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