Republic of the Philippines
House of Representatives:
‘Queson City
17" Congress

1" Regular Session

4017

House Bill

Introduced by HON. BAYANI F. FERNANDO

EXPLANATORY NOTE

In 1997, Marikina City identified several areas within its jurisdiction where the drug trade is prevalent
To combat this threat to public safety and security, the City enacted Ordinance No. 245 which
empowered the LGU to quarantine or cordon off these so-called “drug risk” areas, by strictly monitoring
the entrance and exit points of the area, limiting the access of and conducting searches on persons going,
to and from the area, which severely affected the drug trade within said locality. In time, the ordinary
citizens became empowered enough to report to the authorities the drug users, peddlers and suppliers
within their respective communities, which led to the eventual decline and eradication of the drug trade
in Marikina. This measure proposes to replicate the concept of Marikina Ordinance No. 245 Series of
1997 throughout the whole country.

The Local Government Code of 1991 grants to the City or Municipal Council the power to enact
‘ordinances to prevent, suppress and impose appropriate penalties for drug dens, drug pushing and drug
addiction,

In line with the thrust of the Duterte administration, which is to seek solutions to minimize if not
completely eradicate the proliferate use, sale, distribution and manufacture of illegal drugs in the
country, this measure proposes one such method involving the local government unit working hand in
hand with law enforcement authorities to curb the aforementioned problem and to take the war against
drugs to the grassroots level,

This proposed measure seeks to curtail the movement of drug users, pushers and manufact
drug risk area as identified by the law enforcement authorities, the pronouncement of which is ratified
by the City or Municipal Council. If implemented nationally, it serves as a pre-emptive strike against
the drug “business” in their own area of operations by making life uncomfortable for the users, sellers,
distributors or manufacturers of illegal drugs due to the daily monitoring of their movements.

In fact, in an opinion dated January 28, 2000, the Commission on Human Rights considered Ordinance
No. 245 upon which this measure is based, as a tolerable exercise of police power and if properly
enforced, may not adversely affect the rights of individuals to travel

Everybody/nust io their part in this war against illegal drugs, thus, the passage of this measure is

» FERNANDO


17" Congress

1° Regular Session

4017

House Bill

Introduced by HON. BAYANI F. FERNANDO

AN ACT EMPOWERING THE CITY OR MUNICIPAL COUNCIL TO
DECLARE CERTAIN AREAS IN THEIR LOCALITY AS DRUG RISK
AREAS AND REGULATING ENTRY THERETO

Section 1. Short Title. — This Act shall be known as the Illegal Drug Quarantine Act of 2016.
Section 2. Definition of Terms:

(a) Transient —an individual who is passing through or in place in a declared drug risk area
with only a brief stay or sojourn; a non-resident of the area. The term shall also include
an individual who intends to stay briefly in the area, either to visit for a few hours or
sleep temporarily for several nights.

(b) Resident — any individual who has established his domicile within the area for a
minimum period of 1 year, with the intention to permanently stay or return there

(c) Drug Risk Area ~ places where the drug trade is prevalent; places where the presence
of drug users, pushers, distributors of prohibited drugs are commonly known as
identified by the proper law enforcement authorities.

Section 3, Once Drug Risk Areas have been specifically identified by law enforcement
authorities, such as but not limited to the Philippine National Police, the Philippine Drug
Enforcement Authority and the Dangerous Drugs Board, the City or Municipal Council,
through a resolution, shall declare said areas as drug risk areas and authorize the LGU’s Office
of Public Safety and Security (OPSS) or its equivalent office to fence off the area, post signs
at entrances to aforementioned areas warning that the place is a drug risk area, that all persons
entering will be subject to inspection and questioning to ascertain their purpose in the area, The
signs posted shall be of sufficient size and appearance so as to be immediately cognizable by
any person entering the drug risk area.

Section 4. The Office of Public Safety and Security (OPPS), barangay officials and barangay
tanods are hereby deputized to inspect and question all persons entering said drug risk area to
ascertain the purpose of the visit to the area and shall not allow entry without the permit or
authority from the Barangay Captain.


Section 5. It shall be the duty of the OPSS officer, barangay official or tanod to enter into a log
the names of all persons entering or leaving the quarantined area, stating their purpose or nature
of business in the area, the person to visit and his or her address for the purpose of monitoring
activities of persons in the area.

Section 6. The OPSS shall keep and maintain a record of all persons, other than residents of
the drug risk areas, seen or observed as frequenting any particular place or residence of any
person in the drug risk area, and shall provide such information to the local law enforcement
authorities at a regular basis.

Section 7. Implementing Rules and Regulations. ¢ Department of Interior and Local
Government shall formulate and issue appropriate implementing rules and regulations
necessary within 90 days after the passage of this Act for the efficient and effective
implementation of all provisions of this Act.

Section 8. Repealing Clause. ~ All laws, decrees, executive orders, memorandum circulars
inconsistent with the provisions of this Act are hereby amended, repealed or modified
accordingly.

Section 9, Effectivity. — This act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved