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Section 1. Short Title. Section 3. Importation of Prohibited Drugs. The penalty of imprisonment ranging from fourteen years and one day to life imprisonment and a fine ranging from fourteen thousand to thirty thousand pesos shall be imposed upon any person who, unless authorized by law, shall import or bring into the Philippines any prohibited drug. Section 4. The penalty of imprisonment ranging from twelve years and one day to twenty years and a fine ranging from twelve thousand to twenty thousand pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any such transactions. In case of a practitioner, the additional penalty of the revocation of his license to practice his profession shall be imposed. If the victim of the offense is a minor, the maximum of the penalty shall be imposed. Should a prohibited drug involved in any offense under this Section, be the proximate cause of the death of a victim thereof, the penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos shall be imposed upon the pusher. Section 5. The penalty of imprisonment ranging from twelve years and one day to twenty years and a fine ranging from twelve thousand to twenty thousand pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any prohibited drug is used in any form. The maximum of the penalty shall be imposed in every case where a prohibited drug is administered, delivered or sold to a minor who is allowed to use the same in such place. Should a prohibited drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos shall be imposed on the maintainer. Section 6. Employees and Visitors of Prohibited Drug Den. The penalty of imprisonment ranging from two years and one day to six years and a fine ranging from two thousand to six thousand pesos shall be imposed upon:. Section 7. Manufacture of Prohibited Drugs. The penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any prohibited drug. Section 8. Possession or Use of Prohibited Drugs. The penalty of imprisonment ranging from six years and one day to twelve years and a fine ranging from six thousand to twelve thousand pesos shall be imposed upon any person who, unless authorized by law, shall possess or use any prohibited drug, except Indian hemp as to which the next following paragraph shall apply. The penalty of imprisonment ranging from six months and one day to six years and a fine ranging from six hundred to six thousand pesos shall be imposed upon any person who, unless authorized by law, shall possess or use Indian hemp. Section 9. The penalty of imprisonment ranging from fourteen years and one day to life imprisonment and a fine ranging from fourteen thousand to thirty thousand pesos shall be imposed upon any person who shall cultivate or culture Indian hemp, opium poppy papaver somniferum and other plants from which any prohibited drug may be manufactured. The land on which any of said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. Section The penalty of imprisonment ranging from one year and one day to six years and a fine ranging from one thousand to six thousand pesos shall be imposed upon any pharmacist, physician, dentist, veterinarian, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the provisions of Section 25 of this Act, if the violation or failure involves a prohibited drug. The additional penalty of the revocation of his license to practice his profession, in case of a practitioner, or of his or its business license, in case of a manufacturer, seller, importer, distributor or dealer, shall be imposed. Unlawful Prescription of Prohibited Drugs. The penalty of imprisonment ranging from eight years and one day to twelve years and a fine ranging from eight thousand to twelve thousand pesos shall be imposed upon any person who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any prohibited drug. Unnecessary Prescription of Prohibited Drugs. The penalty of imprisonment ranging from four years and one day to twelve years and a fine ranging from four thousand to twelve thousand pesos and the additional penalty of the revocation of his license to practice shall be imposed upon any physician or dentist who shall prescribe any prohibited drug for any person whose physical or physiological conditions does not require the use thereof. The penalty of imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos shall be imposed upon any person who, unless authorized by law, shall possess or have under his control any opium, pipe, equipment, instrument, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting or otherwise using opium or any other prohibited drug. The possession of such opium pipe, equipment, instrument, apparatus or other paraphernalia, fit or intended for any of the purposes enumerated in this Section shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected, ingested or used a prohibited drug. Importation of Regulated Drugs. The penalty of imprisonment ranging from six years and one day to twelve years and a fine ranging from six thousand to twelve thousand pesos shall be imposed upon any person who, unless authorized by law, shall import or bring any regulated drug into the Philippines. The penalty of imprisonment ranging from six years and one day to twelve years and a fine ranging from six thousand to twelve thousand pesos shall be imposed upon any person who, unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug. In case of a practitioner, the maximum of the penalty herein prescribed and the additional penalty of the revocation of his license to practice his profession shall be imposed. Possession or Use of Regulated Drugs. The penalty of imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos shall be imposed upon any person who shall possess or use any regulated drug without the corresponding license or prescription. The penalty of imprisonment ranging from six months and one day to four years and a fine ranging six hundred to four thousand pesos shall be imposed upon any pharmacist, physician, dentist, veterinarian, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the provisions of Section 25 of this Act, if the violation or failure involves a regulated drug. Unlawful Prescription of Regulated Drugs. The penalty of imprisonment ranging from four years and one day to eight years and a fine ranging from four thousand to eight thousand pesos shall be imposed upon any person who, unless authorized by law, shall make or issue a prescription for any regulated drug. Unnecessary Prescription of Regulated Drugs. The penalty of imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos and the additional penalty of the revocation of his license to practice shall be imposed upon any physician or dentist who shall prescribe any regulated drug for any person whose physical or physiological condition does not require the use thereof. Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or manufacture of dangerous drugs, the cultivation of plants which are sources of prohibited drugs and the possession of any opium pipe and other paraphernalia for prohibited drugs shall carry with it the confiscation and forfeiture, in favor of the Government, of the proceeds of the crime and the instruments or tools with which it was committed, unless they are the property of a third person not liable for the offense, but those which are not of lawful commerce shall be ordered destroyed. Dangerous drugs and plant-sources of prohibited drugs so confiscated and forfeited in favor of the Government shall be turned over to the Board for safe-keeping and proper disposal. Attempt and Conspiracy. The same penalty prescribed by this Act for the commission of the offense shall be imposed in case of any attempt or conspiracy to commit the same in the following cases:. Additional Penalty if Offender is an Alien. In addition to the penalties therein prescribed, any alien who violates any of the provisions of Articles II and III of this Act shall be deported without further proceedings immediately after service of sentence. In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, officer or stockholder who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drug, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. The maximum penalties provided for in Sections 3, 4, 5, 6, 8, 9, 11 and 12 of Article II and Sections 14, 15, 16, and 19 of Article III shall be imposed if those found guilty of any of the said offenses are government officials, employees or officers, including members of police agencies and the armed forces. A certified true copy of such record covering a period of three calendar months, duly signed by the pharmacist or the owner of the drug store or pharmacy, shall be forwarded to the city or municipal health officer within fifteen days following the last day of every quarter of each year. The city or municipal health officer shall forward such records to the Board within fifteen 15 days from receipt thereof. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one year from the date of sale or delivery of such drug. One copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription. For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be made out on forms exclusively issued by and obtained from the Board. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the Board may, by rules and regulations, require. Such forms shall not be issued by the Board or any of its employees except to license physicians, dentists, veterinarians and practitioners in such quantities, as the Board may authorize. In such emergency cases, however, as the Board may specify in the public interest, prescriptions need not be accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three days after issuing such prescription, inform the Board of the same in writing. No prescription once issued may be refilled. The penalty of life imprisonment and a fine of thirty thousand pesos shall be imposed upon any person who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug by making use of a diplomatic passport, diplomatic facilities, or any other means involving his official status intended to facilitate the unlawful entry of dangerous drugs. In addition, the diplomatic passport shall be confiscated and canceled. The maximum of the penalties provided for in Section 8, Article II and Section 16, Article III of this Act shall be imposed upon any person found possessing or using any dangerous drug during a party or at a social gathering or in a group of at least five persons possessing or using such drugs. Heads, Supervisors and Teachers of Schools. For the purpose of enforcing the provisions of Articles II and III of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are hereby vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provisions. They shall be considered as persons in authority if they are in the school or within its immediate vicinity, or beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors or teachers. Any teacher or school employees who discovers or finds that any person in the school or within its immediate vicinity is violating any provision of Articles II and III of this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after due hearing, constitute sufficient cause for disciplinary action. Dangerous Drugs as Part of School Curricula. Instruction on the adverse effects of dangerous drugs, including their legal, social and economic implications, shall be integrated into the existing curricula of all public and private schools, whether general, technical, vocational or agro-industrial. The Secretary of Education shall promulgate such rules and regulations as may be necessary to carry out the provisions hereof and, with the assistance of the Board, shall cause the publication and distribution of materials on dangerous drugs to students and the general public. If a drug dependent voluntarily submits himself for confinement, treatment and rehabilitation in a center and complies with such conditions therefor as the Board may, by rules and regulations, prescribe, he shall not be criminally liable for any violation of Section 8, Article II and Section 16, Article III of this Act. The above exemption shall be extended to a minor who may be committed for treatment and rehabilitation in a government center upon sworn petition of his parent, guardian or relative within the fourth civil degree of consanguinity or affinity, in that order. Such petition may be filed with the Court of First Instance of the province or city where the minor resides and shall set forth therein his name and address and the facts relating to his dependency. The court shall set the petition for hearing and give the drug dependent concerned an opportunity to be heard. If, after such hearing, the facts so warrant in its judgment, the court shall order the drug dependent to be examined by two physicians accredited by the Board. If both physicians conclude, after examination, that the minor is not a drug dependent, the court shall enter an order discharging him. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court makes a finding of drug dependency, it shall issue an order for his commitment to a center designated by the court for treatment and rehabilitation under the supervision of the Board. When, in the opinion of the person committed or of his parent, guardian or relative, or of the Board, such person is rehabilitated, any of the above parties may file a sworn petition for his release with the Court of First Instance which ordered the commitment. If, after due hearing, the court finds the petition to be well-founded, it shall forthwith order the release of the person so committed. Should the drug dependent, having voluntarily submitted himself to confinement, treatment and rehabilitation in, or having been committed to a center upon petition of the proper party, escape therefrom, he may resubmit himself for confinement within one week from the date of his escape, or his parent, guardian or relative may, within the same period, surrender him for recommitment. If, however, the drug dependent does not resubmit himself for confinement or he is not surrendered for recommitment, as the case may be, the Board may file a sworn petition for his recommitment. Upon proof of previous commitment or of his voluntary submission to confinement, treatment and rehabilitation, the court shall issue an order for recommitment. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for use or possession of any dangerous drug. The judicial and medical records pertaining to any drug dependent's confinement or commitment under this Section shall be confidential and shall not be used against him for any purpose except to determine how many times he shall have voluntarily submitted himself to confinement, treatment and rehabilitation or been committed or recommitted to a center. If a person charged with an offense is found by the fiscal or by the court, at any stage of the proceedings, to be a drug dependent, the fiscal or the court, as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board. In the event the Board determines, after medical examination, that public interest requires that such drug dependent be committed to a government center for treatment and rehabilitation, it shall file a petition for his commitment with the Court of First Instance of the province or city where he resides. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his commitment to a government center for treatment and rehabilitation. The head of said center shall submit to the court every four months, or as often as the court may require, a written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the center and the Board, he shall be returned to the court which committed him, for his discharge therefrom. Thereafter, his prosecution for any offense punishable by law shall be instituted or shall continue, as the case may be. In case of conviction, the full period of his prior detention and of his confinement for treatment and rehabilitation shall be deducted from the period of the penalty imposed on him and he shall serve sentence only for the remainder thereof. Suspension of Sentence for First Offense of a Minor. If an accused less than twenty-one years of age who is found guilty of violating Section 8, Article II and Section 16, Article III of this Act has not been previously convicted of violating any provision of this Act or of the Revised Penal Code or placed on probation as herein provided, the court may defer sentence and place him on probation under the supervision of the Board or its agents and under such conditions as the court may impose for a period ranging from six months to one year. If the accused violates any of the conditions of his probation, the court shall pronounce judgment of conviction and he shall serve sentence as in any other criminal case. If, however, he does not violate any condition of his probation, then upon the expiration of the designated period, the court shall discharge him and dismiss the proceedings. If the court finds that such accused is a drug dependent, it shall commit him to a center for treatment and rehabilitation under the supervision of the Board. Upon certification of his rehabilitation by the Board, the court shall enter an order discharging him. A confidential record of the proceedings shall be kept by the Department of Justice and shall not be used for any other purpose except as a record to be used in determining whether or not a person accused under the provisions of this Act is a first offender. Upon dismissal of the proceedings against him, the court shall enter an order to expunge all official records other than the confidential record to be retained by the Department of Justice relating to his case. Such an order, which shall be kept confidential, shall restore the accused to his status prior to the case. He shall not be held thereafter, under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. In the case of minors under sixteen year of age at the time of the commission of any offense penalized under this Act, the provisions of Article 80 of the Revised Penal Code shall apply, without prejudice to the application of the provisions of this Section. Violation of Confidential Nature of Records. The penalty of imprisonment ranging from six months and one day to six years and a fine ranging from six hundred to six thousand pesos shall be imposed upon any person who, having official custody of, or access to the confidential records referred to in Sections 30 and 32 of this Act, or anyone who, having gained possession of such records, whether lawfully or not, reveals their contents to any person other than those charged with the prosecution of offenses under this Act or with its implementation. Treatment and Rehabilitation Center for Drug Dependents. The existing Treatment and Rehabilitation Center for Drug Dependents at Tagaytay City shall continue to be operated and maintained by the National Bureau of Investigation under the supervision and funding of the Board. In addition thereto, the Board shall encourage and assist in the establishment, operation and maintenance of private centers. Creation and Composition of the Board. There is hereby created a Dangerous Drugs Board which shall be composed of nine members. Three members who shall possess adequate training and experience in the field of dangerous drugs or in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. The President shall designate a chairman from among the three appointive members who shall serve for six years. Of the two other members, one shall serve for four years and the other for two years. Thereafter, the persons appointed to succeed such members shall hold office for a term of six years and until their successors shall have been duly appointed and qualified. The remaining six shall be ex-officio members, as follows:. The chairman shall receive a compensation of twenty-four thousand pesos per annum. The two other members who are appointed by the President of the Philippines shall each receive a compensation of eighteen thousand pesos per annum. The Board shall meet at the call of the chairman or of the two other members appointed by the President of the Philippines. The presence of five members shall constitute a quorum. The Board may constitute an executive committee, to be composed of the chairman and two other members, which shall have the duty of carrying into effect the policies and decisions of the Board and shall meet as often as necessary, at the discretion of the chairman. When public interest so requires, the executive committee may act for and in behalf of the Board, and its decisions shall be valid unless revoked by the Board at its next regular or special meeting. He shall be the administrative officer of the Board and shall perform such other duties as may be assigned to him by it. In order to carry out the objectives of this Act, the sum of twelve million pesos is hereby appropriated out of any funds in the National Treasury not otherwise appropriated from the effectivity of this Act until June 30, Thereafter, such sums as may be necessary to carry out the provisions of this Act shall be included in subsequent annual General Appropriations Acts. The Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act. The chairman of the Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress, within fifteen days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include a detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts as it may deem proper to cite. Jurisdiction of the Circuit Criminal Court. The Circuit Criminal Court shall have exclusive original jurisdiction over all cases involving offenses punishable under this Act. The preliminary investigation of cases filed under this Act shall be resolved within a period of seven 7 days from the date of termination of the preliminary investigation. Where a prima facie case is established, the corresponding information shall be filed in court within twenty-four 24 hours. Decision on said cases shall be rendered within a period of fifteen 15 days from the date of submission of the case. The Board shall give notice to the general public of the reclassification, additional to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two consecutive weeks. Separability Clause. If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstances is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration. Repealing Clause. Articles one hundred ninety, one hundred ninety-one, one hundred ninety-two, one hundred ninety-three and one hundred ninety-four of Act Numbered Thirty-eight hundred and fifteen, otherwise known as the Revised Penal Code, are hereby repealed; and the provisions of such other laws, executive or administrative orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act; are hereby repealed or modified accordingly. This Act shall take effect upon its approval. The penalty of imprisonment ranging from two years and one day to six years and a fine ranging from two thousand to six thousand pesos shall be imposed upon: a Any employee of a prohibited drug den, dive or resort; and b Any person who, not being included in the provisions of the next preceding, paragraph, shall knowingly visit any prohibited drug den, dive or resort. The same penalty prescribed by this Act for the commission of the offense shall be imposed in case of any attempt or conspiracy to commit the same in the following cases: a importation of dangerous drugs; b sale, administration, delivery, distribution and transportation of dangerous drugs; c maintenance of a den, diver or resort for prohibited drug users; d manufacture of dangerous drugs; and e cultivation or culture of plants which are sources of prohibited drugs. The remaining six shall be ex-officio members, as follows: a the Secretary of Justice or his representative; b the Secretary of National Defense or his representative; c the Secretary of Health or his representative; d the Secretary of Education or his representative; e the Secretary of Finance or his representative; and f the Secretary of the Department of Social Welfare or his representative. Powers and Duties of the Board. The effect of such reclassification, addition or removal shall be as follows: 1 In case a prohibited drug is reclassified as regulated, the penalties for violations of this Act involving the latter shall, in case of conviction, be imposed in all pending criminal prosecutions; 2 In case a regulated drug is reclassified as prohibited, the penalties for violations of this Act involving regulated drugs shall, in case of conviction, be imposed in all pending criminal prosecutions: 3 In case of the addition of a new drug to the list of dangerous drugs, no criminal liability involving the same under this Act shall arise until after the lapse of fifteen 15 days from the last publication of such notice; and 4 In case of removal of a drug from the list of dangerous drugs, all pending criminal prosecutions involving such a drug under this Act shall forthwith be dismissed.

Today, 19 October 2010

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Get Access or Sign In Register. Advanced Search Help. Corporate Governance and Ethics. An Aristotelian Perspective. New Horizons in Leadership Studies series. Restricted access. With a deft synthesis of ethics, economics and politics, Alejo Sison elevates the discussion of corporate governance out of the realm of abstract rules and structures into a more effective form of Aristotelian politics. He argues that corporate governance is a human practice where subjective, ethical conditions outweigh the mastery of techniques, since the firm is not a mere production function but, above all, a community of workers. Corporate governance issues are discussed in a holistic fashion, using international case studies to embed the discussion in environments defined by their economic, legal and cultural systems. Table of Contents. Monograph Book. Buy Print. Business and Management. Business Leadership. Corporate Governance. Economics and Finance. Financial Economics and Regulation. Politics and Public Policy. Share Link Copy this link, or click below to email it to a friend. Your current browser may not support copying via this button. Share on facebook Share on linkedin Share on twitter. Technical Support. Connect with us:. Sign in to annotate. Delete Cancel Save. Cancel Save. View Expanded. View Table. View Full Size.

Tagaytay buying Heroin