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SEVENTEENTH CONGRESS OF THE 
] 
REPUBLIC OF THE PHILIPPINES 
1
First Regular Session 
]
SENATE
S. B. No. 1294
‘17 
JAN 16 P6:17
RKHVtDBV1.
In tro d u c e d  by SEN. WIN GATCHALIAN
AN ACT
REIMPOSING THE DEATH PENALTY AND INCREASING PENALTIES FOR 
CRIM ES INVOLVING DANGEROUS DRUGS, AMENDING FOR THE PURPOSE 
CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9 1 6 5 , AS AMENDED, 
OTHERW ISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002 "
EXPLANATORY NOTE
The scourge of illegal drugs continues to plague o u r country. The n u m b er of 
drug dependents h as continued 
to rise even w ith 
the enactm ent of the 
C om prehensive D angerous D rugs Act of 2002. According to the D angerous D rugs 
Board, m ore th a n  4.74 million persons in the country, or 6.1 percent of the 
population aged 10-69, have u sed  illegal drugs at least once in their lifetime. W hat 
is m ore alarm ing is the increase in prevalence rate to 2.3 percent -  representing 
1.76 million individuals -  from 1.8 percent or 1.3 million drug addicts in 2012.
S tatistics now show  evidentiary proof of the dependence and proclivity of our 
countrym en to drugs. The repugnancy of th is trade by the sheer nu m b er and 
statu re of those involved is chilling. O ur resources are lim ited in fighting the entry 
of drug supplies from backdoor entry points, and these lim itations are further 
exacerbated by b latan t corruption am ong the ran k s of police enforcem ent 
personnel tagged as protectors of the trade. The proliferation of illegal drugs h as 
becom e even m ore w idespread an d  ingrained in niches of the youth, in the echelons 
of the rich, and am ong o u r powerful politicians.
Before the faith of our people in governm ent is com pletely eroded, an d  the 
tru st in its ability to m aintain peace an d  order is totally underm ined, it is 
incum bent th a t we re-im pose the death penalty upon the powerful people at the 
top who bring in and d istribute large am o u n ts of illegal drugs -  those who enrich


them selves w ith b la tan t disregard to the d isastro u s consequences of the growing 
drug trade, happy to corrupt the m ost essential fibres of Philippine society for their 
disgusting personal gain.
This bill provides a quantitative stan d ard  in serving out the penalty of death 
only to those people responsible for the distribution of illegal drugs in the am ounts 
specified in the provision hereunder. These people peddle, induce an d  corrupt the 
innocence of o u r young an d  prey upon the w eak to ab u se their bodies. Let u s show 
these debased souls th a t they should be m ade liable to the consequences of their 
acts by pajang the ultim ate price.
rATCHALIA
lenator


SEVENTEENTH CONGRESS OF THE 
] 
REPUBLIC OF THE PHILIPPINES 
|
First Regular Session 
|
SENATE 
•S.B. No.
je e iia r e
' \ a.-nr <®ffifr o( t!|f £»fcretarj>
'17 ,WN16 P6:17
RECbfVlO §r.
In tro d u c e d  by SEN. WIN GATCHALIAN
AN ACT
REIM POSING THE DEATH PENALTY AND INCREASING PENALTIES FOR 
CRIM ES INVOLVING DANGEROUS DRUGS, AMENDING FOR THE PURPOSE 
CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9 1 6 5 , AS AMENDED, 
OTHERW ISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002"
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress 
assem bled:
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SECTION 1. Section 4, Article II of R epublic Act 9165, as am ended,
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otherw ise know n as the “Comprehensive Dangerous Drugs Act of 2002, ” is hereby
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am ended to read a s follows:
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“SEC. 4. Importation of Dangerous Drugs a n d /o r Controlled Precursors 
and Essential Chemicals. - The penalty of [life im prisonm ent to] death 
[and a fine ranging from Five h u n d red  th o u san d  pesos (P500,000.00) to 
Ten m illion pesos (P10,000,000.00)] shall be im posed upon einy person, 
who, u n le ss authorized by law, shall im port or bring into the 
Philippines any dangerous drug, [regardless of the quantity an d  purity 
involved,] 
IN TH E QUANTITY PRESCRIBED UNDER SECTION 11 
HEREOF, including any an d  all species of opium  poppy or any p art 
thereof or su b stan ces derived therefrom  even for floral, decorative an d  
culinary purposes.


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The penalty of LIFE im prisonm ent [ranging from twelve (12) 
years and one (1) day to tw enty (20) years] an d  a fine ranging from 
[One] FIVE h u n d red  th o u san d  pesos ([PI00,000.00] P 5 0 0 >000.00) to 
[Five h u n d red  thousand] TEN MILLION pesos 
([PIO.OOO.OOO.OO] 
P 1 0 ,0 0 0 ,0 0 0 .0 0 ) shall be im posed upon any person, who, u nless 
authorized by law, shall im port OR BRING INTO THE PHILIPPINES 
any 
[controlled 
precursor 
and 
essential 
chem ical] 
DANGEROUS 
DRUGS 
LESS 
THAN 
THE 
QUANTITY 
SPECIFIED 
IN 
THE 
PRECEDING PARAGRAPH, INCLUDING ANY AND ALL SPECIES OF 
OPIUM POPPY OR ANY PART THEREOF OR SUBSTANCES DERIVED 
THEREFROM  EVEN FOR FLORAL, DECORATIVE AND CULINARY 
PURPOSES
THE PENALTY OF IMPRISONMENT RANGING FROM TWELVE 
(12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS AND A FINE 
RANGING FROM ONE HUNDRED THOUSAND PESOS (P 100,000.00) 
TO FIVE HUNDRED THOUSAND PESOS (P 50 0 ,0 0 0 .0 0 ) SHALL BE 
IMPOSED UPON ANY PERSON, WHO, UNLESS AUTHORIZED BY 
LAW, 
SHALL 
IMPORT 
ANY 
CONTROLLED 
PRECURSOR 
AND 
ESSENTIAL CHEMICAL.
The m axim um  penalty provided for u n d er this Section shall be 
im posed upon any person, who, u nless authorized u n d er this Act, shall 
im port or bring into the Philippines any dangerous drug a n d /o r 
controlled precursor an d  essential chem ical through the use of a 
diplom atic passport, diplom atic facilities or any other m eans involving 
h is /h e r official sta tu s intended to facilitate the unlaw ful entry of the


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sam e. In addition, the diplom atic passp o rt shall be confiscated and 
cancelled.
The m axim um  penalty provided for u n d er th is Section shall be 
im posed up o n  any person, who organizes, m anages or acts as a 
"financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to tw enty (20) 
years of im prisonm ent an d  a fine ranging from One h u n d red  th o u san d  
pesos (P100,000.00) to Five h u n d red  th o u san d  pesos (P500,000.00) 
shall be im posed upon any person, who acts as a "protector/coddler" of 
any violator of the provisions u n d er this Section.”
SEC. 2. Section 5 of the sam e Act is hereby am ended to read as follows:
Section 5. Sale, Trading, Administration, Dispensation, Delivery, 
Distribution and Transportation of Dangerous Drugs an d /o r Controlled 
Precursors and Essential Chemicals. -  The penalty of [life im prisonm ent 
to] DEATH [and a fine ranging from Five h u n d red  th o u san d  pesos 
(P500,000.00) to Ten million pesos (P10,000,000.00)] shall be im posed 
upon any person, who, u n less authorized by law, shall sell, trade, 
adm inister, dispense, deliver, give away to another, d istribute dispatch 
in tran sit or tran sp o rt any dangerous drug, including any and all 
species of opium  poppy, [regardless of the quantity and purity involved] 
IN THE QUANTITY PRESCRIBED UNDER SECTION 11 HEREOF, or 
shall act as a broker in any of such transactions.
The penalty of im prisonm ent ranging from twelve (12) years and 
one (1) day to tw enty (20) years and a fine ranging from [One hundred 
th o u san d  pesos (PIOO.OOO.OO)] to FIVE HUNDRED THOUSAND PESOS


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(P 500,0 0 0 .0 0 ) TO TEN MILLION PESOS (PIO ,0 0 0 ,0 0 0 .0 0 ) shall be 
im posed upon any person, who, u n less authorized by law, shall sell, 
trade, adm inister, dispense, deliver, give away to another, distribute, 
dispatch in tran sit or tran sp o rt any controlled precursor and essential 
chem ical, IN LESS THAN THE QUANTITY SPECIFIED IN THE 
PRECEDING 
PARAGRAPH, 
or 
shall 
act 
a s 
a 
broker in 
such 
transactions.
If the sale, trading, adm inistration, dispensation, delivery, 
distribution or tran sp o rtatio n  of any dangerous drug a n d /o r controlled 
precursor and essential chem ical tran sp ires w ithin one h u n d red  (100) 
m eters 
from 
the 
school, 
the 
[m axim um ] 
penalty 
OF 
LIFE 
IMPRISONMENT shall be im posed in every case.
XXX
XXX
XXX
SEC. 3. Section 6 of the sam e Act is hereby am ended to read as follows:
“Section 6. M aintenance of a Den, Dive or Resort. - The penalty 
of [life im prisonm ent to] DEATH and a fine ranging from Five h u n d red  
th o u san d  pesos (P500,000.00) to Ten million pesos (PI0,000,000.00) 
shall be im posed upon any person or group of persons who shall 
m aintain a den, dive or resort w here any dangerous drug IN THE 
QUANTITIES PRESCRIBED UNDER SECTION 11 HEREOF is used or 
sold in any form.
The penalty of [im prisonm ent ranging from twelve (12) years and 
one (1) day to tw enty (20) years] LIFE IMPRISONMENT and a fine 
ranging from O ne h u n d red  th o u san d  pesos (P 100,000.00) to Five 
h u n d red  th o u san d  pesos (P500,000.00) shall be im posed upon any


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person or group of persons who shall m aintain a den, dive, or resort 
w here any controlled precursor and essential chem ical is used or sold 
in any form IN LESS THAN THE QUANTITY SPECIFIED IN THE 
PRECEDING PARAGRAPH
The m axim um  penalty provided for u n d er th is Section shall be 
im posed in eveiy case w here any dangerous d rug is adm inistered, 
delivered or sold to a m inor who is allowed to u se the sam e in such a 
place.
Should any dangerous drug be the proxim ate cause of the death 
of a person using the sam e in such den, dive or resort, the penalty of 
death an d  a fine ranging from One million (P I,000,000.00) to Fifteen 
million pesos (P15,000,000.00) shall be im posed on the m aintainer, 
ow ner a n d /o r operator.
If such den, dive or resort is owned by a third person, the sam e 
shall be confiscated an d  escheated in favor of the governm ent: 
Provided, T hat the crim inal com plaint shall specifically allege th a t such 
place is intentionally used in the furtherance of the crim e: Provided, 
further. T hat the prosecution shall prove such in ten t on the p art of the 
ow ner to u se the property for such purpose: Provided, finally. T hat the 
ow ner shall be included as an accused in the crim inal com plaint.
The m axim um  penalty provided for u n d er th is Section shall be 
im posed upon any person who organizes, m anages or acts as a 
"financier" of any of the illegal activities prescribed in this Section.
The penalty twelve (12) years an d  one (1) day to tw enty (20) years 
of im prisonm ent and a fine ranging from One h u n d red  th o u san d  pesos


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(P100,000.00) to Five h u n d red  th o u san d  pesos (P500.000.00) shall be 
im posed upon any person, who acts as a "protector/coddler" of any 
violator of the provisions u n d er this Section.”
SEC. 4. 
Section 8 of the sam e Act is likewise am ended to read as 
follows:
“SEC. 8. M anufacture of Dangerous Drugs an d /o r Controlled 
Precursors and Essential Chemicals. - The penalty of [life im prisonm ent 
to] death [and a fine ranging from Five h u n d red  th o u san d  pesos 
(P500.000.00) to Ten million pesos (PIO.OOO.OOO.OO)] shall be im posed 
upon any person, who, u n less authorized by law, shall engage in the 
m anufacture of any dangerous drug REGARDLESS OF THE QUANTITY 
AND PURITY OF THE DRUGS INVOLVED.
The penalty of im prisonm ent ranging from twelve (12) years and 
one (1) day to tw enty (20) years and a fine ranging from One hundred 
th o u san d  
pesos 
(PIOO.OOO.OO) 
to 
[Five 
h u n d red  
thousand] 
TEN 
MILLION PESOS (P 1 0 ,0 0 0 ,0 0 0 .0 0 ) shall be im posed upon any person, 
who, u n less authorized by law, shall m anufacture any controlled 
precursor and essential chem ical.
The presence of any controlled precu rso r and essential chem ical 
or laboratory equipm ent in th e clandestine laboratory is a prima facie 
proof of m anufacture of any dangerous drug. It shall be considered an 
aggravating circum stance if the clandestine laboratory is u n d ertak en  or 
established u n d er the following circum stances:
(a) Any phase of the m anufacturing process w as conducted in the 
presence or with the help of m in o r/s;


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(b) Any p hase or m anufacturing process w as established or 
u n d ertak en  w ithin one h u n d red  (100) m eters of a residential, business, 
church or school prem ises;
c) Any clandestine laboratory w as secured or protected with 
booby traps;
(d) Any clandestine laboratory w as concealed w ith legitim ate 
b u sin ess operations; or
(e) Any em ploym ent of a practitioner, chem ical engineer, public 
official or foreigner.
The m axim um  penalty provided for u n d er th is Section shall be 
im posed upon any person, who organizes, m anages or acts as a 
"financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to tw enty (20) 
years of im prisonm ent an d  a fine ranging from One h undred th o u san d  
pesos (P100,000.00) to Five h u n d red  th o u san d  pesos (P500,000.00) 
shall be im posed upon any person, who acts as a "protector/coddler" of 
any violator of the provisions u n d er this Section.”
SEC. 5. Section 11 of the sam e Act is hereby am ended to read as follows;
“SEC. 11. Possession of Dangerous Drugs. - The penalty of [life 
im prisonm ent to] 
death 
[and a fine ranging from Five h u n d red  
th o u san d  pesos (P500,000.00) to Ten million pesos (P I0,000,000.00)] 
shall be im posed upon any person, who, u nless authorized by law, shall 
possess any dangerous drug in the following quantities, regardless of the 
degree of purity thereof:


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(1) [10] 2 0 0  gram s or m ore of opium ;
(2) [10] 2 0 0  gram s or m ore of m orphine;
(3) [10] 2 0 0  gram s or m ore of heroin;
(4) [10] 2 0 0  gram s or m ore of cocaine or cocaine hydrochloride;
(5) [50] 1000 gram s or m ore of m etham phetam ine hydrochloride 
or "shabu";
oil:
(6) [10] 2 0 0  gram s or m ore of m ariju an a resin or m ariju an a resin
(7) [500] 1 0 000 gram s or m ore of m arijuana; and
(8) [10] 2 0 0  gram s or m ore of other dangerous drugs su ch  as, b u t 
not lim ited to, m ethylenedioxym etham phetam ine (MDA) or "ecstasy", 
param ethoxyam phetam ine 
(PMA), 
trim ethoxyam phetam ine 
(TMA), 
lysergic acid diethylam ine (LSD), gam m a hydroxyam phetam ine (GHB), 
and those sim ilarly designed or newly introduced drugs and their 
derivatives, w ithout having any therapeutic value or if the quantity 
possessed is far beyond therapeutic requirem ents, as determ ined and 
prom ulgated by the Board in accordance to Section 93, Article XI of this 
Act.
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O therw ise, if the quantity involved is less th a n  the foregoing 
quantities, the penalties shall be graduated as follows:
(1) 
Life im prisonm ent an d  a fine ranging from [Four] FIVE 
h u n d red  th o u san d  pesos ([P40,000.00] P 5 0 0 ,000.00) to [Five h u n d red  
th o u san d  pesos] TEN MILLION PESOS (PIO ,0 0 0 ,0 0 0 .0 0 ), if the 
quantity of m etham phetam ine hydrochloride or "shabu" is [ten 
(10)] 
MORE THAN FIVE HUNDRED (500) gram s but LESS THAN [fifty (50)] 
ONE THOUSAND (1000) gram s;


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(2) Im prisonm ent of tw enty (20) years and one (1) day to life 
im prisonm ent and a fine ranging from Four h u n d red  th o u san d  pesos 
(P400,000.00) to Five h u n d red  th o u san d  pesos (P500,000.00), if the 
quantit[ies]Y  of [dangerous drugs] [are] IS [five (5)] MORE THAN ONE 
HUNDRED (100) gram s b u t LESS THAN [ten (10)] FIVE HUNDRED 
(500) 
gram s of 
[opium , 
m orphine, 
heroin, 
cocaine 
or cocain 
hydrochloride, 
m arijuana 
resin 
or 
m ariju an a 
resin 
oil,] 
; 
m etham phetam ine hydrochloride or “sh a b u ” [or other dangerous drugs 
su ch  as, b u t not lim ited to MDMA or “ecstasy”, PM A, TMA, LSD, GHB, 
an d  those sim ilarly designed or newly introduced drugs and their 
derivatives, w ithout having any th erap eu tic value or if the quantity 
possessed is far beyond therapeutic requirem ents; or three hundred 
(300) gram s or m ore b u t less th an  five h u n d red  (500) gram s of 
m arijuana]; and
(3) Im prisonm ent of twelve (12) years and one (1) day to tw enty 
(20) years and a  fine ranging from Three h u n d red  th o u san d  pesos 
(P300,000.00) to Four h u n d red  th o u san d  pesos (P400,000.00), if the 
quantit[ies]Y  of [dangerous drugs are less th a n  five (5) gram s of opium , 
m orophine, heroin, cocaine or cocain hydrochloride, m arijuana resin or 
m ariju an a resin oil] m etham phetam ine hydrochloride or "shabu", [or 
other dangerous drugs su ch  as, b u t not lim ited to, MDMA or “ecstasy”, 
PMA, TMA, 
LSD, 
GHB, an d  those sim ilarly designed or newly 
introduced drugs an d  their derivatives, w ithout having any therapeutic 
value 
or 
if the 
quantity 
possessed 
is 
far 
beyond 
therapeutic 
requirem ents; or] 
IS less th a n  
[three h u n d red  
(300) 
gram s 
of 
m arijuana.] ONE HUNDRED (100) gram s;


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(4). IMPRISONMENT OF TWENTY (20) YEARS AND ONE (1) 
DAY TO LIFE IMPRISONMENT AND A FINE RANGING FROM FOUR 
HUNDRED THOUSAND PESOS (P 400,00 0 .0 0 ) TO FIVE HUNDRED 
THOUSAND 
PESOS 
(P 500,0 0 0 .0 0 ), 
IF 
THE 
QUANTITIES 
OF 
DANGEROUS DRUGS ARE MORE THAN ONE HUNDRED (100) 
GRAMS BUT LESS THAN TWO HUNDRED (200) GRAMS OF OPIUM, 
MORPHINE, HEROIN, COCAINE OR COCAINE HYDROCHLORIDE, 
MARIJUANA RESIN OR MARIJUANA RESIN OIL, 
OR OTHER 
DANGEROUS DRUGS SUCH AS, BUT NOT LIMITED TO, MDMA OR 
"ECSTASY", 
PMA, 
TMA, 
LSD, 
GHB, 
AND 
THOSE 
SIMILARLY 
DESIGNED 
OR 
NEWLY 
INTRODUCED 
DRUGS 
AND 
THEIR 
DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC VALUE OR 
IF THE QUANTITY POSSESSED IS FAR BEYOND THERAPEUTIC 
REQUIREMENTS; OR MORE THAN FIVE THOUSAND (5000) GRAMS 
BUT LESS THAN TEN THOUSAND (10000) GRAMS OF MARIJUANA;
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(5) 
IMPRISONMENT OF TWELVE (12) YEARS AND ONE (1) 
DAY TO TWENTY (20) YEARS AND A FINE RANGING FROM THREE 
HUNDRED THOUSAND PESOS (P 300,000.00) TO FOUR HUNDRED 
THOUSAND 
PESOS 
(P 4 0 0 ,0 0 0 .0 0 ), 
IF 
THE 
QUANTITIES 
OF 
DANGEROUS DRUGS ARE LESS THAN ONE HUNDRED (100) GRAMS 
OF 
OPIUM, 
MORPHINE, 
HEROIN, 
COCAINE 
OR 
COCAINE 
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN OIL, 
OR OTHER DANGEROUS DRUGS SUCH AS, BUT NOT LIMITED TO, 
MDMA OR 
"ECSTASY", 
PMA, 
TMA, 
LSD, 
GHB, 
AND THOSE 
SIMILARLY DESIGNED OR NEWLY INTRODUCED DRUGS AND 
TH EIR 
DERIVATIVES, 
WITHOUT 
HAVING 
ANY 
THERAPEUTIC 
VALUE OR IF THE QUANTITY POSSESSED IS FAR BEYOND
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THERAPEUTIC REQUIREMENTS; OR LESS THAN FIVE THOUSAND
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(5000) GRAMS OF MARIJUANA.”
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SEC. 6. Section 28 of the sam e Act is hereby am ended to read as follows:
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“SEC. 
28. 
Criminal 
Liability 
of Government 
Officials 
and
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Employees. -  The [m axim um ] penalt[ies]Y of [the unlaw ful acts] DEATH
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[provided for in this Act] shall be im posed, [in addition to absolute
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perpetual disqualification from any public office], if those found guilty [of
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such] 
FOR 
unlaw ful 
[acts] 
POSSESSION 
OF 
THE 
AMOUNTS
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PRESCRIBED UNDER SECTION 11 OF THIS ACT are governm ent
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officials and em ployees.
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SEC. 7. D eath by L e th a l Injection. -  The penalty of death im posed u n d er
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the sections abovem entioned shall be carried out through lethal injection. Republic
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Act No. 8177 otherw ise know n as the “Act Designating Death by Lethal Injection” is
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th u s hereby revived and activated.
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SEC. 8. Im plem enting R ules a n d  R egulations. -  W ithin thirty (30) days
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from the approval of this Act, the Secretary of Ju stic e  shall prom ulgate the
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necessary rules an d  regulations for the effective im plem entation of this Act.
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SEC. 9. S ep a ra b ility  C lause. -  If any provision or p art of th is Act is
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declared invalid or unconstitutional, the rem aining part or provisions not affected
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shall rem ain in full force an d  effect.
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SEC. 10. R epealing C lause. -  Republic Act No. 9346 is hereby repealed or
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am ended insofar as it prohibits the im position of d eath  penalty for the crim es
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provided in this Act. All other laws, rules, regulations, orders, circulars, and other
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issu an ces or p arts thereof, w hich are inconsistent w ith the provisions of this Act
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are hereby repealed, am ended or modified accordingly.
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SEC. 11. E ffectim ty. -  This Act shall take effect fifteen (15) days after its
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publication in a  new spaper of general circulation.
Approved,
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