Criminal Law

House approves Bill strengthening Drug Prevention and Control Law

Date: 03 February 2019; Type: Legal News; Source: House of Representatives

The House of Representatives approved on second reading House Bill 8909, principally authored by former President and now Speaker Gloria Macapagal-Arroyo, which seeks to strengthen the drug prevention and control campaign of the government by amending Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, as amended.

Among the salient features of the bill is that it provides for a legal presumption of who is considered as the importer, financier, and protector or coddler of illegal drugs.

The bill also provides for an amended definition of drug trafficking which shall be the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, chemical diversion, and possession of any dangerous drug and/or controlled precursor and essential chemical.

Moreover, the measure seeks to penalize exportation from the Philippines of dangerous drugs and/or controlled precursors and essential chemicals. Section 4 of RA 9165, as amended, penalizes only their importation.

It also seeks to penalize negligent lessors of properties used as clandestine laboratories. Lessors of properties shall be required to submit documents to avoid their properties from being used for illegal drug purpose.

The penalty of imprisonment ranging from six years and one day to 12 years , and a fine ranging from P500,000 to P1 million shall be imposed upon the owner or lessor of a building, warehouse, or any property, or in his/her absence the duly authorized representative who leases the property to any person but omits or fails to ascertain, check and confirm that the property is actually used for lawful purpose, and which property is found to have actually been used as clandestine laboratory or used in the manufacture or storage of dangerous drugs, controlled precursors and essential chemicals.

The maximum penalty shall be imposed upon the owner or lessor or his duly authorized representative who has discovered the illegal activity but failed to report the same to proper authorities.

If a property is owned by a third person and the same is used as a den, dive, or resort to commit a violation of the provisions of RA 9165, criminal liability shall extend to the partner, president, director, manager, trustee, estate administrator, or officer of the corporation or partnership who consents to or tolerates such violation.

The bill also seeks to ensure that Filipino professional and non-professional athletes, in any kind of sport, are drug-free, by providing for their mandatory drug testing twice a year. Any athlete found positive for use of dangerous drugs shall be suspended subject to further investigation by appropriate government agencies.

Drug test certificates issued by accredited drug testing centers shall now be valid only up to three months from the original one year period to ensure their reliability.

The Philippine Drug Enforcement Agency (PDEA) shall organize a special unit or office under its intelligence and investigation services to monitor, by the use of electronic device, all activities of any person engaged in importation, exportation, manufacture, plantation, cultivation, selling, pushing, trading, transportation or distribution of illegal drugs or similar substances, and their financiers, protectors or coddlers.

Subject to the provisions of Republic Act No, 4200 entitled “An Act to Prohibit and Penalize Wire tapping and Other Related Violations of the Privacy of Communication, and For Other Purposes”, any information gathered or obtained in the course of valid monitoring, whether before or after the subject person is charged for violation of the Act, may be used in evidence against him.

The Heads of the Philippine National Police (PNP), National Bureau of Investigation (NBI), Bureau of Customs (BOC), Armed Forces of the Philippines (AFP), or other government agencies and local government units (LGUs) performing law enforcement functions or missions shall be authorized to continue placement of their personnel on detail service with the PDEA upon the request of the PDEA Director-General for a period not exceeding five years.

The authorization for detail service from other services shall cease when the PDEA is able to recruit a minimum of 3,000 organic agents.

Hazard pay equivalent to 25 percent of monthly salary shall be granted to officials, agents, investigators and other personnel of the PDEA whose geographical assignment or functional mission expose them to greater danger or risk, subject to accounting and auditing requirements.

Meanwhile, the bill expands the composition of the Dangerous Drugs Board from 17 to 20 members.

The bill was sponsored on the floor by Committee on Dangerous Drugs Chairman Rep. Robert Ace Barbers, who is also an author of the bill. Other authors are Reps. Rozanno Rufino Biazon, Leopoldo Bataoil, Victor Yap. Winston “Winnie” Castelo, Maximo Rodriguez Jr. Peter Unabia, Rodel Batocabe (deceased), Alfredo Garbin, Christopher Co, Christopher V. P. De Venecia, Mariano Michael Velarde, Jose Enrique III, and Joseph Sto. Niño Bernos, among others.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Decision on Minimum Wage Increases due in March

BANGKOK, Feb 13 (NNT) - The final decision on Minimum Wage increases will be made in March, with new rates to vary in accordance with economic conditions in each province.

Read More

INDUSTRY UPDATES

No Violation of Ressa's Civil Rights: DOJ

MANILA, Feb 14 (PNA) - Justice Secretary Menardo Guevarra on Thursday assured full protection of the civil rights of online news website Rappler's publisher Maria Ressa, who was arrested on Wednesday in connection with a cyber libel complaint filed against her and the media firm by a private individual.

Read More

INDUSTRY UPDATES

DOTr inks Deal on Common Station Construction

MANILA, Feb 13 (PNA) - The Department of Transportation (DOTr) on Wednesday signed a contract with a private consortium for the construction of Area A of the Unified Grand Central Station (UGCS) or the common station which is located between SM North Edsa and Trinoma in Quezon City.

Read More

INDUSTRY UPDATES

Men too face Sexual Harassment at Workplace

SUNGAI PETANI, Feb 14 (Bernama) - Men too have been recorded as being victims of sexual harassment at the workplace, said Women, Family and Community Development Deputy Minister, Hannah Yeoh.

Read More

INDUSTRY UPDATES

LHDN launches eProcurement System, Suppliers' Portal

CYBERJAYA, Feb 13 (Bernama) - The Inland Revenue Board (LHDN) has launched the eProcurement (eP) system and the Suppliers’ portal as a continuous effort to improve service delivery to suppliers or tenderers dealing with the agency.

Read More

INDUSTRY UPDATES

Government affirms NCPO Order 2/2019 is Fake

BANGKOK, Feb 11 (NNT) - The Government has affirmed that the circulating NCPO Order 2/2019 is fake.

Read More

INDUSTRY UPDATES

ASEAN Secretariat calls for Nominations for ASEAN Prize 2019

Jakarta(ANTARA News) - Jakarta-based ASEAN Secretariat calls for nominations for the prestigious regional award ASEAN Prize 2019 acknowledging an individual`s or organization`s inspiring and outstanding achievements in fostering the ASEAN identity, promoting ASEAN spirit, and championing ASEAN way.

Read More

INDUSTRY UPDATES

Thousands of Workers march for stronger Labour Laws

Thousands of workers on Sunday marched in downtown Yangon to demand that the country’s labour laws meet International Labour Organisation (ILO) standards.

Read More

INDUSTRY UPDATES

ASEAN NCAP labelling Guideline Compliance to become Compulsory from March 2020

PUTRAJAYA, Feb 12 (Bernama) - Starting March 1 next year, automotive companies selling motor vehicles in Malaysia will be compelled to comply with the ASEAN New Car Assessment Programme (ASEAN NCAP) Labelling Guideline.

Read More

INDUSTRY UPDATES

New Policies, Incentives needed under EAC to spur Investments

KUALA LUMPUR, Feb 12 (Bernama) - New policies and incentives must be formulated to encourage both domestic and foreign private investments for the newly minted Economic Action Council (EAC) to achieve its aim of stimulating sustainable growth.

Read More

INDUSTRY UPDATES

SC Chairman elected Vice Chair of International Organisation of Securities Commission

KUALA LUMPUR, Feb 12 (Bernama) - The Securities Commission Malaysia (SC) chairman Datuk Syed Zaid Albar has been elected vice-chair of the International Organisation of Securities Commissions (IOSCO) Growth and Emerging Markets (GEM) Committee.

Read More

INDUSTRY UPDATES

Economic Action Council formed

PUTRAJAYA, Feb 11 (Bernama) - The Prime Minister’s Office (PMO) today announced the establishment of the Economic Action Council, which is tasked with scrutinising and making decisions regarding economic and financial affairs as well as the people's well-being.

Read More

INDUSTRY UPDATES

NGOs call for Speedy Passage of Information Freedom Law

A group of 19 non-governmental organisations and associations have urged the Kingdom’s legislative and executive bodies to expedite the passage of a draft law on freedom of information, which the group said had been delayed for years.

Read More

INDUSTRY UPDATES

Najib's New Money Laundering Case transferred to High Court

KUALA LUMPUR, Feb 11 (Bernama) - The case of former prime minister Datuk Seri Najib Tun Razak involving three additional charges of money laundering to the tune of RM27 million of SRC International funds will be heard in the High Court.

Read More

INDUSTRY UPDATES

Labor Minister holds event to Promote Health Insurance

CHONBURI, Feb 8, (NNT) - The Ministry of Labour has held an event to promote health among insurance policyholders in Amata City Industrial Estate in Chonburi Province, providing medical check-ups for employees from various companies operating in the estate.

Read More