the dangerous drugs act of

Memorandum of AuthoritiesLeo Buenaventura , Lear Buenaventura And Levi Buenaventura Vs. People of the Philippines X--------------------------------------------------------X

According to Article 2 Section 4 of the Comprehensive Dangerous

Drugs Act of 2002:

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to

Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized

by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch

in transit or transport any dangerous drug, including any and all species of opium poppy

regardless of the quantity and purity involved, or shall act as a broker in any of such

transactions.

In the case at bar, the respondent brothers were caught red-

handed carrying marijuana while in transport to Catanduanes, Clearly

violating the provision of the said law.

Regarding the validity of the search conducted, the search was

conducted on an inspection counter in which every baggage that goes

in and out of the port is checked as a regulatory and precautionary

measure, hence, the search was lawful.


Also their overt acts belied their innocence, the mere fact that they

first hesitated to open up their package and the indiscreet and their

admission of obvious guilt by running away , if they were truly

innocent, they wouldn’t even hesitate to open their baggage for

inspection.

The Appellants cannot deny the fact that their darling brother also

transgressed the Comprehensive Dangerous Drugs Act of 2002 by

possessing drug paraphernalia to wit:

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day to

four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos

(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or

have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or

intended for smoking, consuming, administering, injecting, ingesting, or introducing any

dangerous drug into the body: Provided, That in the case of medical practitioners and various

professionals who are required to carry such equipment, instrument, apparatus and other

paraphernalia in the practice of their profession, the Board shall prescribe the necessary

implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended

for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that

the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used

a dangerous drug and shall be presumed to have violated Section 15 of this Act.


As to the legality of their arrest the Petitioner would like to impress

upon the accused that there are only certain cricumstances under the

revised rules of court in which valid warrantless arrest could be taken

into consideration:

Sec 5. Arrest without warrant; when lawful. A peace officer or a private person may, without a

warrant, arrest a person:

(a) When in his presence, the person to be arrested has committed, is actually committing, or is

attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of facts

indicating that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or

place where he is serving final judgment or temporarily confined while his case is pending, or

has escaped while being transferred from one confinement to another.

The arrest of the two brothers were made while they were committing

the infraction against the law by transporting marijuana to catanduanes.

So their arrest was lawful.


PRAYER

WHEREFORE,respondent respectfully prays that the instant

petition be DISMISSED for severely lacking merit and the assailed

arrest be held legal.

City of Manila, October 14, 2011

Gavin Reyes Custodio

Associate Solicitor

Roll No. 666

IBP No.773877- 04/21/91

the dangerous drugs act of

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