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

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo._3907

Introduced by Representative Leopoldo N. Bataoil

EXPLANATORY NOTE

On December 25, 2013, a sting operation in a cock breeding farm in Lipa City, Batangas by

members of the Philippine Drug Enforcement Agency (PDEA) and the Philippine Nationel

Police Anti-[llegal Drugs Special Operations Task Force (PNP-AIDSOTF) led to the arrest of

three people connected with the Sinaloa drug cartel. The said operation found them in possession
of 84 kilograms of methamphetamine hydrochloride, more commonly known as "shabu, along
with two firearms.The Mexican Sinaloa drug cartel has been reputed to be the largest and most

powerful drug trafficking organization in the Western Hemisphere.

How the country was penetrated by the drug cartel still remains under investigation; likewi:

possibility of the Mexicans being linked with similarly notorious Chinese drug syndicates is also
being looked into. Global manufacturing of illegal drugs and its extensive trafficking network

now span the Pacific, connecting Chinese chemical factories, drug cartels in Mexico, and drug

users not only in the Americas but in Asia as well. Authorities involved with anti-illegal drug
operationsdeem the infiltration of the Sinaloa drug cartel as a major leeway for the Philippines

becoming a “narcotic state”.

The enactment of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs
‘Act of 2002, established the Philippine Drug Enforcement Agency as the country’s lead agency
in the enforcement of anti-drug law. Although the PDEA has posted a significant increase in the
number of anti-illegal drug operations, the recent entry of the Sinaloa drug cartel requires the

strengthening of the PDEA, as well as increasing interoperability among the different


organizations concerned in order to effectively counter this menace.

This Act seeks to amend some provisionsof Republic Act No. 91 65in order to push for measures
such as the enhancementof the facility of anti-illegal drug units, improvement of digital
communications, increase in the manpower of PDEA, and the development of a systemic, wide-
scope partnership with the Department of Transportation and Communications (DOTC), the
Bureau of Immigration, and the Bureau of Customs in closely monitoring inbound imports for

possible illegal drugs smuggling and the entry of people involved with illegal drug operations.

Immediate passage of this Bill is earnestly sought.

KEOPOLDO N. BA’

Representative

2nd District, Par


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

SIXTEENTH CONGRESS
First Regular Session

3907

HOUSE BILL Nt

Introduced by Representative Leopoldo N. Bataoil

AN ACT
STRENGTHENING THE PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
AND PROVIDING SUPPLEMENTAL DUTIES THEREOF, AMENDING FOR THE
PURPOSE REPUBLIC ACT 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
Agency (PDEA) Strengthening and Supplemental Duties Act of 2014”.

ct shall be known as the “Philippine Drug Enforcement

"TION 2. Declaration of State Policies - Section 12, Article XII of the 1987
Constitution states that, “The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health, manpower development, and research,

responsive to the country’s health needs and problems”.

SECTION 3. PDEA Supplemental Duties Act- Section 84 of Republic Act 9165 is

hereby amended to read as follows:
“Section 84. Powers and Duties of the PDEA. — The PDEA shall

(a) Implement or cause the efficient and effective implementation of the national drug


control strategy formulated by the Board thereby carrying out a national drug campaign
program which shall include drug law enforcement, control and prevention campaign:

with the assistance of concerned government agenci

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled precursor anc
essential chemical and investigate all violators and other matters involved in the
commission of any crime relative to the use, abuse or trafficking of any dangerous druy
and/or controlled precursor and essential chemical as provided for in this Act and the

provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena ducestecum relative to the conduct of

investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes as provided by law and take custody thereof, for this purpose

firearms, in accordance

the prosecutors and enforcement agents are authorized to pos:

with existing laws;

and

(e) Take charge and have custody of all dangerous drugs and/or controlled precurso
essential chemicals seized, confiscated or surrendered to any national, provincial or local

Jaw enforcement agency, if no longer needed for purposes of evidence in court;

(f) Establish fores
A QUARTERLY EVALUATION AND ENRICHMENT PROGRAM FOR SUCH
OFFICE, in order to facilitate action on seize or confiscated drugs, thereby

laboratories in each PNP office in every province and CONDUCT

hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the

pertinent provisions of the Anti-Money-Laundering Act of 2001;


(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for
Violation of all laws on dangerous drugs, controlled precursors and essential chemicals.
and other similar controlled substances, and assist, support and coordinate with other

government agencies for the proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal
Office, the Bureau of Customs, THE BUREAU OF IMMIGRATION, THE
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AS WELL.
AS LOCAL COMPANIES OPERATING PRIVATE PARCEL AND CARGO
DELIVERIES, inspect all air cargo packages, PERSONAL BELONGINGS OF
FOREIGN NATIONALS ENTERING THE COUNTRY, parcels and mails in the
central post office, which appear from the package and address itself to be a possible
importation of dangerous drugs and/or controlled precursors and essential chemicals,

through on-line or cyber shops via the internet or cyberspace;

(J) CLOSELY COORDINATE WITH THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY OFFICE OF THE DEPARTMENT OF
SCIENCE AND TECHNOLOGY TO INDUCT ANTI-ILLEGAL DRUG UNITS
ON THE EFFECTIVE USE OF DIGITAL COMMUNICATION IN THIE
CONDUCT OF ITS OPERATIONS;

(k) Conduct eradication programs to destroy wild or illegal growth of plants from which

dangerous drugs may be extracted:

() Initiate and undertake the formation of a nationwide organization which shall

coordinate and supervise all activities against drug abuse in every province, city

municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry, subject to

the provisions of previously formulated programs of action against dangerous drugs;

(m) Establish and maintain a national drug intelligence system in cooperation with

INTERNATIONAL AND LOCAL law enforcement agencies, other government


agencies/offices and local government units that will assist in its apprehension of big-
time drug lords, AND LOCALLY-TRADING FOREIGN DRUG SYNDICATES;

(n) Establish and maintain close coordination, cooperation and linkages with international
drug control and administration agencies and organizations, and implement the applicable
provisions of international conventions and agreements related to dangerous drugs to

which the Philippines is a signatory;

(0) Create and maintain an efficient special enforcement unit to conduct an investigation,
file charges and transmit evidence to the proper court, wherein members of the said unit

shall possess suitable and adequate firearms for their protection in connection with the

performance of their duties: Provided, That no previous special permit for such

possession shall be required;

(p) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all dangerous

drugs and/or controlled precursors and essential chemicals which they have attended to

for data and information purposes;

uance of neces

(q) Coordinate with the Board for the facilitation of the sary guidelines,

rules and regulatio

for the proper implementation of this Act;

(®) Initiate and undertake @ national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned and or -controlled
corporations, in the anti-illegal drugs drive, which may include the use of their respective

personnel, facilities, and resources for a more resolute detection and investigation of

drug-related crimes and prosecution of the drug traffickers; and

(8) Submit an annual and periodic reports to the Board as may be required from time +0
time, and perform such other functions as may be authorized or required under existing
laws and as directed by the President himselffherself or as recommended by the


congressional committees concerned.”

SECTION 4. Section 85 of Republic Act 9165 is hereby amended to read as follows:

“Section 85.The PDEA Academy.

Upon the approval of the Board, the PDEA Academy shall be established either in
Baguio or Tagaytay City and in such other places as may be necessary. The PDEA
‘Academy shall be responsible in the recruitment and training of all PDEA agents and
personnel, THE SCREENING AND RECRUITMENT OF PDEA AGENTS SHALL
BE DONE SEMI-ANNUALLY, IN THE PURSUIT OF MANPOWER BUILD-UP
ACROSS ALL ANTI-DRUG UNITS IN THE COUNTRY.

‘The Board shall provide for the qualifications and requirements of its recruits who must
be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate

degree holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after
the termination of the transition period of five (5) years during which all the intelligence
network and standard operating procedures of the PDEA has been set up and

operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director. He/she
shall be appointed by the PDEA Director General.”

SECTION 5. Implementing Rules and Regulations- The Dangerous Drugs Board shall
promulgate the necessary rules and regulations for the implementation of this Act. This shall be

done immediately within 60 days after the enactment of this law.

SECTION 6. Repeating Clause - All laws, decrees, orders, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed and

modified accordingly.