See - https://www.manilatimes.net/the-comprehensive-dangerous-drugs-act/565300/
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“Section 11. Possession of Dangerous Drugs. – The penalty of xxx (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) to Four hundred thousand pesos (P400,000), 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.”
The Supreme Court in the case of People of the Philippines vs Rolando Santos Zaragoza (GR 233142, Jan. 17, 2018), through Associate Justice Samuel Martires discussed possession of illegal drugs, to wit:
“The elements of Section 11 are as follows: (1) the accused is in possession of an item or object, which is identified to be prohibited or regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug. xxx Illegal possession of regulated drugs is mala prohibita, and, as such, criminal intent is not an essential element. However, the prosecution must prove that the accused had the intent to possess (animus posidendi) the drugs. Possession, under the law, includes not only actual possession, but also constructive possession.
Actual possession exists when the drug is in the immediate possession or control of the accused. On the other hand, constructive possession exists when the drug is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found.” (Emphasis supplied)
To sustain the conviction of your husband, the prosecution must adduce evidence that the sachet of shabu was recovered from his actual or constructive possession, and that such possession is not authorized by law. It must be proven that the illegal drug was in his immediate possession or control or that the illegal drug is under his dominion and control or when he has the right to exercise dominion and control over the place where such drug was found.
To answer your question on penalty, the imposable penalty for violation of Section 11 is imprisonment of 12 years and one day to 20 years and a fine ranging from ₱P300,000 to ₱P400,000.
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org
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