No Need to Amend The Anti Drugs Law: The Remedy Lies with the Supreme Court

Drugs and Crimes

The House of Representatives has passed a bill amending section 21 of the Comprehensive Dangerous Drugs Act of 2002. This is the proviso on the conduct of physical inventory and photography in anti-drug operations. There are also public officials who support the congressional move.

Is there a need to amend the law? On the ground that this is the reason why drug cases are being dismissed and that law enforcers cannot implement the law?

The wisdom why the crafters of the law from 1998 to 2001, as the law was finally approved and took effect on July 4, 2002, engraved the proviso on the conduct of physical inventory is to prevent the allegations of planting of evidence and “hulidap” (arrest and extortion).

The proviso makes the community aware of an anti-drug operation by being witnesses during the inventory. In fact, it were the judges and prosecutors who complained to the members of the committee on dangerous drugs of the abuse of law enforcers.

Section 21, the conduct of physical inventory in all anti-drug operations is the remedy but not a cure-all from malicious conducts of law enforcers. The reason why drug cases are being dismiss, is because of misinterpretation of judges and prosecutors of the law. There are judges who simply dismiss drug cases on the ground of failure to comply with the section 21, ignoring the important part of the law that says: “Provided, however that non-compliance of these requirements under justifiable grounds shall not render invalid or ineffective the search”.

It is unfair for judges and prosecutors to dismiss drug cases just because the inventory was not witnessed by all those mentioned in the law, such as elected public officials, a member of the media and representative of the Department of Justice.

Is it not also confusing? Why two judges, handling the same circumstance of drug cases, the other acquitting while the other one convicting the accused? This is the reason why there is a need for the Supreme Court to issue a circular for the guidance of the judges in deciding drug cases.

But it is wrong to amend the law, for it will not cure the problem. In fact it will open floodgates of what it stood for: to prevent the previous practice of planting of evidence and extortion.

In 2011, the Integrated Bar of the Philippines Journal published the article written by this writer entitled: “Four Cardinal Principles in Determining Compliance with Prescribed Procedures on the Seizure and Custody of Dangerous Drugs”. The principles should guide our judges on what the law really is.

Another contributor in the dismissal of drug cases, is the fact that there are law enforcers who ignorantly fail to conduct the inventory while others openly defy to follow the law. In urban settings, it is inexcusable for law enforcers to conduct inventories on the ground that there are no cameras and witnesses, like members of the media.

In 2009, the Philippine National Police issued a memorandum that requires police officers in the event of failure to comply with the provision on the conduct of physical inventory, to execute an affidavit justifying failure to comply with section and this will be attached in the complaint. If this will be complied, the prosecutors during the conduct of inquest or preliminary investigation will understand the non-compliance of the law. As long as the integrity and evidential value has not been compromised, the seizure is valid.

There is nothing wrong with the law, but there is something wrong the law enforcers and those who interpret it, our judges and prosecutors. It is unfair that the Anti-Drugs Law, has been the excuse for their wrongdoings.

Image Credit: newsinfo.inquirer.net

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.