Republic of the Philippines
House of Representatives
Quezon City

Fifteenth Congress
Third Regular Session

House Bill No. 8206

Introduced by Representatives VICENTE “VARF” BELMONTE,
RUFUS B. RODRIGUEZ & MAXIMO B. RODRIGUEZ, JR.

EXPLANATORY NOTE

After 10 years of implementing the Comprehensive Dangerous Drugs Act of
2002, statistics on pending and acquitted drug cases prove that there is a
growing need to introduce important amendments. New problem areas are
emerging that if left unchecked could later undermine the all-out war policy of
the State against dangerous drugs.

The Philippine Drug Enforcement Agency, PNP Anti-lllegal Drugs Special
Operations Task Force and the National Bureau of Investigation reported that
many warehouses and residential units have been used to conceal
clandestine “shabu” laboratories. Stockpiles of precursors and essential
chemicals used in the manufacture of dangerous drugs were uncovered and
seized from these places. In all the raids they conducted on these places, the
owner of the warehouse or building escaped criminal liability by simply
showing the contract of lease involving the property subject of the police
operation. Without imputing malice and criminal intent on the part of the
lessors, it is imperative, however, that a certain mechanism be designed to
help curtail this emerging pattern. At the alarming rate of discovery of such
clandestine laboratories in exclusive villages and high end condominium units
in Metro Manila, there is no denying that the drug traffickers are determined to
continue the nefarious trade at any cost.

On their own, our law enforcers cannot easily monitor such operations without
the help of the public, particularly in exclusive and secured residential areas.
The lessors have the right to inspect their properties for signs of any illegal
activities. The lessors need not even be intrusive in their inspection because
operations of clandestine laboratories have tell-tale signs.

In view of theforegoing, early passage of this bill is earnestly requested.
<

Vicente “ Belmonte Rufus/B. Ros lez

ea .
Taree Rodriguez, Jr.


Republic of the Philippines
House of Representatives
Quezon City

Fifteenth Congress
Third Regular Session

House Bill No._6206

Introduced by Representatives VICENTE “ VARF” BELMONTE,
RUFUS B. RODRIGUEZ & MAXIMO B. RODRIGUEZ, JR.

AN ACT PENALIZING NEGLIGENT LESSORS OF PROPERTIES USED AS.
CLANDESTINE LABORATORIES AND DRUG WAREHOUSES, AMENDING
FOR THE PURPOSE SECTION 8 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 8 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read
as follows:

“SEC. 8. Manufacture 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 engage in the manufacture of
any dangerous drug

x x

“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 AN OWNER OR LESSOR OF A BUILDING,
WAREHOUSE, OR ANY EDIFICE, OR IN THEIR
ABSENCE, THEIR DULY AUTHORIZED
REPRESENTATIVE, WHO LEASES THE PROPERTY TO
ANY PERSON BUT OMITS TO ASCERTAIN, CHECK AND
CONFIRM THAT IT IS ACTUALLY USED FOR A LAWFUL
PURPOSE, AND WHICH PROPERTY IS FOUND
ACTUALLY UTILIZED AS CLANDESTINE LABORATORY
OR USED IN THE MANUFACTURE OR STORAGE OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS. AND IF THE OWNER OR
LESSOR, OR HIS DULY AUTHORIZED


REPRESENTATIVE, INSPECTED THE PROPERTY AND
DISCOVERED THE ILLEGAL ACTIVITY BUT FAILED TO
REPORT THE SAME, THE MAXIMUM PENALTY SHALL
BE IMPOSED.

“IF THE PROPERTY SUBJECT OF LEASE IS
GOVERNMENT OWNED, IN ADDITION TO ABSOLUTE
PERPETUAL DISQUALIFICATION FROM ANY PUBLIC
OFFICE, THE GOVERNMENT OFFICIALS AND
EMPLOYEES, WHO OMIT TO OBSERVE AND
DISCHARGE THE LEGAL OBLIGATION REQUIRED IN
THE PRECEDING PARAGRAPH SHALL BE LIABLE TO
THE MAXIMUM PENALTY IMPOSED THEREIN.

“IF THE PROPERTY SUBJECT OF LEASE IS OWNED BY
A PARTNERSHIP, CORPORATION, ASSOCIATION, OR
ANY JURIDICAL ENTITY, THE PERSON LIABLE TO THE
PENALTY PRESCRIBED IN THE FIRST PARAGRAPH OF
THIS SECTION IS THE PARTNER, PRESIDENT,
DIRECTOR, MANAGER, TRUSTEE, ESTATE EXECUTOR
OR ADMINISTRATOR, OR THEIR DULY AUTHORIZED
REPRESENTATIVE.

“FOR PURPOSES OF THIS SECTION, THE PERSONS TO
BE HELD LIABLE IN THE PRECEDING THREE (3)
PARAGRAPHS OF THIS SECTION SHALL BE PRIMA
FACIE CONSIDERED AS HAVING GIVEN THEIR
CONSENT TO THE ILLEGAL USE OF THE LEASED
PROPERTY WHEN THEY FAIL TO VISIT AND INSPECT
THE LEASED PROPERTY AT LEAST ONCE EVERY
GIVEN QUARTER, PROVIDED THAT IN NO CASE SHALL
THE VISITATION BE LESS THAN FOUR TIMES IN A
YEAR.

“THE VISITATION SHALL BE EVIDENCED BY AN
AFFIDAVIT TO BE EXECUTED, WITHIN FIVE (5) DAYS
FROM DATE OF VISITATION AND INSPECTION, BY THE
PRIVATE INDIVIDUAL, CONCERNED GOVERNMENT
OFFICIAL OR EMPLOYEE, OR CONCERNED OFFICER
OF THE PARTNERSHIP, CORPORATION, ASSOCIATION,
OR ANY JURIDICAL ENTITY THAT OWNS THE
PROPERTY SUBJECT OF THE LEASE. THE AFFIDAVIT
SHALL CATEGORICALLY STATE THE FOLLOWING: (1)
THE DATE WHEN THE INSPECTION OF THE PREMISES
WAS MADE (2) THE DETAILS OF THINGS SEEN AND
OBSERVED DURING THE INSPECTION, AND (3) THE
FACT THAT THE LEASED PREMISES IS NOT BEING
USED FOR ANY UNLAWFUL PURPOSE, IF SUCH IS THE
CASE. IT SHALL BE SUBMITTED TO THE
ADMINISTRATIVE BOARD PURSUANT TO THE
PROVISIONS OF SECTION 52 (1) HEREOF, WITHIN FIVE
(5) WORKING DAYS FROM THE EXECUTION OF SAID
AFFIDAVIT.


“IN ADDITION, A COPY OF THE LEASE CONTRACT AND
THE SPECIAL POWER OF ATTORNEY OF THE
AUTHORIZED REPRESENTATIVE, IF ANY, SHALL ALSO
BE FILED WITH THE ADMINISTRATIVE BOARD AND
CITY OR MUNICIPAL ASSESSOR WITHIN FIVE (5) DAYS
FROM EXECUTION OF SAID CONTRACT. THE FAILURE
TO COMPLY WITH THIS MANDATORY REPORTORIAL
REQUIREMENTS SHALL ALSO CONSTITUTE A PRIMA
FACIE PRESUMPTION THAT NO SUCH VISITATION WAS
CONDUCTED ON THE LEASED PREMISES FOR THE
DURATION OF THE COVERED PERIOD.”

SEC. 2. Separability Clause. — \f 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. 3. 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. 4. Effectivity. — This Act shall take effect fifteen (15) days after

its complete publication in at least two (2) newspapers of general circulation.

Approved,