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Friday, March 29, 2024

Death penalty bill for party drugs use withdrawn

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The House of Representatives on Wednesday withdrew the passage of a bill imposing the maximum penalty of “life imprisonment to death” to those who will be found possessing illegal drugs at parties, social gatherings, and meetings.

House Bill 8909, principally authored by Speaker Gloria Macapagal Arroyo, was approved on third and final reading by a 172 vote last Monday.

But in plenary session Wednesday presided by Negros Occidental Rep. Mercedes Alvarez, the House recalled the bill upon the motion Zamboanga Sibugay Rep. Wilter Palma. The bill runs contrary to the position of Arroyo who is anti-death penalty.

Surigao del Norte Rep. Robert Ace Barbers, chairman of the House committee on dangerous drugs, earlier said that the maximum penalty will only be imposed if capital punishment in the country will be restored.

The bill proposes to strengthen the government’s war on drugs by amending Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

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Section 13 of the bill provides that any person found possessing dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two persons will face the penalty of “life imprisonment to death” and a fine of P500,000 to P10 million.

It also expands the definition of drug trafficking as the “illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, chemical diversion, and possession of any dangerous drug and/or controlled precursor and essential chemical.”

But some lawmakers said the death penalty provision will not likely be imposed since the Senate has yet to pass the House-approved version of the bill which calls for the restoration of the death penalty on drug-related heinous crimes.

HB 8909 provides for a legal presumption of who is considered as the importer, financier, and protector or coddler of illegal drugs.

It also penalizes the exportation from the Philippines of dangerous drugs and/or controlled precursors and essential chemicals. Section 4 of RA 9165, as amended, penalizes only their importation.

Under the bill, negligent lessors of properties used as clandestine laboratories will likewise be penalized while lessors of properties shall be required to submit documents to avoid their properties from being used for illegal drug purpose.

The penalty of imprisonment ranging from six years and one day to 12 years, and a fine ranging from P500,000 to P1 million shall be imposed upon the owner or lessor of a building, warehouse, or any property, or in his/her absence the duly authorized representative who leases the property to any person but omits or fails to ascertain, check and confirm that the property is actually used for lawful purpose, and which property is found to have actually been used as clandestine laboratory or used in the manufacture or storage of dangerous drugs, controlled precursors and essential chemicals.

The maximum penalty shall be imposed upon the owner or lessor or his duly authorized representative who has discovered the illegal activity but failed to report the same to proper authorities.

If a property is owned by a third person and the same is used as a den, dive, or resort to commit a violation of the provisions of RA 9165, criminal liability shall extend to the partner, president, director, manager, trustee, estate administrator, or officer of the corporation or partnership who consents to or tolerates such violation.

The bill also proposes to ensure that Filipino professional and non-professional athletes, in any kind of sport, are drug-free, by providing for their mandatory drug testing twice a year. Any athlete found positive for use of dangerous drugs shall be suspended subject to further investigation by appropriate government agencies.

Drug test certificates issued by accredited drug testing centers shall now be valid only up to three months from the original one year period to ensure their reliability.

The Philippine Drug Enforcement Agency (PDEA) shall organize a special unit or office under its intelligence and investigation services to monitor, by the use of electronic device, all activities of any person engaged in importation, exportation, manufacture, plantation, cultivation, selling, pushing, trading, transportation or distribution of illegal drugs or similar substances, and their financiers, protectors or coddlers.

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