
Use of dangerous drugs is absorbed by illegal possession of drugs.
Author: 79467545 • 45 views • 2023-01-15 21:59:08
Use of dangerous drugs is absorbed by illegal possession of drugs.
Section 15, Article II, RA 9165 on use of dangerous drugs, provides:
[...] Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. (End of emphasis).
It is clear from the above that the Section 15 does not apply when a person charged with violation of Section 15, Article II, RA 9165 on use of dangerous drugs, is also found to have possession of such quantity of drugs provided under Section 11 of the same law. This means that appellant may not be charged separately of violation of Section 11 on illegal possession of dangerous drugs and of Section 15 on use of dangerous drug since it is clear from the above that the provisions of Section 11 shall apply. Illegal possession of dangerous drugs absorbs the use of dangerous drugs. This is especially true in this case since appellant was not caught in the act of using drugs. Instead he was caught in the act of possessing drugs and drug paraphernalia. For this reason, the Court dismisses Criminal Case No. 14823-D against appellant on use of dangerous drugs as the same is absorbed by Section 11 on illegal possession of dangerous drugs.
G.R. No. 218402, February 14, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAMIL GALICIA Y CHAVEZ, Accused-Appellants.
https://www.chanrobles.com/cralaw/2018februarydecisions.php?id=178
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