Our Barangay Officials are Criminally Liable for Failure to Activate the Barangay Anti Drug Abuse Councils

In 2004, this writer filed a case against the Cebu City Council then headed by Mayor Michael L. Rama for serious neglect of duty. It was filed before the Office of the Ombudsman for the Visayas. It was predicated on the failure of the City Council to enact ordinances as mandated by the Comprehensive Dangerous Drugs Act of 2002 and activate the anti drug abuse council.

When the new city council was elected in the 2004 election held in May, newly elected councilor, Augustus “Jun” Pe activated the Cebu City Anti Drug Abuse Council, with him as Vice Chairman and focal officer assigned by then Mayor Tomas Osmeña.

A year after, the Office of the Ombudsman for the Visayas commenced the hearing of the case by requiring the Vice Mayor and the City Councilors to answer the charges for violation of the Anti Graft and Corrupt Practices Act. Considering that the desired action has been acted upon by the council, this writer moved for the dismissal of the case.

There were mechanisms introduced by the activated city anti drug abuse council, like requiring the barangay officials to submit under oath the BADAC report to the DILG. Years after there were half hearted and more often fake reports by the barangays.

The BADAC is a creation of the DILG by virtue of a memorandum issued by then Secretary Joey Lina in 1998. In 2004, its successor Secretary Puno issued a circular expanding the composition of the BADAC.

Yet up to now, I have not seen a faithful compliance of the law, considering the lack of enforcement on the focal agency which is the DILG. Cebu City has 80 barangays, it is required by law to submit its membership to the DILG as a signal that the BADAC has been convene, on paper this has been complied. But just like any other government bureaucratic practice, this has been complied through fake reports, phantom activities and doctored documents.

This writer has been patient towards our barangay officials even mocking them on drug awareness seminar on what has been the practice of so called fake BADAC activation. There is however a way to awaken the senses of our barangay officials (BADAC reports are concocted usually by barangay secretaries and signed by Barangay Captains) and that is to institute criminal and administrative complaints before the Office of the Ombudsman.

In the next meeting of the Cebu City Anti Drug Abuse Council, after the activities for the Drug Abuse Prevention and Control Week this November 8 to 15, we will be inviting groups like the NEWGAD or the New Generation Against Drug and Corruption and other concerned organizations so we would ask them to monitor and file cases against barangay officials who up to now fail to convene and activate its Barangay Anti Drug Abuse Councils.

Yet, it is true our barangay officials have many duties, but that is not the fault of the law or the citizens, no one forced them to run, they were not appointed, they filed their certificate of candidacy, it is not slavery or forced labor, they campaigned to be elected, and they have to be ready to do its job. If any of these officials complained that they have many responsibilities and cannot do it, then that person is stupid and should have not run for the position.

If our barangay officials are incompetent or cowards for fulfilling its duty in fighting against drugs, they should not have been voted by the people, our lesson therefore is that these kind of officials who refuse and fail to do its job, they should be demanded either to resign or jump over Mactan Bridge.

It is the cowards and lazy government officials that are making the drug syndicates strong. It is these kind of men that we should get rid and erase aside from the drug peddlers.

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.