Ra 9165

Question 1

Dangerous Drugs.

Answer 1

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.

Question 2

Controlled Precursors and Essential Chemicals.

Answer 2

– 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.

Question 3

What is importationas defined in pp vs Liu?

Answer 3

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.

Question 4

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.

Answer 4

False. 100m

Question 5

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?

Answer 5

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

Question 6

What are the elements of the illegal sale of dangerous drugs?

Answer 6

1. The identity of the buyer and the seller, the object, and the consideration; and
2. 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.

Question 7

Is the presentation of money used in a buy-bust operation fatal to the evidence?

Answer 7

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.

Question 8

CHAIN OF CUSTODY

Answer 8

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

Question 9

The four (4) Links in the Chain of Custody (People v. Escasura, G.R. No. 255947, March 28, 2022):

Answer 9

1. The seizure and marking, if practicable, of the illegal drug recovered from the
   accused by the apprehending officer;
2. The turnover of the illegal drug seized by the apprehending officer to the
   investigating officer;
3. The turnover by the investigating officer of the illegal drug to the forensic chemist
   for laboratory examination; and
4. The turnover and submission of the marked illegal drug seized from the forensic
   chemist to the court.

Question 10

What are the requirement for the physical inventory of the seized items?

Answer 10

1. 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:
2. 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.

Question 11

What should the apprehending team conduct?:

Answer 11

1) marking
2) inventory
3) photography

Question 12

What is marking?

Answer 12

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.

Question 13

What 1s inventory?

Answer 13

by listing the seized items in the Certificate of Inventory which will be signed by the PB and/or SO, and the insulating witnesses

Question 14

Where should in inventory and photography be conducted?

Answer 14

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:

Question 15

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:

Answer 15

1. It is not practicable to conduct the same at the place of seizure; or
2. 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)

Question 16

Who are required to present during the marking, inventory, and photography?:

Answer 16

1. The accused or the person/s from whom such items were confiscated and/or
   seized, or his/her representative or counsel
2. An elected public official; and
3. A representative of the National Prosecution Service or the media.

Question 17

Requisites in order for the saving clause to apply:
( deviations from procedures)

Answer 17

1. the existence of “justifiable grounds” ‘ allowing departure from the rule on strict
   compliance; and
2. 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)

Question 18

PO1 Bobon kept the seized narcotics inside his own pockets pending their turn-over. Is it admissible as evidence?

Answer 18

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

Question 19

What is the 2nd link?

Answer 19

The second link in the chain of custody is the transfer of the seized drugs by the
apprehending officer to the investigating officer.

Question 20

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?

Answer 20

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.

Question 21

What is the third link?

Answer 21

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)

Question 22

What is the last link?

Answer 22

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)

Question 23

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

Answer 23

1. Describe how and from whom it was received,
2. State where it was and what happened to it while in the witness’ possession,
3. Describe the condition in which it was received;
4. Describe the condition in which it was delivered to the next link in the chain.
5. 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

Question 24

The elements of illegal delivery of dangerous drugs are:

Answer 24

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

Question 25

True or false

(Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination

Answer 25

True

Question 26

When is a provisional certification from crime lab issued?

Answer 26

when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame,

Question 27

After the filing of the criminal case, the Court shall, within twenty-four hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of 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 DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;

Answer 27

False-72 has

Question 28

Trading.

Answer 28

Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

Question 29

Administer.

Answer 29

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.

Question 30

Dispense.

Answer 30

Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

Question 31

Maintenance of a Den, Dive or Resort.

Answer 31

maintain a den, dive or resort where any dangerous drug is used or sold in any form.

Question 32

Elements of maintenance of a drug den:

Answer 32

1. that the place is a den - 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; and
   a. People v. Galicia, G.R. No. 218402, February 14, 2018, ordained that the
   prosecution must establish that the alleged drug den is a place where
   dangerous drugs are regularly sold to and/or used by customers of the
   maintainer of the den. The word “regular” means doing the same thing in
   uniform intervals, or something that is a common occurrence.
2. that the accused maintains the said place. (People v. Siendo, et al., G.R. No.
   246284, June 16, 2021)

Question 33

When are employees and Visitors of a Den, Dive or Resort liable?

Answer 33

(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

Question 34

Elements of illegal possession of a dangerous drug:

Answer 34

1. the accused was in possession of an item or an object identified to be a prohibited or
   regulated drug;
2. such possession is not authorized by law; and
3. the accused was freely and consciously aware of being in possession of the drug. (People v. Hilario, et. al., G.R. No. 210610, January 11, 2018)