Omission of Drug Quantity in Information: Can Conviction Still Stand?

The charge sheet says a person possessed shabu but does not state how much. Can that person still be convicted? In a 2023 ruling, the Supreme Court settled this question: the omission does not automatically defeat a conviction, but it can affect the penalty imposed.

The legal framework: RA 9165

Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, governs drug offenses in the Philippines. Under Section 11, the penalty for illegal possession of dangerous drugs depends on the quantity involved. For shabu (methamphetamine hydrochloride), possession of less than five grams carries imprisonment of 12 years and one day to 20 years, plus a fine of PHP 300,000 to PHP 400,000.

The Information is the formal charge filed in court. It must state the acts constituting the offense, including the time and place. The quantity of drugs is not an element of illegal possession, so its omission does not invalidate the charge. What it affects is the penalty: the court must determine the quantity from the evidence presented during trial.

Case in point: People vs. Paguinto

In 2014, Mark Anthony Paguinto was arrested in Marikina City in a buy-bust operation. He was charged with illegal sale and illegal possession of shabu. The Information for illegal sale specified 1.10 grams, but the Information for illegal possession merely stated he had three plastic sachets of shabu, without indicating their total weight.

The prosecution presented the poseur-buyer and the forensic chemist, who confirmed the seized items tested positive for methamphetamine hydrochloride. Paguinto denied the charges and claimed the confidential informant was not presented and that the chain of custody had lapses.

The Regional Trial Court convicted him on both counts, imposing life imprisonment for illegal sale and a term of 12 years and one day to 14 years for illegal possession. The Court of Appeals affirmed, and the Supreme Court upheld the conviction.

On the possession charge, the Court ruled:

"The failure to allege in the Information the quantity or weight of the dangerous drugs is not fatal to sustain a judgment of conviction. At most, such omission will only affect the penalty to be imposed upon the accused."

Because the prosecution proved during trial that the seized drugs weighed less than five grams, the penalty for that quantity was correctly applied. The Court also reiterated that presenting the confidential informant is not always mandatory, especially where the poseur-buyer's testimony is consistent and the identity of the seized drugs is established.

What the ruling means

The case confirms two practical points. First, an Information that omits drug quantity is not automatically defective. The prosecution may prove the weight during trial, and the court will use that evidence to fix the penalty. Second, if the prosecution fails to prove the quantity, the court must impose the lowest possible penalty — that is, the penalty for the smallest quantity under the law.

This ruling also underscores the importance of proper evidence gathering. Law enforcement must document the weight of seized drugs accurately, and the prosecution must present that evidence clearly. For the accused, the right to be informed of the charge remains intact, but a technical omission in the Information will not, by itself, result in acquittal.

Practical takeaways

• The quantity of drugs is not an element of illegal possession under RA 9165, so omitting it from the Information is not fatal to a conviction.
• The prosecution can prove the weight of the drugs during trial; if proven, the court will apply the corresponding penalty.
• If the prosecution fails to prove quantity, the court must impose the minimum penalty for the lowest possible quantity.
• The confidential informant need not always testify; the poseur-buyer's consistent testimony may suffice.
• A person arrested for a drug offense should remain silent and seek legal counsel immediately.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.