“Transport” as used under the Comprehensive Dangerous Drugs Act of 2002 means “to carry or convey x x x from one place to another.” The essential element of the charge is the movement of the dangerous drug from one place to another[1]
“The essential element for the crime of illegal transportation of dangerous drugs is the movement of the dangerous drug from one (1) place to another. To establish the accused’s guilt, it must be proven that: (1) the transportation of illegal drugs was commiitedl and (2) the prohibited drug exists.
Proof of ownership of the dangerous drugs seized is immaterial. What is important is that the prosecution prove the act of transporting as well as identity and integrity of the seized drugs.”[2] (Citations omitted)
“There is no definitive moment when an accused “transports” a prohibited drug. When the circumstances establish the purpose of an accused to transport and the fact of transportation itself, there should be no question as to the perpetration of the criminal act. The fact that there is actual conveyance suffices to support a finding that the act of transporting was committed”[3]
The very act of transporting a prohibited drug, like in the instant case, is a malum prohibitum since it is punished as an offense under a special law. The mere commission of the act constitutes the offense and is sufficient to validly charge and convict an individual committing the act, regardless of criminal intent.
Since the crime is malum prohibitum, it is inconsequential to prove that the illegal drugs were delivered or transported to another person. The only thing that had to be proven was the movement of the illegal drugs from one place to another.
“The evidence on record established beyond reasonable doubt that accused-appellants were in possession of the illegal drugs and drug paraphernalia. The items were found inside the vehicle they were using at the time they were apprehended. In fact, accused-appellants tried to evade arrest by making an abrupt U-turn before reaching the checkpoint. They were also in possession of an illegal firearm and a bladed weapon. It is worthy to note that they both tested positive for the use of illegal drugs. Taking into consideration all the circumstances of the present case, there is no doubt that accused-appellants were transporting illegal drugs. Their bare, unsubstantiated, unpersuasive and uncorroborated denials will not suffice to absolve them from any liability.”[4]
“The transportation of dangerous drugs is punishable under Section 5, Article II of R.A. 9165. To be convicted under this provision, movement of the dangerous drugs from one place to another is essential. In People v. Asislo, We clarified that “[w]hen the circumstances establish the purpose of an accused to transport and the fact of transportation itself, there should be no question as to the perpetration of the criminal act. The fact that there is actual conveyance suffices to support a finding that the act of transporting was committed.”[5]
“Even if accused-appellants were investigated in a hostile environment, though the NBI office does not qualify as such, that factor alone will not taint the proceedings because of the exigent need on the part of the government agencies to act with dispatch to prevent the transportation of almost a kilogram of heroin from the Philippines to China. Without a clear showing that the rights of accused were violated, operatives have to devise a procedure altogether different from a buy-bust operation to be able to apprehend drug couriers bringing in and out of the country illegal drugs and all sorts of prohibited substances.”[6]
[1] People v. Dimaano, 780 Phil. 586 (2016) cited in People v. Amago and Vendiola, G.R. No. 227739, January 15, 2020
[2] People v. Noah, G.R. No. 288880, March 6, 2019
[3] People v. Asisio, 778, Phil. 509 (2016), cited in People v. Amago and Vendiola, G.R. No. 227739, January 15, 2020
[4] People v. Amago and vendiola, G.R. No. 227739, January 15, 2020
[5] People v. Alberto, G.R. No. 247906, February 10, 2021
[6] People v. alberto, G.R. No. 247906, February 10, 2021