I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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.
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