Cabinet Secretaries Guilty of Serious Neglect of Duty on The Anti-Drug Campaign

The Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165 is entitled as such because its enforcement does not only call upon the law enforcers but to a vast spectrum of the society.

Take for example the role of the Department of Health. It is the focal agency on the treatment and rehabilitation. But have you heard any significant accomplishments of the DOH on the anti drug campaign? Do you know that the single government rehabilitation in Cebu, which is in Argao (the female dorm in Mandaue City at the sanitarium is an extension) was established by the funds of Senator Vicente Sotto III in the 1990s? It used to be the NBI Rehab Center, in 2008 when the law compelled the DOH to take over the drug rehab center. After the Argao rehab has been established no other has been replicated. The rehab in Cebu City (formerly called by many names such as CUREDD, CCTRC, DRACC, was the rehab established by the Philippine National Police, the lot was owned by the Provincial Government and was repossessed and sold by Governor Garcia).

There is a program mandated by law on the Random Drug Testing of our high school and college students. The first and last time it was conducted was in 2009, when Senator Sotto was the Chairman of the Dangerous Drugs Board. The reason why it was not continued is because both the secretaries of DOH and DEPED refuse to shell out funds and allocate it for drug testing.

Secretary Luistro who has no experience in the administration of public schools, as he was President of a university of the very rich has never been heard talk about the country’s drug problem. This should not be a surprise as President Aquino even for once also never spoke about his program on the drug menace. If you have heard him speak, please provide me the details so I could congratulate him and inform the public.

Aside from the fact that the law provides that “Heads, Supervisors and Teachers of Schools for the purpose of enforcing the provisions of Article II of Republic Act 9165, all school heads, supervisors and teachers shall be deemed person in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they area in the school or within the immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors and teachers.” (Section 44, Republic Act 9165).

Such is the gargantuan task of our school teachers, yet no support has been given by the Secretary of Education to them? There is another provision which breaks my heart every time I visit schools and see the sincerity and earnest efforts of teachers to come with a NDEP (National Drug Education Program) Board; they come up with cut out periodicals or photos or any articles on the anti drug campaign.

No funds have been allocated by the Secretary of Education to this important role. Do you know that up to now since Republic Act 9165 took effect on July 4, 2002 no materials have been printed to support the National Drug Education Program?

The remiss and omission of the Secretary of Education together with the Commission on Higher Education is illustrated by the failure to address on what the law requires:

“Section 45. Publication and Distribution of Materials on Dangerous Drugs.- With the assistance of the Board, the Secretary of the Department of Education, the Chairperson of the Commission on Higher Education, and the Director General of the Technical Education and Skills Development Authority shall cause the development, publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents and community.”

The materials that were distributed like the primer on the anti drugs law were produced during the time of Congressman Antonio V. Cuenco and Senator Vicente Sotto III, printed by the Senate and the House of Representatives.

The reason why we are losing the war on drugs, is because our officials are not doing their job. We have to fight drugs in all its front, in the barangays, homes and also in schools, but how could our teachers, our soldiers in the war against drugs in our schools are not being supported by the very Secretary of Education? The failure to act of the Secretary is considered treason. That is betraying the country and is giving aid and comfort to enemy of the state who are the drug syndicates.

About the Author: Clarence Paul V. Oaminal is a lawyer and author of ‘The Textbook on The Comprehensive Dangerous Drugs Act of 2002’. He is the Vice-chairman and Undersecretary of the Dangerous Drugs Board and is the current adviser and presiding officer of Cebu City Anti-Drug Abuse Council. He also hosts the local advocacy program ‘Krimen ug Drugas’ in CCTN Channel 47.