STATUTORY CONSTRUCTION QUESTION:

Policemen raided a 24-story condotel located in San Juan City and entered Unit 1240 located in its 12" floor. The unit is owned by Mr. Edgardo who is based in San Jose, California. Policemen found therein 75 kilos of marijuana previously brought in by a hotel guest. The police arrested the hotel guest and charged him for possession of dangerous drugs and seized Unit 1240 with plans to confiscate and forfeit the same in favor of the government in accordance with Article 20 of the Dangerous Drugs Law. It appears, however, that Unit 1240 is not included in the condotel agreement being administered by ABC Hotel Corporation that allows only the first eleven floors of the building to be used in its hotel business. Obviously, there was a mistake in including Unit 1240 in the checking in of a guest for that day. ABC Hotel Corporation, however, was specifically designated by Mr. Edgardo to maintain this unit for two (2) years. Mr. Edgardo filed a motion to release Unit 1240 from custodia legis during the pendency of trial, citing the following grounds -

(a) that Section 20 of the Dangerous Drugs Law, being a mere statute, cannot go against Section 1, Article III of the Bill of Rights of the 1987 Constitution that no person shall be deprived of life, liberty and property without due process of law and

(b) that Section 20 of the Dangerous Drugs Law, being a penal statute , should be construed strictly against the state.

Are Mr. Edgardo's grounds correct? Discuss your answers to each ground separately.