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.
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.
What is importationas defined in pp vs Liu?
Importation then, necessarily connotes the ‘ introduction of something into a certain territory coming from an external source. Logically, if the article merely came from the same territory, there cannot be any importation of the same.
True N false
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within 200 m from the school, the maximum penalty shall be imposed in every case.
False. 100m
When is the maximum penalty for Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.imposed?
1) if it transpires within one hundred (100) meters from the school,
2) if the drug pushers use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade,
3) If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof
4.) person who organizes, manages or acts as a “financier” of any of the illegal activities
What are the elements of the illegal sale of dangerous drugs?
- The identity of the buyer and the seller, the object, and the consideration; and
- The delivery of the thing sold and the payment. (People v. Rivera, et. al., G.R. No.
252886, March 15, 2021)
It is essential that a transaction or sale be proved to have actually taken place coupled with the presentation in court of evidence of the corpus delicti. The corpus delicti in cases involving dangerous drugs is the presentation of the dangerous drug itself and its offer as evidence.
Is the presentation of money used in a buy-bust operation fatal to the evidence?
People v. Rebotazo, G.R. No. 192913, June 13, 2013:
The Court has been categorical in declaring that neither law nor jurisprudence requires the presentation of any money used in a buy-bust operation. Failure to mark the money or to present it in evidence is not material, since failure to do so will not necessarily disprove the sale. If at all, the marked money merely serves as corroborative evidence in proving appellant’s guilt. Stated differently, in prosecuting a case for the sale of dangerous drugs, the failure to present marked money does not create a hiatus in the evidence for the prosecution, as long as the sale of dangerous drugs is adequately proven and the drug subject of the transaction is presented before the court.
CHAIN OF CUSTODY
CHAIN OF CUSTODY means the duly recorded, authorized movements, and custody of the seized drugs at each stage, from the moment of confiscation to the receipt in the forensic laboratory for examination until its presentation in Court
The four (4) Links in the Chain of Custody (People v. Escasura, G.R. No. 255947, March 28, 2022):
- The seizure and marking, if practicable, of the illegal drug recovered from the
accused by the apprehending officer; - The turnover of the illegal drug seized by the apprehending officer to the
investigating officer; - The turnover by the investigating officer of the illegal drug to the forensic chemist
for laboratory examination; and - The turnover and submission of the marked illegal drug seized from the forensic
chemist to the court.
What are the requirement for the physical inventory of the seized items?
- conduct a physical inventory of the seized items and
2.photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof:
3.That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: - That noncompliance of these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
What should the apprehending team conduct?:
1) marking
2) inventory
3) photography
What is marking?
Marking” means the placing by the apprehending officer or the poseur-buyer of his/her initials and signature on the items seized. Marking after seizure is the starting point in the custodial link; hence, it is vital that the seized contraband be immediately marked because succeeding handlers of the specimens will use the markings as reference.
What 1s inventory?
by listing the seized items in the Certificate of Inventory which will be signed by the PB and/or SO, and the insulating witnesses
Where should in inventory and photography be conducted?
That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures:
the physical inventory and taking of photographs of the seized item may be conducted at the nearest police station or at the nearest office of the apprehending officer or team is when the police officers provide justification that:
- It is not practicable to conduct the same at the place of seizure; or
- The items seized are threatened by immediate or extreme danger at the place of seizure. (People v. Casa, G.R. No. 254208, August 16, 2022, en banc)
Who are required to present during the marking, inventory, and photography?:
- The accused or the person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel - An elected public official; and
- A representative of the National Prosecution Service or the media.
Requisites in order for the saving clause to apply:
( deviations from procedures)
- the existence of “justifiable grounds” ‘ allowing departure from the rule on strict
compliance; and - the integrity and the evidentiary value of the seized items are properly preserved
by the apprehending team. (People v. Luna, G.R. No. 219164, March 21, 2018)
PO1 Bobon kept the seized narcotics inside his own pockets pending their turn-over. Is it admissible as evidence?
Keeping one of the seized items in his right pocket and the rest in his left pocket is a doubtful and suspicious way of ensuring the integrity of the items. Contrary to the Court of Appeals’ finding that PO1 Bobon took the necessary precautions, we find his. actions reckless, if not dubious.
Even without referring to the strict requirements of Section 21, common sense
dictates that a single police officer’s act of bodily-keeping the item(s) which is at the crux of offenses penalized under the Comprehensive Dangerous Drugs Act of 2002, is fraught with dangers. One need not engage in a meticulous counter-checking with the requirements of Section 21 to view with distrust the items coming out of PO1 Bobon’s pockets. x x x
What is the 2nd link?
The second link in the chain of custody is the transfer of the seized drugs by the
apprehending officer to the investigating officer.
PO1 Bayangan (the poseur-buyer) merely presented the seized evidence to the duty investigator. PO1 Bayangan was the one who turn-over the drug items to the crime laboratory. Was this proper?
The presentation of the seized drugs to the duty investigator was sufficient compliance with the second link as he had actual view of the same during the conduct of the investigation and the preparation of the necessary documents for the developing criminal case. According to PO1 Bayangan, he, together with the investigator, prepared the request for laboratory examination of the seized drugs. Thus, it was justified that PO1 Bayangan remained in possession thereof during the preparation of the required documents as he participated in the process. What is important is that the investigator was shown the illicit drugs. Accordingly, there was no break in the second link.
What is the third link?
The third link in the chain of custody is the transfer of the seized drugs from the
investigating officer to the forensic chemist in the crime laboratory. (People v. del Rosario, G.R. No. 235658, June 22, 2020)
What is the last link?
The last link involves the submission of the seized drugs by the forensic chemist to
the court when presented as evidence in the criminal case. (People v. del Rosario, G.R. No. 235658, June 22, 2020)
What to testify in court in relation to the chain of custody rule/ What must be established to comply with the chain of custody rule:
(People v. Havana, G.R. No. 198450, January 11, 201
- Describe how and from whom it was received,
- State where it was and what happened to it while in the witness’ possession,
- Describe the condition in which it was received;
- Describe the condition in which it was delivered to the next link in the chain.
- Describe the precautions taken to ensure that there had been no change in the
condition of the item and no opportunity for someone not in the chain to have possession of the same
The elements of illegal delivery of dangerous drugs are:
① the accused passed on possession of a dangerous drug to another, personally or
Otherwise, and by any means;
, ② such delivery is notauthorized by law
③the accused knowingly made the delivery
