Dear PAO,

Our neighbor admitted to committing murder but argued that he did not know what he was doing because he was under the influence of drugs. Can he argue that he should not be held liable or that his liability should be mitigated because he was under the influence of illegal drugs?

Vanessa

Dear Vanessa,

Section 25 of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002 provides that:

“SEC. 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender under the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.”

To understand this better, we should first examine the concepts of mitigating and qualifying aggravating circumstances. Mitigating circumstances are those that do not entirely free the offender from criminal liability but serve to reduce the penalty. Mitigating circumstances are provided under Article 13 of the Revised Penal Code, such as if all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant, offender had no intention to commit so grave a wrong as that committed, and other analogous circumstances.

On the other hand, qualifying aggravating circumstances are those provided under special laws, which increase the penalty for a crime or change the nature of the offense. This includes the above-quoted section of RA 9165. The rationale for imposing a higher penalty is based on the greater perversity of the offender under such circumstances.

Under RA 9165, if there is a positive finding for the use of dangerous drugs, it shall be considered as a qualifying aggravating circumstance in the commission of a crime. Thus, it would not be considered as a mitigating circumstance which could reduce the penalty.

Applying this principle, your neighbor may not argue that his liability should be mitigated because he was under the influence of drugs at the time of the commission of the crime and thus, he cannot discern at that moment if his acts were right or wrong. Instead, his liability may be aggravated if there is a positive finding of use of illegal drugs.

We hope that we are 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.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]