Senate passes amendments to Dangerous Drugs Act

The Senate passed yesterday on second reading a bill strengthening the Dangerous Drugs Act by imposing stiffer sanctions, lowering the amount of drug possession needed for capital punishment, and employing the participation of family, schools and workplace in enforcing it.

Sen. Robert Barbers, principal author and sponsor of the measure, said the passage of the bill would correct the "infirmities" of the old law, saying they contributed to the spread of the drug menace in recent years.

The approval of the bill on second reading came after Senate Minority Leader Aquilino Pimentel Jr. decided to withdraw his proposed amendment seeking to eliminate capital punishment for drug offenses.

Barbers admitted that had Pimentel persisted, the passage of the measure would have been delayed.

"We all agreed to let this bill go. Instead of amending the bill, Senator Pimentel has agreed to just file a separate bill abolishing the death penalty," Barbers said.

Under the measure, also authored by Senators Juan Flavier, Vicente Sotto III, Sergio Osmeña III, Panfilo Lacson and Robert Jaworski, life imprisonment to death and fine of P500,000 to P10 million shall be imposed for the physical possession of the following minimum quantities of dangerous drugs, regardless of the degree of purity or quality: 99 grams of shabu, 10 grams of opium, or morphine, or heroin, or cocaine or marijuana resin or Ecstacy, and 500 grams of marijuana.

Before, possession of at least 200 grams of shabu and other dangerous drugs was subject to capital punishment. Barbers said the previous quantities were beyond the normal consumption of a user, which is 10 grams, so possession beyond this would indicate the person has intention of pushing the illegal drug.

The measure makes drug rehabilitation mandatory for persons arrested for drug possession for the first time, provided the quantity is not covered by capital punishment.

An amendment of Lacson, which was approved by the Senate, called for the consfiscation and forfeiture of all the assets and properties of the accused, either owned or held by him or in the name of other persons, if these are manifestly out of proportion to his or her lawful income.