Offense Charged Section 14 Possession of Equipment Instrument Apparatus Other

Offense charged section 14 possession of equipment

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Offense Charged: Section 14. Possession of Equipment, Instrument, Apparatus, & Other Paraphernalia for Dangerous Drugs during parties, social gatherings or meetings Acceptable Plea Bargain Penalty Quantity Allowed Lower Offense Penalty Maximum penalty in Section 12 4 years N/A Section 15. Use of Dangerous Drugs 6 mos. treatment & rehabilitation (positive for drug dependency test) OR Undergo counselling program at rehab center (negative for drug dependency test)
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Plea Bargain in Sec 5 Cases } Section 5 includes: } Sale, } Trading, } Administration, } Dispensation, } Delivery, } Distribution, and } Transportation
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Plea Bargain in Sec 5 Cases Offense Charged: Section 5 Acceptable Plea Bargain Penalty Quantity Allowed Lower Offense Penalty Life Imprisonment to Death and Fine ranging from P500,000 to P10,000,000 For shabu: 0.01 gram to 0.99 grams For marijuana: 0.01 gram to 9.99 grams Section 12. Possession of Equipment, Instrument, Apparatus, & Other Paraphernalia for Dangerous Drugs 6 months & 1 day to 4 years and a fine ranging from P10,000 to P50,000 10g & above for marijuana; 1g & above for shabu ° PLEA BARGAIN NOT ALLOWED
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Other Notes } In all instances of plea bargaining, whether or not the maximum period of penalty is already served, DRUG DEPENDENCY TEST is REQUIRED. } Plea bargaining is also not allowed under Section 5 (Sale, Trading, etc. : of Dangerous Drugs) involving all other kinds of dangerous drugs , except shabu and marijuana. } In all other cases where the imposable penalty is life imprisonment or life imprisonment to death, plea bargaining is not allowed.
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Continuous Trial of Criminal Cases } A.M. No. 15-06-10-SC: Revised Guidelines for Continuous Trial of Criminal Cases } Took effect September 1, 2017 } Applicability: } Shall apply to all newly-filed criminal cases including those governed by Special Rules in the First & Second Level Courts, Sandiganbayan and the Court of Tax Appeals as of Sept 1, 2017 } Shall also apply to pending criminal cases with respect to the remainder of the proceedings } Shall NOT apply to cases covered by the Rules on Summary Procedure
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Continuous Trial of Drug Cases (Violation of RA 9165) The schedule of the trial dates, for both the prosecution and the accused, SHALL BE CONTINUOUS and within the periods provided in the Regular Rules/Special Rules.
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Continuous Trial Salient Features } Trial shall be held from Monday to Thursday at exactly 8:30 A.M. and 2:00 P.M. } Hearing on motions, arraignment and pre-trial, and promulgation of judgment of decisions are in the morning of Fridays . } Prohibited motions shall be denied outright before the arraignment without need of comment.
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  • Fall '19
  • Gilbert R. Huafana

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