Comparative Table Dangerous Drugs Act 2002

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  1 Comparative Table   Dangerous Drugs Controlled Precursors and essential chemicals Importation life imprisonment to death; fine ranging from P500K to P10M 12 years and 1 day to 20 years; fine ranging from 100K to 500K Max penalty: i.   diplomatic passport ii.   diplomatic facilities iii.   other means involving official status iv.   organizer, manager or financier Same Protector/ Coddler: 12 years&1 day to 20 yrs Same Sale, Trading, Administration, Dispensation, Delivery, Distribution, & Transportation Including broker: Life imprisonment to death; fine 500K to 10M Including broker: 12 years and 1 day to 20 years and a fine from 100K to 500K Maximum Penalty: i.   within 100m from school ii.   use of minors or mentally incapacitated as runners, couriers or messengers iii.   Victim is minor or mentally incapacitated provided it is proximate cause iv.   Organizer, manager, or financier Same Protector or coddler: 12 years and 1 day to 20 years and fine of 100K to 500K Same Maintenance of Den, Dive, or Resort Life imprisonment to death; fine of 500K to 10M 12 years and 1 day to 20 years; fine of 100K to 500K Maximum penalty: i.   Victim is a minor allowed to use dangerous drugs in den ii.   Organizer, Manager and Financier N/A Dangerous drug proximate cause of death of a person using the same in the den: death and fine of 1M to 15M N/A Owned by third person: confiscated or escheated in favor of government Same Protector or Coddler: 12 years and 1 day to 20 years; Fine 100K to 500K Same Employees and visitors of a Den, Dive or Resort 12 years and 1 day to 20 years; 100K to 500K Same Employee must be aware of the nature of the place Same Visitor must knowingly visit the place Same Manufacturers Life imprisonment to death; 500K to 10M 12 yrs & 1day to 20 years; 100K- 500K Presence of controlled precursor and essential chemical or laboratory equipment is prima facie proof of manufacture N/A Aggravating: i.   Presence or with help of minors ii.   Within 100m from residence, business, church, or school iii.   Clandestine lab is booby trapped iv.   Clandestine lab is concealed with legitimate business operations v.   Employment of practitioner, chemical eng., public official or foreigner Same Max Penalty: organizer, Manager, or financier Same Protector or Coddler: 12 years and 1 day to 20 years; Fine 100K to 500K Same Illegal Chemical Diversion  N/A 12 yrs & 1day to 20 years; 100K- 500K  2 Manufacture or Delivery of Equipment, Instrument, Apparatus and other paraphernalia imprisonment of 12 years and 1 day to 20 years; Fine of P100T to P500T Same Maximum Penalty: use of minors or mentally incapacitated to deliver N/A Equipment to inject, ingest inhale or introduce into human body: 6mos and 1 day to 4 years; 10K to 50K N/A Manufacturer/ person delivering must know or under circumstances where one reasonably should know Same Possession of Dangerous Acts life imprisonment to death and fine of P500T to P10M if in the following quantities: (1)   10 grams or more of opium; (2)   10 grams or more of morphine; (3)   10 grams or more of heroin hydrochloride; CTEDSI (4)   10 grams or more of cocaine or cocaine hydrochloride; (5)   50 grams or ore of methamphetamine hydrochloride or “shabu”;  (6)   10 grams or more or marijuana resin or marijuana resin oil; (7)   500 grams or more of marijuana; and (8)   10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or “ecstasy” paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives without having any therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. Life Imprisonment and fine of P400T to P500T: shabu is 10g  –  50g 20 years and one day and fine of P400T to P500T: opium, morphine, heroin, cocaine or cocaine hydrochoride, marijuana resin oil, shabu, or other dangerous drugs are 5-10g N/A Maximum Penalty: Possession during party and social gathering or proximate company of 2 persons N/A Possession of Equipment, Instrument, Apparatus & other Paraphernalia 6mos and 1day to 4 years; 10K  –  50K N/A Presumption: possession prima facie evidence consumption N/A Maximum Penalty: Possession during party and social gathering or proximate company of 2 persons N/A Use i.   1 st  offender: 6 mos. Rehab ii.   2 nd  offender: 6 years and 1 day to 12 years; fine of P50T to P200T Except: if in possession - Sec. 11 will apply N/A Cultivation or Culture life imprisonment to death, Fine of P500T to P10M, Land will be confiscated and escheated N/A Maximum Penalty: i.   organizer, manager of financier ii.   Land is part of public domain N/A Protector or coddler: 12 years and 1 day to 20 years; Fine of P100T to P500T N/A  3 Maintenance and keeping of srcinal records in relation to Sec. 40 1 year and 1 day to 6 years; 10K- 50K Same Liable: i.   Practitioner ii.   Manufacturer iii.   Wholesaler iv.   Importer v.   Distributor vi.   Dealer vii.   Retailer Same Additional Penalty: revocation of license/business Same Unnecessary prescription 12 years and 1 day  –  20 yrs; 100K -500K N/A Additional Penalty: revocation of license N/A Act covered: prescription of drug not required by physical or physiological condition N/A Unlawful Prescription Life imprisonment  –  death; 100K  –  500K N/A Act: prescription by one not authorized by law N/A Confiscation and Forfeiture of the Proceeds or Instruments Unlawful Acts: i.   Importation ii.   Sale, trading, administration, dispensation, delivery, distribution, transportation iii.   Manufacture iv.   Cultivation or culture of plants v.   Possession of any equipment, instrument, apparatus, and other paraphernalia. i.   Same ii.   Same iii.   Same iv.   N/A v.   N/A What the government will do: i.   Every penalty shall include confiscation and forfeiture of proceeds and properties derived from unlawful acts ii.   Exception: property of 3 rd  person not liable for unlawful act. Same When confiscation proceedings will start: i.   After conviction in RTC in the appropriate criminal case filed, court shall immediately set a hearing. ii.   Assets and properties must be out of proportion to lawful income. Same Custody and disposition of confiscated, seized and/ or surrendered Custody: PDEA Same Procedures for disposition: 1.   Inventory and photograph in the presence of the accused, person from whoever confiscated, representative or counsel 2.   Submission to PDEA Forensic laboratory w/in 24hrs 3.   Issuance of Certification of results within 24 hours or partial laboratory report if volume is high provided full result in next 24 hours 4.   Court will conduct ocular inspection within 72 hours from filing of criminal case. 5.   Destruction or burning within 24 hours in the presence of accused, etc. 6.   Retention of representative sample Issuance of sworn certification by the Board as to fact of destruction 7.   Disposition of representative sample after promulgation and judgment in criminal case. Same Plea bargaining No plea bargaining Same Probation Law Not Applicable to drug traffickers and pushers N/A  4 Qualifying Aggravating Circumstance Positive finding for use in commission of crime and application of penalty provided in RPC N/A Attempt or Conspiracy will have the same penalty Unlawful Acts: i.   Importation ii.   Sale, trading, administration, etc iii.   Maintenance of den iv.   Manufacture v.   Cultivation i.   Same ii.   Same iii.   N/A iv.   Same v.   N/A Liability of Public Officer or employee for misappropriation, misapplication or failure to account Life imprisonment to death; 500K  –  10M, Absolute Perpetual Disqualification Same Liability of elective official who benefits from proceeds or received financial or material contribution or donations: i.   removed from office ii.   perpetually disqualified N/A Liability of Public Officials or employees for unlawful acts Maximum penalties Same Liability for Planting evidence Death Same Paraphernalia, equipment, etc. not covered Same Liability of Officers of Juridical Entities Liable: i.   partner ii.   President iii.   Director iv.   Manager v.   Trustee vi.   Estate administrator vii.   Officer Same Liable when he/ she consents to or knowingly tolerates Same Laboratory Examination or Test on Arrested Offenders Conducted within 24 hours from arrest. Same Basis: Reasonable ground to believe that arrested is under the influence of dangerous drugs on account of physical signs, symptoms or other visible or outwear manifestation Same If test is positive: confirmatory test within 15 days from receipt of result Same Voluntary Submission of a Drug dependent to confinement treatment and rehabilitation Who can avail: i.   Drug dependent ii.   User of dangerous drugs (sec. 15) N/A Who can apply: i.   Drug dependent or use ii.   Parent iii.   Spouse iv.   Guardian v.   Relative within fourth degree of consanguinity or affinity N/A Action of the board and court: i.   Bring matter to court ii.   Court shall order examination for drug dependency iii.   If positive, court will order treatment and rehabilitation for a period of 6mos  –  1 year N/A Effect of discharge from confinement: A.   Exemption from criminal liability i.   Complied with rules and confinement ii.   Has never been charged or convicted iii.   No record of escape from center iv.   Poses no serious danger N/A
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