Reviewer for Session 8

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    03-Nov-2015

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Criminal Law 2

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Reviewer for Session 8TOPICS: Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165) Illegal Possession of Firearms (R.A. No. 8294) Illegal Gambling (P.D. 1602, R.A. No. 9287)

TOPICAGGRAVATING/ QUALIFYING CIRCUMSTANCESATTEMPTED, FRUSTRATED STAGESOF FELONIESCONSPIRACYOTHERSTO REMEMBER

a. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the RPC shall be applicable.Attempt or conspiracy- any attempt or conspiracy to commit the following unlawful acts:a. Importation of any dangerous drug and/or controlled precursor and essential chemical;b. Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;c. Maintenance of a den, dive or resort where any dangerous drugs is used in any form;d. Manufacture of any dangerous drug and/or controlled precursor and essential chemical; ande. Cultivation or culture of plants which are sources of dangerous drugs. Written in third column.Cultivation or Culture of plants classified as dangerous drugs or are sources thereof- Any person who shall plant, cultivate or culture marijuana, opium poppy, or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or source from which any dangerous drug may manufactured or derived.

Den, Dive or Resort- A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

Elements to successfully prosecute a case of illegal possession of dangerous drugs:1. Accused in possession of the prohibited drugs.2. Such possession is not authorized by law.3. Accused freely and consciously possessed the drug.

b. Illegal Possession of Firearms (R.A. No. 8294)Aggravating circumstances- a. If homicide or murder is committed with the use of an unlicensed firearm. b. When a person commits any of the crimes defined in the RPC or special laws with the use of explosives, detonation agents or incendiary devices which results in the death of any person. Elements for the conviction of illegal possession of firearms: 1. Existence of firearm.2. Appellant who owned or possessed the firearm does not have license to possess the same.

Illegal Gambling (P.D. 1602, R.A. No. 9287)Personnel or Staff of Illegal Numbers Game Operation- Any person who acts in the interest of the maintainer, manager or operator, such as but not limited to an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted.

Important things to remember in the 3 cases:People v. Climaco: The information charged Climaco for violation of Comprehensive Dangerous Drugs Act for illegal possession and illegal sale of methamphetamine hydrochloride. The SC ruled that Climaco is acquitted because the corpus delicti is not proven and chain of custody is broken. Corpus delicti- the actual commission by someone of the particular crime charged. The corpus delicti in cases involving dangerous drugs is the presentation of dangerous drug itself. Chain of Custody- the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/ confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. The prosecution did not explain why the markings of the plastic sachets containing the alleged drugs, which were submitted to be TR- B and TR- R, became GSC- 1 and GSC- 2 in the Chemistry Report, thats why the SC ruled for the acquittal of Climaco because the chain of custody is broken.People v. Malinao: The information charged Malinao for Illegal Possession of Firearm in its aggravated form under Illegal Possession of Firearm Law. Illegal possession of firearm law, the use of an unlicensed firearm in a murder or homicide case is considered simply as a special aggravating circumstance in the crime of homicide or murder and no longer treated as separate offense in its aggravated form. The use of unlicensed firearm by Malinao may not be used as special aggravating circumstance because there is no proof that the crime of Murder is committed with the use of unlicensed firearm. Malinao is held liable for Murder with mitigating circumstance of voluntary surrender. From reclusion perpetua to death became reclusion perpetua.People v. Yuhico: The information charged Yuhico of the crime of Arson. Cannot raise drug addiction as an Exempting Circumstance because under R.A. No. 9165, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of the crime. Yuhico is not suffering from pyschosis or any gross physical and neurological deficiency. SC ruled that Yuhico is guilty of the crime of Arson.

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