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Related Provisions:

People v Enriquez
Stages of Commission - Definitions Art. 6, RPC – consummated, frustrated,
Date: 23 October 1997 and attempted felonies. (All three are
Ponente: Vitug, J. punishable under the RPC)

Stages of Commission

SUMMARY: 4. Right before the deal was concluded, Maramot Attempted – offender performs all the acts
Police officers (Cerillo and his crew) together with announced that she was a policewoman and of execution which would produce the
informant “Danny” conducted a buy-bust crew against they subsequently arrested Rosales. Enriquez felony as a consequence but the felony is
supposed dealers Ernesto Enriquez and Wilfredo Rosales was also apprehended eventually. not produced by reason of causes
independent of the will of the perpetrator
(petitioners). The operation was conducted in the grand 5. Trial court charged Rosales and Enriquez with
manner which led to the apprehension of the petitioners. sale and delivery of marijuana and sentenced Frustrated – offender performs all the acts
Both were charged and found guilty (by the trial court) them to life imprisonment with a fine of P30,000. of execution which would produce the
of the crimes of sale and delivery of prohibited drugs 6. Petitioners assailed the decision of the trial felony as a consequence but the felony is
not produced by reason of some cause or
(marijuana), violations of Art. II, Sec. 4 of RA No. 6425 or court hence this appeal.
accident other than his own spontaneous
The Dangerous Drugs Act of 1972 as amended. This case 7. Rosales asserted that his act of carrying the desistance
is an appeal. Petitioner Rosales claimed that if he is sack of marijuana (more than 750 grams) is a
again found guilty, he should be held accountable for mere attempt to deliver the prohibited drug. Consummated – all elements necessary for
attempted delivery only since he was not able to pass Since the sack was still within his control, he the felony’s execution and accomplishment
are present
the subjective phase of the crime. The Court decided could have refused to deliver the prohibited
that the rule regarding the stages of commission of a drug. He asserts that he was still in the Subjective and Objective Phase
felony (attempted-frustrated-consummated) does not subjective phase of the crime.
apply to offenses governed by special law. The sale and Subjective – portion of the execution of the
crime starting from the point where the
delivery of a prohibited drug is governed by a special HOLDING:
offender still has control over his acts until
law (RA No. 6425). 1. NO. The rules regarding the Stages of such time where he no longer has control
Commission of a felony are inapplicable to over his acts; if this phase is already passed
ISSUES: offenses governed by special laws. but the felony is not produced, it is merely
1. WoN petitioner Rosales should be held Unfortunately for petitioner Rosales, the crime frustrated
accountable for merely attempted delivery of with which he is being charged is penalized by a Objective – consists of the results of the
marijuana special law. The incomplete delivery claimed by acts of execution; if both phases are
FACTS: Rosales, granting that it is true, is thus present, there is consummated felony
1. Informant “Danny” told Sgt. Cerillo that a person inconsequential. The act of conveying prohibited
Section 4, Article II, RA No. 6425 (Dangerous
called “Bulag” was looking for prospective drugs to an unknown destination has been held
Drugs Act of 1972)
buyers of marijuana. to be punishable, and it is immaterial whether or -Sale, Administration, Delivery, Distribution
2. This became the impetus for the buy-bust not the place of destination of the prohibited and Transportation of Prohibited Drugs. The
operation conducted by Sgt. Cerillo and his team drug is reached. penalty of imprisonment ranging from
of Anti-Drug Abuse Movement officers. twelve years and one day to twenty years
and a fine ranging from twelve thousand to
3. Maramot, one of the ADAM officers who posed twenty thousand pesos shall be imposed
as a buyer, executed the deal with Enriquez and upon any person who, unless authorized by
Rosales (petitioners). law, shall sell, administer, deliver, give away
to another, distribute, dispatch in transit or
transport any prohibited drug, or shall act
as a broker in any such transactions. In case
of a practitioner, the additional penalty of
RULING:
Wherefore, the questioned decision of the RTC of Manila, Section 4, Article II, RA No. 6425
(Dangerous Drugs Act of 1972)
finding appellants Ernesto Enriquez and Wilfredo Rosales
-Sale, Administration, Delivery, Distribution
guilty beyond reasonable doubt of the crime punishable and Transportation of Prohibited Drugs. The
by Section 4, Article II, of RA No. 6425, as amended, and penalty of imprisonment ranging from
imposing on them the penalty of life imprisonment and twelve years and one day to twenty years
the payment of the fine of P30,000 is AFFIRMED. Costs and a fine ranging from twelve thousand to
twenty thousand pesos shall be imposed
against appellants. upon any person who, unless authorized by
law, shall sell, administer, deliver, give away
to another, distribute, dispatch in transit or
transport any prohibited drug, or shall act
as a broker in any such transactions. In case
of a practitioner, the additional penalty of
the revocation of his license to practice his
profession shall be imposed. If the victim of
the offense is a minor, the maximum of the
penalty shall be imposed.

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