Some Provisions of Drugs Law Be Scrapped – Labella

● Labella, a trial lawyer, said some provisions in the Comprehensive Dangerous Drugs Act partly attributes to the increase of drug incidents.

Cebu City Acting Mayor Edgardo Labella said the law requiring police officers to first secure authority from the Philippine Drug Enforcement Agency (PDEA) before they can be allowed to operate against persons involved in illegal drugs — should be scrapped.

Labella said such provision in the Comprehensive Dangerous Drugs Act (Republic Act 9165) partly attributes to the increase of drug incidents, not only in Cebu, but in other parts of the country.

As a trial lawyer, the vice mayor said such provision of the anti-illegal drugs law has become a weapon of the defense counsels.

“That is why in the prosecution of drug cases, that has been made as means now of the defense counsels that if there is no deputization from the PDEA, they will move for the dismissal of the case in courts because of this provision,” said the vice mayor.

Labella said the law granting exclusive authority to PDEA agents to undertake anti-drugs operations should be scrapped.

The policy is that other enforcers can operate against illegal drugs only after they can secure authority from PDEA.

When he appeared before the Cebu City Council last Monday, City Police Director Noli Romana claimed that one of the reasons why the problem on illegal drugs continues to exist is because they cannot conduct drug operations or implement drug-related search warrants without the authorization from PDEA.

The same law also provides that representatives from the Department of Justice, media, and any elected public official shall be required to sign the copies of the inventory of seized drugs after a drug raid.