Pubdate: Sun, 23 Oct 2005
Source: Daily Tribune, The (Philippines)
Copyright: 2005 The Tribune Publishing Co., Inc.
Contact:  http://www.tribune.net.ph/
Details: http://www.mapinc.org/media/2973
Author: PNA
Cited: Philippine Dangerous Drugs Board http://www.ddb-ph.com
Bookmark: http://www.mapinc.org/youth.htm (Youth)
Bookmark: http://www.mapinc.org/areas/Philippines

First-Time Minor Offenders To Get 'Deferred' Penalty

First-time drug offenders under 18-years-old may now avail of a
suspended sentence with the issuance of new Dangerous Drugs Board
(DDB) rules that will take effect Nov. 1.

Catanduanes Rep. Joseph Santiago yesterday lauded the Rules on the
Suspension of Sentence of a First-time Minor Drug Offender, which the
DDB issued pursuant to the new Dangerous Drugs Act.

"The new rules give substance to the state policy to promote and
protect the well-being of the youth," Santiago said.

He added, "A detention cell is not meant for a child. Adequate steps
should be taken, even at the risk of being lenient, to safeguard and
reform youthful offenders."

"The country's juvenile justice regime should be rehabilitative and
corrective, rather than punitive," he noted.

Under the DDB's new rules, a first-time minor drug offender, or his
parent or guardian, may apply for a suspended sentence anytime after
the court finds the offender guilty, but before the court proclaims
conviction.

The application shall be filed with the DDB executive director, who is
responsible in the investigation of the case to find out whether a
suspended sentence would best to serve the ends of justice and the
public interest, as well as the welfare of the offender and his family.

The DDB executive director has to promptly report the results of his
inquiry to the court, which may then either deny the application, or
grant it and suspend proceedings.

In a suspended sentence, the offender who is not a drug dependent may
be placed under the rehabilitative supervision of the DDB executive
director for six to 18 months.

If the offender is a drug dependent, he may be placed under the care
of an accredited physician for about six to 18 months.

Before the end of the offender's treatment, the DDB executive director
will recommend to the court whether the offender may be discharged.

The judge may either discharge the offender or proclaim the conviction
of the offender, who is a drug dependent and not rehabilitated.

Once the offender is discharged, his criminal record would be
erased.

An offender may enjoy a suspended sentence only once, and any
misconduct may cause the lifting of the privilege.

A convicted offender may be sent to prison to serve his sentence or
placed under probation and required to render community service.
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