Key takeaway: Possessing 7 grams of shabu falls within the “5 grams or more but less than 10 grams” bracket under Section 11, Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). The law prescribes imprisonment of 20 years and 1 day to life imprisonment, and a fine of ₱400,000 to ₱500,000. The death penalty no longer applies because it was abolished by R.A. 9346.

1) The Governing Statute and Penalty Brackets

Section 11 (Possession of Dangerous Drugs), R.A. 9165 sets graduated penalties for possession of shabu based on quantity. For 7 grams:

Penalty range: 20 years and 1 day to life imprisonment
Fine: ₱400,000 to ₱500,000
Death penalty: Not applicable (repealed by R.A. 9346)

Practical effect: a charge pegged at 7 grams immediately places the case in a severe penalty tier, with bail becoming discretionary (see §7 below) and no eligibility for probation.

2) What the Prosecution Must Prove

To convict for possession under Section 11, the prosecution must establish:

Possession of the item (either actual or constructive);
The item is shabu (a dangerous drug under R.A. 9165);
Knowledge (animus possidendi) of the possession and its illicit character; and
Quantity (here, 7 grams) to fix the proper penalty.

Actual vs. Constructive Possession

Actual possession: The drug is found on the person (e.g., pocket, hand, body-worn bag).
Constructive possession: The drug is in a place over which the accused has dominion or control (e.g., room/vehicle), coupled with knowledge of its presence.

Mere proximity is not enough. The State must link the accused to the contraband with credible, positive evidence.

3) The “Corpus Delicti”: Chain of Custody (Section 21)

The corpus delicti in drug cases is the drug itself. Philippine courts scrutinize whether the integrity and evidentiary value of the seized shabu were preserved. The chain of custody documents the movement of the item from seizure to laboratory examination to court presentation. Classic four links the courts look for:

Seizure and marking at the place of arrest;
Turnover from the apprehending officer to the investigating officer;
Delivery to the forensic chemist and laboratory examination;
Submission to the court and presentation as evidence.

The Section 21 Amendment (R.A. 10640)

R.A. 10640 relaxed witnessing requirements (from three to two witnesses) during inventory and photographing at the time of seizure:

An elected public official and a representative of the National Prosecution Service or the media should witness the inventory/photographing immediately after seizure.
Noncompliance may be excused only upon a justifiable reason (e.g., safety, unavailability) that the prosecution must affirmatively explain and prove that integrity/identity were preserved.

Tip: Courts often acquit when the marking/witnessing was delayed or undocumented, or when the prosecution fails to justify deviations.

4) Laboratory Examination & Testimony

The State must present the forensic chemist to identify the specimen, explain testing, and confirm the results (e.g., GC-MS, colorimetric screening).
Continuity matters: the chemist should identify the same marked item turned over by law enforcement.
Discrepancies in weight/markings, or gaps in the turn-over records, can fatally weaken the case.

5) Defenses Commonly Raised

Illegal Search/Seizure
- If the item was seized without a valid warrant and no valid exception (e.g., search incident to a lawful arrest, plain view, moving vehicle, consent, checkpoint with proper safeguards) applies, the exclusionary rule may suppress the evidence.
Chain-of-Custody Breaks
- Missing markings, absent witnesses, unsupported deviations from Section 21, or a noncredible inventory can create reasonable doubt.
Frame-up/Implanting of Evidence
- Allegations must be substantiated; however, credible, material inconsistencies and procedural lapses may support acquittal.
Lack of Knowledge (Animus Possidendi)
- Particularly relevant to constructive possession cases (shared spaces, vehicles, parcels).

6) Sentencing, Fines, and Collateral Consequences

Imprisonment: 20 years and 1 day to life imprisonment (range allows courts to calibrate based on facts, but once life imprisonment is imposed, the Indeterminate Sentence Law does not apply).
Fine: ₱400,000 – ₱500,000 (mandatory, separate from imprisonment).
Subsidiary imprisonment: Not allowed to satisfy the fine when the principal penalty is life or a penalty higher than prision correccional.
Probation: Unavailable (penalty exceeds 6 years).
Parole/Pardon: Governed by Board of Pardons and Parole rules; life imprisonment has stringent standards.
Foreign nationals: May face deportation after serving sentence.

7) Bail and Custody Considerations

Offenses punishable by life imprisonment are non-bailable as a matter of right.
For 7 grams (penalty range reaches life), bail is discretionary and hinges on whether the evidence of guilt is strong. Courts hold a bail hearing where the prosecution must show strength of its case.

8) Plea Bargaining Landscape (Drug Cases)

The Supreme Court has issued a plea bargaining framework for drug cases. In practice:

Eligibility and acceptable pleas depend on the offense and quantity.
For possession involving 7 grams of shabu, acceptable plea options are generally narrow because the charged penalty already reaches life imprisonment.
Courts look at quantity, role, criminal history, and public interest; the prosecutor’s stance and court approval are both critical.

Bottom line: With 7 grams, plea bargaining is significantly constrained compared to very small-quantity cases.

9) Special Situations

Minors (R.A. 9344, as amended): Children in conflict with the law receive differentiated handling (diversion, intervention). For serious drug offenses, cases proceed in Family Courts, with protective measures and discernment inquiry.
Drug Dependence & Treatment: Voluntary submission programs under R.A. 9165 primarily address use/dependence; they typically do not extinguish criminal liability for possession at the 7-gram level.
Proximity to Schools/Protected Zones: Enhanced penalties are explicit for sale/trafficking (e.g., within 100 meters of schools). Mere possession is not ordinarily subject to these location-based enhancements, but aggravating factual contexts can influence the court’s choice within the statutory range.

10) Evidentiary Checklists for Both Sides

For the Prosecution

Immediate marking at the scene in the presence of required witnesses;
Duly signed and photographed inventory with timestamps/location;
Documented chain (seizure → investigator → lab → court);
Forensic report and chemist testimony; and
Clear quantity attribution (gross/net weight, calibration notes).

For the Defense

Challenge lawfulness of the seizure (warrant/exception);
Probe when/where the marking occurred and who witnessed it;
Identify breaks/gaps in custody and unexplained deviations from Sec. 21;
Examine weight discrepancies or mismatched markings;
Highlight procedural noncompliance and credibility issues in testimonies.

11) Practical Guidance if Charged or Investigated

Invoke counsel early. Statements made during custodial investigation without counsel can be excluded.
Preserve evidence (CCTV, bodycam availability, GPS logs, messages) that may undermine the State’s narrative.
Document injuries or irregularities during arrest.
Attend bail hearings prepared to challenge the strength of the prosecution’s evidence.
Avoid admissions about knowledge or ownership outside counsel’s presence.

12) Quick FAQ

Is 7 grams automatically “life imprisonment”? Not automatically; the statutory range is 20 years and 1 day to life imprisonment with a ₱400k–₱500k fine. The court fixes the penalty within that range based on the case record.
Can the case be dismissed for chain-of-custody lapses? Yes, material lapses without adequate justification often lead to acquittal because the drug is the corpus delicti.
Is probation possible? No. The penalty range far exceeds the probation law threshold.
Is bail a right? No (for this quantity bracket). Bail is discretionary and depends on whether the evidence of guilt is strong.

Final Note

This article explains the black-letter law and prevailing procedural and evidentiary principles applicable to possession of 7 grams of shabu under Philippine law. Individual outcomes vary with facts, evidence handling, and judicial findings. For concrete situations, consult a Philippine criminal defense lawyer experienced in drug prosecutions.