CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House BillNe.__ 4536

Introduced by REP. MARK A. VILLAR

EXPLANATORY NOTE

The data from the Philippine Drug Enforcement Agency (PDEA) reveals
that there are 630 Filipinos languishing in jails in Asia, United States and Middle
East for allegedly acting as drug couriers of high-profile international drug
‘syndicates.

Recently, we have witnessed how our government requested for the
reprieve of the death sentence imposed on three (3) Filipinos who were allegedly
used as drug mules. Unfortunately, while the reprieve was granted, the same
was only temporary.

These are not mere isolated cases considering that it had been reported
that there are 205 Filipinos imprisoned in China for allegedly acting as drug
mules. ‘

It can be safely assumed that some of them are Overseas Filipino Workers
(OFWs) who could have been unwittingly used by drug syndicates as drug
mules. Most of these OFWs were merely forced by circumstances to leave their
loved ones and look for employment opportunities abroad.

While Republic Act 9165 or the Comprehensive Dangerous Drugs Act
2002 imposes the maximum penalty of life imprisonment to death on individuals
who shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug, it only imposes
the penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) on individuals who


shall sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical.

Considering the vulnerability of OFWs to syndicates who could use them
not only to deliver or dispatch dangerous drugs but also controlled precursor
and essential chemical, it is only apt that we provide the maximum penalty of life
imprisonment to: drug pushers who will use! OFWs to dispatch controlled
precursor and essential chemical.

This bill hopes to deter the illegal drug, traffickers from victimizing OFWs
by imposing the maximum penalty of life imprisonment and at the same time
highlighting the seriousness of our government in affording protection to OFWs
who are considered to be our modern heroes.

The passage of this Bill is earnestly requested.

Qo

MARK A. VILLAR
Representative, Lone District of Las Pitas City


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No.__ 4936 ;

. Introduced by REP. MARK A: VILLAR
Tie

AN ACT IMPOSING OF THE PENALTY OF LIFE IMPRISONMENT
ON INDIVIDUALS WHO USE OVERSEAS FILIPINO WORKERS AS.
RUNNERS OR COURIERS TO DISTRIBUTE OR DISPATCH CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICAL, AMENDING FOR THE
PURPOSE REPUBLIC ACT 9165 KNOWN AS COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, AND FOR OTHER PURPOSE

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

SECTION 1. Section 5 of Republic Act 9165. otherwise known as the Dangerous
Drugs Act of 2002 is hereby amended to read as follows:

“Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such
transactions.


The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in transit or transport
any controlled precursor and. essential chemical, or shall act as a
broker in such transactions.

If the ‘sale, trading, administration, dispensation, delivery,
distribution or transportation of any ‘dangerous drug and/or

| controlled precursor and essential chemical transpires within, one
hundred (100) meters from the school, the maximum penalty|shall
be imposed in every case.

For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum
penalty shall be imposed in every case.

FOR DRUG PUSHERS WHO USE OVERSEAS FILIPINO
WORKERS (OFWs) AS RUNNERS OR COURIERS TO BRING
IN CONTROLLED PRECURSORS AND/OR ESSENTIAL
CHEMICAL TO THE PHILIPPINES FROM A FOREIGN
COUNTRY OR FROM THE PHILIPPINES TO A FOREIGN
COUNTRY, THE MAXIMUM PENALTY OF LIFE
IMPRISONMENT SHALL BE IMPOSED IN EVERY CASE.

FOR THIS PURPOSE, AN OVERSEASE FILIPINO WORKER IS
ONE WHO IS EMPLOYED, ABOUT TO BE EMPLOYED, OR
HAD BEEN MADE TO BELIEVE THAT THERE IS AN
AVAILABLE EMPLOYMENT FOR HIM OUTSIDE THE
PHILIPPINES. THE TERM OFWs SHALL INCLUDE BOTH
DOCUMENTED) AND UNDOCUMENTED _ FILIPINOS
WORKING ABROAD.

If the victim of the offense is a minor or a mentally incapacitated
individual, or should a dangerous drug and/or a controlled
precursor and essential chemical involved in any offense herein
provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be
imposed.


The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand, pesos,
(P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this
Section. * 1

‘SECTION 2. Repealing Clause. - Any law, presidential decree or issuance,

jexécutive ‘order, letter of instruction, administrative order, rule or regulation

contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly. 2

SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,