Reviewer for Session 8

TOPICS: Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)

Illegal Possession of Firearms (R.A. No. 8294)
Illegal Gambling (P.D. 1602, R.A. No. 9287)

TOPIC

a. Comprehensive
Dangerous
Drugs Act of
2002 (R.A. No.
9165)

AGGRAVATING/
QUALIFYING
CIRCUMSTANC
ES
A positive finding
for the use of
dangerous
drugs
shall
be
a
qualifying
aggravating
circumstance
in
the commission of a
crime
by
an
offender, and the
application of the
penalty
provided
for in the RPC shall
be applicable.

ATTEMPTED,
FRUSTRATED
STAGESOF
FELONIES
Attempt or
conspiracy- any
attempt or conspiracy
to commit the
following unlawful
acts:
a. Importation of
any dangerous
drug and/or
controlled
precursor and
essential
chemical;
b. Sale, trading,
administration
, dispensation,
delivery,
distribution
and
transportation
of any

CONSPIRAC
Y

OTHERSTO REMEMBER

Written in third
column.

Cultivation or Culture of
plants classified as dangerous
drugs or are sources thereofAny person who shall plant,
cultivate or culture marijuana,
opium poppy, or any other
plant regardless of quantity,
which is or may hereafter be
classified as a dangerous drug
or source from which any
dangerous
drug
may
manufactured or derived.
Den, Dive or Resort- 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.

dangerous
drug and/or
controlled
precursor and
essential
chemical;
c. Maintenance
of a den, dive
or resort
where any
dangerous
drugs is used
in any form;
d. Manufacture
of any
dangerous
drug and/or
controlled
precursor and
essential
chemical; and
e. Cultivation or
culture of
plants which
are sources of
dangerous
drugs.
b. Illegal
Possession of
Firearms (R.A.
No. 8294)

Aggravating
circumstancesa. If homicide
or murder is
committed
with the use

Elements to successfully
prosecute a case of illegal
possession
of
dangerous
drugs:
1. Accused in possession
of the prohibited drugs.
2. Such possession is not
authorized by law.
3. Accused freely and
consciously possessed
the drug.

Elements for the conviction of

illegal possession of firearms:
1. Existence of firearm.
2. Appellant who owned
or possessed the firearm
does not have license to

of an
unlicensed
firearm.
b. When a
person
commits
any of the
crimes
defined in
the RPC or
special laws
with the use
of
explosives,
detonation
agents or
incendiary
devices
which
results in the
death of any
person.
Illegal Gambling (P.D.
1602, R.A. No. 9287)

possess the same.

Personnel or Staff of Illegal

Numbers Game OperationAny person who acts in the
interest of the maintainer,
manager or operator, such as
but not limited to an
accountant, cashier, checker,
guard,
runner,
table
manager, usher, watcher, or
any
other
personnel
performing such similar

functions in a building
structure, vessel, vehicle, or
any other place where an illegal
numbers game is operated or
conducted.
Important things to remember in the 3 cases:
People v. Climaco:
-

The information charged Climaco for violation of Comprehensive Dangerous Drugs Act for illegal possession and illegal sale
of methamphetamine hydrochloride.
The SC ruled that Climaco is acquitted because the corpus delicti is not proven and chain of custody is broken.
Corpus delicti- the actual commission by someone of the particular crime charged. The corpus delicti in cases involving
dangerous drugs is the presentation of dangerous drug itself.
Chain of Custody- the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant
sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/ confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court for destruction.
The prosecution did not explain why the markings of the plastic sachets containing the alleged drugs, which were submitted to
be TR- B and TR- R, became GSC- 1 and GSC- 2 in the Chemistry Report, thats why the SC ruled for the
acquittal of Climaco because the chain of custody is broken.

People v. Malinao:
-

The information charged Malinao for Illegal Possession of Firearm in its aggravated form under Illegal Possession of Firearm
Law.
Illegal possession of firearm law, the use of an unlicensed firearm in a murder or homicide case is considered simply as a
special aggravating circumstance in the crime of homicide or murder and no longer treated as separate offense in its aggravated
form.
The use of unlicensed firearm by Malinao may not be used as special aggravating circumstance because there is no proof that
the crime of Murder is committed with the use of unlicensed firearm.
Malinao is held liable for Murder with mitigating circumstance of voluntary surrender. From reclusion perpetua to death
became reclusion perpetua.

People v. Yuhico:

The information charged Yuhico of the crime of Arson.

Cannot raise drug addiction as an Exempting Circumstance because under R.A. No. 9165, a positive finding for the use of
dangerous drugs shall be a qualifying aggravating circumstance in the commission of the crime.
Yuhico is not suffering from pyschosis or any gross physical and neurological deficiency.
SC ruled that Yuhico is guilty of the crime of Arson.

GOODLUCK MGA BAKLA! KAYA NATIN TO! HAHAHAHA! MUAH :* -