House gives more teeth to Dangerous Drugs Law

MANILA, Philippines - The House of Representatives has approved on third reading a bill preventing the dismissal of drug cases due to the failure of law enforcers to follow its stringent requirements.

Iligan City Rep. Vicente Belmonte, the chairman of the House Committee on Dangerous Drugs and author of House Bill 2285, wants to provide clear procedures for the custody and disposition of dangerous drugs to preserve the evidentiary value of confiscated items.

The bill seeks to amend Section 21 of Republic Act 9165 or  "Comprehensive Dangerous Drugs Act of 2002."

"The reasons for acquittal and dismissal include the irregularity and illegality of arrest, search and seizure, reasonable doubt, insufficiency of evidence, inconsistencies in testimony, filing of wrong information, non–coordination with PDEA (Philippine Drug Enforcement Agency) and failure to present vital witnesses," Belmonte said.

Under the measure, the government's anti-drug drive shall be strengthened by amending the procedure for the custody and disposition of dangerous drugs and penalizing the possession of controlled precursors and essential chemicals, instruments or paraphernalia and laboratory equipment used in the manufacture of dangerous drugs.

The bill also mandates that the inventory of seized items shall be witnessed by an elected public official who has jurisdiction over the scene of the crime and with any representative from the media or the National Prosecution Service.

It also provides the conduct of the physical inventory of seized items be at the place where the search warrant is served or at the nearest police station or at the nearest office of the apprehending officer or team.

"Amending RA 9165 will enable the government to pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances," Belmonte added.

Belmonte said Section 21 pertains to the custody and disposition of confiscated, seized, and surrendered dangerous drugs, plant sources of illegal drugs, controlled precursors and essential chemicals, instruments or paraphernalia and laboratory equipment.

Belmonte said from 2003 to June 2010, the total seizures of dangerous drugs, controlled chemicals and laboratory equipment amounted to P76.62 billion, while seized dangerous drugs can be quantified in terms of monetary value amounting to billions of pesos, the potential damage however to the socio-economic, political and cultural foundations of the country can never be measured.

"However, from 1999 to December 2010, the conviction rate is only 7.30 percent or 8,063 out of 110,494 drug cases filed," Belmonte said.

The proposed amendment shall render the seizures and custody over said items valid, as long as the integrity and evidentiary value of the seized items are properly preserved.

It removes the restriction for the issuance of certifications of forensic laboratory examination within 24 hours but instead requires an immediate issuance of certification upon completion of the examination.