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Question
Under RA 9165, a person is charged with illegal possession of a dangerous drug after police seize a sealed vial labeled “Compound Zeta.” The Board has not scheduled Compound Zeta, and confirmatory analyses are inconclusive about its identity. The defense contends that because the substance is not scheduled and its identity is not established, there is no basis to convict. The prosecution contends that the statute covers not only enumerated substances but also any other dangerous drug as may be determined by the Board, or proven through expert analysis, so possession could attach even if not scheduled. The language thus raises ambiguity as to whether possession of Compound Zeta constitutes possession of a dangerous drug. Apply the Pro Reo Principle (Rule of Lenity) to determine whether the accused should be convicted on the drug charge, or acquitted on that charge, and briefly state any allowable alternatives if applicable.