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HOUSE OF REPRESENTATIVE: RECENED
Quezon City are 31 AUG 2016

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House Bill No.

Introduced by Rep. Robert Ace S. Barbers, 2 District Surigao del Norte
EXPLANATORY NOTE

The alarming trend of drug dependence in our country has transcended across generations. Ina
2015 nationwide survey, current drug users/dependents are approximately 1.8 million ranging from
ages 10 to 69. Lifetime users or those who have taken drugs at least once in their lifetime are
approximately 4.8 million. More alarming is the persistent increase of drug users/dependents over the
past decades and the proliferation of drug trafficking and corresponding increase of supply circulating
the country. Pres. Rodrigo Duterte estimates the number of drug users, pushers and/or traffickers
nowadays as 3.6 million. The survey reveals that an average of approximately 16,138 kilos of various
dangerous drugs valued at around P55.8 Billion are consumed every year. This horrible reality strongly
suggests that the drug menace will completely destroy our society in the future. Although the
government is not remiss of its duty to protect the citizens against drugs, its efforts have not been able
to put a nail on the head to stop it. The trend continues to threaten the survival of our society.

It is imperative that drastic effort should be taken. To ensure success, pertinent legal
infrastructures should be revisited, improved and made effective by putting in place more teeth for our
law enforcers, prosecutors and judges to fight illegal drug trafficking. This is possible by relaxing some
constitutional and legal limitations. It will enhance effectiveness in preventing or reducing supply of
illegal drugs, in apprehending, prosecuting and ensuring conviction of illegal drug traffickers and their
protectors, coddlers and/or financiers.

‘One of the constitutional and legal limitations is embodied in Republic Act 4200, commonly
known as the Anti-Wire Tapping law. It prohibits and penalizes wire tapping and similar acts. It further
provides that any communication or information obtained in violation of this law is inadmissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. While the
prohibition is founded by constitutional right to privacy, this right is not absolute. it accommodates

ion when national security or public safety is at stake, such as treason, espionage, provoking war
and disloyalty in case of war, piracy, munity in the high seas, rebellion, sedition, kidnapping and
Violations of Commonwealth Act No. 616, punishing espionage and other offenses against national
security.

It is not far-fetch to state that the Anti-Wire Tapping law may be relaxed to exempt acts
involving drug-related crimes. As in the existing enumerated exceptions, the magnitude of illegal drug
crime poses actual and imminent danger to the security, safety and survival of our country. In fact, drug
problem has been formally declared a threat to national security. Moreover, it is an open book that the
identity, character and activities of real big-time drug lords, financiers, coddlers and protectors are hard
if not impossible to establish owing to the complexity of their network and the TMagnitude of their illegal
operation. Without the aid of any devise to intercept or record any comprunicakion pertaining to their
illegal activities, it is difficult if not impossible to apprehend, prosecute/and pin them down in court by
material and relevant evidence. Under the prevailing circumstances,
to privacy implemented by RA 4200 should be relaxed to exempt drug-related offenses, under the same
conditions provided for in the Anti-Wire Tapping law.

Early passage of this bill is earnestly sought.

Rep. host E S. BARBERS,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3406

House Bill No.

Introduced by Rep. Robert Ace S. Barbers, 2 District Surigao del Norte

AN ACT EXEMPTING DRUG TRAFFICKING AND OTHER DRUG-RELATED OFFENSES
FROM THE PROHIBITION IN REPUBLIC ACT NO. 4200
OR THE ANTI-WIRE TAPPING LAW

Be enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled:

SECTION 1. The exceptions from the application of RA 4200 commonly known as the Anti-Wire
‘Tapping Law that are stated in first paragraph of Section 3 shall be emended to include certain violations
of RA 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”. The first
paragraph of Section 3 in RA 4200 shall be amended to state as follows:

“Sec, 3, Nothing contained in this Act, however, shall render it unlawful or
punishable for any peace officer, who is authorized by any written order of the Court, to
execute any of the acts declared to be unlawful in the two preceding Sections in cases
involving the crimes of treason, espionage, provoking war and disloyalty in case of war,
piracy, munity in the high seas, rebellion, conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition,
kidnapping as defined by the Revised Penal Code, [and] violations of Commonwealth Act
No. 616, punishing espionage and other offenses against national security, AND
ANGER’ TRAFFICKING I \TI F SECTION: 1, 12,
4 AND 11 JTHERWISE ‘HE COMPRI \NGEI IS
DRUGS ACT OF 2002: Provided That such written order shall only be issued or granted
upon written application and examination under oath or affirmation of the applicant
and the witnesses he may produce and a showing: (1) that there are reasonable to
believe that any of the offenses of rebellion, conspiracy to commit sedition, and inciting
to sedition, such authority shall be granted only upon prior proof that a rebellion or acts
of sedition, as the case may be, have actually been or are being committed; (2) that
there are reasonable grounds to believe that evidence will be obtained essential to the
conviction of any person for, or to the solution of , or to the prevention of, any such
crimes; and (3) that there are no other means readily available for obtaining such
evidence.”

SECTION 2. The fourth paragraph of Section 3 is likewise emended to state that the word
“court” mentioned in the provisions of Section 3 of RA 4200 shall refer to the Regional Trial Court in the
National Capital Judicial Region or Metro Manila, or any Regional Trial Court within whose territorial
jurisdiction the acts for which authority is applied for are to be executed. The provisions of the fourth
paragraph of Section 3 of RA 4200 shall be amended to state as follows:

“The court referred to in this Sec. shall be understood to mean ANY REGIONAL
TRIAL COURT IN THE NATIONAL CAPITAL JUDICIAL REGION (METRO MANILA), OR ANY
REGIONAL TRIAL COURT within whose territorial jurisdiction the acts for which authority
is applied for are to be executed.”

SECTION 3. This Act shall take effect after fifteen (15) days from publication in the Official
Gazette and in at least two (2) newspapers of general circulation.

Approved,