In the Philippine legal landscape, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, serves as the primary framework for drug-related offenses. Among its most litigated provisions is Section 11, which penalizes the "Possession of Dangerous Drugs."
The penalties under this section are strictly graduated, meaning the severity of the prison sentence and the accompanying fine depend almost entirely on the type and quantity of the drug found in the offender's possession.
1. Life Imprisonment and Maximum Fines
The harshest penalties are reserved for cases involving large quantities of drugs or specific types of substances, regardless of quantity. Possession of the following amounts triggers Life Imprisonment and a fine ranging from P500,000 to P10,000,000:
- 10 grams or more of Opium, Morphine, Heroin, Cocaine (or derivatives).
- 50 grams or more of Methamphetamine Hydrochloride (Shabu).
- 10 grams or more of Marijuana Resin or Marijuana Resin Oil.
- 500 grams or more of Marijuana (Indian Hemp).
- 10 grams or more of other dangerous drugs such as MDMA (Ecstasy), PMA, TMA, LSD, and GHB.
2. Graduated Penalties for Methamphetamine (Shabu)
For amounts of Shabu less than 50 grams, the law provides a sliding scale of imprisonment:
| Quantity of Shabu | Prison Sentence | Monetary Fine |
|---|---|---|
| 10 grams to less than 50 grams | Life Imprisonment | P400,000 – P500,000 |
| 5 grams to less than 10 grams | 20 years and 1 day to Life Imprisonment | P400,000 – P500,000 |
| Less than 5 grams | 12 years and 1 day to 20 years | P300,000 – P400,000 |
3. Penalties for Other Dangerous Drugs
For drugs other than Shabu (such as Cocaine, Ecstasy, or Morphine), if the quantity is less than 10 grams, the penalties are as follows:
- 5 grams to less than 10 grams: 20 years and 1 day to Life Imprisonment and a fine of P400,000 to P500,000.
- Less than 5 grams: 12 years and 1 day to 20 years and a fine of P300,000 to P400,000.
4. Penalties for Marijuana (Leaves/Plant)
Because Marijuana is weighed differently under the law, the thresholds for smaller quantities are higher:
- 300 grams to less than 500 grams: 20 years and 1 day to Life Imprisonment and a fine of P400,000 to P500,000.
- Less than 300 grams: 12 years and 1 day to 20 years and a fine of P300,000 to P400,000.
5. Possession During Social Gatherings (Section 13)
It is important to note that if possession occurs during a party, social gathering, or meeting (at least three persons), the maximum penalties provided for in Section 11 are imposed, regardless of the quantity of the drugs found, provided the individuals were acting in conspiracy.
6. The "Chain of Custody" Requirement (Section 21)
In Philippine jurisprudence, a conviction under Section 11 requires not just proof of possession, but proof of the integrity of the corpus delicti (the drug itself). Under Section 21 of RA 9165 (as amended by RA 10640), the arresting team must follow strict protocols:
- Immediate Inventory: The drugs must be inventoried and photographed immediately after seizure.
- Witnesses: The inventory must be conducted in the presence of the accused (or representative), an elected public official, and a representative from the National Prosecution Service or the media.
- Chain of Custody: The prosecution must prove an unbroken link from the moment the drug was seized to its presentation in court.
Legal Note: Failure to comply with the chain of custody rule often results in the acquittal of the accused, as it creates reasonable doubt regarding the identity and integrity of the seized evidence.
Summary of Legal Implications
Possession under Section 11 is a malum prohibitum offense, meaning the intent to commit a crime is not required; the mere fact of unauthorized possession is enough for conviction. However, the accused must have animus possidendi (intent to possess), which is often presumed if the drugs are found under their constructive control, unless proven otherwise.