRANTLESS ARREST The appellants are now precluded from assailing the warrantless search and seizure when they voluntarily submitted to it as shown by their actuation during the search and seizure. the prosecutor is tasked to ascertain whether there is sufficient ground to engender a well-founded belief that an offense has been committed and that the accused is probably guilty thereof. those in custody of the accused must not solely rely on the pardon as a basis for the release of the accused from confinement. Maquilan) RULE AS TO WHO SHOULD BE CRIMINALLY CHARGED The settled rule is that the determination of who should be criminally charged in court is essentially an executive function. he is . as the case may be The acceptance of the pardon shall not operate as an abandonment or waiver of the appeal. The appellants never protested when SPO3 Jesus Faller. together with their cargo of drugs and their vehicle. after identifying himself as a police officer. ART. (People v. As the officer authorized to direct and control the prosecution of all criminal actions. and the release of an accused by virtue of a pardon. not a judicial one. (People v.EFFECT OF LIMITATION UNDER SECTION 19. Esparas. GR 120034. Any application therefor. should not be acted upon or the process toward its grant should not be begun unless the appeal is withdrawn. Again. if one is made. Accordingly. the agencies or instrumentalities of the Government concerned must require proof from the accused that he has not appealed from his conviction or that he has withdrawn his appeal Such proof may be in the form of a certification issued by the trial court or the appellate court. were brought to the police station for investigation and subsequent prosecution. opened the tin can loaded in the appellants' vehicle and found eight (8) bundles. We have ruled in a long line of cases that: "When one voluntarily submits to a search or consents to have it made on his person or premises. And when Faller opened one of the bundles. the appellants did not raise any protest when they. Article VII of the present Constitution prohibits the grant of pardon. commutation of sentence. or parole before the withdrawal of an appeal shall render those responsible therefor administratively liable Accordingly.
Correa) CASES WHEN WARRANTLESS SEARCH IS ALLOWED 1. (c) the evidence must be immediately apparent. Constitutional Limitations. Seizure of evidence in "plain view. (b) the evidence was inadvertently discovered by the police who had the right to be where they are. 30. vol. Highly regulated by the government. Jan. Warrantless search incidental to a lawful arrest recognized under Section 12.. 2. That a motor vehicle was used in committing the crime is merely incidental to the act of transporting prohibited drugs. Customs search. 4. 8th ed. when they entered a plea of not guilty upon arraignment and by participating in the trial. The right to be secure from unreasonable search may. 3. hence. be waived and such waiver may be made either expressly or impliedly. Search of a moving vehicle. 5. Article II of Republic Act No. I. GR 119246. (People v. 98) WHEN USE OF MOTOR VEHICLE IN DRUG CASES OR ANY OTHER CASE IS NOT AGGRAVATING Simply stated. and (d) "plain view" justified mere seizure of evidence without further search. as amended. The use of a motor vehicle is inherent in the crime of transporting as it must of necessity accompany the commission thereof. punishable under Section 4. (People v. Rule 126 of the Rules of Court and by prevailing jurisprudence. the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity. Correa. such use is not an aggravating circumstance." the elements of which are: (a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties. the motor vehicle which was used to transport prohibited drugs was not purposely sought to facilitate the commission of the crime since such act of transporting constitutes the crime itself. page 631). 6425. like every right.precluded from later complaining thereof (Cooley. ." The appellants effectively waived their constitutional right against the search and seizure in question by their voluntary submission to the jurisdiction of the trial court. Consented warrantless search.
They likewise had probable cause to search accused-appellant's belongings since she fitted the description given by the NARCOM informant. a legally accepted exception to the warrant requirement. to deprive the agents of the ability and facility to act promptly. The Court held that in light of such circumstances. He acceded later on when the policemen identified themselves. Apr. there is no single indication that Aruta was acting suspiciously. Tangliben was acting suspiciously. Moreover. Bagista. Benguet in view of the confidential information they received from their regular informant that a woman having the same appearance as that of accused-appellant would be bringing marijuana from up north. Exigent and Emergency Circumstances. 13. Inside the bag were marijuana leaves wrapped in a plastic wrapper. Malmstedt. the police officers had reasonable time within which to secure a search warrant. Aruta was not acting suspiciously. Tangliben. Malmstedt was searched aboard a moving vehicle. There was no reasonable time to obtain a search warrant. would be to sanction impotence and ineffectiveness in law enforcement. the glaring differences of Malmstedt to the instant case. Second. (People v. In instant case. Menguin. the policemen knew that the Victory Liner compound is being used by drug traffickers as their "business address". the NARCOM officers had probable cause to stop and search all vehicles coming from the north to Acop. 98) CASES WHEN SEARCH WITHOUT A WARRANT WAS VALID In People v. His actuations and surrounding circumstances led the policemen to reasonably suspect that Tangliben is committing a crime. They likewise received information that a Caucasian coming from Sagada had prohibited drugs on his person. however. police officers conducted a surveillance at the Victory Liner Terminal compound in San Fernando. Note. Tublay. acting on information supplied by informers. the policemen noticed a person carrying a red travelling bag who was acting suspiciously. Fourth.6. Third. Pampanga against persons who may commit misdemeanors and also on those who may be engaging in the traffic of dangerous drugs. In instant case. More significantly. They confronted him and requested him to open his bag but he refused. on the other hand. Since there was a valid . GR 120915. and 7. Aruta's identity was priorly ascertained. the apprehending officers already had prior knowledge from their informant regarding Aruta's alleged activities. In People v. The police officers only knew of the activities of Tangliben on the night of his arrest. to the detriment of society. His actuations also aroused the suspicion of the officers conducting the operation. At 9:30 in the evening. Stop and Frisk. In present case. Aruta. especially since the identity of the suspect could not be readily ascertained. including a search without a warrant. the Narcom agents received reports that vehicles coming from Sagada were transporting marijuana. In Tangliben policemen were confronted with an on-the-spot tip. In People v. was searched while about to cross a street.
This Court held that in accordance with Administrative Circular No. any evidence obtained in the course of said search is admissible against accused-appellant. it contained marijuana. they proceeded to apprehend Aminnudin. Court of Appeals. this is another indication of the paucity of probable cause that would sufficiently provoke a suspicion that accused-appellant was committing a crime. the lawmen could have applied for a warrant even after court hours. He was observed to have reddish eyes and to be walking in a swaying manner. When he showed his wallet. to justify the issuance of a warrant.warrantless search by the NARCOM agents. In the instant case. To reiterate. Aminnudin where the police received information two days before the arrival of Aminnudin that the latter would be arriving from Iloilo on board the M/V Wilcon 9. applied the stop and frisk principle which has been adopted in Posadas v. The Court held that the policemen had sufficient reason to accost accused-appellant to determine if he was actually "high" on drugs due to his suspicious actuations. 19. Another recent case is People v. When approached and asked what he was holding in his hands. hence any item seized from Aminnudin could not be used against him. accused-appellant never attempted to flee from the NARCOM agents when the latter identified themselves as such. the policemen conducted a surveillance in an area of the Kalookan Cemetery based on information that drug addicts were roaming therein. Solayao. this case differs from Aruta as this involves a search of a moving vehicle plus the fact that the police officers erected a checkpoint. People v. the police could have persuaded a judge that there was probable cause. The failure or neglect to secure one cannot serve as an excuse for violating Encinada's constitutional right. 13 and Circular No. His name was known. there was no observable manifestation that could have aroused the suspicion of the NARCOM agents as to cause them to "stop and frisk" accused-appellant. This intelligence information regarding the culprit's identity. he appeared to be trying to avoid the policemen. series of 1987. In Manalili v. the vehicle was identified and the date of arrival was certain. Again. Both are exceptions to the requirements of a search warrant. Court of Appeals and People. Moreover. This Court cannot agree with the Solicitor General's contention for the Malasugui case is inapplicable to . Instead of securing a warrant first. he tried to resist. the particular crime he allegedly committed and his exact whereabouts could have been a basis of probable cause for the lawmen to secure a warrant. coupled with the fact that based on information. Clearly. When the case was brought before this Court. the arrest was held to be illegal. Unlike in the abovementioned cases. From the information they had received. this area was a haven for drug addicts. Encinada where the police likewise received confidential information the day before at 4:00 in the afternoon from their informant that Encinada would be bringing in marijuana from Cebu City on board M/V Sweet Pearl at 7:00 in the morning of the following day. indeed. This case is similar to People v. Upon reaching the place. In said case. Solayao attempted to flee when he and his companions were accosted by government agents. they chanced upon a man in front of the cemetery who appeared to be "high" on drugs. accused-appellant was merely crossing the street when apprehended.
as clearly illustrated by the evidence on record. Encinada. The constitutional guarantee against unreasonable search and seizure must perforce operate in favor of accused-appellant. pursuant to Article III. there was probable cause for the warrantless arrest thereby making the warrantless search effected immediately thereafter equally lawful. (People v. it logically follows that the subsequent search was similarly illegal. there was no legal basis for the NARCOM agents to effect a warrantless search of accused-appellant's bag. the act of herein accused-appellant in handing over her bag to the NARCOM agents could not be construed as voluntary submission or an implied acquiescence to the unreasonable search. therefore. Thus. As such. Menguin) WHEN SEARCH IS NOT VALID Accused-appellant Aruta cannot be said to be committing a crime. is wanting in the instant case making the warrantless arrest unjustified and illegal. the arrest being incipiently illegal. It was only when the informant pointed to accused-appellant and identified her to the agents as the carrier of the marijuana that she was singled out as the suspect. the most essential element of probable cause. Menguin) WHEN SEARCH IS NOT . as expounded above in detail. Stated otherwise. On the contrary. Neither was she about to commit one nor had she just committed a crime. the articles seized could not be used as evidence against accused-appellant for these are "fruits of a poisoned tree" and. 3(2) of the Constitution. Neither was there any semblance of any compliance with the rigid requirements of probable cause and warrantless arrests. Sec. there being no probable cause and the accused-appellant not having been lawfully arrested.the instant case. This the Court could neither sanction nor tolerate as it is a clear violation of the constitutional guarantee against unreasonable search and seizure. (People v. Accordingly. except for the pointing finger of the informant. there was no reason whatsoever for them to suspect that accused-appellant was committing a crime. Accused-appellant was merely crossing the street and was not acting in any manner that would engender a reasonable ground for the NARCOM agents to suspect and conclude that she was committing a crime. In said case. Menguin) WHEN VOLUNTARY SUBMISSION TO SEARCH IS INAPPLICABLE Aside from the inapplicability of the abovecited case. The NARCOM agents would not have apprehended accused-appellant were it not for the furtive finger of the informant because. The instant case is similar to People v. (People v. all the articles seized from the accused-appellant could not be used as evidence against her. it being not incidental to a lawful arrest. must be rejected. Consequently. the search which accompanied the warrantless arrest was likewise unjustified and illegal.
Hence. On the contrary. the trial court correctly ignored it apparently in view of its inadmissibility. or a stop and frisk. After conducting the surveillance and determining the existence of probable cause for arresting accusedappellants. G. it indicates that the apprehending officers should have conducted first a surveillance considering that the identities and address of the suspected culprits were already ascertained..A. this Court held: "As regards the brick of marijuana found inside the appellant's house. April 1. GR 120431. No. In the case at bar. it can hardly be said that the inner portion of his house was within his reach or control. 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. as used under the Dangerous Drugs Act to mean "to carry or convey from one place to another" . the Court defined the term "transport". While initially the arrest as well as the body search was lawful.ZENAIDA BOLASA Y NAKOBOAN.ALLOWED AFTER AN ARREST IS MADE In the case of People v. the accompanying search was likewise illegal. The arrest being illegal ab initio.R. the warrantless search made inside the appellant's house became unlawful since the police operatives were not armed with a search warrant. (Espano v. their acquittal must follow in faithful obeisance to the fundamental law. Latura) WHEN POLICE OFFICERS INTENTIONALLY PEEPED THRU A WINDOW THEN WENT INSIDE AND ARRESTED THOSE INSIDE WHO ARE PACKING MARIJUANA. a customs search. Such search cannot fall under "search made incidental to a lawful arrest. for the evidence at hand is bereft of any such showing. C. THE SAME IS ILLEGAL The police officers intentionally peeped first through the window before they saw and ascertained the activities of accused-appellants inside the room. (People v. the operative words being "to carry or to convey". appellant was admittedly outside his house when he was arrested." the same being limited to body search and to that point within reach or control of the person arrested.. or that which may furnish him with the means of committing violence or of escaping. hence. they should have secured a search warrant prior to effecting a valid arrest and seizure. it cannot even fall under exigent and emergency circumstances. ET AL. a consented warrantless search. (PP -vs. the search cannot be categorized as a search of a moving vehicle. Lua. In like manner. 98) MEANING OF TO TRANSPORT IN DRUG CASES In People vs. Every evidence thus obtained during the illegal search cannot be used against accused-appellants. Lo Ho Wing. .
papers or effects of any individual. Alberto Pasudag) . quick solutions of crimes and apprehension of malefactors do not justify a callous disregard of the Bill of Rights . house. xxx Lawmen cannot be allowed to violate the very law they are expected to enforce. We need not underscore that the protection against illegal search and seizures is constitutionally mandated and only under specific instances are seizures allowed without warrants. Dec. 1999) SEARCH AND SEIZURE WITHOUT THE REQUISITE JUDICIAL WARRANT IS ILLEGAL AND VOID AB INITIO As a general rule. The Court is not unmindful of the difficulties of law enforcement agencies in suppressing the illegal traffic of dangerous drugs. In People v. However. In this case. the court ruled that search and seizure conducted without the requisite judicial warrant is illegal and void ab initio. There was no showing of urgency or necessity for the warrantless search. the procurement of a search warrant is required before law enforcer may validly search or seize the person. the prosecution s evidence clearly established that the police conducted a search of accused s backyard garden without warrant. 22. Valdez. they had sufficient time to obtain a search warrant. (People vs.125754. or the immediate seizure of the marijuana plants. they failed to secure one.
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