Mitigating circumstance in drug cases

Dear PAO

I was informed that voluntary surrender and confession can help lessen the penalty of an accused in a criminal case. As such, I want to know if the same is true against an alleged violator of the Anti-Dangerous Drugs Law. Would confession and voluntary surrender lessen the penalty of an accused involved in a drug related case?

Andre

Dear Andre, The answer to your question depends on whether the accused is a minor or not. Although Act Number 3815, otherwise known as the Revised Penal Code, states that the act of voluntary surrender and confession are considered as a mitigating circumstance, i.e. a circumstance which could lessen the imposable penalty, it is worth emphasizing that its application to Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act, cases depends largely on whether the accused is a minor or not.

Section 98 of the Comprehensive Dangerous Drugs Act reads, viz:

“Section 98. Limited Applicability of the Revised Penal Code. –Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.” (Emphasis and underscoring supplied)

Applying the foregoing to your question, voluntary surrender and confession can only be appreciated and applied if the accused, in a Dangerous Drugs Act case, is a minor. Otherwise, such act of voluntary surrender and confession under the Revised Penal Code cannot be used to lessen the penalty of an accused charged with a violation of the Comprehensive Dangerous Drugs Act.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.