Penalty for Possession of Shabu under the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)
1. Statutory Basis
- R.A. 9165, § 11 – “Possession of Dangerous Drugs.”
- Dangerous drug involved: methamphetamine hydrochloride, locally known as shabu.
- Quantity-based scheme: Congress calibrated the penalty to the weight actually seized, regardless of purity.
Note on the death-penalty clause. Section 11 still mentions “life imprisonment to death,” but Republic Act 9346 (2006) repealed capital punishment. The maximum penalty today is life imprisonment (interpreted by Philippine courts as imprisonment for the remainder of natural life, without eligibility for parole under the special laws).
2. Quantity Tiers and Corresponding Penalties
| Net weight of shabu confiscated | Imprisonment | Fine (₱) | Bailability | Observations |
|---|---|---|---|---|
| ≥ 10 g | Life imprisonment (formerly life-to-death) | 500,000 – 10,000,000 | Non-bailable (Constitution, Art. III, § 13) | Highest tier; prosecution need only prove weight & possession. |
| ≥ 5 g but < 10 g | Life imprisonment | 400,000 – 500,000 | Non-bailable (penalty exceeds 20 yrs.; bail discretionary) | Known in jurisprudence as the “mid-tier” quantity. |
| < 5 g | 12 yrs. & 1 day – 20 yrs. (reclusion temporal) | 300,000 – 400,000 | Bailable as a matter of right before conviction | Frequently charged when only a few sachets are recovered. |
If mixed with inert material (e.g., coffee grounds), the weight of the entire mixture is used; it is not analytically “scaled down.”
3. Elements the Prosecution Must Establish
Existence of the drug – Offered in evidence and formally identified in court.
Quantity and qualitative identity – Certified by PDEA-accredited chemist.
Conscious possession or control – Either actual (on the body) or constructive (dominion over the place/item).
Strict chain of custody under § 21, as amended by R.A. 10640:
- Immediate physical inventory and photograph;
- In the presence of (a) the accused or representative and (b) at least two of: (i) elected barangay official, (ii) DOJ representative, (iii) media practitioner;
- Marking, proper sealing, and turnover to the forensic chemist.
Failure to justify every link (seizure → custody → lab examination → presentation in court) ordinarily results in acquittal, regardless of quantity (People v. Lim, G.R. 231989, 10 Sept 2018).
4. Ancillary and Collateral Consequences
- Accessory penalties (Rev. Penal Code, Art. 41-45 applied suppletorily): perpetual absolute disqualification from public office and loss of political rights.
- Civil forfeiture of vehicles, vessels, or receptacles used (R.A. 9165, § 20).
- Disqualification from plea to “probationable” offenses because Sec. 11 is a special law carrying penalties above six years (Probation Law, P.D. 968).
5. Interaction with Other Statutes and Doctrines
| Scenario | Statutory / Jurisprudential Treatment |
|---|---|
| Minor offender (below 18) or one proven to be a drug dependent | May apply for voluntary rehabilitation under R.A. 9165, §§ 54-61 (mandatory suspension of sentence upon successful completion). R.A. 9344 (Juvenile Justice & Welfare Act) also governs. |
| Plea Bargaining | Supreme Court A.M. No. 18-03-16-SC (2018) allows a plea to §§ 12 (possession of paraphernalia) or 15 (use) only when the seized shabu weighs < 1 g and prosecution consents. |
| School-zone aggravation (within 100 m of a school) | § 25 aggravates sale or delivery, not simple possession; thus § 11 penalties stand. |
| Planting of evidence by law-enforcers | A separate, non-bailable offense under § 29, punishable by life imprisonment. |
6. Bail and Custody Pending Trial
- < 5 g cases – Bail is a matter of right; typical bonds range ₱200k–₱300k in Metro Manila.
- ≥ 5 g cases – Bail discretionary; the accused must show evidence of non-guilt. Courts rarely grant bail because the penalty is life imprisonment.
7. Illustrative Case Law (select)**
- People v. Mola (G.R. 244262, 16 Mar 2021) – 4.89 g of shabu: conviction reversed; chemist not presented, chain of custody broken.
- People v. Pundugar (G.R. 242721, 05 Apr 2022) – 14.08 g: conviction affirmed; inventory defect excused because police offered “justifiable grounds” and witnesses actually signed the chain-of-custody form.
- People v. Manansala (G.R. 217516, 25 Jan 2017) – 0.02 g: conviction reversed; marking made at station, not at place of arrest, without explanation.
*Case citations use final reported dates; no death-penalty sentences have been executed since 2006.
8. Sentencing Nuances
- Indeterminate Sentence Law (ISL) does not apply to life imprisonment; courts impose a single penalty.
- For the 12-to-20-year tier, courts must still apply the ISL and set a minimum within the range of prision mayor (6 yrs. & 1 day – 12 yrs.).
- Good-conduct time allowance (GCTA) under R.A. 10592 is theoretically available, but the Bureau of Corrections excludes “recidivists, habitual delinquents, escapees, and those charged under R.A. 9165” by policy; litigation on this point is ongoing.
9. Prescription and Double Jeopardy
- The crime does not prescribe (R.A. 9165, § 17) – prosecution may be initiated at any time after the offense.
- Acquittal on the ground of illegal search or evidentiary insufficiency bars re-prosecution for the same act (Const., Art. III, § 21).
Key Take-Aways
- Weight matters: fewer than 5 g can still mean up to 20 years; 5 g or more ordinarily forecloses bail and mandates life imprisonment.
- Chain-of-custody compliance is the single most litigated aspect; even multi-kilogram seizures have been dismissed for technical lapses.
- Death penalty text is obsolete; the harshest punishment is now life imprisonment plus a multimillion-peso fine.
- First-time or juvenile offenders may explore rehabilitation, diversion, or plea bargaining, but these avenues narrow as the quantity rises.
That covers the full statutory, jurisprudential, and procedural landscape of the penalty for possession of shabu under R.A. 9165 as of 31 May 2025.