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

Fifteenth Congress
Third Regular Session

73

Introduced by Representatives RUFUS B. RODRIGUEZ,
MAXIMO B. RODRIGUEZ, JR. and JEFFREY P. FERRER

House Bill No.

EXPLANATORY NOTE

Section 86 of the Comprehensive Dangerous Drugs Act of 2002 deals with
the Transfer, Absorption and Integration of All Operating Units on Illegal
Drugs into the PDEA and Transitory Provisions. It also provided for the
abolition of the former NARCGROUP of the Philippine National Police (PNP),
National Bureau of Investigation (NBI) and the Bureau of Customs (BOC) to
give way for the creation of the Philippine Drug Enforcement Agency.

On June 18, 2003, the PNP Anti-Illegal Drugs Special Operations Task Force
(PNP-AIDSOTF), the NBI Anti-lIIlegal Drugs Task Force (NBI-AIDTF) and the
Bureau of Customs Task Force were created pursuant to Executive Order No
218 to strengthen the support mechanism for PDEA. At present, despite its
interim nature and lack of regular funding, the PNP AIDSOTF and the NBI
AIDTF still exist and continue to perform its anti-illegal drug operations in
support of PDEA. Their accomplishments include the arrest and eventual
convictions of Mayor Ronnie Mitra and Amin Imam Boratong; discovery and
dismantling of multi-million peso clandestine laboratories; and the arrest of
members of West African Drug Syndicates.

The transition period provided for by law under Section 86, within which the
PDEA should have absorbed, transferred and integrated all operating units on
illegal drugs has passed in 2007. PNP and NBI personnel who were assigned
in detailed service at PDEA opted to go back to their respective mother units.
Needless to say that Section 86 of Republic Act No 9165 had been met.

However, with the complexity of anti-illegal drug operations, involvement of
organized crime groups in drug trafficking, recruitment of drug couriers and
the presence of clandestine laboratories in posh villages and high end
subdivisions, the government thrust’s against illegal drugs should be
intensified.

The illegal drug problem continues to be a constant social menace that
permeates even the remotest barangay in the countryside. There must be a
holistic approach and consolidated effort between and among the law
enforcement agencies since the drug problem remains a law
enforcement/police concern, and the PDEA, in reality, cannot address the
drug problem without the indispensable support of other law enforcement
agencies.


Dangerous Drugs will always remain as one of the primary concerns of the
PNP, NBI and the Bureau of Customs as we recognize the social cost of the
continuing drug problem that is correlated and intrinsically interwoven with the
other forms of criminality.

Recently, statistics will bear that the over all anti-illegal drug campaign of the
government has been weakened by the evolving misconception that the drug
problem is no longer a PNP or NBI concern but solely of PDEA. The PNP and
NBI is still looked upon by the public as law enforcement agencies primarily
responsible in the conduct of anti-illegal drugs operations especially in the
remote areas. Their decades of experience and expertise in the anti-drug
campaign should not be undermined.

The PNP and NBI can also maximize building networks with foreign
counterparts and international organizations that could extend technical and
capacity building assistance for anti-drug operations. However, with the
current interim set-up, international drug control agencies and organizations
are hesitant to provide capability building assistance for their anti-drug
operations.

It is high time to institutionalize the support mechanism of the PNP, the NBI
and the BOC to the lead agency, the PDEA.

In view of the foregoing, early passage of this bill is earnestly requested.

i

“Ae

Rufus B.

UUAR
Rédtiguez Maximé B. Rodriguez, Jr.



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

Fifteenth Congress
Third Regular Session

roy
House Bill No. 73

Introduced by Representatives RUFUS B. RODRIGUEZ,
MAXIMO B. RODRIGUEZ, JR. and JEFFREY P. FERRER

AN ACT TO INTENSIFY THE ANTI-DRUG CAMPAIGN OF THE
GOVERNMENT AMENDING FOR THE PURPOSE SECTION 86 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 86 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read
as follows:

“SEC. 86. [Transfer, Absorption, and Integration of All
Operating Units on Illegal Drugs into the PDEA and
Transitory Provisions.] RELATIONSHIP BETWEEN PDEA
AND THE PNP, NBI AND BOC - [The Narcotics Group of
the PNP, the Narcotics Division of the NBI and the Customs
Narcotics Interdiction Unit are hereby abolished; however
they shall continue with the performance of their task as
detail service with the PDEA, subject to screening, until such
time that the organizational structure of the Agency is fully
operational and the number of graduates of the PDEA
Academy is sufficient to do the task themselves: Provided,
That such personnel who are affected shall have the option
of either being integrated into the PDEA or remain with their
original mother agencies and shall, thereafter, be
immediately reassigned to other units therein by the head of
such agencies. Such personne! who are transferred,
absorbed and integrated in the PDEA shall be extended
appointments to positions similar in rank, salary, and other
emoluments and privileges granted to their respective
positions in their original mother agencies]. THE PDEA
SHALL BE THE LEAD AGENCY IN THE ENFORCEMENT
OF THIS ACT, WHILE THE PNP, THE NBI AND THE
BUREAU OF CUSTOMS SHALL CONTINUE TO
CONDUCT ANTI-DRUG OPERATIONS IN SUPPORT OF
PDEA. TOWARD THIS END, THE PNP, NBI AND BOC
SHALL MAINTAIN THEIR RESPECTIVE PERMANENT
AND REGULAR ANTI-ILLEGAL DRUGS UNIT TO
STRENGTHEN THEIR SUPPORT MECHANISM TO PDEA:


ESowmu auaun

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83.
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PROVIDED, THAT SAID AGENCIES SHALL
COORDINATE WITH PDEA PRIOR TO _ THEIR
OPERATIONS AND INFORM THE PDEA OF THEIR ANTI-
DRUG OPERATIONS WITHIN (24) HOURS AFTER THE
TERMINATION OF THE INVESTIGATION AND ACTUAL
CUSTODY OF THE SUSPECTS OR SEIZURE OF ANY
DANGEROUS DRUGS AND CONTROLLED PRECURSOR
AND ESSENTIAL CHEMICALS: PROVIDED, FURTHER,
THAT THE NBI, PNP AND THE BOC SHALL MAINTAIN
CLOSE COORDINATION WITH THE PDEA ON ALL DRUG
RELATED MATTERS.

“The transfer, absorption and integration of the different
offices and units provided for in this Section shall take effect
within eighteen (18) months from the effectivity of this Act:
Provided, That personnel absorbed and on detail service
shall be given until five (5) years to finally decide to join the
PDEA]

“[Nothing in this Act shall mean a diminution of the
investigative powers of the NBI and the PNP on all other
crimes as provided for in their respective organic laws:
Provided, however, That when the investigation being
conducted by the NBI, PNP or any ad hoc anti-drug task
force is found to be a violation of any of the provisions of this
Act, the PDEA shall be the lead agency. The NBI, PNP or
any of the task force shall immediately transfer the same to
the PDEA: Provided, further, That the NBI, PNP and the
Bureau of Customs shall maintain close coordination with
the PDEA on all drug related matters.”]

SEC. 2. Separability Clause. — If any of this Act or part hereof is held
invalid, or unconstitutional, the remainder of the law or the provisions 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,