Mandatory drug testing of arrested suspect

NETIZENS are asking why the PDEA did not compel the son of Justice Secretary Remulla to undergo MANDATORY DRUG TESTING upon his arrest.

His son was charged by the Office of the City Prosecutor of Las Pinas City with ILLEGAL POSSESSION (after a "CONTROLLED DELIVERY" of IMPORTED kush or high-grade marijuana) before the Regional Trial Court of Las Pinas City. The son was not charged with ILLEGAL USE OF DANGEROUS DRUGS OR ILLEGAL IMPORTATION OF DANGEROUS DRUGS.

The Office of the City Prosecutor of Las Pinas has REFERRED to the Office of the City Prosecutor of PASAY CITY the PDEA complaint for ILLEGAL IMPORTATION OF DANGEROUS DRUGS, considering that the act of IMPORTATION or the MAIN ELEMENTS thereof were CONSUMMATED within the TERRITORIAL JURISDICTION of Pasay City.

The Office of the City Prosecutor of Pasay City is mandated by the RULES OF CRIMINAL PROCEDURE to conduct a preliminary investigation of the PDEA complaint for ILLEGAL IMPORTATION OF DANGEROUS DRUGS.

NO Information or criminal charge has been filed, as of now, by the Office of the City Prosecutor of PASAY CITY against the son of Remulla for ILLEGAL IMPORTATION OF DANGEROUS DRUGS before the Regional Trial Court of Pasay City.

The PDEA argues that mandatory drug testing is IRRELEVANT to the Information filed by the Office of the City Prosecutor of Las Pinas (ILLEGAL POSSESSION DANGEROUS DRUGS) against the son of Remulla before the Regional Trial Court of Las Pinas City, hence, its agents did not compel the son of Remulla to undergo mandatory drug testing under Section 38 of RA 9165, known as the "Comprehensive Dangerous Drugs Act of 2002".

SECTION 11 of RA 9165, which is the LEGAL BASIS of the Information or criminal charge for ILLEGAL POSSESSION OF DANGEROUS DRUGS filed by the Office of the City Prosecutor of Las Pinas City before the Regional Trial Court of Las Pinas City, is quoted in full below:

"SECTION 11. POSSESSION 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 possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (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 requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, 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 requirements; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, 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 requirements; or less than three hundred (300) grams of marijuana."

Section 38 ("LABORATORY EXAMINATION OR TEST ON APPREHENDED/ARRESTED OFFENDERS") of RA 9165. provides that "SUBJECT TO SECTION 15 (USE OF DANGEROUS DRUGS) of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours, IF THE APPREHENDING OR ARRESTING OFFICER HAS REASONABLE GROUND TO BELIEVE that the person apprehended or arrested, on account of PHYSICAL SIGNS OR SYMPTOMS OR OTHER VISIBLE OR OUTWARD MANIFESTATION, is under the influence of dangerous drugs. X x x".

The son of Remulla was charged with ILLEGAL POSSESSION OF DANGEROUS DRUGS under Section 11, and not with ILLEGAL USE OF DANGEROUS DRUGS under Section 15 referred to in Section 38.

Section 38 of RA 9165 is quoted in full below:

"SECTION 38. LABORATORY EXAMINATION OR TEST ON APPREHENDED/ARRESTED OFFENDERS. – SUBJECT TO SECTION 15 (USE OF DANGEROUS DRUGS) of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours, IF THE APPREHENDING OR ARRESTING OFFICER HAS REASONABLE GROUND TO BELIEVE that the person apprehended or arrested, on account of PHYSICAL SIGNS OR SYMPTOMS OR OTHER VISIBLE OR OUTWARD MANIFESTATION, is under the influence of dangerous drugs. If found to be positive, the results of the SCREENING LABORATORY EXAMINATION or test SHALL BE CHALLENGED within fifteen (15) DAYS AFTER RECEIPT OF THE RESULT through a CONFIRMATORY TEST conducted in any ACCREDITED ANALYTICAL LABORATORY EQUIPMENT with a gas CHROMATOGRAPH/MASS SPECTROMETRY EQUIPMENT or some such modern and accepted method, IF CONFIRMED the same shall be PRIMA FACIE EVIDENCE that such person has USED dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of this Act: PROVIDED, That A POSITIVE SCREENING LABORATORY TEST MUST BE CONFIRMED FOR IT TO BE VALID IN A COURT OF LAW."

As the prefatory part of the language of Section 38 provides, it is SUBJECT TO SECTION 15, which, in turn, refers to ILLEGAL USE OF DANGEROUS DRUGS.

Section 15 (USE OF DANGEROUS DRUGS), to which Section 38 is subject, is quoted in full below:

"SECTION 15. USE OF DANGEROUS DRUGS. – A person apprehended or arrested, who is found to be POSITIVE for USE of any dangerous drug, AFTER A CONFIRMATORY TEST, shall be imposed a penalty of a minimum of six (6) months REHABILITATION in a government center for the FIRST OFFENSE, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the SECOND TIME, he/she shall suffer the penalty of IMPRISONMENT ranging from SIX (6) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): PROVIDED, That this Section SHALL NOT BE APPLICABLE where the person tested is ALSO FOUND to have in his/her POSSESSION such quantity of any dangerous drug provided for under SECTION 11 of this Act, IN WHICH CASE THE PROVISIONS STATED THEREIN SHALL APPLY."

The position of PDEA that MANDATORY DRUG TESTING was IRRELEVANT with respect to the case of the son of Remulla for ILLEGAL POSSESSION OF DANGEROUS DRUGS, as filed by the Office of the City Prosecutor of LAS PINAS CITY before the Regional Trial Court of Las Pinas City, appears to be supported by the language of SECTION 38 in relation to SECTION 15 of RA 9165.

The son of Remulla was arrested, pursuant to a VALID WARRANTLESS ARREST under RULE 113 of the RULES OF CRIMINAL PROCEDURE (during a "CONTROLLED DELIVERY" of imported dangerous drugs which is ANALOGOUS to a BUY-BUST OPERATION), for ILLEGAL POSSESSION OF DANGEROUS DRUGS under Section 11. He was NOT arrested under SECTION 15 for ILLEGAL USE OF DANGEROUS DRUGS.


READ THE RELATED JURISPRUDENCE -

(1) SOCIAL JUSTICE SOCIETY (SJS), petitioner, vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), respondents. G.R. No. 157870, November 3, 2008.
(2) ATTY. MANUEL J. LASERNA, JR., petitioner, vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG ENFORCEMENT AGENCY, respondents. G.R. No. 158633, November 3, 2008.
(3) AQUILINO Q. PIMENTEL, JR., petitioner, vs. COMMISSION ON ELECTIONS, respondents. G.R. No. 161658, November 3, 2008.


LINK TO THE RELATED JURISPRUDENCE -
https://lawphil.net/judjuris/juri2008/nov2008/gr_157870_2008.html


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