SUMMARY
4. Bibliography
1.1. COMPOSICIÓN Y MEJORA DE LAS GASOLINAS
RPC.
Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug.
Attempt and conspiracy to commit the following offenses:
a Importation of dangerous drugs
b Sale, administration, delivery, distribution and transportation of dangerous drugs c Maintenance of a den, dive or resort for prohibited drugs
d Manufacture of dangerous drugs
e Cultivation or culture of plants which are sources of prohibited drugs
• Other persons liable:
a If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal.
b Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated.
Criminal liability of a public officer or employee for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs Penalty - life to death and a fine of P500,000.00 to P10 Million in addition to absolute perpetual disqualification from any public office.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs or have received any financial or material contributions from persons found guilty of drug trafficking dangerous drugs, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government.
Planting of Evidence
Any person who is found guilty of planting any dangerous drug regardless of the quantity and purity, shall suffer the penalty of death.
Drug Testing
1. Applicants for driver’s license - mandatory
2. Applicants for firearms license and for permit to carry - mandatory
3. Students of secondary and tertiary schools – random (school shall shoulder expenses) 4. Officers and employees of private and public offices – random (employer shall shoulder expenses)
Any officer or employee found positive for use of dangerous drug shall be dealt with administratively which shall be a ground for suspension or termination subject to Art. 282 of the Labor Code and pertinent provisions of the Civil Service Law.
5. Officers and members of the military, police and other law enforcement agencies – annual mandatory
6. All persons charged before the prosecutor’s office with a criminal offense having an impossible penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test
7. All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test.
Issuance of False or fraudulent drug test results (whether willfully or through gross negligence)
Penalty – 6 to 12 years and fine P100,000.00 to P500,000.00
Additional penalty – revocation of license to practice and closure of the drug testing center II. For the purpose of enforcing the provisions of this Act, all school heads, supervisors and
teachers shall be deemed to be persons in authority and, as such, are vested with the
power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision.
a.
NOTE: They shall be considered as persons in authority if they are in the school or within its immediate vicinity, or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers.b. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action.
III. Rules regarding rehabilitation of drug dependents Voluntary submission
a.
Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent himself or through his parent, guardian or relative within the 4th civil degree of consanguinity or affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. (Applicable only to those liable for use of dangerous drugs and not to possession and sale)b. Should the drug dependent escape from the center, he may submit himself for confinement within 1 week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement.
c. Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment.
d. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug.
e. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and transmit records of the case to the Board.
f. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given full credit for the period he was confined in the center.
NOTE: When the offense is use of dangerous drugs and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the center upon his release therefrom.
g. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center.
h. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation.
Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board.
In case of violation of conditions of pardon, court shall pronounce judgment of conviction and he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated period.
Compulsory submission
If a person charged with an offense where the imposable penalty is imprisonment of not
more than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor of the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board.
Jurisdiction Over Dangerous Drug Cases
Section 90. Jurisdiction – The Supreme Court shall designate special courts from among the