Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
‘Second Regular Session

House sino, 9 5?

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

The Philippine law on dangerous drugs is rather harsh. Such harshness could be said to
have failed as an effective deterrent to drug-related crimes.

Fact is, it is said that about 70% of cases in the country's courts are drug-related ones
thereby significantly contributing to the expanding backlog by courts and judges to dispose of cases
as promptly and as ably as possible.

This is not to mention the fact that thousands and more of young Filipinos are languishing in
jail and most of whom are even first offenders who largely belong to the youth sector. Whoever said,
“the youth is the fair hope of the Fatherland” must be most unhappy to know how a law may have in
fact, ruined the future and the lives of our youth. But God forbids.

Chief Justice Earl Warren had this said, “Once a boy has a crime record, his opportunities for
success are 76 percent and he loses 90 percent of his self respect. Those are hard odds to fight
against’

This Warren's nightmare may be happening now with a law that dismally failed to achieve its
stated objective, namely, "to reintegrate into society individuals who have fallen victims to drug abuse
‘or dangerous drug dependence”.

For in truth, the current anti-drug law punishes with imprisonment from 12 years and 1 day to
20 years if the quantity of illegal drug possession is less than 5 grams and life imprisonment if quantity
is more than 10 grams but less than 50 grams.

What this bill seeks to amend are Sections 23 and Section 24 of Republic Act No. 9165
signed into law on June 7, 2002.

Further,

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
Second Regular Session

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
AMENDING SECTIONS 23 AND 24 OF REPUBLIC ACT NO. 9165, ALSO KNOWN
AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 BY
RESTORING PLEA BARGAINING AND PROBATION LAWS

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

SECTION 1. Declaration of Policy. - It is the declared policy of the State to value
the dignity of every human person and guarantees full respect for human rights and therefore,
let old but well-meaning provisions of law breathe back hope to that dignity.

SEC. 2. Amendments. - Section 23 of Republic Act No. 9165 is hereby amended to
read as follows:

“Sec. 23. Plea-Bargaining Provision. - Any person
charged under any provision of this Act regardiess of
the imposable penalty shall not be allowed to avail of
the provision on plea-bargaining.”

ANY PERSON CHARGED UNDER ANY PROVISION
OF THIS ACT REGARDLESS OF THE IMPOSABLE
PENALTY SHALL BE ALLOWED TO THE
PROVISION ON PLEA BARGAINING.

Further, Section 24 of subject RA 9165, is likewise hereby amended to read as
follows:

“Sec. 24. Non-Applicability of the Probation Law for
Drug Traffickers and Pushers. — Any person convicted
for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot
avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.”

SEC. 24. APPLICABILITY OF THE DRUG
PROBATION LAW FOR DRUG TRAFFICKERS AND
PUSHERS. - ANY PERSON CONVICTED FOR
DRUG TRAFFICKING OR PUSHING UNDER THIS
ACT, REGARDLESS OF THE PENALTY IMPOSED
BY THE COURT, MAY AVAIL OF THE PRIVILEGE
GRANTED BY THE PROBATION LAW OR
PRESIDENTIAL DECREE NO. 968, AS AMENDED.
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SEC. 3. Repealing Clause. — All laws, orders, issuances, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 4. Effectivity. — This Act shall take effect thirty (30) days afier its complete
publication in at least three (3) newspapers of general circulation.

Approved,
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