7/23/24, 7:40 PM G.R. No.

228373

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Manila

THIRD DIVISION

[ G.R. No. 228373. March 12, 2018 ]

PEOPLE OF THE PHILIPPINES, PETITIONER, V. PO1 JOHNNY K. SULLANO, RESPONDENT.

DECISION

GESMUNDO, J.:

This is a petition for review on certiorari seeking to reverse and set aside the Decision1 promulgated on June 10,
2016 and Resolution2 promulgated on November 17, 2016 of the Court of Appeals-Cagayan de Oro City (CA) in CA-
G.R. SP No. 06247-MIN. The CA affirmed the Order3 dated March 7, 2014 and Resolution4 dated April 8, 2014 of
the Regional Trial Court of Butuan City, Branch 4 (RTC) in Crim. Case No. 16757 which granted the demurrer of
evidence of accused PO1 Johnny K. Sullano (respondent) and dismissed the case for violation of Section 15, Article
II, Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)
against respondent.

The Antecedents

On October 16, 2012, Senior Superintendent Nerio T. Bermudo (P/SSupt Bermudo), the City Director of the
Butuan City Police Office, ordered fifty (50) randomly selected police officers under the Butuan City Police Office to
undergo drug testing pursuant to Section 36, Article III of R.A. No. 9165. Among those who underwent testing was
respondent, a police officer at Butuan City Police Station 5.

Respondent's urine sample was received on October 17, 2012. According to the Initial Chemistry Report5 of the
Philippine National Police Regional Crime Laboratory Office 13, the test conducted on respondent's urine specimen
gave a positive result for the presence of methamphetamine. The confirmatory test6 on the same specimen
completed on November 5, 2012 yielded the same result.

Given the result of the random drug test and confirmatory test, P/SSupt. Bermudo filed a Complaint
Affidavit7 against respondent for violation of Section 15, Article II of R.A. No. 9165. In lieu of a counter-affidavit,
respondent filed a Manifestation,8 wherein he claimed that he voluntarily submitted to the random drug test ordered
by P/SSupt. Bermudo; the urine sample he submitted gave a positive result to the presence of methamphetamine;
he did not use the dangerous drug but had no means to contest the test's veracity; and he entered into a
rehabilitation program with Cocoon Foundation for Substance Abuse. He concluded by pleading for the dismissal of
the complaint against him.

Assistant City Prosecutor Isabel Corazon Cabuga-Plaza recommended the dismissal of the complaint through a
Resolution9 dated February 1, 2013.10 This was reversed by Deputy City Prosecutor Aljay O. Go in an Order11 dated
April 8, 2013, finding probable cause against respondent. Consequently, an information was filed, the delictual
allegations of which read:

That sometime on October 17, 2012 at Butuan City, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused not being authorized by
law, did then and there wilfully, unlawfully and feloniously use methamphetamine hydro
chloride, otherwise known as shabu, which is a dangerous drug and found positive for
use, after a confirmatory test.

CONTRARY TO LAW. (Violation of Section 15, Article II of Republic Act No. 9165,
as amended)12

Respondent pleaded not guilty to the charge. Trial then ensued. After the prosecution rested its case,
respondent filed a Demurrer to Evidence.13

In his Demurrer to Evidence,14 respondent argued that the case against him should be dismissed as the State
failed to adduce sufficient evidence to prove his guilt beyond reasonable doubt. The essential elements of the crime
were not proven as it was never asserted that respondent was apprehended or arrested or actually caught using
any dangerous drug.

RTC Ruling

The RTC granted the demurrer to evidence through its order dated March 7, 2014. The RTC relied upon the
wording of Sec. 15, Article II of R.A. No. 9165 articulating its reasoning thus:

It pre-supposes that accused was arrested or apprehended committing a crime

and therefore should be subjected to a drug examination, considering that this could be
alleged as an aggravating circumstance in any criminal case filed against him.

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In this case, the accused was never arrested nor apprehended committing an
offense. He was only subjected to a random drug examination per directive of the PNP
Superior Officer.

It is the opinion of the Court that the accused should not be charged for violation of
Section 15, Article II of R.A. 9165, but, should be administratively charged for being a
user of prohibited drugs under the other provisions of R.A. 9165.

WHEREFORE, premises considered, the Demurrer to Evidence is granted.

This case is dismissed, for insufficiency of evidence.

The bail bond in the amount of Thirty thousand pesos (₱30,000.00) as evidence
per Official Receipt No. 3502863, dated June 20, 2013 is ordered cancelled and
released to the bondsman, Mr. Juanito A. Sullano.

SO ORDERED.15

Petitioner filed a motion for reconsideration of this RTC order. The same was denied in the resolution dated April
8, 2014, citing that there was no good reason to grant the motion for reconsideration.

CA Ruling

Due to the dismissal of the case, petitioner filed a petition for certiorari with the CA, alleging that the RTC
committed grave abuse of discretion in granting the demurrer to evidence.

In its decision dated June 10, 2016, the CA was not convinced of petitioner's arguments and denied the petition.
The CA ratiocinated:

As can be deduced from the foregoing, the elements to be charged under Section
15 of R.A. 9165 are as follows: 1) a person is apprehended or arrested; 2) the said
person was subjected to a drug test; and 3) the person tested positive for use of any
dangerous drug after a confirmatory test.

In the case at bar, the first element for private respondent to be charged under
Section 15 of R.A. 9165 is absent. It bears stressing that private respondent was not
apprehended nor arrested. As borne by the records, private respondent was subjected
to a random drug testing conducted by the PNP Crime Laboratory as directed by P/S
Superintendent Bermudo. Accordingly, as correctly pointed out by the trial court, there
is no sufficient evidence to charge private respondent for violation of Section 15 of R.A.
9165.

The findings of the trial court also finds support in the recent case of Dela Cruz v.
People. xxx

In fine, petitioner have failed to show that the trial court capriciously and
whimsically exercised its discretion or grossly misapprehended the facts in granting the
demurrer to evidence filed by private respondent. Grave abuse of discretion implies
such capricious and whimsical exercise of judgment as is equivalent to lack of
jurisdiction. It is a patent and gross abuse of discretion amounting to an evasion of
positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in
contemplation of law as where the power is exercised in an arbitrary and despotic
manner by reason of passion and hostility. Absent any showing that trial court abused
its discretion, much less gravely, the instant petition must be dismissed.16

The fallo of the decision reads:

WHEREFORE, the petition is DISMISSED. The Order dated March 7, 2014 and
Resolution dated April 8, 2014 of the Regional Trial Court, Branch 4, Butuan City, in
Criminal Case No. 16757 [are] AFFIRMED.

SO ORDERED.17

Petitioners filed a motion for reconsideration but the same was denied for lack of merit.

Hence, this petition, raising the sole issue of - whether the CA committed a reversible error when it held that
Hon. Godofredo B. Abul, Jr., in his capacity as the Presiding judge of the Butuan City RTC, Branch 4, did not gravely
abuse his discretion, amounting to lack or excess of jurisdiction, in granting respondent's demurrer to evidence.18

Petitioner contends that the CA erred in interpreting R.A. No. 9165, instead insisting that Section 15, Article II of
R.A. No. 9165 does not exclusively apply to circumstances where the accused was apprehended or arrested. To
petitioner, once the results of the mandatory drug test showed a positive result, the person tested may be criminally
prosecuted under Section 15, Article II of R.A. No. 9165. In the instant case, since there was an order for
respondent to undergo mandatory drug testing, and the initial and confirmatory tests gave a positive result, he was
properly charged with violating Section 15, Article II of R.A. No. 9165 in relation to Sec. 36, Article III of R.A. No.
9165.

Petitioner maintains that under Section 36, Article II of R.A. No. 9165, arrest or apprehension of the accused is
not required prior to the submission to drug examination. Random drug tests are allowed under certain
circumstances, which include the instant case. Petitioner further insists that the case of Dela Cruz v. People of the
Philippines19 (Dela Cruz) does not preclude the application of Section 36, Article III of R.A. No. 9165 in relation to
Section 15, Article II of R.A. No. 9165. To petitioner, the narrow interpretation of Section 15 will result in an absurd
situation where an individual, found to be positive for the use of dangerous drugs through a random mandatory drug
test, may not be penalized.

Petitioner further claims grave abuse of discretion on the part of the RTC judge when the latter found that
respondent should only be held administratively liable for his conduct. Petitioner also points out that respondent

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failed to comply with Section 54, Article VIII of R.A. No. 9165, and respondent was likewise not exempt from criminal
liability under Section 55, Article VIII of R.A. No. 9165 for his failure to justify his exemption.

Finally, petitioner avers that respondent is not placed in double jeopardy as the instant case is an exception to
the rule, there being grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the trial
judge.

On the other hand, respondent maintains that a person may only be charged of violating Section 15, Article II of
R.A. No. 9165, if he was apprehended or arrested, and later found to be positive for use of any dangerous drugs.
Petitioner expands the scope of Section 15 even when the information did not relate the respondent's offense to
Section 36, Article III of R.A. No. 9165. An indictment under Section 15 is totally different from Section 36; they are
not interchangeable. Petitioner's position effectively denies respondent his right to be informed of the nature and
cause of the allegations against him. Finally, the petition places the accused in double jeopardy as his acquittal is
final and unappealable.

The Court's Ruling

The petition is unmeritorious. (awÞhi(

At the heart of this petition is the question of whether Section 15, Article II of R.A. No. 9165 requires the
apprehension or arrest of a person for the latter to be considered as violating the provision. Taking into consideration
the text of the law itself, general criminal law principles, and previous jurisprudential interpretation, the answer is in
the affirmative, given the specific facts of this case.

The provision, Section 15, Article II of R.A. No. 9165, reads:

Section 15. Use of Dangerous Drugs. — A person apprehended or arrested,

who is found to be positive for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in
a government center for the first offense, subject to the provisions of Article VIII
of this Act. If apprehended using any dangerous drug for the second time, he/she
shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from Fifty thousand pesos (PhP50,000.00) to Two
hundred thousand pesos (PhP200,000.00): 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. (emphasis supplied)

Petitioner claims that this section should be read in conjunction with Section 36, Article III of the same law, which
mandates the random drug testing for certain employees, and pertinently includes police officers like respondent.
Section 36, Article III of R.A. No. 9165 states:

Section 36. Authorized Drug Testing. - Authorized drug testing shall be done by
any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results. The DOH
shall take steps in setting the price of the drug test with DOH accredited drug testing
centers to further reduce the cost of such drug test. The drug testing shall employ,
among others, two (2) testing methods, the screening test which will determine the
positive result as well as the type of the drug used and the confirmatory test which will
confirm a positive screening test. Drug test certificates issued by accredited drug
testing centers shall be valid for a one-year period from the date of issue which may be
used for other purposes. The following shall be subjected to undergo drug testing:

xxx

(e) Officers and members of the military, police and other law enforcement
agencies. - Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;

In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
(emphasis supplied)

The constitutionality of certain portions of Section 36 has already been questioned in Social Justice Society v.
Dangerous Drugs Board and Philippine Drug Enforcement Agency20 (SJS).

As stated, several factors militate against petitioner's construction of the phrase "a person apprehended or
arrested" appearing in Section 15. It is likewise important to note that the allegations in the information against
respondent clearly state that he is only being prosecuted for Section 15 and nowhere in the information was it stated
that it should, be read in relation to Section 36.

The cardinal rule in statutory construction is the plain-meaning rule. Verba legis non est recendendum - "from
the words of a statute there should be no departure." When the statute is clear, plain, and free from ambiguity, the
words should be given its literal meaning and applied without attempted interpretation.21 Especially for penal
provisions, it is not enough to say that the legislature intended to make a certain act an offense, the legislature must
use words which in some way express that intent.22

An analysis of the construction of the sentence yields no other conclusion. Section 15 is unambiguous: the
phrase "apprehended or arrested" immediately follows "a person," thus qualifying the subject person. It necessarily
follows that only apprehended or arrested persons found to be positive for use of any dangerous drug may be
prosecuted under the provision.

Moreover, the elementary rule in statutory construction that the express mention of one person, thing, act, or
consequence excludes all others, also known as expressio unius est exclusion alterius, is relevant and applicable.
This rule applies where the very terms of the statute expressly limit it to certain matters; thus it may not, by
interpretation or construction, be extended to others. The legislature would not have made specified enumerations in
a statute had the intention been not to restrict its meaning and to confine its terms to those expressly

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23
mentioned. In the provision in question, Congress itself confined and restricted the liability arising from use of
dangerous drugs to those who were apprehended or arrested if charged with a violation of Section 15.

Petitioner also advances the argument that a narrow interpretation of Section 15 will result in an absurd situation
where a person found to be positive for use of dangerous drugs through Section 36 may not be penalized for not
being arrested or apprehended, rendering Section 36 meaningless.

The Court disagrees.

The information, quoted above, against respondent is straightforward: respondent "wilfully, unlawfully and
feloniously use methamphetamine hydrochloride, otherwise known as shabu, which is a dangerous drug and found
positive for use, after a confirmatory test." The essential element, i.e. the accused was apprehended or arrested,
was not specifically alleged. Moreover, nowhere in the information was Section 36 mentioned. Urging the inclusion
of Section 36 in accusing the respondent of the crime will deprive the latter of the opportunity to prepare his defense
and violate his constitutional right to be informed of the nature and cause of the accusation against him. An
information must be complete, fully state the elements of the specific offense alleged to have been committed as an
information is a recital of the essentials of a crime, delineating the nature and cause of the accusation against the
accused.24 Convicting an accused of a ground not alleged while he is concentrating his defense against the ground
alleged would plainly be unfair and underhanded.25 This appears to be petitioner's intention here and should not be
condoned.

It is true that every part of a statute must be considered together with other parts, and kept subservient to the
general intent of the whole law. The statute's clauses and phrases must not be taken as detached and isolated
expressions, but the whole and every part thereof must be considered in fixing the meaning of any of its parts in
order to produce a harmonious whole.26 Parenthetically, the Court finds no difficulty in harmonizing Section 36 with a
strict interpretation of Section 15. Section 36, last paragraph states "[I]n addition to the above stated penalties in this
Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this
Act." This may be construed to mean that rehabilitation for six (6) months in a government center, as stated in
Section 15, may be imposed on those found positive of use of dangerous drugs through a random drug test. This
reading of the provisions would still pursue the intent of the law to encourage not the prosecution and incarceration
of those using dangerous drugs, but their rehabilitation. This reading especially finds relevance in this case as
respondent voluntarily submitted himself to rehabilitation.

Also, criminal law is rooted in the concept that there is no crime unless a law specifically calls for its
punishment. Nullum crimen poena sine lege. Another basic criminal law precept important to remember here is
in dubiis reus est absolvendus - all doubts should be resolved in favor of the accused. Any criminal law showing
ambiguity will always be construed strictly against the state and in favor of the accused.27

These concepts signify that courts must not bring cases within the provision of law that are not clearly embraced
by it. An act must be pronounced criminal clearly by the statute prior to its commission.28 The terms of the statute
must clearly encompass the act committed by an accused for the latter to be held liable under the provision. Hence,
it has been held:

For, it is a well-entrenched rule that penal laws are to be construed strictly against
the State and liberally in favor of the accused. They are not to be extended or enlarged
by implications, intendments, analogies or equitable considerations. They are not to be
strained by construction to spell out a new offense, enlarge the field of crime or multiply
felonies. Hence, in the interpretation of a penal statute, the tendency is to subject
it to careful scrutiny and to construe it with such strictness as to safeguard the
rights of the accused. If the statute is ambiguous and admits of two reasonable but
contradictory constructions, that which operates in favor of a party accused under its
provisions is to be preferred. The principle is that acts in and of themselves innocent
and lawful cannot be held to be criminal unless there is a clear and unequivocal
expression of the legislative intent to make them such. Whatever is not plainly within
the provisions of a penal statute should be regarded as without its intendment.

The purpose of strict construction is not to enable a guilty person to escape

punishment through a technicality but to provide a precise definition of forbidden
acts.29 (emphasis supplied)

Applying these age-old precepts to the case at bar, petitioner's arguments should be rejected. Petitioner wishes
to expand the coverage of Section 15 to cover those under Section 36, and beyond what is specifically limited by the
wording of the statue under Section 15, even when the information only alleges a violation of Section 15. Because of
the strict construction of penal laws, this is not possible.

Petitioner claims that the Dela Cruz case cannot be used here as the facts of the case are different. Indeed this
much is true. In Dela Cruz, Jaime De La Cruz, a public officer, was arrested in an entrapment operation for the crime
of extortion. After his arrest, he was required to submit his urine for drug testing. The issue tackled by the Court was
whether the drug test conducted on petitioner was legal. Nevertheless, the Dela Cruz ruling is helpful as to the
Court's interpretation therein of the coverage of the phrase "a person apprehended or arrested," to wit:

First, "[a] person apprehended or arrested" cannot literally mean any person apprehended or
arrested for any crime. The phrase must be read in context and understood in consonance with R.A.
9165. Section 15 comprehends persons arrested or apprehended for unlawful acts listed under
Article II of the law.

Hence, a drug test can be made upon persons who are apprehended or arrested for, among
others, the "importation", "sale, trading, administration, dispensation, delivery, distribution and
transportation", "manufacture" and "possession" of dangerous drugs and/or controlled precursors and
essential chemicals; possession thereof "during parties, social gatherings or meetings"; being
"employees and visitors of a den, dive or resort"; "maintenance of a den, dive or resort"; "illegal
chemical diversion of controlled precursors and essential chemicals"; "manufacture or delivery" or
"possession" of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or
controlled precursors and essential chemicals; possession of dangerous drugs "during parties, social
gatherings or meetings"; "unnecessary" or "unlawful" prescription thereof; "cultivation or culture of
plants classified as dangerous drugs or are sources thereof; and "maintenance and keeping of original

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records of transactions on dangerous drugs and/or controlled precursors and essential chemicals." To
make the provision applicable to all persons arrested or apprehended for any crime not listed
under Article II is tantamount to unduly expanding its meaning. Note that accused appellant here
was arrested in the alleged act of extortion.

A charge for violation of Section 15 of R.A. 9165 is seen as expressive of the intent of the law to
rehabilitate persons apprehended or arrested for the unlawful acts enumerated above instead of
charging land convicting them of other crimes with heavier penalties. The essence of the provision is
more clearly illustrated in People v. Martinez as follows:

xxxx

Furthermore, making the phrase "a person apprehended or arrested" in Section 15 applicable to all
persons arrested or apprehended for unlawful acts, not only under R.A. 9165 but for all other crimes, is
tantamount to a mandatory drug testing of all persons apprehended or arrested for any crime. To
overextend the application of this provision would run counter to our pronouncement in Social Justice
Society v. Dangerous Drugs Board and Philippine Drug Enforcement Agency, to wit:

. . .[M]andatory drug testing can never be random and suspicionless.

The ideas of randomness and being suspicionless are antithetical to their
being made defendants in a criminal complaint. They are not randomly
picked; neither are they beyond suspicion. When persons suspected of
committing a crime are charged, they are singled out and are impleaded
against their will. The persons thus charged, by the bare fact of being
haled before the prosecutor's office and peaceably submitting themselves
to drug testing, if that be the case, do not necessarily consent to the
procedure, let alone waive their right to privacy. To impose mandatory
drug testing on the accused is a blatant attempt to harness a medical test
as a tool for criminal prosecution, contrary to the stated objectives of RA
6195. Drug testing in this case would violate a person's right to privacy
guaranteed under Sec. 2, Art. III of the Constitution. Worse still, the
accused persons are veritably forced to incriminate
themselves.30 (Emphasis supplied)

The above ruling, in not extending the phrase "apprehended or arrested," is instructive. The Court recognized
that only apprehended or arrested persons for the specified offenses fall within the provisions of the law and the
Court already narrowly interpreted the terms of the statute, as it should be. Section 15 is thus already limited in
scope and coverage.

Furthermore, a grant of the petition would also expose respondent to double jeopardy. Truly, all the elements of
double jeopardy are present in respondent's case. Under exceptional circumstances, i.e., where there is grave
abuse of discretion on the part of the RTC, double jeopardy will not attach.31 As stated earlier and as ruled by the
CA, the dismissal of the case and grant of demurrer were not attended with grave abuse of discretion.

Considering the above, the inescapable conclusion is that Section 15 cannot be expanded to include
respondent, who underwent mandatory drug testing pursuant to Section 36 (e), Article III of R.A. No. 9165 where the
information only alleged a violation of Section 15. The letter of the law, basic statutory construction, criminal law
precepts, and jurisprudence are plainly incompatible with petitioner's line of reasoning. Thus, neither courts a
quo committed any grave abuse of discretion in granting the demurrer or a reversible error in dismissing the case
against the respondent. 1a⍵⍴h!1

WHEREFORE, the petition is DENIED. The June 10, 2016 Decision and the
November 17, 2016 Resolution of the Court of Appeals in CA-G.R. SP No. 06247-MIN
are hereby AFFIRMED.

SO ORDERED.

Velasco, Jr., (Chairperson), Bersamin, Leonen, and Martires, JJ., concur.

May 9, 2018

NOTICE OF JUDGMENT

Sirs/Mesdames:

Please take notice that on March 12, 2018 a Decision, copy attached hereto, was rendered by the
Supreme Court in the above-entitled case, the original of which was received by this Office on May 9,
2018 at 2:04 p.m.

Very truly yours,

(Sgd.) WILFREDO V. LAPITAN

Division Clerk of Court

Footnotes
1
Rollo, pp. 55-61; penned by Associate Justice Oscar V. Badelles with Associate Justices Romulo V. Borja
and Ronaldo B. Martin, concurring.
2
Id. at 63-66.
3
Id. at 88-89; penned by Judge Godofredo B. Abul, Jr.
4
Id. at 90.

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