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diplomatic passport ii. diplomatic facilities iii. other means involving official status iv. organizer, manager or financier Protector/ Coddler: 12 years&1 day to 20 yrs Including broker: Life imprisonment to death; fine 500K to 10M 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 Protector or coddler: 12 years and 1 day to 20 years and fine of 100K to 500K Life imprisonment to death; fine of 500K to 10M Maximum penalty: i. Victim is a minor allowed to use dangerous drugs in den ii. Organizer, Manager and Financier Dangerous drug proximate cause of death of a person using the same in the den: death and fine of 1M to 15M Owned by third person: confiscated or escheated in favor of government Protector or Coddler: 12 years and 1 day to 20 years; Fine 100K to 500K 12 years and 1 day to 20 years; 100K to 500K Employee must be aware of the nature of the place Visitor must knowingly visit the place Life imprisonment to death; 500K to 10M Presence of controlled precursor and essential chemical or laboratory equipment is prima facie proof of manufacture 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 Max Penalty: organizer, Manager, or financier Protector or Coddler: 12 years and 1 day to 20 years; Fine 100K to 500K N/A
Controlled Precursors and essential chemicals 12 years and 1 day to 20 years; fine ranging from 100K to 500K
Same Including broker: 12 years and 1 day to 20 years and a fine from 100K to 500K
Sale, Trading, Administration, Dispensation, Delivery, Distribution, & Transportation
Same 12 years and 1 day to 20 years; fine of 100K to 500K N/A
Maintenance of Den, Dive, or Resort
N/A Same Same Same Same Same 12 yrs & 1day to 20 years; 100K- 500K N/A
Employees and visitors of a Den, Dive or Resort
Same Same 12 yrs & 1day to 20 years; 100K- 500K
Illegal Chemical Diversion
morphine. 11 will apply life imprisonment to death. manager of financier ii. Fine of P100T to P500T Same N/A N/A Same N/A Possession of Dangerous Acts N/A N/A N/A N/A Possession of Equipment. Instrument. ingest inhale or introduce into human body: 6mos and 1 day to 4 years. Apparatus and other paraphernalia Maximum Penalty: use of minors or mentally incapacitated to deliver Equipment to inject. and those similarly designed or newly introduced drugs and their derivatives without having any therapeutic requirements. 10K – 50K Presumption: possession prima facie evidence consumption Maximum Penalty: Possession during party and social gathering or proximate company of 2 persons st i.imprisonment of 12 years and 1 day to 20 years. marijuana resin oil. Land will be confiscated and escheated Maximum Penalty: i. Apparatus & other Paraphernalia Use N/A N/A Cultivation or Culture N/A N/A 2 . 1 offender: 6 mos. 10K to 50K Manufacturer/ person delivering must know or under circumstances where one reasonably should know life imprisonment to death and fine of P500T to P10M if in the following quantities: (1) 10 grams or more of opium. heroin. Article XI of this Act. lysergic acid diethylamine (LSD). methylenedioxymethamphetamine (MDMA) or “ecstasy” paramethoxyamphetamine (PMA). (5) 50 grams or ore of methamphetamine hydrochloride or “shabu”. Rehab nd ii. (6) 10 grams or more or marijuana resin or marijuana resin oil. trimethoxyamphetamine (TMA). Fine of P100T to P500T Manufacture or Delivery of Equipment.Sec. Land is part of public domain Protector or coddler: 12 years and 1 day to 20 years. cocaine or cocaine hydrochoride. CTEDSI (4) 10 grams or more of cocaine or cocaine hydrochloride. as determined and promulgated by the Board in accordance to Section 93. 2 offender: 6 years and 1 day to 12 years. (2) 10 grams or more of morphine. and (8) 10 grams or more of other dangerous drugs such as. or other dangerous drugs are 510g Maximum Penalty: Possession during party and social gathering or proximate company of 2 persons 6mos and 1day to 4 years. Instrument. (7) 500 grams or more of marijuana. Fine of P500T to P10M. (3) 10 grams or more of heroin hydrochloride. fine of P50T to P200T Except: if in possession . organizer. but not limited to. Life Imprisonment and fine of P400T to P500T: shabu is 10g – 50g 20 years and one day and fine of P400T to P500T: opium. shabu. gamma hydroxybutyrate (GHB).
apparatus. Cultivation or culture of plants v. Practitioner ii. dispensation. Destruction or burning within 24 hours in the presence of accused. Issuance of Certification of results within 24 hours or partial laboratory report if volume is high provided full result in next 24 hours 4. ii. 100K – 500K Act: prescription by one not authorized by law Unlawful Acts: i. etc. 5. Manufacturer iii. ii. 100K -500K Additional Penalty: revocation of license Act covered: prescription of drug not required by physical or physiological condition Life imprisonment – death. administration.50K Liable: i. court shall immediately set a hearing. Manufacture iv. Disposition of representative sample after promulgation and judgment in criminal case. instrument. person from whoever confiscated. 40 Unnecessary prescription Unlawful Prescription Confiscation and Forfeiture of the Proceeds or Instruments Custody and disposition of confiscated. 10K.Maintenance and keeping of original records in relation to Sec. No plea bargaining Not Applicable to drug traffickers and pushers Same Same Same N/A N/A N/A N/A N/A i. N/A v. Dealer vii. N/A Same Same Same Same Same N/A 3 . Importer v. Retention of representative sample Issuance of sworn certification by the Board as to fact of destruction 7. Importation ii. Retailer Additional Penalty: revocation of license/business 12 years and 1 day – 20 yrs. Inventory and photograph in the presence of the accused. transportation iii. representative or counsel 2. Court will conduct ocular inspection within 72 hours from filing of criminal case. Wholesaler iv. Possession of any equipment. After conviction in RTC in the appropriate criminal case filed. Distributor vi. delivery. and other paraphernalia. Submission to PDEA Forensic laboratory w/in 24hrs 3. 6. Sale. Same iv. Assets and properties must be out of proportion to lawful income. When confiscation proceedings will start: i. Same Same iii. Every penalty shall include confiscation and forfeiture of proceeds and properties derived from unlawful acts rd ii. Exception: property of 3 person not liable for unlawful act. Custody: PDEA Procedures for disposition: 1. seized and/ or surrendered Plea bargaining Probation Law 1 year and 1 day to 6 years. distribution. trading. What the government will do: i.
User of dangerous drugs (sec. not covered Liable: i. misapplication or failure to account Liability of Public Officials or employees for unlawful acts Liability for Planting evidence Positive finding for use in commission of crime and application of penalty provided in RPC Unlawful Acts: i. Importation ii. etc iii. Parent iii. iii. Maintenance of den iv. 500K – 10M. trading. etc. administration. Spouse iv. Officer Liable when he/ she consents to or knowingly tolerates Conducted within 24 hours from arrest. perpetually disqualified Maximum penalties N/A i. Same Same N/A Same N/A Same N/A Same Death Paraphernalia. Drug dependent or use ii. Drug dependent ii.Qualifying Aggravating Circumstance Attempt or Conspiracy will have the same penalty Liability of Public Officer or employee for misappropriation. v. Trustee vi. Court shall order examination for drug dependency iii. Basis: Reasonable ground to believe that arrested is under the influence of dangerous drugs on account of physical signs. Manufacture v. Poses no serious danger Same Same Liability of Officers of Juridical Entities Same Same Same Same Same Laboratory Examination or Test on Arrested Offenders N/A Voluntary Submission of a Drug dependent to confinement treatment and rehabilitation N/A N/A N/A 4 . Absolute Perpetual Disqualification Liability of elective official who benefits from proceeds or received financial or material contribution or donations: i. partner ii. Complied with rules and confinement ii. If positive. symptoms or other visible or outwear manifestation If test is positive: confirmatory test within 15 days from receipt of result Who can avail: i. iv. Guardian v. Sale. No record of escape from center iv. Exemption from criminal liability i. Director iv. 15) Who can apply: i. Estate administrator vii. President iii. removed from office ii. Cultivation Life imprisonment to death. court will order treatment and rehabilitation for a period of 6mos – 1 year Effect of discharge from confinement: A. Manager v. ii. Relative within fourth degree of consanguinity or affinity Action of the board and court: i. Bring matter to court ii. Has never been charged or convicted iii. equipment.
If court finds him to be a drug dependent.Voluntary Submission of a Drug dependent to confinement treatment and rehabilitation (cont) Compulsory Confinement of drug dependent Compulsory Submission of a drug dependent charged with an offense B. If rehabilitated. he shall be charged for drug use under Sec. Court shall order release c. If he escapes again after recommitment. If not exempted. be charged for violation of Section 15 and prosecuted like any other offender Escape from Center: a. Covered: person charged with an offense where the imposable penalty is imprisonment of less than 6 years and 1 day and found by prosecutor or court as a drug dependent Action to take: Prosecutor or court will suspend proceedings and transmit copies of the record of the case to the board transmit copies of the record of the case to the board Board shall: subject person to medical examination N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Same Same Same 5 . If he does not submit himself for recommitment within one week. Condition of the release: i. 15 Covered: those dependent on dangerous drugs Who can petition: board Where should petition be filed: RTC where person is found After hearing. recommitted to center where he may later be temporarily released again Filing of charges: nd a. probation and community service Temporary release from center: a. If drug dependent is not rehabilitated after 2 commitment. court shall conduct further hearing. Certification from the center b. court shall order his commitment to a center not later than 15 days from filing of petition. then court may order discharge e. Report to DOH for after-care and follow-up treatment for 18 months d. Board will issue order for recommitment b. Otherwise. person may be ordered to be examined by two physicians If either physician finds him to be a drug dependent.
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