The CA affirmed the trial court’s judgment. It held that the designations in the Informations are for violations of Sections 15 and 16 of RA 6425 that define and penalize the crimes of illegal sale and illegal possession of regulated drugs. While the allegations in the Informations refer to unauthorized sale and possession of “shabu” or methamphetamine hydrochloride, and not of ephedrine, the allegations are however immediately followed by the qualifying phrase “which is a regulated drug.” Stated differently, the CA held that the designations and allegations in the informations are for the crimes of illegal sale and illegal possession of regulated drugs. There being no dispute that ephedrine is a regulated drug, pursuant to Board Resolution No. 2, Series of 1988, issued by the Dangerous Drugs Board on March 17, 1988, the CA ruled that the appellant is deemed to have been sufficiently informed of the nature of the crime with which he is accused. The fact that the chemical structures of ephedrine and methamphetamine are the same except for the presence of an atom of oxygen in the former strengthens this ruling.[8]
However, the CA modified the penalty imposed by the trial court in Criminal Case No. 01-189458. It held that in the absence of any mitigating or aggravating circumstances in this case, the penalty should be imposed in its medium period, ranging from six months of arresto mayor, as minimum, to two years, four months and one day of prision correccional, as maximum. Thus, the dispositive portion of the Decision of the CA reads:
The prosecution’s evidence satisfactorily proved that appellant is guilty of illegal sale of a dangerous drug.
The prosecution successfully proved that appellant violated Section 15, Article III of RA 6425. The prosecution’s evidence established the concurrence of the elements of an illegal sale of a dangerous drug, to wit: (1) the identity of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment therefor.
In the instant case, the police officers conducted a buy-bust operation after receiving confirmed surveillance reports that the appellant was engaged in the illicit sale of dangerous drugs at No. 630 San Andres Street Manila
The police buy-bust team apprehended the appellant for the sale of a white crystalline substance then proceeded to search the premises. They found a large quantity of the same substance inside the bag that contained the two sachets of the regulated drug sold to PO1 Balais. Appellant did not offer any explanation why he is in custody of the said substance. Neither did the appellant present any authorization to possess the same. “Mere possession of a regulated drug per se constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused absent a satisfactory explanation of such possession – the onus probandi is shifted to the accused, to explain the absence of knowledge or animus possidendi.” With the burden of evidence shifted to the appellant, it was his duty to explain his innocence on the regulated drug seized from his person. However, as already mentioned, he did not offer any excuse or explanation regarding his possession thereof.
Thus, on March 17, 1988, pursuant to Section 20(8) of RA 6425, as amended, the Dangerous Drugs Board in its Board Regulation No. 2, S. 1988, classified as regulated drug all raw materials of ephedrine, as well as preparations containing the said drug. The chemical formula of ephedrine is C10 H15 NO, whereas that of methamphetamine is C10 H15 N. The only difference between ephedrine and methamphetamine is the presence of a single atom of oxygen in the former. The removal of the oxygen in ephedrine will produce methamphetamine. With ephedrine containing fifty percent (50%) of methamphetamine hydrochloride if the oxygen content in the former is removed, the nearly 680 grams of ephedrine seized from the appellant contains about 340 grams of methamphetamine hydrochloride.
Moreover, as correctly observed by CA, the offenses designated in the Informations are for violations of Sections 15 and 16 of RA 6425, which define and penalize the crimes of illegal sale and possession of regulated drugs. The allegations in the Informations for the unauthorized sale and possession of “shabu” or methamphetamine hydrochloride are immediately followed by the qualifying phrase “which is a regulated drug”. Thus, it is clear that the designations and allegations in the Informations are for the crimes of illegal sale and illegal possession of regulated drugs. Ephedrine has been classified as a regulated drug by the Dangerous Drugs Board in Board Resolution No. 2, Series of 1988.
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