Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

OATE:
Ti

PEGEIVE

Seventeenth Congress
Third Regular Session

House sit no, 8832

Introduced by ACT Teachers Party-List
Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO,
KABATAAN Party-List Rep. SARAH JANE L. ELAGO, BAYAN MUNA Party-List Rep. CARLOS
ISAGANI T. ZARATE, Gabriela Women’s Party Rep. ARLENE D. BROSAS and Rep. EMMI A. DE
JESUS, and ANAKPAWIS Party-List Rep. ARIEL B. CASILAO

EXPLANATORY NOTE

In the past three years, the Philippine National Police has increased its reliance on journalists to
act as witnesses to the inventory of contraband and other items seized during anti-drug
operations. This practice, however, has always been met with resistance by both individual
journalists and media groups from all over the country.

The practice was first made a legal requirement under Section 21 (1) of Republic Act No. 9165,
or the Comprehensive Dangerous Drugs Act of 2002, which mandated:

“The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice (DOJ),
and any elected public official who shall be required to sign the copies of the inventory and be
given a copy thereof...”

Although this provision has since been amended by Republic Act No. 10640, enacted on July 15,
2014, which made media witnesses optional, journalists throughout the country report that law
enforcement units continue requiring them to sign on as witnesses, often as a condition for
being allowed to cover anti-drug operations. Worse, there are reports that they are made to
sign even if they did not actually witness the operation or the inventory of seized items.

Journalists who decline can find their sources or the normal channels of information no longer
accessible.


Aside from the obvious coercion and attempts to control information of vital interest to the
public, the media’s opposition to this practice also stems from the fact that it unnecessarily
places journalists at risk of retaliation from crime syndicates, on the one hand, and exposes
them to prosecution for perjury and other offenses in the event of irregularities in the conduct
of anti-drug operations, on the other.

To end this dangerous and unfair practice, it is imperative that this Congress, in the exercise of
its mandate to take every conceivable step to protect journalists from harm as well as to help
ensure that their reportage remain objective and factual, pass in the most expeditious manner
an amendment to laws that engender such situations.

For these reasons, the passage of this bill is most urgently sought.

SK

Rep. ANTONIO L. TINIO Rep.

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INCE ff. CASTRO
Teachefs Party-List

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ACT Teachers Party-List

Rep. EMMI A. DE JESUS Rep. ARLENE D. BROSAS
Gabriela Women’s Party Gabriela Women’s Party
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Rep. eee T. ZARATE Rep. ARIEL B. CASILAO

BAYAN MUNA Party-List ANAKPAWIS Party-List



Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8832

Introduced by ACT Teachers Party-List
Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO,
KABATAAN Party-List Rep. SARAH JANE L. ELAGO, BAYAN MUNA Party-List Rep. CARLOS
ISAGANI T. ZARATE, Gabriela Women’s Party Rep. ARLENE D. BROSAS and Rep. EMMI A. DE
JESUS, and ANAKPAWIS Party-List Rep. ARIEL B. CASILAO

AN ACT
EXEMPTING JOURNALISTS FROM ACTING AS ANTI-DRUG OPERATIONS WITNESSES AND.
AMENDING REPUBLIC ACT NO. 10640, ENTITLED “AN ACT TO FURTHER STRENGTHEN THE
ANTI-DRUG CAMPAIGN OF THE GOVERNMENT,” AMENDING FOR THE PURPOSE SECTION 21
OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002”

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

SECTION 1. Short Title. - This Act shall be known as the “Journalists’ Exemption Law.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to ensure
media safety and help journalists and media workers in their desire for objective and factual
reporting in the government's anti-drug campaign.

Towards this end, in the interest of media freedom and safety, objective reportage, and
media freedom and democracy, the Congress finds compelling the demand that journalists are
‘exempt from acting as police witnesses in the inventory of contraband and other items seized
during anti-drug operations.

SEC. 3. Section 1 of Republic Act no. 10640, otherwise known as “An act to further strengthen the
anti-drug campaign of the government,” amending for the purpose Section 21 of Republic Act No. 9165,
‘otherwise known as the ‘Comprehensive Dangerous Drugs Act of 2002,” is hereby amended to read as
follows:

"SEC. 1. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential


Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall
take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:

(1) The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or
laboratory equipment shall, immediately after seizure and confiscation, conduct a
physical inventory of the seized items and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, with an elected public official and a representative of
the National Prosecution Service who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the search warrant is served; or at
the nearest police station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures: Provided, finally, That
noncompliance of these requirements under justifiable grounds, as long as the integrity
and the evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures and custody
over said items.

"xX"

SEC. 4. Implementing Rules and Regulations (IRR). ~ To implement effectively the
provisions of Section 21, the Philippine Drug Enforcement Agency (PDEA) shall issue the
necessary guidelines on the IRR for the purpose in consultation with the Department of Justice
(00 J) and relevant sectors to curb increasing drug cases.

SEC. 5. 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. 6. Repealing Clause. — All 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. 7. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved.