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Question XIV
XIV. Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products. They indulged in these products the whole night, even if it was their first time to try them.
Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong" for their friends. They were accosted at the Manila International Airport and were charged with importation of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook, showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own captions on their Facebook posts clearly admitted that they were using the dangerous products. The pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the older brother of one of their best friends, was able to get hold of his younger brother's password, and without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on Facebook.
(a)(a) Can Robin and Rowell be prosecuted for use of dangerous drugs for their one-night use of these products in Amsterdam? (2.5%)
(b)(b) Can they be prosecuted for importation of dangerous drugs? (2.5%)
(c)(c) If found liable under either (a) or (b) above, what is the penalty that may be imposed on them? (2.5%)
(d)(d) Can Roccino be prosecuted for the act of accessing and sharing on Facebook the private pictures sent by PM to his brother? If yes, for what crime? (2.5%)
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