NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S. No.
SENATE
2217
Senate
23 MAY 18 P 3 SO
ivTi’;
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING SECTIONS 27 AND 28 OF REPUBLIC ACT NO. 9165 OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS 
AMENDED, THEREBY IMPOSING THE DEATH PENALTY WHEN THE OFFENSE 
IS COMMITTED BY AN OFFICER OR MEMBER OF THE ARMED FORCES OF 
THE PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER 
UNIFORMED OR LAW ENFORCEMENT AGENCY, OR AN ELECTIVE OFFICIAL, 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The fundamental law of the land provides that Congress, in the exercise of its 
legislative powers, may reimpose the death penalty for crimes that are considered 
"heinous for being grievous, odious and hateful offenses and which, by reason of their 
inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant 
and outrageous to the common standards and norms of decency and morality in a 
just, civilized and ordered society."
The reported prevalence of the illegal drug problem has persisted through the 
years, shedding light on the pronouncement of then President Rodrigo Roa-Duterte in 
2016 that the country has turned into a "narco-state". It has since become the worst 
crisis the Duterte Administration has to address.
This menace has spread through and through. In fact, in just the first two 
weeks of 2023, about P70 million worth of illegal drugs were seized. Early this year, 
the Philippine National Police (PNP) called for the top officials of the institution to 
purge its ranks of ties to the illicit drug trade. Hundreds of police generals and colonels


have since voluntarily vacated their posts following this radical approach to cleanse 
the police ranks.
The alarming surge of illegal drug cases involving our law enforcers and public 
officials has brought our nation into a state of insecurity. It spoils the reputation of 
the public institutions mandated to "serve and protect" and to be the "protector of the 
people". Thus, the seriousness of the drug problem has reached the very core of our 
law enforcement.
It is the duty of the government to guarantee the safety of the people, and 
hence, protect society from the ills of illegal drugs. The present law has demonstrated 
its futility to deter offenses relating to drugs. Our law's leniency has brought us to this 
sorry state of affairs where law enforcers are now unafraid to be involved in illegal 
drugs. The situation is dire which requires our government to respond with a staunch 
and decisive measure: the law must be changed.
It is an incontrovertible truth that the illegal drug trade and prevalence become 
so entrenched and systematic that its rot sets in the very core of our public institutions. 
To reinstate the rule of law and rebuild the trust of the Filipino people, we must re­
impose the death penalty as a strong deterrent to grave offenders from the Armed 
Forces of the Philippines, the Philippine National Police, any uniformed or law 
enforcement agency, or an elective official who are entrusted with the public power 
by the people.
In view of the foregoing, the passage of this bill is earnestly sought.
ROBINHOOD PADILLA
/ Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
)
SENATE
2217
of tljs* .€?rn'etnrp
23 MAY 18 P3 51
RHCcIVED Sv’
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING SECTIONS 27 AND 28 OF REPUBLIC ACT NO. 9165 OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS 
AMENDED, THEREBY IMPOSING THE DEATH PENALTY WHEN THE OFFENSE 
IS COMMITTED BY AN OFFICER OR MEMBER OF THE ARMED FORCES OF 
THE PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER 
UNIFORMED OR LAW ENFORCEMENT AGENCY, OR AN ELECTIVE OFFICIAL, 
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Section 'll of Republic Act No. 9165 otherwise known as the
2 
"Comprehensive Dangerous Drugs Act of 2002/' as amended, is hereby amended to
3 
read as follows:
4 
Section 27. Criminal Liability of a Public Officer or
5 
Employee for Misappropriation, Misapplication or Failure to
6 
Account for the Confiscated, Seized and/or Surrendered
1 
Dangerous Drugs, Plant Sources of Dangerous Drugs,
8 
Controlled Precursors and Essential Chemicals,
9 
Instruments/Paraphernalia and/or Laboratory Equipment
10 
Including the Proceeds or Properties Obtained from the
11 
Unlawful Act Committed. —The penalty of life imprisonment
12 
to death and a fine ranging from Five hundred thousand pesos
13 
(P500,000.00) to Ten million pesos (P10,000,000.00), in
1


1 
addition to absolute perpetual disqualification from any public
2 
office, shall be Imposed upon any public officer or employee
3 
who misappropriates, misapplies or fails to account for
4 
confiscated, seized or surrendered dangerous drugs, plant
5 
sources of dangerous drugs, controlled precursors and
6 
essential chemicals. Instruments/paraphernalia and/or
7 
laboratory equipment including the proceeds or properties
8 
obtained from the unlawful acts as provided for in this Act [t]:
9 
PROVIDED, THAT, THE DEATH PENALTY SHALL BE
10 
IMPOSED WHEN THE OFFENDER IS AN OFFICER OR
11 
MEMBER OF THE ARMED FORCES OF THE
12 
PHILIPPINES, PHILIPPINE NATIONAL POLICE OR
13 
ANY OTHER UNIFORMED OR LAW ENFORCEMENT
14 
AGENCY.
15 
Any elective local or national official found to have
16 
benefited from the proceeds of the trafficking of dangerous
17 
drugs as prescribed In this Act, or have received any financial
18 
or material contributions or donations from natural or juridical
19 
persons found guilty of trafficking dangerous drugs as
20 
prescribed in this Act, shall SUFFER THE PENALTY OF
21 
DEATH WITHOUT PREJUDICE TO [be] remo[ved]AL from
22 
office and perpetually disqualified from holding any elective
23 
or appointive positions in the government, its 
divisions,
24 
subdivisions, and intermediaries. 
Including government-
25 
owned or-controlled corporations.
26 
Sec. 2. Declaration of Heinous Crime and Imposition of Death Penalty. — It is
27 
hereby declared as a heinous crime when the offense is committed by an officer or
28 
member of the Armed Forces of the Philippines, Philippine National Police or other law
29 
enforcement agencies as provided by Section 27.
30 
Sec. 3. Suspension of the execution of the death sentence. — The death
31 
sentence shall not be inflicted upon a woman while she is pregnant or within one (1)
32 
year after delivery, or upon any person over seventy (70) years of age. In this last


1 
case, the death sentence shall be commuted to forty (40) years Imprisonment with
2 
the accessory penalties provided under the Revised Penal Code.
3 
Sec. 4. Separability Clause. — If any portion or provision of this Act is declared
4 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
5 
remain in force and effect.
6 
Sec. 5. Repealing Clause. — Republic Act No. 9346 is hereby amended
7 
accordingly in so far as the prohibition of death penalty on crimes as specified in this
8 
Act. Any law, presidential decree or Issuance, executive order, letter of instruction,
9 
rule or regulation inconsistent with the provisions of this Act is hereby repealed or
10 
modified accordingly.
11 
Sec. 6. Effectivity Clause. — This Act shall take effect after fifteen (15) days
12 
following its complete publication in the Official Gazette or a newspaper of general
13 
circulation.
Approved,