Saturday, January 17, 2009

Tim Yap Maybe Charged with Violating RA 9165

Amiel Aguilar and Atty Trixie Angelese

Dangerous Drugs Board Chairman Vicente Sotto III in an on-air interview via Magic 89.9 FM ( January 15, 2009) has confirmed that the owners of Club Embassy maybe charged with violating Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002: An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended, Providing Funds Therefore, and for other Purposes), which he described as "places which can be classified as DIVES" and reiterated that this should serve as a warning to all! He also said that a long watch list of celebrity drug users and media personalities is already in his desk.

Our story on the brouhaha of betrayal, abuse of power and high society drug abuse by the so-called Gucci Gang started at the Hotel Intercontinental when a group of high society columnists had Australian blogger Brian Gorrell arrested and illegally detained for more than eight hours by the MAKATI Police. With the help of MAGDALO lawyer Agree Guevarra, I personally followed up and confirmed the illegal detention with the kind assistance of a staff (Philippine Marine Corp Officer)of Sen. Rudolfo Biazon. The "Gucci Gang" present at the Makati Police station when Gorrell was held for questioning were Delfin DJ Montano, Celine Lopez, Marcel Crespo and Jackie Cohen-Antonio. Later on a certain JM Rodriguez ( an alleged Gucci Gang member) told me; "kaya kayo may threat kasi nakiki-alam kayo (you get threats because you keep on interfering)".

Later, blogger Brian Gorrell alleged through his blog and live interviews in Magic 89.9 FM the rampant drug use by the Gucci Gang in club Embassy. Months after regular interviews with Brian Gorrell, Magic 89.9 account executives received three (3) death threats that apparently came from the camp of Delfin DJ Montano. I immediately called Supreme Editor Timothy Yap regarding the threats but he unfortunately told me; "Wala na akong paki (I don't care!)".

The Victorina Council upholds our position that grave abuse was committed and that justice be served! amiel aguilar cabanlig

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.
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 (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - 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 (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug.

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 (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages 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 twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

In a nutshell, TIM YAP should be under investigation, but not only for what the reports have been made out to, which is "selling" or "pushing." Maintenance of a den, dive or resort, and coddling are multiple charges that he can be liable for.

Plus he advertises that he provides "absolute privacy" for VIP rooms, the subtext being, its carte blanche for those who can pay...



atty.trixie angeles