Republic of the Philippines

SUPREME COURT
Manila

THIRD DIVISION

G.R. No. 181861 October 17, 2011

RAUL DAVID, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.

DECISION

PERALTA, J.:

For this Court's consideration is the Petition for Review on Certiorari1 under Rule 45 of the 1997
Rules of Civil Procedure dated April 11, 2008 of petitioner Raul David, assailing the Decision2 dated
August 31, 2007 and Resolution3 dated February 20, 2008 of the Court of Appeals (CA) in CA-G.R.
CR No. 29746, affirming the Decision4 dated April 27, 2005 of the Regional Trial Court, Branch 66,
Capas, Tarlac in Criminal Cases No. 1811-1812, finding petitioner Raul David, guilty beyond
reasonable doubt of violation of Section 11, Article II of Republic Act (R.A.) 9165.

As shown in the records, the following are the antecedent facts:

After receiving an information from a certain Victor Garcia that a person was selling illegal drugs at
L. Cortez St., Brgy. San Jose, Concepcion, Tarlac, the Intelligence Operatives of the Concepcion
Police Station, Concepcion, Tarlac, conducted a surveillance on the place from May 25, 2003 until
June 23, 2003 when they applied for a search warrant which was granted on the same day. Before
implementing the search warrant, the police officers conducted another surveillance from June 23 to
June 24, 2003 during which, it was observed that several students were going inside the petitioners
house. It was also during that time that the poseur-buyer was able to buy shabu(methamphetamine
hydrochloride) from the petitioner.

On June 29, 2003, around 1:00 p.m., the search team composed of PO3 Mario Flores, PO2 Henry
Balabat, SPO1 Rustico Basco and PO1 Roger Paras, implemented the search warrant with the
presence of Barangay Captain Antonio Canono. The search team, before conducting the search,
sought permission from the petitioner. The two-storey house had two rooms one downstairs and
the other one upstairs. According to petitioner, the room downstairs was occupied by his brother,
Rael David, who was not present during the search, and the room upstairs was occupied by the
former.

PO3 Flores found six (6) sachets of marijuana and three (3) plastic sachets of substance suspected
to be shabu on top of a padlocked cabinet underneath the stairs. During that time, appellant was
around two (2) meters away in the sala.

Thereafter, the police operatives took pictures of the items searched and the barangay captain
signed a certificate of good search. The confiscated items were then turned over to Investigator
Simplicio Cunanan of the Concepcion Police Station for investigation.
It was revealed in Chemistry Report No. D-143-20035 of Police Inspector Jessica R. Quilang that the
specimens in the three (3) heat-sealed transparent plastic sachets with "RB-A," "RB-B," and "RB-C"
markings were positive for 0.327 gram of shabu, a dangerous drug, while the specimen in the six (6)
heat-sealed plastic sachets with markings "RB-1" up to "RB-6" were positive for 3.865 grams of
marijuana.

Thus, appellant was charged in the following Informations:

Criminal Case No. 1811

That on or about 1:00 o'clock in the afternoon of 29 June 2003, at Brgy. San Jose, [M]unicipality of
Concepcion, [P]rovince of Tarlac, and within the jurisdiction of this Honorable Court, the said
accused did then and there willfully, unlawfully and criminally possessed Six (6) plastic heat-sealed
sachets containing dried marijuana leaves weighing more or less 3.865 gram[s] without being
authorized by law.

CONTRARY TO LAW.6

Criminal Case No. 1812

That on or about 1:00 o'clock in the afternoon of 29 June 2003, at Brgy. San Jose, [M]unicipality of
Concepcion, [P]rovince of Tarlac, and within the jurisdiction of this Honorable Court, the said
accused did then and there willfully, unlawfully and criminally possessed three (3) plastic heat-
sealed sachets containing [METHAMPHETAMINE] HYDROCHLORIDE, better known as Shabu,
weighing more or less 0.327 gram without being authorized by law.

CONTRARY TO LAW.7

Upon arraignment on August 4, 2003, petitioner, assisted by his counsel, pleaded "not guilty" on
both charges.8 The trial on the merits ensued, where the facts earlier stated were testified to by the
witnesses for the prosecution, namely: PO3 Mario Flores, SPO1 Rustico Basco and Officer Jessica
Quilang. On the other hand, the defense presented the testimonies of the petitioner; his brother,
Rael David, and his sister-in-law, Lilibeth David, the summary of which follows:

Police operatives arrived at the house of the petitioner in the afternoon of June 29, 2003. PO3 Flores
grabbed the petitioner and pulled him through his clothes and announced their authority to search.
This prompted the petitioner's sister-in-law, Lilibeth David, to get out of the room in order to prevent
the said policeman from grabbing the petitioner. To avoid any implantation of evidence, petitioner
took off his shirt. Lilibeth David summoned the barangay captain, afterwhich, policemen Basco,
Flores and Paras conducted the search which lasted for about thirty (30) minutes, while the other
police officer stayed outside with the barangay captain.

Police officers Basco and Paras searched the ground floor first and found nothing. Thereafter, police
officer Flores allegedly saw marijuana on top of a cabinet inside the room downstairs. Upon the
discovery, the item was photographed. Afterwards, petitioner was asked about the whereabouts of
the shabu. At the time of the search, petitioner's brother, Rael David, was not present.
Consequently, petitioner was taken to the police station for custodial investigation and during the
interrogation, he was not informed of his right to counsel.

The trial court found the petitioner guilty in its Decision dated April 27, 2005, the dispositive portion
of which follows:
WHEREFORE, finding the accused guilty beyond reasonable doubt of the crimes of Possession of
3.865 grams of Marijuana and 0.327 gram of [methamphetamine] hydrochloride (shabu), accused is
hereby sentenced to suffer the indeterminate penalties of Twelve (12) years & one day, as minimum,
to Fourteen years, as maximum, and to pay a fine of Three Hundred Thousand Pesos.

SO ORDERED.9

On appeal, the CA affirmed the conviction with modifications, the dispositive portion of its Decision
dated August 31, 2007 reads as follows:

WHEREFORE, the Decision of the Regional Trial Court of Capas, Tarlac, Branch 66 in Criminal
Cases No. 1811-1812, finding accused-appellant Raul David y Erese, GUILTY beyond reasonable
doubt of violation of Section 11, Article II of R.A. 9165 is hereby AFFIRMED with the following
MODIFICATIONS:

1) In Criminal Case No. 1811 for illegal possession of marijuana, he is sentenced to suffer
the penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as
maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00);

2) In Criminal Case No. 1812 for illegal possession of shabu, he is sentenced to suffer the
penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as
maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00).

Costs de oficio.

SO ORDERED.10

The CA, in its Resolution11 dated February 20, 2008, denied appellant's Motion for
Reconsideration,12 hence, the present petition where the appellant presented the following issues:

GROUND FOR THE ALLOWANCE OF THE PETITION

THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING WITH MODIFICATION THE

PETITIONER'S CONVICTION. THE ASSAILED DECISION IS NOT IN ACCORDANCE WITH LAW
AND APPLICABLE JURISPRUDENCE, AND IF NOT CORRECTED, IT WILL CAUSE GRAVE
INJUSTICE AND [IRREPARABLE] INJURY TO HEREIN PETITIONER.

ISSUES PRESENTED FOR RESOLUTION

WHETHER THE COURT OF APPEALS ERRED IN GIVING CREDENCE TO THE TESTIMONIES

OF THE PROSECUTION WITNESSES.

II

WHETHER THE COURT OF APPEALS ERRED IN CONVICTING THE PETITIONER DESPITE

THE FAILURE OF THE PROSECUTION TO PROVE THAT THE DANGEROUS DRUGS
SUBMITTED FOR LABORATORY EXAMINATION AND PRESENTED AS EVIDENCE BEFORE
THE TRIAL COURT WERE THE SAME ONES ALLEGEDLY SEIZED.
 III

WHETHER THE COURT OF APPEALS ERRED IN MODIFYING THE DECISION OF THE TRIAL
COURT WHICH FOUND THE PETITIONER GUILTY OF A SINGLE CHARGE OF VIOLATION OF
SECTION 11, ARTICLE II OF REPUBLIC ACT NO. 9165.

The petition lacks merit.

The arguments presented in the petition are purely factual. This is contrary to what is allowed by law
when filing a petition under Rule 45 of the Rules of Court.13 Nevertheless, this Court, upon review of
the records of this case, finds that the trial court and the CA's findings of facts should be accorded
respect.

For a prosecution for illegal possession of a dangerous drug to prosper, it must be shown that (a) the
accused was in possession of an item or an object identified to be a prohibited or regulated drug; (b)
such possession is not authorized by law; and (c) the accused was freely and consciously aware of
being in possession of the drug.14

Based on the evidence presented by the prosecution, it was proven that all the elements for illegal
possession of dangerous drugs are present in this case. PO3 Mario Flores, during the search in the
house of petitioner, found six (6) sachets of marijuana and three (3) sachets of shabu, both classified
as dangerous drugs under the pertinent law, on top of a padlocked cabinet underneath the stairs.
Thus, PO3 Flores testified:

Q: According to you, you were able to discover or find six (6) teabags of marijuana, where did you
see these teabags?

A: On top of their aparador, sir.

Q: And where is that aparador situated?

A: Underneath the stairs, sir.

Q: And according to you also, you found three (3) plastic bags of shabu, where did you discover
these three (3) plastic sachets?

A: Also on top of the aparador, sir.

Q: The same aparador where you discovered the six (6) teabags of marijuana?

A: Yes, sir.15

The above testimony was corroborated by SPO1 Rustico Basco, who said:

Q: Upon entering the house, what did you do there?

A: Because we were already allowed by Lilibeth David to conduct the search, we started doing so,
sir.
Q: By the way, who among your companions, or who among you in the group, actually entered the
house?

A: Myself, PO3 Mario Flores and PO1 Roger Paras, sir.

COURT:

Q: At the time, where was the Barangay Captain?

A: He was then inside the house, you Honor, but he did not conduct the search.

Q: Who personally, what part of the house did he search?

A: I went upstairs, sir.

Q: How about your companions Flores and Paras?

A: PO3 Flores conducted the search downstairs, while PO1 Paras was with me, sir.

COURT:

Q: At the time when you were upstairs, where was Raul David?

WITNESS:

A: He was downstairs, your Honor, seated on the sofa beside Lilibeth.

Q: How about the wife of Raul David?

A: The wife was near the stairs, your Honor.

Q: When you entered the elevated room, who were your companions?

A: PO1 Roger Paras and Lilibeth David were the ones who went with me when I conducted the
search upstairs since the room is only small.

FISCAL Llobrera:

Q: What happened to your search?

A: PO3 Mario Flores was able to find six sachet(s) of marijuana, three sachet(s) of shabu.

Q: Items were discovered by whom?

A: By Officer Flores and PO1 Paras, sir.16

However, petitioner questions the credibility of the witnesses for the prosecution. He argues that the
testimony of PO3 Flores that he found six (6) teabags of marijuana and three (3) sachets
of shabu remains uncorroborated as SPO1 Basco testified that he did not see PO3 Flores when the
latter discovered the said dangerous drugs. Even so, this does not diminish the fact that dangerous
drugs were found during the search of the house. The Office of the Solicitor General (OSG), in its
Comment17 dated October 16, 2008, was correct in pointing out that during the operation, it is not
incredible that only one of the operatives found the dangerous drugs because they were scattered
throughout the house. The OSG stated:

x x x The fact that PO3 Flores was the only one who discovered the illegal substances is not
incredible. It must be considered that during the operation, the police operatives scattered
themselves throughout the house in order to conduct the search. SPO1 Basco searched the upper
room, while PO3 Flores searched the lower portion of the house. Noteworthy, the testimonies of
SPO1 Basco and PO3 Flores jibed on material points, particularly on the illegal objects seized.
SPO1 Basco corroborated PO3 Flores' testimony that he found six (6) sachets of marijuana and
three sachets of shabu during the search. x x x18

Petitioner also claims that the prior surveillance before the issuance of a search warrant was not
clearly established by the testimonies of the witnesses. He insists that SPO1 Basco testified that a
surveillance was conducted by PO3 Flores and PO1 Joel Canlas from May 25, 2003 to June 24,
2003, but PO3 Flores denied having participated in the surveillance and pointed to PO1 Canlas as
the one who conducted the surveillance. According to petitioner, such inconsistency in the testimony
is damaging. This Court finds no significance in the said inconsistency as it is merely minor. What is
important is that they were able to establish through their testimonies that a surveillance indeed took
place before and even after the issuance of the search warrant. PO3 Flores testified during
clarifications from the court that:

COURT:

Some questions from the court.

Q: Prior to the application of search warrant, was there any surveillance conducted by your office?

A: Yes, your Honor.

Q: Who conducted that surveillance?

A: PO1 Canlas, your Honor.

Q: Why did you still conduct surveillance after issuing the search warrant?

A: To collate concrete evidence against the suspects, sir.

COURT:

Q: Why? Are you not sure when you applied for search warrant that Raul and Rael were not in
possession of the dangerous drugs?

A: We were certain, your Honor; however, we were afraid that the shabu and the marijuana in their
possession had already been consumed that is why we waited for some more time, your Honor.19

Although the same witness above confirmed that he was not involved in the surveillance conducted
prior to the issuance of the search warrant, he testified that he was involved in the surveillance after
the issuance of the same search warrant, thus:
FISCAL LLOBRERA

Q: Officer, upon obtaining that search warrant, what did you do, if any?

A: We informed our Chief of Police that our application for the issuance of a search warrant was
already approved, sir.

Q: After making that report, what else happened?

A: We ordered that a surveillance be conducted, sir.

Q: Do you know if that surveillance [was] actually conducted?

A: Not yet, sir.

Q: What actually finally was there any surveillance made?

A: Yes, sir, we were the ones who conducted the surveillance, sir.20

xxxx

ATTY. GARCIA

Q: How many times did you conduct surveillance?

A: Two (2) times, sir.

Q: Can you tell us the specific date?

A: June 23 and 24, sir.

Q: And in your surveillance on June 23 and 24, you were able to see young students going to the
house of the accused in buying dangerous drugs?

A: It was on June 24 when I saw students going there, sir.

Q: At that time, you did not have (sic) in possession of the search warrant?

A: We were already equipped or armed with the search warrant, sir.21

It is a settled rule that in cases involving violations of the Dangerous Drugs Act, credence is given to
prosecution witnesses who are police officers for they are presumed to have performed their duties
in a regular manner, unless there is evidence to the contrary.22 It must be emphasized that their
testimonies in open court are considered in line with the presumption that law enforcement officers
have performed their duties in a regular manner.23 In the absence of proof of motive to impute falsely
a crime as serious as violation of the Comprehensive Dangerous Drugs Act, the presumption of
regularity in the performance of official duty, as well as the findings of the trial court on the credibility
of the prosecution witnesses, shall prevail over petitioners self-serving and uncorroborated
denial.24Moreover, the factual findings of the trial court, when affirmed by the Court of Appeals, are
conclusive and binding on this Court.25
Petitioner further contends that the testimonies of the defense witnesses were not considered;
otherwise, it would have been proven that the dangerous drugs found on top of the aparador were
planted. It must be remembered that the defenses of denial and frame-up have been invariably
viewed by this Court with disfavor for it can easily be concocted and is a common and standard
defense ploy in prosecutions for violation of Dangerous Drugs Act.26 In this case, petitioner was not
able to present any concrete or strong evidence that would support his allegation that he was the
victim of a frame-up aside from his insinuation that had the trial court considered the testimonies of
the witnesses he presented, the same court could have inferred the presence of a set-up or the
planting of evidence on the part of the police operatives. In order to prosper, the defenses of denial
and frame-up must be proved with strong and convincing evidence.27

In claiming that the identity of the drugs subject of the charges was not proven beyond reasonable
doubt, petitioner states that there was no marking of the substances seized immediately after the
search and there was no proof that the drugs presented in court were the same drugs seized from
his house. Yet a close reading of the records shows the opposite.

Section 21, paragraph 1, Article II of R.A. 9165 provides:

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 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, 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;

The above provision is implemented by Section 21 (a), Article II of the Implementing Rules and
Regulations (IRR) of R.A. No. 9165, thus:

(a) The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, 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: Provided, further, that non-compliance with 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 of and custody
over said items.

The prosecution was able to prove the unbroken chain of custody of the items seized. As earlier
discussed, the witnesses for the prosecution were able to categorically testify that the dangerous
drugs were found in the residence of the petitioner during their search. As shown in Chemistry
Report No. D-143-2003, which was identified and testified on by Police Inspector Jessica Ramos
Quilang, the three (3) plastic sachets containing a substance was positive for methamphetamine
hydrochloride and marked as "RB-A," "RB-B," and "RB-C" and the six (6) plastic sachets were
positive for marijuana and marked as "RB-1," "RB-2," "RB-3," "RB-4," "RB-5" and "RB-
6."28Thereafter, as testified by PO3 Flores, the items were photographed and the barangay captain
signed a certificate of good search, thus:

FISCAL LLOBRERA:

Q: And then after discovering the shabu and marijuana, what else happened?

A: We took pictures of the shabu and marijuana sir inside their house and we showed said pictures
to the barangay officials, sir.

Q: And where was Raul David when you were taking pictures of the marijuana and shabu?

A: He was inside their house seated, sir.

Q: How far was he from you?

A: Two (2) meters, sir.

Q: Was there any object that obstructed his view between you and him?

A: None, sir.

Q: After taking pictures of the shabu and marijuana, what else happened?

A: We requested the barangay captain to affix his signature on the certificate of good search, sir.

COURT:

Q: During the time of the search, where was the barangay captain?

A: He was with us, your Honor.

Q: In the conduct of your search, did you have any civilian component?

A: None, your Honor, only the barangay captain.

FISCAL LLOBRERA:

Q: Please give us the name of the barangay captain.

A: Barangay Captain Canono, sir.

Q: When you discovered the six (6) teabags of marijuana as well as the three (3) plastic sachets of
shabu, where was [B]arangay [C]aptain Canono then?

A: He was inside the house, sir.

COURT:
Q: [And] the aparador was visible to the barangay captain during that time when you first see (sic)
the marijuana and the shabu?

A: The aparador was visible to the barangay captain, your Honor.

FISCAL LLOBRERA:

Q: Was the aparador padlocked or not?

A: The aparador was padlocked and it is (sic) on top of it where we found the items, sir.

Q: Right on top of the aparador?

A: Yes, sir.

Q: It was not placed in a drawer?

A: No, sir, on top itself of the aparador.

Q: And so what did you do with the shabu and the marijuana?

A: We confiscated the items, sir.

Q: After confiscating it, what did you do with it?

A: We showed the shabu and the marijuana to the Spouses David, sir.

Q: After showing them to the spouses, what else happened?

A: We brought the evidence to the police station, sir.

Q: How about Raul David, what did you do with him?

A: We also brought him to the police station, sir.

Q: What happened in the police station?

A: We indorsed Raul David and the evidence we confiscated to our investigator, sir.29

Therefore, it is apparent from the above disquisition that the integrity and evidentiary value of the
items seized were well-preserved. What is of utmost importance is the preservation of the integrity
and the evidentiary value of the seized items, as it would be utilized in the determination of the guilt
or innocence of the accused.30 Anyway, this Court has consistently ruled that non-compliance with
the requirements of Section 21 of R.A. No. 9165 will not necessarily render the items seized or
confiscated in a buy-bust operation inadmissible.31 Strict compliance with the letter of Section 21 is
not required if there is a clear showing that the integrity and the evidentiary value of the seized items
have been preserved, i.e., the items being offered in court as exhibits are, without a specter of
doubt, the very same ones recovered in the buy-bust operation.32 Hence, once the possibility of
substitution has been negated by evidence of an unbroken and cohesive chain of custody over the
contraband, such contraband may be admitted and stand as proof of the corpus delicti
notwithstanding the fact that it was never made the subject of an inventory or was photographed
pursuant to Section 21 (1) of Republic Act No. 9165.33

Anent petitioner's contention that having been caught in possession of shabu and marijuana in one
occasion, he should have been charged with, and convicted of, one offense only, this Court finds it
meritorious.

Before the enactment of R.A. 9165, the governing law on dangerous drugs was R.A. 6425, which
differentiated regulated drugs from prohibited drugs. It laid down different provisions for possession
of regulated and prohibited drugs. Under R.A. 9165, the distinction between regulated and prohibited
drugs has been removed and both are now classified as dangerous drugs. The eradication of such
distinction was the real intention of the legislators. As read from the transcript of stenographic notes
of the Twelfth Congress on the deliberation of R.A. 9165, then Senate Bill No. 1858:

Senator Leviste. And we are in support of the good sponsor's conviction to give teeth to this new law
and to go all out against drugs.

Under the old law R.A. No. 6425 a classification was provided between a prohibited drug and a
regulated drug. I believe in the new proposed measure, there is no distinction between the two
categories. And in lieu of the two categories, the new measure merely provides for an all-embracing
category of dangerous drugs.

May we know, Mr. President, the significance of eliminating the two categories in the old law
because there might be adverse implications if we do not classify "prohibited" from "regulated"
drugs. There are instances, for example, when a cancer patient I know I am not a doctor but
Senator Flavier might be able to enlighten us here is allowed to use with prescription from a
licensed physician regulated drugs. Morphine, for example, for pain killers. How would this
declassification affect this case?

Senator Barbers. Well, her point is very valid, Mr. President. The reason as to why under R.A. No.
6425 there was a distinction between "prohibited" and "regulated" drugs is that this is in consonance
with the International Treaties on Drugs under the UN Convention of 1961, 1971, and 1988. Now,
when we speak of narcotics under this treaty, it would mean "prohibited" drugs. When we speak of
psychotropic under the same convention, it would mean "regulated" drugs. In this particular
proposal, we did not make any distinction anymore. Why? Because whether these are regulated,
whether these are prohibited, these are considered as dangerous drugs unless authorized by law.
That a patient, for example, is in need of some drugs, morphine, for example, then that would be
another story.34

xxxx

Senator De Castro. Mr. President, on page 3, line 3, the term used is "dangerous," while under our
present law, Republic Act No. 6425, as amended, the term used is "prohibited." May we know from
the sponsor the distinction between the words "prohibited" and "dangerous."

Senator Barbers. Yes, Mr. President. Under Republic Act No. 6425, there is a distinction between
prohibited drugs and regulated drugs. When we speak of prohibited drugs, it would mean that there
is no prescription needed. While in the regulated drugs, a prescription is needed in order to purchase
that kind of drug from the drugstore.

Under the present bill, Mr. President, we removed the distinction and we came up with the term
"dangerous drugs" instead of classifying these drugs into prohibited and regulated ones. Why?
Because there are prohibited drugs that sometimes are also being dispensed with prescription, like
for example, morphine and opium. These could be used as pain relievers. There are also regulated
ones which become prohibited drugs when we use a proportion which could not be considered as
therapeutic in nature.

Senator De Castro. Therapeutic and that includes marijuana, Mr. President?

Senator Barbers. That is correct, Mr. President, although marijuana is not dispensed in drugstores.
We classify marijuana under RA 6425 as a prohibited drug, while under this measure marijuana is
considered as a dangerous drug.35

xxxx

Senator Cayetano. Mr. President, I also note that there is no definition of "regulated drug" at least in
my cursory examination. Has the good sponsor deleted the provision of the Dangerous Drugs Act of
1972 or Republic Act No. 6425 where there is a definition of "regulated drug?" And if so, I just want
to find out why this particular definition of what constitutes a regulated drug is not included in this
bill?

Senator Barbers. That is correct, Mr. President. In the present measure, we already deleted
prohibited drugs as well as regulated drugs. We came up with one item only from regulated, from
prohibited, to dangerous drugs. That would be the classification now. Whether it is regulated or
prohibited, it is of no moment to us. What is important is that we define dangerous drugs.

Senator Cayetano. No. The reason I asked that, Mr. President, is, under the present law, "regulated
drugs" is defined and the penalties for transgression of the requirements of getting a regulated drug
is different from the transgression of committing any act in relation to what constitutes purely
dangerous drugs.

So this is the reason I am inquiring because it is important. Regulated drugs per se are not
dangerous drugs, regulated in the sense that it may be dispensed by a certified physician or
members of the medical or dental profession.

The only transgression or penalty that may be included on regulated drug is, for instance, if one
imports regulated drugs without the necessary authority from the present Dangerous Drugs Board,
and also the manufacture as well as the sale of the same.

So that is the reason I am inquiring, Mr. President.

Senator Barbers. I have with me here, Mr. President, a definition of a "regulated drug," but this is
applicable under Republic Act No. 6425. Under my proposal, we deleted the definition. We
concentrated on dangerous drugs.

Senator Cayetano. So am I correct then that the omission is deliberate, but it does not repeal the
provision of Republic Act No. 6425 which is known as the "Dangerous Drugs Act of 1972," vis-a-
vis the regulated drugs? It does not.1avv phi 1

Senator Barbers. Mr. President, this proposed measure is practically a repeal of Republic Act No.
6425.36
From the above-quoted, it is clear that the deliberate elimination of the classification of dangerous
drugs is the main reason that under R.A. 9165, the possession of any kind of dangerous drugs is
now penalized under the same section. The deliberations, however, do not address a case wherein
an individual is caught in possession of different kinds of dangerous drugs. In the present case,
petitioner was charged under two Informations, one for illegal possession of six (6) plastic heat-
sealed sachets containing dried marijuana leaves weighing more or less 3.865 grams and the other
for illegal possession of three (3) plastic heat-sealed sachets containing shabu weighing more or
less 0.327 gram. Under Section 11 of R.A. 9165, the corresponding penalty for each charge, based
on the weight of the dangerous drugs confiscated, is imprisonment for twelve (12) years and one (1)
day, as minimum, to fourteen (14) years, as maximum, and a fine of three hundred thousand pesos
(P300,000.00). The trial court imposed a single penalty of imprisonment for twelve (12) years and
one (1) day, as minimum, to fourteen (14) years, as maximum, and a fine of three hundred thousand
pesos (P300,000.00), while the CA modified it by imposing the corresponding penalty for each
charge.

Absent any clear interpretation as to the application of the penalties in cases such as the present
one, this Court shall construe it in favor of the petitioner for the subject provision is penal in nature. It
is a well-known rule of legal hermeneutics that penal or criminal laws are strictly construed against
the state and liberally in favor of the accused.37 Thus, an accused may only be convicted of a single
offense of possession of dangerous drugs if he or she was caught in possession of different kinds of
dangerous drugs in a single occasion. If convicted, the higher penalty shall be imposed, which is still
lighter if the accused is convicted of two (2) offenses having two (2) separate penalties. This
interpretation is more in keeping with the intention of the legislators as well as more favorable to the
accused.

WHEREFORE, the Petition for Review on Certiorari dated April 11, 2008 of petitioner Raul David is
hereby DENIED. Consequently, the Decision dated August 31, 2007 and Resolution dated February
20, 2008 of the Court of Appeals are hereby AFFIRMED with the MODIFICATION that the penalty of
imprisonment for Twelve (12) years & one (1) day, as minimum, to Fourteen (14) years, as
maximum, and a fine of Three Hundred Thousand Pesos (P300,000.00) be imposed.

SO ORDERED.

DIOSDADO M. PERALTA
Associate Justice

WE CONCUR:

PRESBITERO J. VELASCO, JR.

Associate Justice
Chairperson

ROBERTO A. ABAD JOSE CATRAL MENDOZA

Associate Justice Associate Justice

ESTELA M. PERLAS-BERNABE
Associate Justice

ATTESTATION
I attest that the conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Courts Division.

PRESBITERO J. VELASCO, JR.

Associate Justice
Third Division, Chairperson

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution and the Division Chairpersons Attestation, I
certify that the conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Courts Division.

RENATO C. CORONA
Chief Justice

Footnotes

1 Rollo, pp. 11-129.

2Penned by Associate Justice Marlene Gonzales-Sison, with Associate Justices Juan Q.

Enriquez, Jr. and Vicente S.E. Veloso, concurring; rollo, pp. 94-109.

3
Id. at 128-129.

4 Id. at 61-68.
5 Exhibit "C" for the prosecution, records, Vol. II.
6 Records, Vol. I, p. 1.

7 Id. at 2.

8 Id. at 11.

9 Rollo, p. 68.

10 Id. at 108.

11 Supra note 3.

12 Rollo, pp. 110-118.

13 Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari
from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the
Regional Trial Court or other courts whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition shall raise only questions of law
which must be distinctly set forth.

Dolera v. People, G.R. No. 180693, September 4, 2009, 598 SCRA 484, 492, citing
14

People v. Tiu Won Chua, 453 Phil. 177, 186 (2003).

15 TSN, September 22, 2003, pp. 12-13.

16 TSN, July 14, 2005, pp. 5-6.
17 Rollo, pp. 141-168.
18 Id. at 155.

19 TSN, September 22, 2003, pp. 32-33, records, Vol. III.

20 Id. at 7-8.

21 Id. at 22-23.

People v. Fabian, G.R. No. 181040, March 15, 2010, 615 SCRA 432, 443, citing People v.
22

Navarro, G.R. No. 173790, October 11, 2007, 535 SCRA 644, 649, citing People v. Saludes,
G.R. No. 144157, June 10, 2003, 403 SCRA 590, 595-596.

23 Id. at 444.

24 Id. at 444-445.

Id. at 443, citing People v. Mateo, G.R. No. 179478, July 28, 2008, 560 SCRA 397, 413;
25

See Teodosio v. Court of Appeals, G.R. No. 124346, June 8, 2004, 431 SCRA 194, 203 and
People v. Cabugatan, G.R. No. 172019, February 12, 2007, 515 SCRA 537, 546-547.

26 See People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009, 604 SCRA 250, 269.

27 Id., citing People v. Naquita, G.R. No. 180511, July 28, 2008, 560 SCRA 430, 449; People
v. Concepcion, G.R. No. 178876, June 27, 2008, 556 SCRA, 421, 440; People v. Santiago,
G.R. No. 175326, November 28, 2007, 539 SCRA 198, 212 .

28 TSN, January 15, 2004, pp. 5-6.

29 TSN, September 22, 2003, pp. 16-18.

30 People v. Rosialda, G.R. No. 188330, August 25, 2010, 629 SCRA 507, 521.

31People v. Joel Roa, G.R. No. 186134, May 6, 2010, 620 SCRA 359, 371-372, citing
People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA 828, 842-843; People v.
Alberto, G.R. No. 179717, February 5, 2010, 611 SCRA 706, 718; People v. Capco, G.R.
No. 183088, September 17, 2009, 600 SCRA 204, 213; People v. Teodoro, G.R. No.
185164, June 22, 2009, 590 SCRA 494, 507.

32 Id.

33 Id.

34 TSN, October 23, 2001, pp. 51-52.

35 TSN, January 15, 2002, pp. 80-81.

36 TSN, January 16, 2002, pp. 21-22.

37 People v. Subido, No. L-21734, September 5, 1975, 66 SCRA 545, 551.