In the Philippines, the legal framework governing dangerous drugs is Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002." Under this law, methamphetamine hydrochloride—locally known as "shabu"—is classified as a dangerous drug. The penalties for its possession and sale are among the most severe in the Philippine penal system, structured specifically to deter both street-level pushers and large-scale traffickers.
When dealing with a quantity of 10 grams, the legal consequences move into the highest tier of severity provided by the law.
I. Illegal Possession of 10 Grams of Shabu
Section 11 of R.A. 9165 dictates the penalties for the possession of dangerous drugs. The severity of the penalty is determined by the weight of the substance seized.
For shabu, the law stipulates that if the quantity is five (5) grams or more but less than fifty (50) grams, the penalty is:
- Life Imprisonment
- A fine ranging from Four hundred thousand pesos (₱400,000.00) to Five hundred thousand pesos (₱500,000.00)
Because 10 grams falls squarely within this range, a person found in illegal possession of this amount faces the prospect of spending the rest of their life in prison, regardless of whether they intended to sell it or use it personally.
II. Illegal Sale of Shabu
Section 5 of R.A. 9165 covers the "Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals."
Unlike possession, the law regarding the sale of shabu does not typically distinguish between weights when it comes to the maximum penalty. Whether a person sells 0.01 grams or 10 grams of shabu, the penalty remains the same:
- Life Imprisonment to Death
- A fine ranging from Five hundred thousand pesos (₱500,000.00) to Ten million pesos (₱10,000,000.00)
Note on the Death Penalty: While R.A. 9165 mentions the death penalty, the imposition of capital punishment has been prohibited in the Philippines since the enactment of Republic Act No. 9346 in 2006. Consequently, the maximum penalty currently demandable is life imprisonment without the possibility of parole.
III. Crucial Procedural Requirements: Section 21
In Philippine drug cases, the quantity of the drug (10 grams) is a critical element, but the integrity of the evidence is equally paramount. Under Section 21 of R.A. 9165 (as amended by R.A. 10640), law enforcement must follow a strict "chain of custody" to ensure the drugs presented in court are the same ones seized from the accused.
Requirements include:
- Immediate Inventory: The seizing officer must immediately conduct a physical inventory and photograph the seized items.
- Required Witnesses: The inventory must be conducted in the presence of the accused (or their representative/counsel), an elected public official, and a representative of the National Prosecution Service or the media.
- Marking: The evidence must be marked at the place of arrest to prevent switching or tampering.
Failure to strictly comply with these procedural safeguards can be used as grounds for acquittal based on "reasonable doubt" regarding the identity and integrity of the corpus delicti (the body of the crime).
IV. Comparison of Penalties
| Offense | Quantity | Prison Term | Fine |
|---|---|---|---|
| Possession | 10 Grams | Life Imprisonment | ₱400,000 – ₱500,000 |
| Sale | Any Amount | Life Imprisonment | ₱500,000 – ₱10,000,000 |
V. Plea Bargaining and Probation
Under the Supreme Court's A.M. No. 18-03-16-SC, plea bargaining is now allowed in certain drug cases. However, for the charge of possession of 10 grams of shabu (Section 11), the rules are strict:
- Plea Bargaining: A person charged with possession of 10 grams may be allowed to plead guilty to a lesser offense, but this is subject to the discretion of the court and the consent of the prosecutor.
- Probation: Under the Probation Law, defendants sentenced to more than six (6) years of imprisonment are ineligible for probation. Since the penalty for 10 grams of shabu is life imprisonment, probation is legally impossible for this offense.
Summary
The possession or sale of 10 grams of shabu in the Philippines is a non-bailable offense (where evidence of guilt is strong) and carries a mandatory penalty of life imprisonment. The legal system treats this quantity as a significant threat to public order, leaving very little room for leniency once the chain of custody and the weight of the substance are proven beyond a reasonable doubt in a court of law.