Republic of the Philippines
House of Representatives
Quezon City

Sixteenth Congress
Second Regular Session

House Bill No. 5874

Introduced by Representative VICENTE “VARF” BELMONTE

EXPLANATORY NOTE

During the May 27, 2015 meeting of the Committee on Dangerous Drugs, the
Department of Foreign Affairs reported that there are around 1,288 drug related
cases affecting Filipinos overseas and out of this total number there are forty one
(41) persons facing the death penalty. Persons on death row include eighteen
(48) individuals in Malaysia, twenty-one (21) in China, one (1) in Saudi Arabia
and one (1) in Indonesia - Mary Jane Veloso, who was given a temporary
reprieve on the eleventh hour by Indonesian President Joko Widodo. Mary Jane
was apprehended in 2010 in Yogyakarta, Indonesia upon her arrival from
Malaysia for transporting 2.6 kilograms of heroin concealed in her luggage.

‘As early as September 2008, a Filipino informant divulged that a Nigerian
syndicate based in Malaysia recruited Filipinas as drug couriers to China. In one
incidence a Filipina was apprehended carrying 9 capsules of heroin in her
privates, 48 capsules in her rectum and 11 capsules in her intestine. Some drug
couriers attest that fellow Filipinos recruit them for employment abroad but were
later on duped into transporting illegal drugs.

Despite the accomplishments in supply and demand reduction by drug law
enforcers, drug syndicates have become fearless and resourceful in plying their
nefarious trade by utilizing drug couriers. Hence, the need to urgently amend
Sections 3 and 5 of Republic Act 9165 otherwise known as the Comprehensive
Dangerous Drugs Act of 2002 by providing the maximum penalty for recruiters of
drug couriers.

In view of the foregoing, early passage of this bill is earnestly requested

VICENTE “VARF BELMONTE


Republic of the Philippines
House of Representatives
Quezon City

Sixteenth Congress
Second Regular Session

House Bill No. 5874

Introduced by Representative VICENTE “VARF” BELMONTE

AN ACT PENALIZING THE RECRUITMENT OF DRUG COURIERS,
AMENDING FOR THE PURPOSE SECTIONS 3 AND 5 OF REPUBLIC ACT
9165 OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002

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

SECTION 1. Section 3 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“Sec. 3. Definitions. — As used in this Act, the following terms shall
5 mean:

x & x
6 “GG) RECRUITER. - ANY PERSON WHO KNOWINGLY AND
7 WILLFULLY CONSENTS TO THE UNLAWFUL ACTS PROVIDED
8 FOR IN THIS ACT AND USES HIS/HER INFLUENCE, POWER
9 OR POSITION IN CANVASSING, ENLISTING, CONTRACTING,
10 TRANSPORTING, UTILIZING, HIRING PERSONS WHO WILL

i UNDERTAKE ANY OF THE ILLEGAL ACTIVITIES PRESCRIBED
12 UNDER THIS ACT.

13 “{gg]HH) School. - Any educational institution, private or public,
M4 undertaking educational operation for pupils/students pursuing

15 certain studies at defined levels, receiving instructions from
16 teachers, usually located in a building or a group of buildings in a
7 particular physical or cyber site

18 “[HhJll) Screening Test. — A rapid test performed to establish

19 potential/presumptive positive result


26

“[liJJJ) Sell. — Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for money or
any other consideration

“[Jj]KK) Trading. - Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to, text
messages, e-mail, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a broker in any of
such transactions whether for money or any other consideration in
violation of this Act.”

SECTION 2. Section 5 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 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

ae x

THE MAXIMUM PENALTY PROVIDED FOR UNDER THIS
SECTION SHALL BE IMPOSED UPON ANY PERSON WHO
ACTS AS A “RECRUITER” OF ANY OF THE ILLEGAL
ACTIVITIES PRESCRIBED IN THIS SECTION.
' x #

SEC. 3. Separability Clause. ~ If any provision or part hereof is held
invalid, or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SEC. 4. Repealing Clause. — Sections 3 and 5 of Republic Act 9165
otherwise known as the Comprehensive Dangerous Drugs Act of 2002 and all
other laws, presidential decrees or issuances, executive orders, letters of
instruction, administrative orders, rules and regulations contrary to or inconsistent


with the provisions of this Act are hereby repealed, modified or amended
accordingly

SEC. §. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Approved,