Republic of the Philippines
HOUSE OF REPRESENTATIVES

Foye 20 SEP 2018

SEVENTEENTH CONGRESS THE

First Regular Session

House Bill No. 8684

Introduced by Representative Gloria Macapagal-Arroyo

AN ACT DECLARING A NATIONAL EMERGENCY AGAINST DRUGS AND
TERRORISM, ESTABLISHING A NATIONAL POLICY TO AUTHORIZE THE

SIDENT, IN ACCORDANCE WITH THE CONSTITUTION, TO EXERCIS'
ARY AND PROPER POWERS TO ADDRESS SUCH EMERGEN'

EXPLANATORY NOTE

The Philippines is currently suffering from a national emergency, involving
drugs, terrorism, and lawlessness, which threatens the very life of the nation and our
people.

Recent statistics show that the nationwide drug proliferation rate is 27% with 3.7
million illegal drug users in the country while the affected youth comprise 1% of the
total population. Ninety-four percent of all barangays in Metro Manila have been drag
infiltrated. Nationwide illegal drugs pandemic rate! is 27% or 11,321 out of 42,036
barangay In addition, the Philippines has the highest abuse rate for
methamphetamine hydrocholoride, or shabu, in East Asia, according to the 2011 United
Nations World Drug Report The statistics are alarming

The emergency continues as there are 1,466 killed drug personalities in police
operations which were reported by the Philippine National Police, while 1,490 vigilante
killings were recorded, for a total of close to 3,000 killings in just some 70 days since the
assumption of office of the present administration. The government program
“Tokhang” has created widespread fear among, the general public and resulted in the
surrender of some 700,000 drug pushers and/or users, thus creating problems such as
lack of detention and drug rehabilitation centers.

Meanwhile, terrorism is a crime under the Human Security Act of 2007 and
describes such act as causing “widespread and extraordinary fear and panic among the
populace”. The Human Rights Watch reported that there were 38 major bombings on
Civilians that resulted to 402 killed and 32 injured individuals from 2000 to 2007.4 A
total of at least 40 killed and 246 injured civilians had been reported from the major
bombings from 2009 to the presents

3

“Affeetation rato” was the term used by the PNP in its presentation before the Senate Committee on Justice.
® Philippine Drug Enforcement Ageney, PNP Presentation before the Senate Committee on Justice and Human
Rights, August 23, 2016,

Jerry E’splanacla, UN Drug Report: Philippines has highest rate of shabu in East Asia, 27 March 2012,
bup//newsinfo.inquiter:net/168 43 /n-drug-report-philippines-bas-highest-rate-ofeshaburuse-in
accessed on 10 September 2016>.
* Human Rights Watch, Philippines Lives Destroyed, 2007,
Intps:/www.hew.org/reports!2007/philippines707/philippines_lives, destroyed pal, last accessed 10 September
2016>.
* pia.

ast-asin, last



Terrorist incidents have escalated in the country as the most recent bombing in
Davao took place on 2 September 2016 with a total of 14 people dead and 71 injured, At
least five countries have issued travel warnings to their citizens in the Philippines
following the deadly Davao night market explosion, namely: Australia, United States,
United Kingdom, Canada and Singapore.

On September 4, 2016, the President issued Proclamation No. 55, entitled
Declaring a State of National Emergency on Account of Lawless Violence in Mindanao.
However, it must be underscored that the existence of a national emergency needs to be
officially declared by Congress alongside a national policy to allow the President to
effectively take the necessary and proper measures required by the exigencies of the
situation, but for a limited period only, and subject to restrictions prescribed by
Congress.

‘Riding in tandemY motorcyclist committed over 3,000 crimes in Metro Manila in
2013.¢ Vigilante killings numbers to 1,490. Lawlessness abound,

Detention is better than killings, because life is precious. But drug lords and
terrorists must go to jail and be penalized to serve the ends of justice and protect the
people from lawless elements. On the other hand, government state actors like the
police or military who are called out to enforce the emergency powers will be
administratively charged and prosecuted if they abuse their authority and commit
human rights abuses. A system of checks and balances shall be in place, inviting the
participation of all branches of government.

‘This bill seeks to protect civil liberties and promote checks and balances, under
Article VI, Section 23 (2) of the Constitution, while ensuring the apprehension of big-
time drug lords and terrorists to protect our people from lawless elements which have
crippled the country. To address the national emergency, the principle of salus populi
est suprema lex (The welfare of the people is the supreme lav.) is invoked.

GLORIMAMACAPAGAL ARROYO
2m District, Pampanga

“ Juliane Love De Jesus, Inquirer.net January 28, 2014, <hitpnewsinfa inquirer ne/$7069Hiding-n-tandem-
motoreyelst-commited-over-3000-crimesin-metro-manilain-2013-poioe>


Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

House Hint NoBG84

Introduced by Representative Gloria Macapagal-Arroyo

AN ACT DECLARING A NATIONAL EMERGENCY AGAINST DRUGS AND
TERRORISM, ESTABLISHING A NATIONAL POLICY TO AUTHORIZE THE
PRESIDENT, IN ACCORDANCE WITH THE CONSTITUTION, TO EXERCISE
NECESSARY AND PROPER POWERS TO ADDRESS SUCH EMERGENCY

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

SI

“TION 1. Short Title. - This Act shall be known as the “National Emergency
Against Drugs and Terrorism Act of 2016."

Sec. 2. Declaration of a National Emergency. - The prime duty of the government is to
serve and protect the people. Given past and recent events involving illegal drugs and
terrorism besieging the nation, a national emergency only against illegal drugs and terrorism
is hereby declared to address such emergency.

Sec. 3. Declaration of a National Policy. - The State values the dignity of every
human person and guarantees full respect for human rights. Due to and by reason thereof, it
is hereby declared a national policy to authorize the President, in accordance with the
Constitution, to exercise necessary and proper powers for a limited period only and subject
to restrictions prescribed by this Act to effectively address the declared national emergency
against illegal drugs and terrorism in this Act,

Sec, 4, Authorized Powers, ~ Pursuant to Article VI, Section 23 (2) of the Constitution,
and to implement the declared national policy, the President is hereby authorized to exercise
the following powers for a limited period only and subject to restrictions prescribed by this,
Act:

a) To fortify law enforcement agencies of the government and for this purpose, to
train law enforcement personnel, reorganize, abolish or create offices; split group, or merge

positions; transfer functions, equipment, prope

s, records and personnel; institute cost-
cutting measures; and take such other related actions; provided, that this shall not result in

the diminution of the present salaries and benefits of the personnel of these agencies;


3

b) To appoint special prosecutors from the National Prosecution Service, whose

office will be open twenty-four (24) hou

everyday, including Saturdays, Sundays, and
holidays, to receive complaints, conduct preliminary investigation, and file information in
cases involving illegal drugs and terrorism;

©) To appoint special defense counsels from the Public Attorney's Office, whose

office will be open twenty-four (24) hours everyday, including Saturdays, Sundays, and

holidays, to advise, represent, and defend apprehended persons or the accused in cases

involving illegal drugs and terrorism;

d) To issue hold-departure orders and orders limiting the right to travel of persons

of interest in cases involving illegal drugs and terrorism for national security and public

safety, consistent with Article III, Section 6 of the Constitution;

e) To inquire into or examine records, logbooks, and registers in cases involving
illegal drugs and terrorism with any person, whether natural or juridical, without a court
order, notwithstanding Republic Act No. 10173, otherwise known as the Data Privacy Act of
2012, or any law to the contrary;

f) To inquire into or examine deposits and investments in cases involving illegal
drugs and terrorism with any banking institution or non-bank financial institution and their
subsidiaries and affiliates without a court order, notwithstanding Republic Act No. 1405,
otherwise known as the Law on Secrecy of Bank Deposits, as amended, or any law to the
contrary;

8) To issue orders to freeze without delay property or funds that are in any way
related to cases involving illegal drugs and terrorism during the pendency of such cases;

h) To issue orders to suspend the application of Republic Act No, 4200, otherwise
known as the Anti-Wiretapping Law, in cases involving illegal drugs and terrorism for
national security and public safety;

i) To transfer and separate terrorism and illegal drugs-related prisoners to
appropriate prison or detention facilities for public safety;

j) To convert existing buildings and structures into appropriate prison or

detention facili

es;
k) To initiate the construction and building of separate and isolated maximum
security prison or detention facilities for high risk terrorists and drug lords; and
1) To authorize alternative modes of procurement in procuring. relevant
infrastructure projects, goods, and consulting, services, including but not limited to forensic

laboratories, prison or detention facilities, and law enforcement tools, such as dash board

si



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cameras, police body cameras, and electronic bracelets; provided, that in all instances, the
President shall promote economy and efficiency.

Sec, 5, Special Courts. ~ There shall be special courts to hear cases involving illegal
drugs and terrorism in every judicial region, the judges of whom and the issuance of
processes shall be available twenty-four (24) hours everyday, including Saturdays, Sundays,

and holidays, to conduct continuous and spei

Jy trial not exceeding, sixty (60) days with a
decision to be made within ten (10) days from the case being submitted for decision, The
special courts shall have jurisdiction over cases in Section 9 of this Act. The Supreme Court

shall exei

ise supervision over these special courts to ensure compliance with this Section.

Sec. 6, Preliminary Attachment, ~ In cases involving illegal drugs and terrorism, the
provisional remedy of preliminary attachment shall automatically ensue to all properties
directly or indirectly owned by the defendant as applicable to secure the satisfaction of any
judgment in such cases

Sec. 7. Confiscation and Escheat in Illegal Drugs. - All properties, including a den,
dive, or resort, used in illegal drugs or where illegal drugs are intentionally sold or used,
such as common carriers, clubs, restaurants, and other establishments, shall be confiscated
and escheated in favor of the government.

Sec. 8. Official Logbook and Closed Circuit Television Data. - Law enforcement
agencies in whose care and control persons of interest in cases involving illegal drugs and
terrorism have been placed under custodial arrest and detention shall keep a securely and
orderly maintained official logbook and Closed Circuit Television (CCTV) data. The official
logbook and CCTV data are hereby declared as public documents and made available for
inspection and scrutiny at any time of the day or night by relatives within the fourth civil
degree of consanguinity or affinity, priests or religious ministers, lawyers, and physicians of
persons in interest under custody,

The official logbook and CCTV data shall contain a clear and concise record of (a) the
name, description, and address of the detained person; (b) the date and exact time of his
initial admission for custodial arrest and detention; (c) the name and address of the physician
who examined him physically and medically; (d) the state of his health and his physical and
mental condition at the time of his initial admission for custodial detention; (e) the date and

time of each removal of the detained person from

cell for interrogation or for any
purpose; (f) the date and time of his return to his cell; (g) the name and address of the
phy

summary of the physical and medical findings on the detained person after each

cian who physically and medically examined him after each interrogation; (h) a

interrogation; (i) the names and addresses of his family members and nearest relatives, if any


5
and if available; (j) the names and addresses of persons who visit the detained person; (k) the
date and time of each of such visits; (1) the date and time of each request of the detained
person to communicate and confer with his legal counsel; (m) the date and time of each visit,
and date and time of each departure of his legal counsel; and, (n) all other important events
bearing on and all relevant details regarding the treatment of the detained person while
under custodial arrest and detention.

A copy of the official logbook and CCTV data shall be biweekly submitted to Congress
as provided under this Act.

Sec. 9. Prevention of Abuses. ~ Public officials, including law enforcement personnel,

violating the law in implementing this Act and willfully failing to attend hearings shall be
immediately put under preventive suspension during the national emergency and be
disciplined in accordance with existing law.

Sec. 10. Curfew. - During the national emergency, minors below eighteen (18) years
old shall be required to have a curfew between 11 pm up to 4 am for their protection, except
minors who are accompanied by a parent or guardian or adult relative within the fourth civil
degree of consanguinity or affinity.

Sec. 11. Writ of Salus Populi Est Suprema Lex. - During the national emergency, upon
probable cause of a clear and present danger including but not limited to terrorism, any

person poss

sing intelligence information vital to the protection of life and limb may be
ordered by the judge through a writ of salus populi est suprema lex to submit to the proper
authorities for investigation for as long as reasonably required in the interest of national
security or public safety.

Sec, 12, Prohibition on the Issuance of an Injunction. ~ No court, except the Supreme
Court, may issue any temporary restraining order, preliminary injunction, or preliminary
mandatory injunction against the implementation of this Act:

Sec, 13. Construction or Interpretation of the Powers. ~ In the exercise of the powers
provided herein, the State shall ensure that the rights enshrined in the Constitution,
particularly the Bill of Rights, shall be observed, Nothing in this Act shall be construed or
interpreted as a restriction of the Bill of Rights or the Constitution,

Sec. 14, Duration, ~ The declared national emergency against terrorism and illegal

drugs in this Act, including the powers granted to the President under this Act, shall subsist,
be valid, and be effective for a period of one hundred eighty (180) days only from the
effectivity of this Act, unless sooner withdrawn by a joint resolution of Congress.

Sec. 15. Information and Education Campaign. - The government, through the

Department of Education and various local government units, in cooperation with the Parent


6

Teacher Associations, shall inform and educate the public, particularly the youth, and
provide them with properly trained teachers and guidance counselors in every school to
teach and guide them about the dangers of illegal drugs and terrorism.

Sec. 16. Appropriation, - The amount needed for the implementation of this Act shall
be charged against the current year’s appropriation.

Sec, 17. Oversight Committee, - To monitor the implementation of this Act and the

exercise of the powers granted hereunder, a Congressional Oversight Committee for the
protection of the rights of the people during the national emergency is hereby constituted

composed of three (3) members each from the Hous

of Representatives and the Senate. The

Congressional Oversight Committee may invite

interested parties to its oversight
proceedings.
Sec, 18, Report to Congress, - ‘The President shall submit a biweekly report to

Congr

on the implementation of this Act, including a copy of the official logbook and a list
of persons charged with or suspected of the crime of terrorism or illegal drugs-related crime,
Sec. 19. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or other

issuances or parts thereof inconsis

ent with the provisions of this Act are hereby repealed or

modified according!

Sec. 20. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain
in force and effect

Sec. 21. Effectivity. - This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,