Second time drug offenders

Second time drug offenders "My son-in-law was arrested for using illegal drugs. The police operatives allegedly caught him using marijuana fruiting tops when he was apprehended. He was already convicted for the same offense three years ago and was given a penalty of rehabilitation in a government center for six months. If my son-in-law will be proven guilty, what will be his imposable penalty for using illegal drugs this time?Hermie Dear Hermie,The Supreme Court in the case of Jaime D. Dela Cruz vs. People of the Philippines (GR 200748, July 23, 2014), through Chief Justice Maria Lourdes P.A. Sereno elucidated: “The elements of Section 15 are as follows: (1) the accused was arrested (2) the accused was subjected to drug test and (3) the confirmatory test shows that he used a dangerous drug. xxx.” (Emphasis supplied) For your son-in-law to be held criminally liable, the prosecution must first prove beyond reasonable doubt that he was arrested and subjected to a drug test and that there shall be a confirmatory test showing that he used a dangerous drug.Section 15, Article II of Republic Act 9165 (“The Comprehensive Dangerous Drugs Act of 2002”) provides: “Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00) xxx” (Emphases Supplied)Since your son-in-law has already been convicted of the same offense three years ago, it bears stressing that the penalty for second time offenders of drug use is imprisonment ranging from six years and one day to 12 years and a fine ranging from P50,000 to P200,000. We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/