Pages

Thursday, July 5, 2012

RA 9165, Sec 6-7: Dens, Dives and Resorts

We've already covered trading and dispensation, so now let's go into the lion's den.

Maintenance of a den, dive or resort for the sale of dangerous drugs, whatever the form, is punishable by life imprisonment and a fine of Php500,000 to 10 million. If the den, dive or resort is maintained for the sale of controlled precursors and essential chemicals the penalty is imprisonment from12 years and 1 day to 20 years and a fine of Php100,000 to 500,000.

If a dangerous drug or controlled precursor and essential chemical is sold, delivered or administered to a minor within the den, dive or resort the penalty is set at the maximum rate appropriate to dangerous drugs or controlled precursors and essential chemicals.

If a person dies in the den, dive or resort and the death is caused by the dangerous drug/s sold there, the penalty is life imprisonment and a fine of  Php1million to 15 million.

Financiers, managers and organizers of the den, dive or resort get the appropriate maximum penalty. If a third person owns the den, dive or resort, the place will be confiscated and escheated in favor of the government! The criminal complaint will specifically state that the place was used intentionally to violate the dangerous drugs act and the prosecution must prove that the owner intended to use the place to commit the crimes under the law in question. The owner will also be included as a co-accused. So if you're renting out a place make sure  your tenants' activities are legitimate!

Employees of the den, dive or resort will suffer a penalty of 12 years and 1 day to 20 years if they were aware of the nature of the place. The same will apply to persons who aren't employees of the den, dive or resort but are aware of the place's nature and visit it knowingly.

No comments:

Post a Comment