534 Phil. 586
CARPIO, J.:
Police Superintendent Virgilio T. Ranes, Dipolog City Chief of Police, filed two criminal complaints for violation of Section 8, Article II and Section 16, Article III of Republic Act No. 6425[5] (RA 6425), as amended, against private respondent. After preliminary investigation, State Prosecutor Rodrigo T. Eguia filed two Informations before the Regional Trial Court in Dipolog City:
- Thirty-two small plastic sachets containing white crystalline granules believed to be shabu, weighing 2 grams;
- Six big plastic sachets containing white crystalline granules believed to be shabu, weighing 4.4 grams;
- One roll/stick of dried Indian hemp ("marijuana") leaves weighing 0.2 gram; and
- One small plastic sachet containing white crystalline granules believed to be shabu, weighing 0.05 grams.[4]
The undersigned Prosecutor of Region 9 accuses DANTE MAH y Cabilin of the crime of VIOLATION OF SECTION 16, ARTICLE III of R.A. 6425, as amended, committed as follows:
Criminal Case No. 9279That on October 6, 1999 at 10:30, more or less at corner Quezon Avenue and Mabini Streets, Barra, Dipolog City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, knowing fully well that unauthorized possession and control of regulated drug is punishable by law, did then and there willfully, unlawfully and feloniously have in his possession and control Thirty Two (32) pieces small plastic sachets and six (6) pieces big plastic sachet containing Methamphetamine Hydrochloride, more popularly known as "shabu," weighing a total of 6.4 grams, without any legal authority to possess the same, in gross Violation of Section 16, Article III, of R.A. 6425, as amended.
CONTRARY TO LAW.[6]
The undersigned State Prosecutor of Region 9 accuses DANTE MAH y Cabilin alias "Dodoy Mah" of the crime of "Violation of Section 8, Article II of Republic Act No. 6425, as amended", committed as follows:
Upon his arraignment on 28 October 1999, private respondent pleaded not guilty to the two charges.That on October 6, 1999 at 10:30 in the morning, more or less, at corner Quezon Avenue and Mabini Streets, Barra, Dipolog City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, knowing fully well that possession and use of prohibited drugs is punishable by law, did then and there willfully, unlawfully and feloniously have in his possession and control One (1) roll/stick dried marijuana leaves, without legal authority to possess the same, in gross Violation of Section 8, Article II of Republic Act No. 6425, as amended.
CONTRARY TO LAW.[7]
It is to be noted that the stuffs, "SHABU" and Marijuana Leaves are all prohibited and regulated drugs. But what is important is that the search and seizure was done at one time, the same place and at one occasion. Hence, there could be no two crimes committed, regardless of the two kinds of prohibited/regulated drugs that were confiscated from the accused. There is in this case a clear case of splitting one single criminal act into two separate crimes.The prosecution filed a motion for reconsideration,[12] arguing that violation of any of the provisions of RA 6425 constitutes a separate and distinct offense. The prosecution maintained that private respondent cannot be charged with violating Articles II and III of RA 6425 in one Information because that would be tantamount to charging him with more than one offense in a single Information. The trial court denied the motion in an Order[13] dated 2 May 2000.
Considering, however, that the penalty of this kind of offenses are based on the number of grams of the regulated/prohibited drugs, instead of having these cases dismissed, the Office of the City Prosecutor of Dipolog City is hereby directed to amend its information by filing one single information.[11]
In the case at bar, such intent to possess is the possession of a dangerous drug, however, without regard to the kind of substance involve[d], since both pertain to dangerous drugs, provided it will be duly established during trial, it shall make the accused liable for a violation of the Dangerous Drugs Act. As the possession of the dangerous drugs happened at the same time, same occasion, same place, it cannot be denied that only one violation [was] committed under the Dangerous Drugs Act, which is the possession of dangerous drugs. It is not controverted that at the time of the apprehension, what was found in his possession were [a] "marijuana" and "shabu." We shall not discount the fact that the circumstances surrounding the search and seizure point to none other but a single intent to possess a dangerous drug; not to mention that there is only one occasion, as compared to other cases wherein the alleged offense happened on different occasions, that with respect to the latter situation clearly it may not be said [that] there is only one intent. It can be inferred from the action of the accused and the surrounding circumstances that there was clearly one act intended by the former to perpetrate; it is apparent, that the accused seems to have a single intention, which is his intention to possess the said dangerous drugs. Thus, not just because it involves two different kinds of dangerous drugs make the said act to constitute two offenses. As has been repeatedly said by this Court, dangerous drugs refer to both prohibited and regulated drug.
x x x x
Petitioner contends that since there are two acts of possession, one is possession of a prohibited drug and the other is possession of a regulated drug, for that reason, there are two separate offenses that the accused may be held liable for. Petitioner puts forward the argument that it is immaterial that the "marijuana" and "shabu" were seized in the same place and on the same occasion. Petitioner further asserts that since two separate provisions of the Dangerous Drugs Act were violated, concomitantly, herein private respondent may be held liable for two distinct crimes under the said law. We hold otherwise. A careful look into the Dangerous Drugs Act would show that it specified the manner of commission of the particular acts that would amount to a violation of the said law, and one of which is the possession or use of a prohibited or regulated drug. Although the law has provided for two separate articles covering the possession or use of a prohibited and a regulated drug, it does not mean that there are two separate offenses that it speaks of. What the Dangerous Drugs Act penalizes is the specific act of possession or use of dangerous drugs, among others, regardless of the fact that it is a prohibited or a regulated drug.[18] (Emphasis in the original)
The trial court convicted the appellants of violating Section 16, in relation to Section 20, of Rep. Act No. 6425, as amended. The Office of the Solicitor General (OSG) asserts that the appellants should be convicted of violating Section 8 of Rep. Act No. 6425, as amended. We do not agree with the trial court and the OSG. We find and so hold that the appellants are guilty of two separate crimes: (a) possession of regulated drugs under Section 16, in relation to Section 20, of Rep. Act No. 6425, as amended, for their possession of methamphetamine hydrochloride, a regulated drug; and, (b) violation of Section 8, in relation to Section 20 of the law, for their possession of marijuana, a prohibited drug. Although only one Information was filed against the appellants, nevertheless, they could be tried and convicted for the crimes alleged therein and proved by the prosecution. In this case, the appellants were charged for violation of possession of marijuana and shabu in one Information which reads:
"That on or about March 9, 1998, in the Municipality of Urdaneta, province of Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together, did then and there willfully, unlawfully and feloniously have in their possession, control and custody the following:
-Three (3) pieces (sic) sachets of shabu
-Six (6) pieces opened sachets of shabu residue
-One (1) brick of dried marijuana leaves weighing 721 grams
-Twenty-four (24) tea bags of dried marijuana leaves weighing 86.3 grams
-Six [6] disposable lighter
-One (1) roll Aluminum foil
-Several empty plastics (tea bag)
-Cash money amounting to P12,536.00 in different denominations believed to be proceeds of the contraband.
without first securing the necessary permit/license to posses[s] the same.Just like Tira, this case involves illegal possession of both shabu and marijuana. Hence, it was only proper for the prosecution to file two separate Informations since there were two distinct and separate crimes involved. This is in accordance with the rule that a complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.[21]
CONTRARY to Sec. 8, in relation to Sec. 20 of R.A. 6425, as amended."
The Information is defective because it charges two crimes. The appellants should have filed a motion to quash the Information under Section 3, Rule 117 of the Revised Rules of Court before their arraignment. They failed to do so. Hence, under Rule 120, Section 3 of the said rule, the appellants may be convicted of the crimes charged.[20]