Pubdate: Thu, 21 Aug 2003 Source: Manila Bulletin (The Philippines) Contact: http://www.mb.com.ph/ Details: http://www.mapinc.org/media/906 TOUGHER PLAN OF ACTION VS DRUG MENACE CITED The head of the country's anti-drug lead agency stressed the need to adopt a plan of action for the Criminal Justice System (CJS) that will respond to pressing problems that hinder effective drug law enforcement. Usec. Anselmo S. Avenido Jr., Director General of the Philippine Drug Enforcement Agency (PDEA) said that since the enactment of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, more than a year ago, the government has made significant inroads against the drug problem. He noted, however, that despite the accomplishments, cases are being dismissed on mere technicality because of seemingly vague provisions in the law. "Because of these instances, there is a need to adopt a plan of action that enables our Criminal Justice System to respond to the need for speedy prosecution and disposition of cases, rehabilitation of drug offenders and greater involvement of the private sector and communities," Avenido said. He cited the cases of seven Chinese nationals who were freed by a Quezon City judge on mere technicality. The prosecution had since appealed their cases, with a new judge reversing the decision and the seven barred by the Bureau of Immigration from leaving the country. The five pillars of the Criminal Justice System are law enforcement, prosecution, courts, corrections and community. Avenido was the recent guest speaker of the "Talakayan ng Limang Haligi ng Katarungan: Mga Paglilinaw Sa Batas Sa Ipinagbabawal Na Gamot" jointly sponsored by the provincial government of Bulacan headed by Governor Josie Dela Cruz and the Regional Trial Court of Bulacan headed by Executive Judge Guillermo Agloro at the Hiyas Convention Center, Malolos, Bulacan. Avenido also discussed Article II (Unlawful Acts and Penalties) of RA 9165, particularly Section 11 thereof. Section 11 states: "The penalty of life imprisonment to death and a fine ranging from five hundred thousand pesos (R500,000.00) to ten million pesos (R10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:" 1) 10 grams or more of opium; 2) 10 grams or more of morphine; 3) 10 grams or more of heroin; 4) 10 grams or more of cocaine or cocaine hydrochloride; 5) 50 grams or more of methamphetamine hydrochloride of "shabu," 6) 10 grams or more marijuana resin or marijuana resin oil; and 7) 500 grams or more of marijuana. Avenido said possessing 10 grams or more but less than 50 grams of shabu is a non-bailable offense and carries the penalty of life imprisonment and death, while possessing five grams or more but less than 10 grams of shabu is also a non-bailable offense and caries the penalty of 20 years and one day imprisonment to life imprisonment. He added that possessing less than five grams of shabu is a bailable offense but the penalty is imprisonment of 12 to 20 years. (PDEA)