Pubdate: Sat, 16 Mar 2002
Source: Cebu Daily News  (Philippines)
Copyright: 2002sCebu Daily News
Contact:  http://www.cebudailynews.com.ph/metro5.htm
Details: http://www.mapinc.org/media/1723
Author: Malou Guanzon-Apalisok

DRUGS AND THE DEATH PENALTY

THE BROUHAHA generated by the proposal to abolish the death penalty is 
expected to draw public attention to the proposed Dangerous Drugs Act of 
2002. The Senate rendition of the proposed law that Sen. Robert Barbers 
drafted was approved three weeks ago. The House version was passed only 
last week, a feat for Cebu City Rep. Tony Cuenco who considers the proposed 
law a pet legislation. The two versions are set to be reconciled during the 
bicameral conference committee scheduled soon.

There are many provisions expected to spark heated discussions between the 
Senate and House contingents during the bicameral conference. One such 
provision is the reduction on the ceiling of illegal possession of shabu 
and other kinds of prohibited drugs.

The Senate has put a cap of 99 grams but the House has seen fit to apply 
extreme measures on the campaign against illegal narcotics by putting the 
ceiling at 10 grams.

Under existing law, possession of 200 grams of shabu is considered heinous 
crime and punishable by death.

I had the impression that the provision is covered by the present Dangerous 
Drugs Act, a law enacted during the seventies until Gov. Pablo Garcia told 
me that this was in fact a provision of the law on the death penalty.

The governor knows whereof he speaks as he is the principal author of the 
death penalty law. He first sponsored the bill in the 8th Congress when he 
served as 3rd district representative but times then were not propitious 
for the reimposition of capital punishment. It was only in his second term 
in Congress when the bill finally gained ground.

Killings, rapes and countless sensational crime stories involving scions of 
affluent families fueled public sentiment favoring the return of capital 
punishment in Philippine statutes.

Governor Garcia recalled that the passage of the death penalty law was 
imperiled when he objected to the provision pertaining to the cap of 200 
grams on illegal possession of drugs.

He has another opinion on the matter but eventually gave in to expedite the 
law's enactment.

Garcia is saying that since the Senate has come up with a provision in the 
proposed Dangerous Drugs Act that lowered the ceiling of illegal possession 
of dangerous drugs, from 200 to 99 grams, this was in effect an amendment 
to the law on death penalty
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MAP posted-by: Beth