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!
Anyone arrested and tested positive for the use of dangerous drugs will be put on rehab for 6 months in a government rehabilitation center; but this is only for the first offense. For succeeding offenses, the penalty is imprisonment for 6 years and 1 day to 12 years and a fine of Php50,000 to 200,000. What is disturbing is that use and possession under the dangerous drugs act are punished separately. Ergo, a drug user can also be punished for possession of dangerous drugs in addition to his use of them.
Minors
RA 9165 is considered to have been modified by RA 9344. Minors, therefore, aged 15 and below are automatically assumed to be exempt from criminal liability while those over 15 but below 18 are liable if they acted with discernment and exempt if they did not.
The treatment of minor drug violators goes as follows:
1.) Suspended sentence for the first offense
2.) Probation or community service as an alternative for service of sentence for the first offense
3.) Service of sentence if the minor has violated either the conditions of his suspended sentence or the rules and regulations of the center where he is confined
If the minor is over 15, the following requirements must be met to qualify for a suspension of sentence:
1.) He must not have committed any crime
2.) He hasn't been previously committed to a center or to the care of a DOH-accredited doctor
3.) The Dangerous Drugs Board favorably recommends the suspension of his sentence
In all instances regarding minors, a suspended sentence can be availed of only once.
Cultivation
The cultivation of plants used in the manufacture of dangerous drugs is penalized by life imprisonment and a fine of Php500,000 to 10 million. The exceptions are in case of laboratories that either manufacture medicines where the plants in question form part of the ingredients, perform medical experiments or research purposes or for the creation of new types of medicines. These laboratories will comply with rules and regulations issued by the Dangerous Drugs Board.
The land (or portions of it) and/or greenhouses that have been used to cultivate the plants in question illegally will be confiscated and escheated in favor of the state unless the owner can prove that he didn't know that there was cultivation of these plants despite his due diligence.
If the land belongs to the public domain, the maximum penalty will be imposed.
Financiers will also get the maximum penalty.
Coddlers/protectors of those cultivating the plants in question illegally will get 12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000.
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