Case Summary (G.R. No. 148547)
Factual Background
On October 6, 1999, a search warrant was executed at the LS Lodge, leading to the discovery of various illegal substances in the possession of the private respondent. The items seized included thirty-two small plastic sachets and six large plastic sachets of methamphetamine hydrochloride, commonly known as shabu, and additional marijuana leaves. Following this search, the authorities charged the private respondent with two separate Informations for violations under Republic Act No. 6425, concerning marijuana and shabu, prompting subsequent legal challenges based on the assertion of improper splitting of offenses.
Charges and Prosecution's Actions
The prosecution filed two distinct Informations against the private respondent: one for the possession of shabu (Criminal Case No. 9272) and another for marijuana (Criminal Case No. 9279). During the arraignment on October 28, 1999, the private respondent entered a plea of not guilty for both charges. Subsequently, the respondent filed a motion to dismiss the second charge on the grounds that both illegal possessions constituted a single act arising from one occasion, effectively splitting a single cause of action into two charges.
Trial Court Proceedings
In response to the motion, the trial court, presided over by Judge Empleo, determined through a resolution dated April 3, 2000, to consolidate the charges into a single Information due to the nature of the offense occurring at one time and place. The court noted the potential issue of splitting a single criminal act into separate cases and directed the prosecution to revise the charges accordingly.
Court of Appeals Ruling
Upon the petitioner's filing of a certiorari petition against the trial court's resolution, the Court of Appeals upheld the trial court's order, asserting that only a single violation, that of possession of dangerous drugs, had taken place. The appellate court reasoned that the simultaneous possession of both shabu and marijuana should not count as two separate offenses but rather as one unified act of possession under the Dangerous Drugs Act, which they interpreted as encompassing both types of substances under common culpability.
Supreme Court Determination
The Supreme Court adjudicated the matter and found merit in the petitioner’s stance. It overturned the decisions of the lower courts, emphasizing that the illegal possession of shabu and marijuana constitutes distinct offenses due to the differing legal provisions governing prohibited and regulated drugs, as delineated in RA 6425. The Court underscored the import
...continue readingCase Syllabus (G.R. No. 148547)
The Case
- This petition for review on certiorari seeks to reverse the Decision promulgated on June 19, 2001, by the Court of Appeals in CA-G.R. SP No. 59269.
- The Court of Appeals affirmed the Resolution and Order of Judge Marcial G. Empleo of the Regional Trial Court of Dipolog City, Branch 9, which directed the prosecutor to amend two Informations into a single Information.
The Facts
- On October 6, 1999, a search warrant was issued to seize shabu and paraphernalia from the room rented by private respondent Dante Mah at LS Lodge in Dipolog City.
- The police officers seized:
- 32 small plastic sachets of shabu weighing 2 grams.
- 6 big plastic sachets of shabu weighing 4.4 grams.
- 1 roll/stick of marijuana leaves weighing 0.2 grams.
- 1 small plastic sachet of shabu weighing 0.05 grams.
- Police Superintendent Virgilio T. Ranes filed two criminal complaints against private respondent for violating Sections 8 and 16 of Republic Act No. 6425, as amended.
- State Prosecutor Rodrigo T. Eguia filed two Informations before the Regional Trial Court:
- Criminal Case No. 9272: Accusing possession of shabu.
- Criminal Case No. 9279: Accusing possession of marijuana.
- Private respondent pleaded not guilty to both charges upon arraignment on October 28, 1999.
- On February 17, 2000, private respondent filed a motion to dismiss Criminal Case No. 9279, arguing that the possession of d