HOUSE YF REPRESENTATIVES
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Republic of the Philippines ae OR
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Constitution Hills, Quezon City | BY! a

SEVENTEENTH CONGRESS ; REGISTRATION UNIT
First Regular Session , BILLS AND INDEX SERVICE

5838

HOUSE BILL NO.

Introduced by Representative Leopoldo N. Bataoil

EXPLANATORY NOTE

On December 25, 2013, a sting operation in a cock breeding farm in Lipa City, Batangas
by members of the Philippine Drug Enforcement Agency (PDEA) and the Philippine
National Police Anti-Illegal Drugs Special Operations Task Force (PNP-AIDSOTF) led
to the arrest of three people connected with the Sinaloa drug cartel. The said operation
found them in possession of 84 kilograms of methamphetamine hydrochloride, more
commonly known as "shabu", along with two firearms.The Mexican Sinaloa drug cartel
has been reputed to be the largest and most powerful drug trafficking organization in the

Western Hemisphere.

How the country was penetrated by the drug cartel still remains under investigation;
likewise, the possibility of the Mexicans being linked with similarly notorious Chinese
drug syndicates is also being looked into. Global manufacturing of illegal drugs and its
extensive trafficking network now span the Pacific, connecting Chinese chemical
factories, drug cartels in Mexico, and drug users not only in the Americas but in Asia as
well. Authorities involved with anti-illegal drug operationsdeem the infiltration of the

Sinaloa drug cartel as a major leeway for the Philippines becoming a “narcotic state”.

The enactment of Republic Act No. 9165, also known as the Comprehensive Dangerous
Drugs Act of 2002, established the Philippine Drug Enforcement Agency as the country’s
lead agency in the enforcement of anti-drug law. Although the PDEA has posted a

significant increase in the number of anti-illegal drug operations, the recent entry of the


Sinaloa drug cartel requires the strengthening of the PDEA, as well as increasing
interoperability among the different organizations concerned in order to effectively

counter this menace.

This Act seeks to amend some provisionsof Republic Act No. 916Sin order to push for
measures such as the enhancementof the facility of anti-illegal drug units, improvement
of digital communications, increase in the manpower of PDEA, and the development of
a systemic, wide-scope partnership with the Department of Transportation and
Communications (DOTC), the Bureau of Immigration, and the Bureau of Customs in
closely monitoring inbound imports for possible illegal drugs smuggling and the entry of
people involved with illegal drug operations.

Immediate passage of this Bill is earnestly sought.

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2nd District, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

588

HOUSE BILL

Introduced by Representative Leopoldo N. Bataoil

AN ACT
STRENGTHENING THE PHILIPPINE DRUG ENFORCEMENT AGENCY
(PDEA) AND PROVIDING SUPPLEMENTAL DUTIES THEREOF, AMENDING
FOR THE PURPOSE REPUBLIC ACT 9165, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1. Short Title - This act shall be known as the “Philippine Drug
Enforcement Agency (PDEA) Strengthening and Supplemental Duties Act of 2014”.

SECTION 2. Declaration of State Policies - Section 12, Article XIII of the 1987
Constitution states that, “The State shall establish and maintain an effective food and
drug regulatory system and undertake appropriate health, manpower development, and

research, responsive to the country's health needs and problems”.

SECTION 3. PDEA Supplemental Duties Act- Section 84 of Republic Act 9165

is hereby amended to read as follows:

“Section 84. Powers and Duties of the PDEA. — The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national

drug control strategy formulated by the Board thereby carrying out a national drug


campaign program which shall include drug law enforcement, control and prevention

campaign with the assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to
the unlawful acts and penalties involving any dangerous drug and/or controlled precursor
and essential chemical and investigate all violators and other matters involved in the
commission of any crime relative to the use, abuse or trafficking of any dangerous drug
and/or controlled precursor and essential chemical as provided for in this Act and the

provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena ducestecum relative to the

conduct of _ investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the
effects or proceeds of the crimes as provided by law and take custody thereof, for this
purpose the prosecutors and enforcement agents are authorized to possess firearms, in
accordance with existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any national,
provincial or local law enforcement agency, if no longer needed for purposes of evidence

in court;

(1) Establish forensic laboratories in each PNP office in every province and
CONDUCT A QUARTERLY EVALUATION AND ENRICHMENT
PROGRAM FOR SUCH OFFICE, in order to facilitate action on seize or
confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOS the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of this Act and in accordance
with the pertinent provisions of the Anti-Money-Laundering Act of 2001;


(h) Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and assist, support and coordinate

with other government agencies for the proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine
Postal Office, the Bureau of Customs, THE BUREAU OF IMMIGRATION,
THE DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS, AS WELL AS LOCAL COMPANIES OPERATING
PRIVATE PARCEL AND CARGO DELIVERIES, inspect all air cargo
packages, PERSONAL BELONGINGS OF FOREIGN NATIONALS
ENTERING THE COUNTRY, parcels and mails in the central post office,
which appear from the package and address itself to be a possible importation of
dangerous drugs and/or controlled precursors and essential chemicals, through on-

line or cyber shops via the internet or cyberspace;

(J) CLOSELY COORDINATE WITH THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY OFFICE OF THE DEPARTMENT
OF SCIENCE AND TECHNOLOGY TO INDUCT ANTI-ILLEGAL DRUG
UNITS ON THE EFFECTIVE USE OF DIGITAL COMMUNICATION IN
THE CONDUCT OF ITS OPERATIONS;

(k) Conduct eradication programs to destroy wild or illegal growth of plants from

which dangerous drugs may be extracted;

(1) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry, subject to

the provisions of previously formulated programs of action against dangerous drugs;


(m) Establish and maintain a national drug intelligence system in cooperation with
INTERNATIONAL AND LOCAL law enforcement agencies, other government
agencies/offices and local government units that will assist in its apprehension of
big-time drug lords, AND LOCALLY-TRADING FOREIGN DRUG
SYNDICATES;

(n) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations, and implement
the applicable provisions of international conventions and agreements related to

dangerous drugs to. which the Philippines is a signatory;

(0) Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court, wherein members of
the said unit shall possess suitable and adequate firearms for their protection in
connection with the performance of their duties: Provided, That no previous special

permit for such possession shalll be required;

(p) Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the Board, about all
dangerous drugs and/or controlled precursors and essential chemicals which they have

attended to for data and information purposes;

(q) Coordinate with the Board for the facilitation of the issuance of necessary

guidelines, rules and regulations for the proper implementation of this Act;

(1) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned and or —controlled
corporations, in the anti-illegal drugs drive, which may include the use of their respective

personnel, facilities, and resources for a more resolute detection and investigation of


drug-related crimes and prosecution of the drug traffickers; and

(s) Submit an annual and periodic reports to the Board as may be required from
time to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended by the

congressional committees concerned.”

SECTION 4. Section 85 of Republic Act 9165 is hereby amended to read as

follows:

“Section 85.The PDEA Academy.

Upon the approval of the Board, the PDEA Academy shall be established either in
Baguio or Tagaytay City and in such other places as may be necessary. The PDEA
‘Academy shall be responsible in the recruitment and training’of all PDEA agents
and personnel. THE SCREENING AND RECRUITMENT OF PDEA
AGENTS SHALL BE DONE SEMI-ANNUALLY, IN THE PURSUIT OF
MANPOWER BUILD-UP ACROSS ALL ANTI-DRUG UNITS IN THE
COUNTRY.

The Board shall provide for the qualifications and requirements of its recruits who
must be at least twenty-one (21) years old, of proven integrity and honesty and a
Baccalaureate degree holder.

The graduates of the Academy shall later comprise the operating units of the
PDEA after the termination of the transition period of five (5) years during which all the
intelligence network and standard operating procedures of the PDEA has been set up and
operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director,
He/she shall be appointed by the PDEA Director General.”


SECTION 5. Implementing Rules and Regulations- The Dangerous Drugs Board
shall promulgate the necessary rules and regulations for the implementation of this Act.

This shall be done immediately within 60 days after the enactment of this law.

SECTION 6. Repealing Clause - All laws, decrees, orders, rules and regulations
or other issuances or parts thereof inconsistent with the provisions of this Act are hereby

repealed and modified accordingly.

SECTION 7. SeparabilityClause- If any clause, sentence, paragraph ot part of
this Act shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this Act, but shall be
confined in its operation to the clause, sentence. paragraph or part thereof directly

involved.

SECTION 8. Effectivity - This Act shall take effect fifteen (15) days after its

Gazette or in two (2) national newspapers of general

publication in the Off

circulation.

Approved,