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ACT NO. 1761
ACT NO. 1761 - AN ACT GRADUALLY TO
RESTRICT AND REGULATE THE SALE AND USE OF OPIUM PENDING THE ULTIMATE
PROHIBITION OF THE IMPORTATION OF OPIUM INTO THE PHILIPPINE ISLANDS IN
WHATEVER FORM EXCEPT FOR MEDICINAL PURPOSES AS PROVIDED BY THE ACT OF
CONGRESS APPROVED MARCH THIRD, NINETEEN HUNDRED AND FIVE, AND
PROHIBITING ANY PERSON FROM HAVING THE POSSESSION OF OPIUM, COCAINE, OR
ALPHA OR BETA EUCAINE IN ANY OF THEIR SEVERAL FORMS, OR ANY DERIVATIVE
OR PREPARATION OF ANY OF SUCH DRUGS OR SUBSTANCES, EXCEPT FOR MEDICINAL
PURPOSES, AND TO REPEAL ACT NUMBERED FOURTEEN HUNDRED AND SIXTY-ONE,
AND FOR OTHER PURPOSES
Section 1. Opium within the meaning of this Act shall embrace
every kind, class, and character of opium, whether crude, prepared, or
refuse, and all narcotic preparations thereof or therefrom, and all
morphine or alkaloids of opium and all preparations in which opium,
morphine, or any alkaloid of opium enters as an ingredient, together
with all opium leaves and wrappings of opium leaves, whether such
leaves or wrappings are prepared for use or not.
Sec. 2. Upon the presentation by any Chinese
person of a written application, verified by his oath before an officer
entitled to administer oaths, and reciting that he habitually smokes,
chews, swallows, or injects opium, or is otherwise addicted to the use
of opium, stating the quantity of opium consumed daily, it shall be the
duty of the treasurer of the municipality or the treasurer of the
township or settlement in which said application is presented, or if
presented in the city of Manila then of the Collector of Internal
Revenue, upon the payment to such official by the applicant of the fee
herein prescribed, to register such Chinese person as a confirmed user
of opium and to issue to him a certificate stating that he is addicted
to the use of opium, the manner and form of its use, and the quantity
of the drug which he shall be permitted to consume per day. The
certificates so issued shall be printed in quadruplicate and shall be
consecutively numbered. One of the quadruplicates shall be retained by
the officer issuing the same, one shall be forwarded forthwith to the
treasurer of the province in which said municipality, township, or
settlement is located, one shall be forwarded to the Collector of
Internal Revenue, and one shall be delivered to the person registered.
Beginning with the certificates for the month of November, nineteen
hundred and seven, the Collector of Internal Revenue shall reduce each
month the quantity which shall be permitted to be consumed by each
registered confirmed user of opium by an amount equal to fifteen per
centum of the quantity allowed on the original certificate issued under
this law. The fee to be charged for confirmed users' certificates
provided for in this section shall be as follows: Certificates for the
period from the date of taking effect of this Act until the end of
October, nineteen hundred and seven, one peso; for the month of
November, nineteen hundred and seven, two pesos and fifty centavos; for
the month of December, nineteen hundred and seven, five pesos; for the
month of February, nineteen hundred and eight, ten pesos. No
certificates shall be honored by a dispensator of opium hereinafter
mentioned except when presented by the owner during the month for which
issued. All such certificates shall be accounted for as cash at face
value thereof. Spoiled or mutilated certificates not issued shall be
retained and turned in with the accounts of the responsible officer at
the proper time.
Sec. 3. Any person who makes or uses a false or
counterfeit certificate or other official document used in the
enforcement of this Act, or who with intent to defraud has in his
possession any false, counterfeit, restored, or altered certificate or
other official document used in the enforcement of this Act, or who
alters the written or printed figures or letters upon such certificate
or other official document used in the enforcement of this Act, or who
procures the commission of any such offense by another, or who
cooperates or assists in the commission of any such offense, or who
lends or delivers his certificate to another, shall be punished by a
fine not exceeding five thousand pesos, or by imprisonment for a period
not exceeding two years, or by both such fine and imprisonment, in the
discretion of the court.
Sec. 4. (a) Except when prescribed as a medicine
by a duly licensed and practicing physician, it shall be unlawful for
any person to smoke, chew, swallow, inject, or otherwise consume or use
opium unless such person has been duly registered as provided in
section two hereof and has secured the certificate therein provided.
Except when prescribed as a medicine by a duly licensed and practicing
physician, no registered confirmed user of opium shall smoke, chew,
swallow, inject, or otherwise use or consume opium except in a duly
licensed opium dispensary hereinafter provided for.
(b) Any person violating the provisions of this
section shall be punished by a fine not exceeding two hundred pesos, or
by imprisonment for a period not exceeding six months, or by both such
fine and imprisonment, in the discretion of the court: PROVIDED, That
in case of the commission of a second offense under the provisions of
this section the person so convicted, if other than a citizen of the
States or a citizen of the Philippine Islands, may by order of the
court be deported.
Sec. 5. (a) It shall be unlawful to sell,
transfer, give, or deliver opium to any person except to a duly
licensed and practicing physician, pharmacist, or second-class
pharmacist, or a duly licensed dispensator of opium, or duly registered
confirmed user of opium in a licensed opium dispensary for consumption
therein only, and in accordance with the provisions of this Act:
PROVIDED, HOWEVER, That the transfer of ownership of opium, but not
delivery thereof, as may be made to licensed wholesale dealers in
opium; AND PROVIDED FURTHER, That opium may be sold, transferred, or
delivered to Government Bureaus or offices duly authorized by the
Governor-General to receive it, and to hospitals on permit from the
Collector of Internal Revenue. Duly licensed physicians may prescribe
and administer opium as a medicine, and pharmacists and second-class
pharmacists may sell, transfer, give or deliver opium as a medicinal
preparation on the prescription of a duly licensed and practicing
physician, under such regulations as may be prescribed by the Collector
of Internal Revenue and approved by the Secretary of Finance and
Justice.
(b) Any person violating the provisions of the
preceding subsection shall be punished by a fine not exceeding one
thousand pesos, or by imprisonment for a period not exceeding one year,
or by both such fine and imprisonment, in the discretion of the court:
PROVIDED, That in case of the commission of a second offense under the
provision of this section, the person so convicted, if other than a
citizen of the United States or a citizen of the Philippine Islands,
may by order of the court be deported.
(c) Any physician who prescribes opium for his
patients when the physical condition of said patients does not require
the use of opium shall have his license to practice medicine revoked by
the Board of Medical Examiners for the Philippine Islands after due
notice and hearing by said board, and shall be punished by a fine of
not less than two hundred and fifty pesos nor more than one thousand
pesos, or by imprisonment for a period of not less than six months nor
more than one year, or by both such fine and imprisonment in the
discretion of the court.
Sec. 6. (a) Every person other than a licensed
pharmacist or second-class pharmacist who imports, cooks, or prepares
opium, or prepares any narcotic extract from opium, or who offers to
sell opium in quantities of one kilo or more, or who for himself or on
commission sells or offers to sell opium to another for resale, shall
be deemed to be a wholesale dealer for the purposes of this Act.
(b) The keeping of licensed opium dispensaries, not
to exceed such number in any one city, municipality, township, or
settlement, as may be prescribed by the Collector of Internal Revenue
with the approval of the Secretary of Finance and Justice, is hereby
authorized.
(c) Opium dispensaries for the purposes of this Act
shall be divided into three classes, as follows:
First class. To be kept open twenty-four hours per day or so long as
the proprietor may desire.
Second class. To be kept open not over sixteen hours per day.
Third class. To be kept open not over eight hours per day.
The hours during which an opium dispensary may be kept open shall be
continuous.
(d) Every opium dispensary shall be in the joint
custody of an internal-revenue officer and the proprietor thereof. It
shall be kept securely locked when not open to users and shall at no
time be unlocked, opened, or remain opened unless in the presence of an
internal-revenue officer.
Sec. 7. (a) Except upon the prescription of a duly
licensed and practicing physician or upon lawful permit of the
Collector of Internal Revenue it shall be unlawful for any person not a
duly licensed and practicing physician, pharmacist, second-class
pharmacist, licensed dispensator of opium, or a duly registered user of
opium, when using the same in a licensed opium dispensary only and in
such quantities as may be stated in his certificate, to have in his
possession opium, or any pipes, hypodermic syringes, or other apparatus
or paraphernalia to be used for smoking, injecting, or using opium in
any manner.
(b) Any person violating the provisions of this
section shall be punished by a fine not exceeding five hundred pesos or
by imprisonment for a period not exceeding one year, or by both such
fine and imprisonment, in the discretion of the court: PROVIDED, That
all opium, pipes, and other opium apparatus and paraphernalia found in
the possession of any person not authorized to have same shall be
seized and forfeited to the Government.
Sec. 8. Every dispensator of opium shall keep and
maintain on the outside of his place of business, so that the same may
be seen and easily read by the public, a sign setting forth in plain,
large letters the name or firm designation and the words "Licensed
opium dispensary of the 'first,' 'second,' or 'third' class," as the
case may be. For a failure to keep and maintain such sign conspicuously
displayed as herein provided, or for a violation of any of the
provisions of this Act, the Collector of Internal Revenue, or his duly
authorized representative, may cancel the license issued to such
dispensator of opium, and such dispensator of opium shall not be
entitled to the return of any money paid by him for such license.
Sec. 9. (a) Within ten days after this Act shall
go into effect every person having opium in his possession, except a
duly licensed and practicing physician, licensed pharmacist or
second-class pharmacist, Bureaus or officers of the Government
authorized by law or by the Governor-General to have possession of the
same, shall deliver to the treasurer of the province in which opium is
located, or if located in the city of Manila then to the Collector of
Internal Revenue, all opium in his possession or under his control, and
the official to whom the opium is so delivered shall issue receipt for
same, store the opium in a safe place, and report to the Collector of
Internal Revenue immediately the name of the person making delivery,
the quantity and kind delivered, and such further information as may by
regulation of the Collector of Internal Revenue be required. Opium so
delivered shall not be released except on permit of the Collector of
Internal Revenue.
(b) Reasonable charges to cover actual expense of
storage and care of opium may be imposed by the Collector of Internal
Revenue.
(c) Any person failing to deliver the opium in his
possession or under his control as prescribed in this section shall be
punished by a fine not exceeding five thousand pesos, or by
imprisonment for a period not exceeding five years, or by both such
fine and imprisonment, in the discretion of the court; and all opium
not so delivered by such person shall be seized, forfeited, and sold as
prescribed by this Act.
Sec. 10. All imported opium shall be delivered by
the customs authorities, after payment of all proper duties, taxes, and
charges thereon, to the Collector of Internal Revenue or to his duly
authorized representative only, for storage in a place to be approved
by the Collector of Internal Revenue, and neither the whole nor any
part of the opium so stored shall be removed from such building or
place except to an opium dispensary, or for export, in accordance with
regulations prescribed by the Collector of Internal Revenue and
approved by the Secretary of Finance and Justice, or on a permit from
the Collector of Internal Revenue. Opium stored or withdrawn in any
manner other than that prescribed by this Act, or by regulations of the
Collector of Internal Revenue made hereunder and approved by the
Secretary of Finance and Justice, shall be seized and confiscated.
Sec. 11. (a) Every dispensator of opium,
pharmacist, and second-class pharmacist shall keep a book in which he
shall enter, in Spanish and English, the full quantity of opium
received by him from every source, the date on which the same was
received, the person from whom received, and the authorization for its
receipt, the kind received, the price thereof, the date and hour of
each and every sale or delivery made by him, the quantity and kind of
opium sold or delivered by him, the name and authorization of the
person purchasing or receiving the same, the quantity and kind of opium
transferred on permit, the date of such transfer, the name and address
of the person to whom transferred, together with the number of the
permit for withdrawal or removal, and such other information as may be
prescribed by the Collector of Internal Revenue.
Every pharmacist and second-class pharmacist shall likewise make and
keep a similar record in regard to all cocaine, alpha or beta eucaine,
or any derivative or preparation of such drugs or substances received,
sold, delivered, or transferred by him. Pharmacists and second-class
pharmacists may, on proper permit to be obtained from the Collector of
Internal Revenue, or his duly authorized agent, transfer opium,
cocaine, alpha or beta eucaine, or any derivative or preparation of
such drugs or substances, to other pharmacists and second-class
pharmacists.
(b) Any dispensator of opium or licensed pharmacist
or second-class pharmacist who shall fail to keep the book and make
true entries therein, as prescribed by this section, shall be punished
by a fine not exceeding five thousand pesos, or by imprisonment for a
period not exceeding five years, or by both such fine and imprisonment,
in the discretion of the court, and the license of such pharmacist or
second-class pharmacist shall be revoked by the Board of Pharmaceutical
Examiners for the Philippine Islands after due notice and hearing.
Sec. 12. Should any dispensator of opium,
pharmacist, or second-class pharmacist in the next preceding section of
this Act, or should an inspection of the opium, cocaine, alpha or beta
eucaine, or any derivative or preparation of such drugs or substances
on hand, or should an examination of the books of any dispensator of
opium, pharmacist, or second-class pharmacist, disclose a greater or
less quantity of such articles than the difference between the receipts
of such articles and the sales, transfers, or withdrawals thereof,
respectively, should justify, then said dispensator, pharmacist, or
second-class pharmacist, as the case may be, shall pay the Government
of the Philippine Islands, as a penalty, double the value of any
deficiency or excess that may exist, and all opium and opium pipes,
hypodermic syringes, and apparatus or paraphernalia for smoking or
using opium which are found on the premises on which the opium business
is carried on and conducted shall be seized and forfeited: PROVIDED,
That the dispensator may be relieved in whole or in part from the
penalties, seizure, and forfeiture provided in this section whenever in
the opinion of the Collector of Internal Revenue, with the approval of
the Secretary of Finance and Justice, such relief is just and equitable.
Sec. 13. It shall be unlawful for any dispensator
of opium to sell or give opium to any person except to a duly
registered user or on permit from the Collector of Internal Revenue.
Each sale, gift, or delivery of opium to a duly registered user shall
be entered on the back of his certificate by an official slip for that
purpose attached to the certificate by an internal-revenue officer
showing the date and hour of sale, gift, or delivery and the amount
sold, given, or delivered, and it shall be unlawful for a dispensator
to sell, give or deliver to a register user of opium in a greater
quantity than that stated on his certificate as one day's allowance or
the difference between that stated as one day's allowance and the
amount noted on the back of the certificate as having been sold, given,
or delivered to him that day, or for a dispensator of opium to sell,
give, or deliver to a registered user of opium any opium when the entry
on his certificate shows that he has been furnished his full allowance
for that day.
Any person violating the provisions of this section shall be punished
by a fine of not less than five hundred pesos and not more than five
thousand pesos, or by imprisonment for not more than two years, or by
both such fine and imprisonment, in the discretion of the court:
PROVIDED, That in case of the commission of a second offense under the
provisions of this section the person so convicted, if other than a
citizen of the United States or a citizen of the Philippine Islands,
may by order of the court be deported.
Sec. 14. The books and stock of opium of
dispensators of opium or of pharmacists or second-class pharmacists
shall be subject to inspection at any time by the Collector of Internal
Revenue, or his duly authorized representative, and any dispensator of
opium or pharmacist or second-class pharmacist failing, refusing, or
neglecting to allow such inspection immediately upon demand made by the
Collector of Internal Revenue, or his duly authorized representative,
shall be punished by a fine not exceeding one thousand pesos, or by
imprisonment for a period not exceeding one year, or by both such fine
and imprisonment, in the discretion of the court.
Sec. 15. (a) No person shall import, cook, or
prepare opium, or engage in the business of purchasing or selling opium
or of dealing or trafficking therein, unless he shall have first
secured from the Collector of Internal Revenue a license to transact
such business and shall have paid the license tax prescribed by this
Act. Crude opium shall not be sold to any person who is not a duly
licensed wholesale dealer, and then only subject to all the provisions
of section five: PROVIDED, That duly licensed pharmacists and
second-class pharmacists may import, buy, sell, and prepare, opium for
medicinal purposes, without securing the license prescribed by this
section, under such regulations as the Secretary of Finance and Justice
may prescribe on the recommendation of the Director of Health and the
Collector of Internal Revenue.
(b) Any person violating the provisions of this
section shall be punished by a fine of not less than five hundred pesos
nor more than two thousand pesos, or by imprisonment for a period of
not more than one year, or by both such fine and imprisonment, in the
discretion of the court.
Sec. 16. Before any license is issued to any
wholesale dealer in opium, or to any dispensator of opium, the
Collector of Internal Revenue shall require that such wholesale
dispensator of opium shall execute to the Government of the Philippine
Islands a good and sufficient bond in the sum of ten thousand pesos,
duly approved by the Collector of Internal Revenue, and conditioned
that said wholesale dealer or dispensator of opium will well and truly
pay the internal-revenue taxes, fines, and penalties imposed by this
Act; that he will not withdraw or remove any opium from the place in
which it is lawfully kept or stored except as prescribed by this Act,
or by regulations of the Collector of Internal Revenue made hereunder
and approved by the Secretary of Finance and Justice; and that he will
well and truly comply with the provisions of this Act and perform all
the duties by it required of him to be performed.
Sec. 17. Every wholesale dealer in opium shall pay
to the Collector of Internal Revenue a monthly license tax of one
hundred pesos, and every dispensator of opium shall pay a monthly
license tax in the following amounts: For a first-class opium
dispensary, two hundred and fifty pesos; for a second-class opium
dispensary, one hundred and seventy-five pesos; and for a third-class
opium dispensary, one hundred pesos, which taxes shall be paid in
advance. In case any wholesale dealer or dispensator of opium begins
business after the first day of a month, he shall pay the whole month:
PROVIDED, HOWEVER, That this shall not apply to the month of October,
nineteen hundred and seven, for which month he shall pay one-half of
the amount hereinbefore prescribed: AND PROVIDED, FURTHER, That no
license shall be issued to any person authorizing him to sell opium
outside of a licensed opium dispensary, and that any person, except a
duly licensed and practicing physician or a pharmacist or second-class
pharmacist, selling, giving, furnishing, or otherwise disposing of,
opium outside of a licensed opium dispensary, shall be punished by a
fine not exceeding one thousand pesos, or by imprisonment for a period
not exceeding one year, or by both such fine and imprisonment, in the
discretion of the court and in addition all of the stock of opium found
in the possession of any such person shall be seized and
forfeited.
Sec. 18. Persons doing business as copartners in
any one place shall be required to pay but one license tax. Should a
dispensator of opium engage in business in more than one place, he
shall pay the prescribed license tax for each place in which he carries
on business: PROVIDED, HOWEVER, That if the business of a dispensator
or of a wholesale dealer in opium is transferred to a place other than
that for which the license was issued, the Collector of Internal
Revenue may transfer the license to the new place of business, and in
such case no additional license tax shall be exacted; AND PROVIDED
FURTHER, That when any person to whom a license is issued dies during
the term of the license, his heirs, executors, administrators, or other
legal representatives, may, without the payment of an additional tax,
carry on, for the rest of the term covered by the license, the business
for which the license was issued.
Sec. 19. Unless otherwise provided by this Act,
the payment and collection of all taxes and of all judgments and moneys
recovered and received for taxes, costs, forfeitures, and penalties
imposed by this Act and the accounting therefor shall be made as
prescribed by Act Numbered Eleven hundred and eighty-nine, as amended,
and the regulations of the Collector of Internal Revenue issued
thereunder.
Sec. 20. (a) Before any imported opium shall be
released from the custom-house there shall be paid thereon an
internal-revenue tax as follows: On crude opium, two pesos and fifty
centavos a kilo, net weight; and on prepared opium, seven pesos and
fifty centavos a kilo, net weight. Beginning with the first day of
November, nineteen hundred and seven, the internal-revenue tax on
imported opium shall be increased each month by an amount equal to
twenty per centum of the original tax imposed therein until March
first, nineteen hundred and eight, on and after which date the said tax
on opium permitted to be imported by the Act of Congress of March
third, nineteen hundred and five, shall be as follows: On crude opium,
five pesos a kilo, net weight; and on prepared opium, fifteen pesos a
kilo, net weight. The date of payment of this tax shall for the purpose
of this section be considered the date of importation. This tax shall
be paid to the Collector of Customs, under regulations prescribed by
the Collector of Internal Revenue, with the approval of the Secretary
of Finance and Justice.
On all opium cooked or prepared in the Philippine Islands every
wholesale dealer shall pay to the Collector of Internal Revenue at the
time of such cooking or preparation an additional internal-revenue tax
of five pesos on each kilo net weight, of such cooked or prepared
opium. Beginning with the first day of November, nineteen hundred and
seven, the internal-revenue tax on opium cooked or prepared in the
Philippine Islands shall be increased each month by an amount equal to
twenty per centum of the original tax imposed herein. The burden of
proving that the internal-revenue tax hereby imposed has been paid
shall be upon the wholesale dealer.
Net weight shall be determined by the customs laws and regulations
covering the importation of opium into the Philippine Islands.
Before any opium is withdrawn or removed from the place in which it is
kept or stored, as prescribed by this Act, it shall be marked, branded,
or otherwise identified in the manner prescribed by the Collector of
Internal Revenue and approved by the Secretary of Finance and Justice.
(b) The cooking or preparation of opium or the
changing of its form in any manner, except for medicinal purposes by
duly licensed and practicing physicians, pharmacists, and second-class
pharmacists, shall be done only under the supervision of the Collector
of Internal Revenue, or his authorized representative, in a place to be
designated and provided by the Collector of Internal Revenue, and all
cooking or preparation of opium, or the changing of its form, shall in
any case be subject to the inspection of the Collector of Internal
Revenue.
Opium so prepared shall be immediately returned to the place of storage
as provided for by this Act and shall not be released except in the
manner provided herein.
The Collector of Internal Revenue is hereby authorized to make
provision for the storage and preparation of opium, and to charge
reasonable fees for such storage and place of preparation and for
services rendered in connection with the records and the preparation of
opium. Such charges shall constitute a lien upon the opium, which can
be removed only by payment of all charges due.
(c) Any dealer in opium failing, refusing, or
neglecting to pay the internal-revenue tax as prescribed by this
section, or who shall fail, refuse, or neglect to mark, brand, or
otherwise identify opium as required by this section, or who shall in
any other manner violate the provisions of this section, shall be
punished by a fine of not less than five hundred pesos nor more than
five thousand pesos. or by imprisonment for a period not exceeding five
years, or by both such fine and imprisonment, in the discretion of the
court; and all goods on which such tax is due and not paid as required
by this Act shall be seized and forfeited.
Sec. 21. In case of the seizure of any property
for the violation of any provision of this Act, the Collector of
Internal Revenue shall publish a notice of such seizure once a week for
three successive weeks in some newspaper of general circulation devoted
to the publication of general news and published in the province in
which the seizure was made, or if the seizure was made in the city of
Manila, then in some newspaper published in said city. If there be no
newspaper published in the province in which the seizure was made, then
such notice may be published in any newspaper in the Islands devoted to
the publication of general news. The notice shall describe the property
seized and state the time, cause, and place of seizure, and shall
require any person claiming such property to appear and file his claim
within twenty days after the first publication of such notice.
Sec. 22. Any person claiming such seized property
shall file his claim thereto as prescribed in the notice provided for
in the preceding section, and shall deposit with the Collector of
Internal Revenue a bond executed to the Government of the Philippine
Islands in the sum of five hundred pesos, duly approved by said
Collector of Internal Revenue, and conditioned that the claimant will
pay all costs and expenses of forfeiture and sale of the property in
case forfeiture and sale thereof are adjudged. On the filing of such a
bond the Collector of Internal Revenue shall proceed against such
seized property in the same manner as is prescribed by Act Numbered
Eleven hundred and eighty-nine, as amended, for the forfeiture and sale
of property seized thereunder.
Sec. 23. The books, blank forms, certificates, and
registers necessary to carry out the provisions of this Act shall be
prepared by the Collector of Internal Revenue and furnished to
wholesale dealers and dispensators of opium at cost plus ten per centum.
Sec. 24. The Collector of Internal Revenue is
hereby authorized and empowered to prepare and distribute regulations,
directions, and instructions for the carrying out of the provisions of
this Act; and such regulations, directions, and instruction, not
inconsistent with this Act, whether general or specific in character,
shall have the force and effect of law then approved by the Secretary
of Finance and Justice.
Sec. 25. The Collector of Internal Revenue, with
the approval of the Secretary of Finance and Justice, may compromise
any civil or other case arising under the provisions of this Act
instead of commencing or prosecuting suit thereon, and, with the
consent of the Secretary of Finance and Justice, he may compromise such
case after action has been begun thereon.
Sec. 26. The registration tax required to be paid
by this Act shall be covered into the treasury of the municipality,
township, or settlement in which collected, or if collected in the city
of Manila then into the Insular Treasury to the credit of the city, and
shall be deposited and disposed of as are all other deposits to the
general fund of said municipalities, townships, settlements, or city of
Manila, as the case may be.
The license tax and the internal-revenue tax required to be paid by
this Act, except license taxes upon wholesale dealer and opium
dispensaries, shall be covered into the Insular Treasury and shall
constitute a special fund to be devoted solely to the following
purposes:
First. The printing and dissemination among the people of information
as to the evils resulting from the use of opium;
Second. The payment of the reasonable expenses, in some reputable
hospital, of those desiring to cure themselves of the opium habit;
Third. The payment of salaries of Filipinos who have been appointed
Insular teachers;
Fourth. The construction of schoolhouses and school buildings, in the
various municipalities of the Islands: PROVIDED, That twenty-five per
centum of all fines imposed by reason of violations of this Act shall
be paid to the person who furnished the original evidence, properly
substantiated, which led to the detection of the offense and the
imposition of the fine. The name of the informer shall be specified in
the judgment of the court when conviction is had in a court: PROVIDED
That in all cases in which no fine is imposed but where the sentence is
one for imprisonment or deportation, or when compromise is effected as
provided in section twenty-five hereof, there shall be paid to the
informer an amount approved by the Secretary of Finance and Justice,
not exceeding one thousand pesos in any one case, and said moneys are
hereby appropriated for the purposes of this section and shall be
expended therefor on the approval of the Governor-General.
Sec. 27. The license taxes on wholesale dealers
and opium dispensaries and storage charges and fees for services
rendered as provided for herein shall constitute a special fund, which
is hereby made available for expenditure in the temporary employment of
special internal-revenue officers, renting of buildings, furnishing
supplies, and for such other purposes as may be necessary in the
carrying out of the provisions of this Act, and said moneys are hereby
appropriated for the purposes of this section and shall be expended
therefor on the approval of the Governor-General.
Sec. 28. No person shall inhale, snuff, chew,
swallow, inject, or otherwise use or permit to be used in or on his
body any cocaine, alpha or beta eucaine, or any derivative or
preparation of such drugs or substances, except upon the prescription
of a duly licensed and practicing physician or except as otherwise
specially provided in this Act.
Sec. 29. The possession of any opium pipe,
hypodermic syringe, apparatus, instrument, or paraphernalia for using
or smoking opium or any hypodermic syringe for using cocaine, alpha or
beta eucaine, or any derivative or preparation of such drugs or
substances, or any other apparatus or instrument especially designed
for using any of said drugs or substances in or on the human body,
shall be deemed prima facie evidence that the person in possession of
such opium pipe, hypodermic syringe, apparatus, instrument,
paraphernalia, or articles, has used some one of such prohibited drugs
or substances, or the drug or substance for the use of which such
apparatus, instrument, and paraphernalia are especially designed,
without the prescription of a duly licensed and practicing physician,
unless such prescription is produced by the person.
Sec. 30. On and after March first, nineteen
hundred and eight, it shall be unlawful for any person to hold or to
have in his possession or under his control or subject to his
disposition any opium, cocaine, alpha or beta eucaine, or any
derivative or preparation of such drugs or substances: PROVIDED,
HOWEVER, The Government Bureaus or officers of the Government duly
authorized by law or designated in writing by the Governor-General may
have, hold, and dispose any such drugs or substances in accordance with
law: AND PROVIDED FURTHER, That duly licensed and practicing
physicians, pharmacists, and second class pharmacists or persons
holding and having such drugs and substances on the prescription of a
duly licensed and practicing physician, may have, hold, possess, and
dispose of such drugs and substances for medicinal purposes only: AND
PROVIDED FURTHER, That on and after March first, nineteen hundred and
eight, whenever opium, cocaine, alpha or beta eucaine, or any
derivative or preparation of such drugs or substances, is found on,
about, in the possession of, or under the control of, any unauthorized
person, such opium, cocaine, alpha or beta eucaine, or any derivative
or preparation of such drugs or substances, shall be seized and
forfeited to the Insular Government.
Sec. 31. Any unauthorized person owning, carrying,
holding, having, controlling, having possession of, or knowingly having
on his premises, any opium, cocaine, alpha or beta eucaine, or any
derivative or preparation of such drugs or substances, on and after
March first, nineteen hundred and eight, shall be punished by a fine
not exceeding ten thousand pesos, or by imprisonment for not exceeding
five years or by both such fine and imprisonment, in the discretion of
the court: PROVIDED, HOWEVER, That in the case of the commission of a
second offense under the provisions of this section, any person so
convicted, if other than a citizen of the United States or a citizen of
the Philippine Islands, may, by order of the court, be
deported.
Sec. 32. On and after March first, nineteen
hundred and eight, it shall be unlawful for any person in the
Philippine Islands to inhale, smoke, chew, swallow, inject, or
otherwise use or permit to be used in or on his body any opium, except
for medicinal purposes, and then only upon prescription of a duly
licensed and practicing physician.
Any person violating any of the provisions of this section shall be
punished by a fine not exceeding ten thousand pesos, or by imprisonment
for not exceeding five years, or by both such fine and imprisonment, in
the discretion of the court: PROVIDED, HOWEVER, That in the case of the
commission of a second offense under the provisions of this section,
any person so convicted, if other than a citizen of the United States
or a citizen of the Philippine Islands, may, by order of the court, be
deported.
Sec. 33. Act Numbered Fourteen hundred and
sixty-one, entitled "An Act for the purpose of restricting the sale and
suppressing the evil resulting from the sale and use of opium until
March first, nineteen hundred and eight, when its importation or use
for any but medicinal purposes is forbidden by Act of Congress," is
hereby repealed.
Sec. 34. The public good requiring the speedy
enactment of this bill, the passage of the same is hereby expedited in
accordance with section two of "An Act prescribing the order of
procedure by the Commission in the enactment of laws," passed September
twenty-sixth nineteen hundred.
Sec. 35. This Act shall take effect on October
seventeenth, nineteen hundred and seven.
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