Cannabis Freedom Index

Changelog 1c5be0a

Fill Philippine constitutional and sentencing history gaps

3 history entries added3 history entries edited4 articles written2 files of code, design or docs +498 −23 lines

History changes.yaml

Added 3

Edited 3

The Philippines abolishes the death penalty again

date

2006-06-2430

description

Republic Act 9346The law prohibited death sentences and substituted life imprisonment for capitalwhere the offence used that penalty system, including adult offences under the 2002 drug law. People whose sentences were reduced[@1,2] The Supreme Court dates its effect to life imprisonment under the Act were made ineligible for parole30 June, following publication.[@3] Cannabis possession, supply and cultivation retained their prison penalties.[@1,2]

sources

Republic Act No. 9346 — prohibition of the death penalty Republic Act No. 9165 — Comprehensive Dangerous Drugs Act of 2002 People v. Delima LawPhil — Republic Act No. 9346

related

philippines-constitutional-death-suspension-1987, philippines-death-penalty-1993, philippines-drugs-act-2002

unscored

Death is removed, but long sentences for small amounts and life imprisonment for supply or cultivation keep enforcement at zero.

The Philippines adopts its present drug law

date

2002-06-07-04

description

Republic Act 9165 replaced the 1972The replacement drug law, created the Philippine Drug Enforcement Agency and lowered the life-or-death threshold from 750 g raised possession penalties to 500 gtwelve years and one day–twenty years below 300 grams of marijuana. Below 300 g, possession carried 12and twenty years and one day to 20 years. From–life from 300 g upgrams to but not includingbelow 500 ggrams, or from 5 g up with fines.[@1] Its life-to but not including 10 g-death possession band began at 500 grams of marijuana or ten grams of resin, it carried 20 years or oil; unauthorised sales and one day to life imprisonmentcultivation carried that range regardless of quantity. Use remained a separate offence[@1] The law took effect on 4 July after newspaper publication, replacing the earlier quantity scheme.[@2,3]

sources

Nisperos v. People People v. Martin Simon y Sunga Wikipedia — Cannabis in the Philippines 1 unchanged

related

philippines-simon-quantity-ruling-1994, philippines-cruz-release-2000, philippines-death-penalty-abolished-2006

unscored

Increases penalties within the existing zero floors for possession, cultivation, enforcement, sharing and consumption; the separate compassionate-access score is unaffected.

The Philippines restores capital punishment for major drug offences

description

Republic Act 7659 made 750 g or more of marijuana subject toThe amended law restored reclusion perpetua to death and fines of ₱500,000–10 million. The same range applied to cultivation and other prohibited- for specified drug offences wheninvolving at least 750 grams of marijuana or fifty grams of resin or oil.[@1] Smaller quantities received lower prison ranges, which the Act's quantity rules were metSupreme Court clarified in 1994 and applied retrospectively.[@1,2] The law took effect on 31 December, fifteen days after newspaper publication.[@2]

sources

People v. Martin Simon y Sunga 1 unchanged

related

philippines-constitutional-death-suspension-1987, philippines-simon-quantity-ruling-1994, philippines-drugs-act-2002

unscored

Restored capital exposure and lower small-quantity bands remain within the existing zero segment floors for criminal prohibition and severe punishment.

Articles and atlas entries 4

Code, design and documents 2 files

docs/DATA-MAINTENANCE.md +11 −0
@@ -1588,2 +1588,13 @@ left the tables in 2022. All inherited score snapshots and the current profile
 remain unchanged. The 1995 commencement notification and the joint provincial
 capital-penalty chronology remain necessary for the open enforcement reconstruction.
+
+A [Philippines sentencing-history pass](research/history-philippines-sentencing-2026-10-26.md)
+on 26 October 2026 adds the 1987 constitutional suspension of death sentences,
+the 1994 Simon quantity ruling and David Cruz's 2000 release after serving more
+than the reduced maximum. Four articles connect these events to the 2002 law.
+The 1993 record now includes its lower small-quantity bands; the 2002 and 2006
+records use commencement dates, and the 2006 parole-clause attribution is corrected.
+Existing scores are preserved because long sentences and, during the intervening
+period, capital exposure keep the relevant segments at their floors. The earlier
+compassionate-access commencement and pre-1982 score assumptions remain separate
+research questions.

docs/research/history-philippines-sentencing-2026-10-26.md +40 −0
@@ -0,0 +1,40 @@
+# Philippines: the missing constitutional and sentencing transitions
+
+26 October 2026. Followed the maintenance and writing guides, inspected the current profile, history and segment definitions. Baseline: 21 Philippine history entries; four articles. This pass adds three entries and four articles, revises three existing entries and preserves all score vectors and the current profile.
+
+## What fills the gap
+
+The existing 1993 restoration of capital punishment had no preceding 1987 constitutional suspension. The record also omitted the smaller-quantity reductions introduced by the same 1993 law, the 1994 Supreme Court interpretation in *People v. Simon*, and the practical relief in *Cruz* in 2000. Together these explain the intervening sentencing regime before the much harsher 2002 law.
+
+New entries and articles:
+
+- `philippines-constitutional-death-suspension-1987`, 2 February 1987: existing death sentences reduced to reclusion perpetua, and new death sentences prohibited unless Congress subsequently legislated for heinous crimes.
+- `philippines-simon-quantity-ruling-1994`, 29 July 1994: the Court resolves the overlapping penalty ranges, sets three lower marijuana quantity bands and applies the favourable amendment retrospectively.
+- `philippines-cruz-release-2000`, 19 January 2000: habeas corpus secures release after six years and three months for a 2.70-gram sale, beyond the applicable reduced maximum.
+
+The existing 2002 entry also receives an article. The 1993 description now covers both capital restoration and lower small-quantity penalties. The 2002 and 2006 dates are corrected from signature to effectivity, and the 2006 description removes an inaccurate attribution of its specific parole clause to life imprisonment.
+
+## Primary texts read
+
+1. [1987 Constitution](https://lawphil.net/consti/cons1987.html), Article III sections 12 and 19; Article XVIII sections 3 and 27. Existing laws continue unless inconsistent; death sentences already imposed become reclusion perpetua. The constitutional route for later congressional restoration remains explicit.
+2. [De Leon v. Esguerra](https://www.lawphil.net/judjuris/juri1987/aug1987/gr_l-78059_1987.html), G.R. L-78059, 31 August 1987. The majority dates effectivity to ratification on **2 February**, not the later proclamation. Some official explanatory pages use 11 February; the dissent also argues for that date. The entry follows the majority holding and the Constitution's immediate-ratification clause.
+3. [Batas Pambansa 179](https://lawphil.net/statutes/bataspam/bp1982/bp_179_1982.html), especially amended possession/use and cultivation provisions. Marijuana possession/use carries six years and one day to twelve years plus a fine; cultivation fourteen years and one day to life. These explain continuing severe imprisonment through the constitutional death suspension.
+4. [Republic Act 7659](https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html), sections 13, 17 and 28. The quantity list includes 750 grams of marijuana and fifty grams of resin/oil; the lower band and aggravating exceptions must not be erased by summarising the law only as a capital restoration.
+5. [People v. Simon](https://lawphil.net/judjuris/juri1994/jul1994/gr_93028_1994.html), G.R. 93028, 29 July 1994: factual background, part II's interpretation and final disposition. Four recovered bags totalled 3.8 grams, but the appeal concerned the sale of two bags. Do not describe all 3.8 grams as proved sold. The actual sentence is **six months to six years**, not the shorter sentence in a different case applying Simon. Below 250 grams the statutory principal penalty is six months and one day to six years; the indeterminate-sentence minimum can be lower. Footnote 52 gives publication on 16 December 1993 and effectivity on 31 December.
+6. [In re David Cruz](https://lawphil.net/judjuris/juri2000/jan2000/gr_137560_2000.html), G.R. 137560, 19 January 2000. Read the failed appeal, legal-aid background, quantity, time served and release order. The Court grants habeas corpus while rejecting the separate challenge to dismissal of the appeal. It does not acquit Cruz. Release is subject to another lawful cause of detention. Avoid choosing between the opinion's differing September 1993 conviction dates; the article uses the year.
+7. [Republic Act 9165](https://lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html), sections 3, 5, 11, 15–16, 77, 82 and 100–102. Read the actual possession, supply, cultivation and use provisions. The LawPhil footer wrongly gives January 23 as the approval date; it is not relied on. A Senate search result identifies 7 June approval, but opening that page returned 403; it is only a corroborating lead, and neither signature date determines effectivity.
+8. [Nisperos v. People](https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68767), G.R. 250927, 29 November 2022: majority guidelines and footnote 44 explicitly give publication in the Manila Times and Manila Standard on 19 June 2002 and effectivity on **4 July 2002**. Used for commencement, not presented as a marijuana case: the underlying prosecution concerns methamphetamine.
+9. [Republic Act 9346, Supreme Court E-Library](https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/245), full short Act. Section 2 distinguishes reclusion perpetua from life imprisonment according to the offence's penalty terminology. Section 3's express no-parole wording names reclusion perpetua; the old entry incorrectly paraphrased it as covering people reduced to life imprisonment. Removing that attribution does not make a broader claim about parole eligibility under other laws. The E-Library also corrects transcription errors in LawPhil's passage date and Indeterminate Sentence Law number.
+10. [People v. Delima](https://lawphil.net/judjuris/juri2007/jul2007/gr_169869_2007.html), G.R. 169869, 12 July 2007: the penalty discussion expressly dates RA 9346's effectivity to **30 June 2006**, following the Act's publication requirement. Used for the date, not as a drug case. Other judgments sometimes loosely associate effectivity with 24 June signature; this entry follows the explicit later effective-date statement rather than the signature heading.
+
+Downloaded HTML and extracted text are retained in `tmp/history-philippines-sentencing-2026-10-26/`. Legal texts and judicial decisions are primary material; no article was written from a search summary.
+
+## Scores and scope
+
+All inherited `before` vectors and the current profile are unchanged. The 1987 suspension leaves six-to-twelve-year marijuana possession/use imprisonment and other long sentences, which remain in enforcement zero. In 1993/1994, death exposure for qualifying cannabis offences remains even while smaller quantities get reduced prison ranges. The 2002 tightening cannot take the already-zero possession, cultivation, sharing, consumption or enforcement segments below their floors. The 2006 abolition leaves long sentences for small possession and life for supply and cultivation, also within enforcement zero. Those legal changes therefore receive substantive `unscored` reasons; the individual Cruz release is an enforcement example, not a national legalisation or acquittal.
+
+This pass does not resolve whether the existing 1992 general compassionate-permit framework supported actual cannabis access from that date, or reconstruct the pre-1982 enforcement scores. Those require their own evidence and should not be silently inferred from these sentencing cases.
+
+## Validation
+
+History tests: 39 passed. Answer/profile-claim tests: 16 passed. The country-chain check reports no flagged transitions. A semantic preservation check verifies three additions, three revised existing entries, identical historical score vectors and a byte-identical current profile. The four articles have 350–500 words and four sections each; all cited sources and internal history links resolve. The full Astro build produced 4,177 pages. Browser verification checked the country score chart, its 24-entry History tab, the Simon article and its references, and the Philippines filter on `/history/`. Generated-page checks also verify all six touched event pages, source anchors, article links, decade pages and the unchanged current score of 1.

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