Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2995

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

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” ‘

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.

Rep. CARLOS ISAGANI T. ZARATE p. FERDINAND GAITE
BAYAN MUNA Party-List BAYAN MUNA Party-List

Rep. EUFEMIA C, CULLAMAT
BAYAN MUNA Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2995
HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

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. Section 21 of Republic Act 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002” as amended by Republic Act 10640,
is hereby further 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
0 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 {OR-FHE-MEDIA} 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.”

SEC 4, Penalties. — Any person violating the right of journalists to exemption from
under this Act shall be liable for grave coercion under Article 286 of the Revised
Penal Code, without prejuidice to administrative, civil, and other liabilities.

SEC. 5. 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 (DO J) and relevant sectors to curb increasing drug cases.

SEC. 6. 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. 7. 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. 8. Effectivity.— This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,