Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City, Metro Manila

FIFTEENTH CONGRESS
fils Regular Session

03

House Bil No.

Introduced by Honorable Roilo Golez

EXPLANATORY NOTE

We should prevent the transformation of the Philippines from a democratic state, the
beacon of democracy in Asia, into a narco-democracy of Asia with 1.7 million Filipino users.

We should halt the growth and influence of narco-poiilics to prevent the tragedy of
destroying governmental institutions,

We should directly respond to the illegal drug crisis which has assumed a gargantuan
proportion approximating a national security threat through a single, solid and strong blow: a
Special Prosecutor for Dangerous Drugs

We should put an end to bungled handling of illegal drugs cases such as the Lawrence
Wang case more than ten years ago and other recent cases which seem to go nowhere because
the defendants are high and mighty or they create 2 seemingly impenetrable wall of authority
arising from their political position and economic clout.

This bill seeks to establish an Office of the Special Prosecutor on Dangerous Drugs to
directly counter the drug menace that has wreaked havoc to young minds, institutions of
government, and the pillars of the criminal justice system.

The Office of the Special Prosecutor for Dangerous Drugs will handle the prosecution of all
drug lords and big-time traffickers in the likes of suspected drug lord Alfredo Tiongco, as well as
top government and police and military officials linked to drug corruption.

We should arm the Special Prosecutor on Dangerous Drugs with all the support in law and
funds to implement the intent of this measure. An initial budget of Php 200 Million is provided, a
pittance as compared to the humongous wer chest dug lords have - - a level 1 drug operator is
‘said to earn Php 200 milloin a month or Php 2.4 billion a year.



Colombia resorted to this measure more than a decade ago and here is a chilling account
of the situation in Colombia per 2 TIME Magazine article dated 18 September 1995: i

SHOWING COURAGE AND INTEGRITY, PROSECUTOR ALFONSO
VALDIVIESO PROBES ORUGLORDS AND CORRUPT POLITICOS.

Alfonso Valdivieso moves about Bogota with all.
head of state: a caravan of armor-plated cars, a posse of 5 heavily armed bodyguards, The
picture window in his fifth- that is distorted by the 2-in,-thick
armored glass. Supposedly, the window can withstand a direct hit by a bazooka rocket

he security normally accorded

‘The precautions are not paranoid. As Colombia's Prosecutor-General, Valdivieso
is one of the most powerful and feared men in his very violent country, It follows that he is
perhaps its most endangered citizen. Since his appointment in 1994, Valdivieso has
systematically exposed the criminal-political conspiracy that sheltered 80% of the world's
‘cocaine trade and earned his nation infamy as a "nareo-democracy.” Willing to take risks iH
no predecessor in law enforcement dared, he has built cases against six of Colombia's iy
drug-trafficking kingpins in recent months.

‘The investigations have Colombians applauding Valdvieso's audacity, yet his
biggest achievement may still be aluesd of him. Last montis he jailed the former Defense |

. Minister, Fernando Botero, for allegedly soliciting drug money for the 1994 campaign of
President Ernesto Samper. Many observers believe the gathering scandal may ultimately
force the President's resignation.

also investigating more than 2 dozen
, fers of the ruling Liberal Party, 9 icion of drug tt
corruption~-Valdivieso not surprisingly receives 2 constant stream of death threats. Last i
month the Prosecutor-General’s security detail defused a powerful car bomb found parked
half a block from his office. ‘The modest lawyer takes all the danger in his stride. "These
kinds of threats," he shrugs, “they all come with the territazy.”

Valdivieso's courageous course of action has rendered the territory more
hazardous. The post of Proseeutor-General was ereated in 1991 in reaction to the immense
corruption and fear that suffused Colombia's existing criminal-justice system.

“Valdivieso has sent a signal against drug trafficking,” says Juan Lozano, a
columnist for E! Tiempo, Colombia's leading daily. "tie is unbribable, and he transmits
that message. He's honest, fair and brav

‘The Prosecutor-General recently turned over to a special congressional
‘commission boxes of documents related to allegations that Samper approved receipt of the
dirty campaign money. The lawmakers will decide wheter he should be impeached and
tried for corruption. "We are not investigating the President,” says Valdivieso. "Congress is
investigating him.”

Should Samper ultimately be forced from office, Valdivieso says, it would give
him no pleasure: "When judicial decisions are taken, especially when they involve friends
and acquaintances, one cannot feel satisfaction. The only thing that feels good is the sense
that you are doing your du

immediate passage of this measure is requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

a 303

House Bill No.

introduced by Honorable Roilo Golez

AN ACT
ESTABLISHING THE OFFICE OF THE SPECIAL PROSECUTOR FOR DANGEROUS DRUGS
AND FOR OTHER PURPOSES

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

SECTION 1, Declaration of Policy. - It is the declared policy of tne State to mainiain peace and
order, protect the life, liberty and property and promote the general welfare of all its people,
Pursuant thereto, the State shall provide government with a principal law agency which shail be its
chief prosecution arm for dangerous drugs and dangerous drugs trade.

SECTION 2. Creation of the Office of the Special Prosecutor for Dangerous Drugs. - There is
hereby created an independent and autonomous Office of the Special Prosecutor for Dangerous
Drugs attached to the Office of the President.

SECTION 3, Organizational Structure. ~ The Office of the Special Prosecutor for Dangerous
Drugs, hereinafter cited as OSPDD, shall be headed by the Special Prosecutor far Dangerous
Drugs, who shall be the chief prosecutor of the Goverment for dangerous drugs. The Special
Prosecutor for Dangerous Drugs shall have the authority and responsibilty for the exercise of the
office's mandate and for the discharge of its duties and functions, and shall have supervision and
control over the Office.

The Special Prosecutor for Dangerous Drugs shell be assisted by twelve (12) Deputy
Prosecutors for Dangerous Drugs, twenty-four (24} Assistant State Prosecutors ‘or Dangerous
Drugs and such number of administrative personnel as may be necessary to operate the Office.

SECTION 4, Coverage. - The OSPDD shall be the chief orosecution arm of the Goverment for
dangerous drugs, dangerous drugs rade, violations of Republic Act No. 9185 othenvise known as
the Comprehensive Dangerous Orugs Act of 2002, and shail cover the following:



drug traffickers belonging to the category Level Ili and above as defined by the
Philipoine Drug Enforcement Agency (PDEA);

pubic officials charged with violations of Comprehensive Dangerous Drugs Act
belonging to the rank of:

Police Superintendent and above;

} Municipal and city chiets of police, provincial director, district director, regional
director, group directors and above irrespective of police rank;

al

Lieutenant Colonel or Navy Commander and above of the Armed Forces of the
Philippines;

Prosecutors and judges and other members of the Judiciary of ali levels;

Elected officials from the position of municipal councilors and above

4) Oivil service officials from salary grade level 24: and

4g) All public officials irrespective of rank, whether in the Dangerous Drugs Board
({OD8), PDEA, AFP, PNP, or other jaw enforcement and other government
agencies, including local governments, whose principal duty is to enforce the
Comprehensive Dangerous Drugs A

& &

SECTION 5. Powers and Functions. ~The OSPOD shail have the following powers:

1

To investigate, initiate court action, or in any manner proceed against any person,
corporation or firm which may be or is involved in the dangerous drug trade;

To represent the Government in the Supreme Court and the Court of Appeals in all
criminal cases on dangerous drugs and drug-related proceedings pursuant to Section
4 of this Act;

To coordinate and exchange information with the PDEA, Philippine National Police,
Dangerous Drugs Board, the National Bureau of Investigation, and the Armed Forces
of the Philippines on dangerous drugs trade;

To apply from a proper court for a temporary restraining order effective for sixty (60)
days without notice or opportunity for a hearing before, during, or after the filing of the
information directing the defendant or any person acting on his behalf to desist from
disposing and to preserve the availability of the property for forfeiture upon due
demonstration that there is probable cause to believe that the property will be subject
to forfeiture and the provision of notice will jeopardize the availability of the property for
forfeiture;

To seize, upon the judgment of conviction by the court, all properties so ordered
forfeited; Provided that, the judgment of forfeiture in the original case shall be without
prejudice to the right of the government to initiate further forfeiture proceedings on
properties of the accused which may later be discovered as part of the proceeds of the
commission of the crime;



8. To administer oaths, and issue subpoenas requiring the attendance and testimony of
witnesses and / or the production of such books, papers, contracts, records, statement
of accounts, and other documents as may be material o the investigation conducted
by the OSPDD;

7. To hokd any person in direct or indirect contempt and impose appropriate penalties
following the same procedures and penalties provided in the Rules of Court;

8. To seek and secure the assistance of any office, agency, or instrumentality of the
government:

9. To promulgate such rules and regulations as may be necessary to camry oul the
purposes of this Act;

10. To represent the Republic of the Philippines in international drug litigation,
negotiations, or conferences where the legal position of the Republic must be
defended or presented; and

1, Perform such other functions as may be provided by law.

SECTION 6. Appointments. - The Special Prosecutor for Dangerous Drugs shall be appointed by
the President and shall have the qualification for appointment, rank, prerogatives, and privileges of
a Department Undersecretary. The Special Prosecutor for Dangerous Drugs must have no political
affiliation nor any involvement, direct or indirect, in partisan politics.

‘The Deputy Prosecutors for Dangerous Drugs and other prosecutors for Dangerous Drugs
shall be appointed by the President upon recommendation of the Special Prosecutor for
Dangerous Drugs. The Deputy Prosecutors for Dangerous Drugs and prosecutors for Dangerous
Drugs shall have the qualification for appointment, rank, prerogatives and privileges of a Chief
State Prosecutor and an Assistant Chief State Prosecutor.

The administrative personnel in the Office of the Special State Prosecutor for Dangerous
Drugs shall be appointed by the Special Prosecutor for Dangerous Drugs.

SECTION 7. Term of Office; Ban on Elective Office. - The Special Prosecutor for Dangerous
Drugs and the Deputy Prosecutors for Dangerous Drugs shall serve for a fixed term of six (6)
years. The Special Prosecutor for Dangerous Drugs, Deputy Prosecutors for Dangerous Drugs,
and Prosecutors for Cangercus Orugs are banned from running for any elective position for six (6)
years after his / her terms of office, completed or otherwise.

SECTION 8. Funding. - The amount of Two Hundred Million Pesos (Php 200,000,000.00) shall be
included in the General Appropriations Act of the year following its enactment into law and
thereafter.

SECTION 9. Separability Clause. ~ If any part or provision of this Act is held invalid or
unconstitutional, the other parts or provisions hereof shall remain valid and effective.



SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and regulations |
ordinances, and other issuances, or parts thereof, which are inconsistent with this Act are hereby
repealed or modified accordingly.

SECTION 11. Effectivity - This Act shall take effect upon its publication in at least two (2)
national newspapers of general circulation.

Approved,