Pa Print1
Pa Print1
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 193661
Appellant contends that the trial court, in convicting him of the crime of
illegal sale of shabu, erred in giving full weight and credence to the
prosecution's testimony notwithstanding its material and glaring
inconsistencies. He particularly claims that the conduct of a
surveillance and test-buy operation by the buy-bust team is crucial to
his conviction. He further asserts the alleged variations as to how the
actual transaction of sale took place as narrated in the joint affidavits of
arrest and as testified to in open court by PO2 Renato Ibaez (PO2
Ibaez). Thus, appellant insists that the presentation of the confidential
informant is necessary in this case. Appellant also questions the
propriety of conducting a buy-bust operation by the apprehending
police officers against him.
We find appellant's contentions not sustainable and are indeed utterly
untenable.
The prosecution presented as witnesses PO2 Ibaez and PO3
Atanacio Allauigan (PO3 Allauigan) of the District Anti-Illegal DrugsSpecial Operations Task Force (DAID-SOTF), Fort Bonifacio, Taguig
City.
PO2 Ibaez declared that on March 23, 2007, a confidential informant
arrived at the Southern Police District Office in Fort Bonifacio, Taguig
City. The informant told him of the drug pushing activities of one Ryan
Blanco y Sankula, accused-appellant at Sitio Uno, Western Bicutan,
Taguig City. PO2 Ibaez immediately informed their Team Leader,
Senior Inspector Edward Quijano. Immediately, a buy-bust operation
was planned. After coordinating with the Philippine Drug Enforcement
Agency (PDEA), the team prepared a plan whereby PO2 Ibaez was to
act as poseur-buyer. He was given a Php100.00 bill as marked money.
At 5:10 p.m. of that day, the buy-bust team arrived at the target area
and saw accused-appellant by the railroad tracks. He and the
informant approached and asked the accused-appellant if they could
buy "shabu" worth "isang piso lang", meaning Php100.00. As he
handed the marked money, accused-appellant took out his purse and
got one (1) plastic sachet, which he handed to the police poseur-buyer.
At that juncture, PO2 Ibaez took the construction helmet off his head
as the pre-arranged signal to his teammates that the transaction was
completed. PO3 Allauigan was first to approach and assisted him in
arresting and handcuffing accused-appellant. Aside from the sachet
subject of the buy-bust, he also confiscated the purse in the
possession of accused-appellant and recovered six (6) more sachets
of "shabu", and the Php100.00 buy-bust money.
All the seized items were promptly marked with the initials of the
accused-appellant who was then brought to the police station for
booking, and where the request for laboratory examination and the
affidavits of arrest were prepared. With their request, they then turned
over the items to the crime laboratory, which later confirmed that the
substances in the sachets turned positive for methylamphetamine
hydrochloride, otherwise known as shabu.
PO3 Allauigan, in his testimony, disclosed that on March 23, 2007 they
were tasked to conduct an anti-illegal drug operation on accusedappellant Blanco at Railroad Gate 3, Sitio Malangaw, Western Bicutan,
Taguig City. He was designated as the immediate back-up of poseurbuyer PO2 Ibaez. In preparation for their operation, he, PO2 Ibaez
and the confidential informant conducted a surveillance or casing of
the target area. At around 5:10 in the afternoon, they arrived at the
target area. They parked their vehicle and walked towards the railroad
tracks. The team strategically positioned themselves with him being
more or less 20 to 30 meters away from PO2 Ibaez and accusedappellant Blanco. He then saw the two talk for about 10 to 15 minutes
after which he saw PO2 Ibaez give something to accused-appellant
Blanco and the latter thereafter gave a plastic sachet to the said
officer. When the pre-arranged signal was given by PO2 Ibaez, he
immediately rushed to the scene and saw PO2 Ibaez confiscate the
marked bill. He handcuffed accused-appellant Blanco and he brought
the latter to their office. He confirmed that accused-appellant Blanco
was the person they arrested in a buy-bust operation. He also
identified the affidavit of arrest he executed in connection therewith.
Upon being cross-examined, he admitted that from his position during
the transaction between PO2 Ibaez and accused-appellant Blanco, he
could not clearly see what was handed over by the said officer. He also
claimed that he merely saw a plastic sachet being given by accusedappellant to PO2 Ibaez.
Accused-appellant Blanco denied the charges against him. According
to him, at around 11:00 in the evening of March 23, 2007, he and his
wife were segregating cartons, newspapers and bottles at the railroad
tracks near his house when suddently two (2) persons, a female and a
male, ran in front of them. After several minutes, five (5) armed men
came with their guns pointed at him and his wife. He was asked not to
move and to point to the person who was selling shabu in their area. In
reply thereto, he told the armed men that he does not know any such
person as he is merely a junk trader. The armed men then handcuffed
him and brought him and his wife to a vehicle. He then saw inside the
vehicle two (2) men and a woman also in handcuffs. They were then
brought to the Southern Police District Police Station at Fort Bonifacio
where a police officer with the name Sanchez in his name plate told
him that to be set free he must name somebody in their place who was
selling shabu. When he informed the said officer that he does not know
anyone involved in illegal drugs in their area, he was asked who
between him and his wife will be detained. As his wife was then 2
months pregnant, he offered himself to be detained instead. He
testified further that he was never shown any illegal drugs that the
arresting officers claimed he allegedly sold. He admitted that he did not
ask why he had to be detained and that he does not personally know
the persons who arrested him prior to the incident.
For the prosecution of illegal sale of drugs to prosper, the following
elements must be proved: (1) the identity of the buyer and seller, the
object, and the consideration; and (2) the delivery of the thing sold and
its payment. What is material is the proof that the transaction actually
took place, coupled with the presentation before the court of the
prohibited or regulated drug or the corpus delicti4.
The prosecution duly established the identity of accused-appellant as a
drug seller or pusher, through the testimonies of PO2 Ibaez, the
poseur-buyer, and PO3 Allauigan, as back-up officer. PO2 Ibaez
testified that it was to accused-appellant that he handed the marked
Php100.00 bill for the shabu that he bought on March 23, 2007; and
that accused-appellant was the one who took out of his coin purse a
plastic sachet containing shabu. Both PO2 Ibaez and PO3 Allauigan
identified accused-appellant as the one they arrested during the buybust operation.
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
ARTURO D. BRION
Associate Justice
ESTELA M. PERLAS-BERNABE
Associate Justice
ATTE S TATI O N
I attest that the conclusions in the above Resolution had been reached
in consultation before the case was assigned to the writer of the
opinion of the Courts Division.
ANTONIO T. CARPIO
Associate Justice
Second Division, Chairperson
C E R T I F I C AT I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairperson's attesting, I certify that the conclusions in the above
Resolution had been reached in consultation before the case was
assigned to the writer of the opinion of the Court's Division.
MARIA LOURDES P. A. SERENO
Chief Justice
Footnotes
1
People vs. Lorui Catalan, G.R. No. 189330, Nov. 28, 2012;
People vs Mantaleba, G.R.186227, July 20, 2011, 654 SCRA
188; People v. Cruz, G.R. 187047, June 15, 2011, 652 SCRA
286; People v. De la Cruz, G.R. 177324, March 30, 2011, 67
SCRA 707; People v. Presas, G.R. 182525, March 2, 2011;
644 SCRA 443; People v. Agulay, G.R, 181747, September
26, 2008, 566 SCRA 571.
5
Indeed in the instant case, all the elements constituting the illegal sale
of dangerous drug are present.1wphi1 The sale of shabu was
consummated. The alleged inconsistencies in the testimonies of the
prosecution witnesses are mere minor matters, which do not detract
from the fact that a buy-bust operation was conducted.
Inconsistencies in the testimonies of prosecution witnesses with
respect to minor details and collateral matters do not affect the
substance of their declaration, its veracity or the weight of their
testimonies.5
The non- presentation of the confidential informant is not fatal to the
prosecution. lnformants are usually not presented in court because of
the need to hide their identity and maintain their valuable service to the
police.6
WHEREFORE, the appeal is DISMISSED and the Decision of the
Court of Appeals dated May 24, 2010 in CA-G.R. CR No. 03624 is
AFFIRMED.
SO ORDERED.
JOSE PORTUGAL PEREZ
Associate Justice
ANTONIO T. CARPIO
Associate Justice
Chairperson
C E R T I F I C AT I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairperson's Attestation, I certify that the conclusions in the above
Resolution had been reached in consultation before the case was
assigned to the writer of the opinion of the Court's Division.
MARIA LOURDES P.A. SERENO
Chief Justice
Footnotes
* Per Special Order No. 1910 dated January 12, 2015.
1
Id. at 91.
June 7, 2002
SO ORDERED.
MARIANO C. DEL CASTILLO
Associate Justice
Section 1. Short Title. This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002".
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
PRESBITERO J. VELASCO,
JR.*
Associate Justice
(o) 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.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall
mean:
(a) Administer. Any act of introducing any dangerous drug into the
body of any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous
drug to himself/herself unless administered by a duly licensed
practitioner for purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77,
Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 34, Article VIII of this Act.
(d) 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.
(e) Clandestine Laboratory. Any facility used for the illegal
manufacture of any dangerous drug and/or controlled precursor and
essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or
equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test.
(g) 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 an authorized officer, with a view to gathering evidence
to identify any person involved in any dangerous drugs related offense,
or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include 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.
(i) Cultivate or Culture. Any act of knowingly planting, growing,
raising, or permitting the planting, growing or raising of any plant which
is the source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed
to the 1961 Single Convention on Narcotic Drugs, as amended by the
1972 Protocol, and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with or without
consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine
or any dangerous drug with or without the use of prescription.
(n) 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.
The penalty 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) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The
penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of
the nature of the place as such; and
(b) Any person who, not being included in the provisions of
the next preceding, paragraph, is aware of the nature of the
place as such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and
essential chemical.
The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima
facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is
undertaken or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted
in the presence or with the help of minor/s:
(1) year and one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon 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.
An additional penalty shall be imposed through the revocation of the
license to practice his/her profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller, importer, distributor, dealer
or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. The
penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with
recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. The penalty
of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law,
shall make or issue a prescription or any other writing purporting to be
a prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, 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, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous
drug and/or controlled precursor and essential chemical, the cultivation
or culture of plants which are sources of dangerous drugs, and the
possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory
equipment, shall carry with it the confiscation and forfeiture, in favor of
the government, of all the proceeds and properties derived from the
unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular
unlawful act was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without delay pursuant to the
provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal
case filed, 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: Provided,
however, That if the forfeited property is a vehicle, 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, no
property, or income derived therefrom, which may be confiscated and
forfeited, shall be disposed, alienated or transferred and the same shall
be in custodia legis and no bond shall be admitted for the release of
the same.
The proceeds of any sale or disposition of any property confiscated or
forfeited under this Section shall be used to pay all proper expenses
incurred in the proceedings for the confiscation, forfeiture, custody and
maintenance of the property pending disposition, as well as expenses
for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against
illegal drugs.
Section 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
be exempt from the criminal liability under Section 15 of this act subject
to the following conditions:
(1) He/she has complied with the rules and regulations of the
center, the applicable rules and regulations of the Board,
including the after-care and follow-up program for at least
eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the
after-care program and follow-up schedule formulated by the
DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall
be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any
offense punishable under this Act, the Dangerous Drugs Act
of 1972 or Republic Act No. 6425, as amended; the Revised
Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided,
That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse, guardian
or relative within the fourth degree of consanguinity or
affinity, within one (1) week from the date of the said escape;
and
(4) He/she poses no serious danger to himself/herself,
his/her family or the community by his/her exemption from
criminal liability.
Section 56. Temporary Release From the Center; After-Care and
Follow-Up Treatment Under the Voluntary Submission Program.
Upon certification of the Center that the drug dependent within the
voluntary submission program may be temporarily released, the Court
shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including
urine testing, for a period not exceeding eighteen (18) months under
such terms and conditions that the Court may impose.
If during the period of after-care and follow-up, the drug dependent is
certified to be rehabilitated, he/she may be discharged by the Court,
subject to the provisions of Section 55 of this Act, without prejudice to
the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and
follow-up program of eighteen (18) months, the drug dependent
requires further treatment and rehabilitation in the Center, he/she shall
be recommitted to the Center for confinement. Thereafter, he/she may
again be certified for temporary release and ordered released for
another after-care and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary
Submission Program. A drug dependent who is discharged as
rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal
liability under Section 55 of this Act, may be charged under the
provisions of this Act, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion
of the court, without prejudice to the outcome of any pending case filed
in court.
Such drug dependent shall undergo community service as part of
his/her after-care and follow-up program, which may be done in
coordination with nongovernmental civil organizations accredited by
the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated Under the Voluntary Submission Program. A drug
dependent, who is not rehabilitated after the second commitment to the
Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of
this Act and prosecuted like any other offender. If convicted, he/she
shall be credited for the period of confinement and rehabilitation in the
Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and
Rehabilitation Under the Voluntary Submission Program. Should a
drug dependent under the voluntary submission program escape from
the Center, he/she may submit himself/herself for recommitment within
one (1) week therefrom, or his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity may, within said
period, surrender him for recommitment, in which case the
corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered
after one (1) week, the Board shall apply to the court for a
recommitment order upon proof of previous commitment or his/her
voluntary submission by the Board, the court may issue an order for
recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes
from confinement, he/she shall be charged for violation of Section 15 of
this Act and he subjected under section 61 of this Act, either upon
order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary
Submission Program. Judicial and medical records of drug
dependents under the voluntary submission program shall be
confidential and shall not be used against him for any purpose, except
to determine how many times, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted himself/herself for
confinement, treatment and rehabilitation or has been committed to a
Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who
Refuses to Apply Under the Voluntary Submission Program.
Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs
shall, upon petition by the Board or any of its authorized
representative, be confined for treatment and rehabilitation in any
Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on
dangerous drugs to a Center may be filed by any person authorized by
the Board with the Regional Trial Court of the province or city where
such person is found.
After the petition is filed, the court, by an order, shall immediately fix a
date for the hearing, and a copy of such order shall be served on the
person alleged to be dependent on dangerous drugs, and to the one
having charge of him.
If after such hearing and the facts so warrant, the court shall order the
drug dependent to be examined by two (2) physicians accredited by
the Board. If both physicians conclude that the respondent is not a
drug dependent, the court shall order his/her discharge. If either
physician finds him to be a dependent, the court shall conduct a
hearing and consider all relevant evidence which may be offered. If the
court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the
supervision of the DOH. In any event, the order of discharge or order of
confinement or commitment shall be issued not later than fifteen (15)
days from the filing of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged
with an Offense to Treatment and Rehabilitation. If a person charged
with an offense where the imposable penalty is imprisonment of less
than six (6) years and one (1) day, and is found by the prosecutor or by
the court, at any stage of the proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall suspend all further
proceedings and transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that
public interest requires that such drug dependent be committed to a
center for treatment and rehabilitation, it shall file a petition for his/her
commitment with the regional trial court of the province or city where
he/she is being investigated or tried: Provided, That where a criminal
case is pending in court, such petition shall be filed in the said court.
The court shall take judicial notice of the prior proceedings in the case
and shall proceed to hear the petition. If the court finds him to be a
drug dependent, it shall order his/her commitment to a Center for
treatment and rehabilitation. The head of said Center shall submit to
the court every four (4) months, or as often as the court may require, a
written report on the progress of the treatment. If the dependent is
rehabilitated, as certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge
therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall
be instituted or shall continue, as the case may be. In case of
conviction, the judgment shall, if the accused is certified by the
treatment and rehabilitation center to have maintained good behavior,
indicate that he/she shall be given full credit for the period he/she was
confined in the Center: Provided, however, That when the offense is for
violation of Section 15 of this Act and the accused is not a recidivist,
the penalty thereof shall be deemed to have been served in the Center
upon his/her release therefrom after certification by the Center and the
Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug
Dependent Under the Compulsory Submission Program. The period
of prescription of the offense charged against a drug dependent under
the compulsory submission program shall not run during the time that
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall
apply, without prejudice to the application of the provisions of this
Section.
Section 67. Discharge 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 regulations of the Board, including confinement in
a Center, the court, upon a favorable recommendation of the Board for
the final discharge of the accused, shall discharge the accused and
dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court
shall enter an order to expunge all official records, other than the
confidential record to be retained by the DOJ relating to the case. Such
an order, which shall be kept confidential, shall restore the accused to
his/her status prior to the case. 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
thereto in response to any inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only
Once by a First-Time Minor Offender. The privilege of suspended
sentence shall be availed of only once by an 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
have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender.
If the accused first-time minor offender violates any of the conditions of
his/her suspended sentence, the applicable rules and regulations of
the Board exercising supervision and rehabilitative surveillance over
him, including the rules and regulations of the Center should
confinement be required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other convicted
person.
Section 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment. Upon promulgation of the
sentence, the court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act is higher than
that provided under existing law on probation, or impose community
service in lieu of imprisonment. In case of probation, 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. Upon compliance with the conditions
of the probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions, 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 completion of the community service shall
be under the supervision and rehabilitative surveillance of the Board
during the period required by the court. Thereafter, the Board shall
render a report on the manner of compliance of said community
service. The court in its discretion may require extension of the
community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of
Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the
period spent in the Center by the accused during the suspended
sentence period shall be deducted from the sentence to be served.
Section 71. 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 minor offender.
Section 72. Liability of a Person Who Violates 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 (P1,000.00) to Six thousand pesos (P6,000.00), shall be
imposed upon any person who, having official custody of or access to
the confidential records of any drug dependent under voluntary
submission programs, or anyone who, having gained possession of
said records, whether lawfully or not, reveals their content to any
person other than those charged with the prosecution of the offenses
under this Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification from any
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the
policy-making and strategy-formulating body in the planning and
Narcotics Division of the NBI and other drug abuse units of the different
law enforcement agencies integrated into the PDEA in order to carry
out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and
imposed in this Act, including ten percent (10%) of all unclaimed and
forfeited sweepstakes and lotto prizes but not less than twelve million
pesos (P12,000,000.00) per year from the Philippine Charity
Sweepstakes Office (PCSO), are hereby constituted as a special
account in the general fund for the implementation of this
Act: Provided, That no amount shall be disbursed to cover the
operating expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent (50%) of all the
funds shall be reserved for assistance to government-owned and/or
operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such
fines within thirty (30) days from the finality of its decisions or orders.
The unclaimed and forfeited prizes shall be turned over to the Board by
the PCSO within thirty (30) days after these are collected and declared
forfeited.
A portion of the funds generated by the Philippine Amusement and
Gaming Corporation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and
also for the maintenance and operations of such centers: Provided,
That the said amount shall be taken from the fifty percent (50%) share
of the National Government in the income of
PAGCOR: Provided, further, That the said amount shall automatically
be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and
regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment
from various sources, domestic or foreign, for purposes related to their
functions, subject to the existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by
the Board and the PDEA. The Board shall manage the funds as it
may deem proper for the attainment of the objectives of this Act. In
addition to the periodic reports as may be required under this Act, the
Chairman of the Board shall submit to the President of the Philippines
and to the presiding officers of both houses of Congress, within fifteen
(15) days from the opening of the regular session, an annual report on
the dangerous drugs situation in the country which shall include
detailed account of the programs and projects undertaken, statistics on
crimes related to dangerous drugs, expenses incurred pursuant to the
provisions of this Act, recommended remedial legislation, if needed,
and such other relevant facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the
PDEA. All accounts and expenses of the Board and the PDEA shall
be audited by the COA or its duly authorized representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. The Supreme Court shall designate special
courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of this Act.
The number of courts designated in each judicial region shall be based
on the population and the number of cases pending in their respective
jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle
cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their
filing.
Trial of the case under this Section shall be finished by the court not
later than sixty (60) days from the date of the filing of the information.
Decision on said cases shall be rendered within a period of fifteen (15)
days from the date of submission of the case for resolution.
ARTICLE X
The Board shall also take into accord the obligations and commitments
to international treaties, conventions and agreements to which the
Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of
the public hearing of the reclassification, addition to or removal from
the list of any drug by publishing such notice in any newspaper of
general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as
follows:
(a) In case a dangerous drug is reclassified as precursors
and essential chemicals, the penalties for the violations of
this Act involving the two latter categories of drugs shall, in
case of conviction, be imposed in all pending criminal
prosecutions;
(b) In case a precursors and essential chemicals is
reclassified as dangerous drug, the penalties for violations of
the Act involving precursors and essential chemicals shall, in
case of conviction, be imposed in all pending criminal
prosecutions;
(c) In case of the addition of a new drug to the list of
dangerous drugs and precursors and essential chemicals, no
criminal liability involving the same under this Act shall arise
until after the lapse of fifteen (15) days from the last
publication of such notice;
(d) In case of removal of a drug from the list of dangerous
drugs and precursors and essential chemicals, all persons
convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending
criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its
promulgation submit to Congress a detailed reclassification,
addition, or removal of any drug from the list of dangerous
drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. The present
Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD,
DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned
government agencies shall promulgate within sixty (60) days the
Implementing Rules and Regulations that shall be necessary to
implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby
created a Congressional Oversight Committee composed of seven (7)
Members from the Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be appointed by
the Senate President based on the proportional representation of the
parties or coalitions therein with at least two (2) Senators representing
the Minority. The Members from the House of Representatives shall be
appointed by the Speaker, also based on proportional representation of
the parties or coalitions therein with at least two (2) Members
representing the Minority.
The Committee shall be headed by the respective Chairpersons of the
Senate Committee on Public Order and Illegal Drugs and the House of
Representatives Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. The
Oversight Committee on Dangerous Drugs shall, in aid of legislation,
perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor
and ensure the proper implementation of this Act;
(b) To ensure transparency and require the submission of
reports from government agencies concerned on the conduct
of programs, projects and policies relating to the
implementation of this act;
Section 102. Effectivity. This Act shall take effect fifteen (15) days
upon its publication in at least two (2) national newspapers of general
circulation.
Approved,
(Sgd)
FRANKLIN M. DRILON
President of the Senate
This Act which is a consolidation of Senate Bill No. 1858 and House
Bill No. 4433 was finally passed by the Senate and the House of
Representatives on May 30, 2002 and May 29, 2002, respectively.
(Sgd)
OSCAR G. YABES
Secretary of the Senate
(Sgd)
GLORIA MAC
President