ABC head, Agnes won’t back shame campaign
The President of the Association of Barangay Councils (ABC) in Lapu-Lapu City is opposing the “shame campaign” being carried out in Barangay Pajo to fight illegal drugs.
ABC President Jose Dungog, the barangay captain of Gun-ob, said he will not endorse the campaign to the ABC but he will also not stop other barangays from adopting it if they want to.
“Personally, against ko ana. It’s his way. We respect him also,” Dungog said, referring to Barangay Pajo Captain Junard “Ahong” Chan.
Chan’s campaign involves spraying a house occupied by drug users with the words, “IDENTIFIED DRUG DEN”.
Dungog, however, believes the same is unconstitutional.
Earlier, Atty. Mundlyn Misal - Martin, the president of the Integrated Bar of the Philippines Cebu City Chapter, said the campaign violates a person’s Constitutional rights.
“Our Constitution says that all persons are innocent until proven guilty. There is always a presumption of innocence that any individual can invoke if accused of a criminal offense. Also, the Constitution prohibits cruel and inhuman punishments. A penalty is degrading if it exposes a person to public humiliation (ie tarred and paraded in towns), in this case, what he is doing is a violation to the Constitution,” she told The FREEMAN.
At the Capitol, Vice Governor Agnes Magpale also said she will not recommend the campaign to barangays in the province. She said she would prefer her constituents to be inclined in rehabilitating drug surrenderers.
“Di ko ganahan ana nga pamaagi. Ako man sad, lain ang ako, kay ang PNP (Philippine National Police), they are doing their best… I’m more inclined to join the rehabilitation process... what else can we do para dili na sila mobalik...” Magpale said.
While disappointed with Dungog’s stand, Chan said he is only thankful that LapuLapu Mayor Paz Radaza and Lapu-Lapu City Police Director Rommel Cabagnot are supporting the campaign.
“Di pud ko kabasol kung mao gyud na iyahang (Dungog) reaction. Siguro wa siya masayod kung unsa amo gibuhat sa among barangay basta, kami, naningkamot mi basi sa mando sa halangdon mayor nga ang city mahimong drug free,” Chan said.
Chan said he will discuss the matter with the ABC so they will understand why they had to resort to the shame campaign.
Cabagnot, for his part, said he wants other barangays to replicate the campaign because it is effective.
“Atoa ni ipadayon kay maayo man kaayo ang feedback sa katawhan. In fact, ang Barangay Pajo, ug ako, sa opisina, daghan kaayo nitawag sa mga tagacommunity nato nga gusto nila sa ilahang barangay masunod pud ang ingon ani. Gahapon (Tuesday), na-storya namo ang CHR, wala man silay reklamo, nalipay gani sila nga nakita nila ang community maoy nagpatabang sa ato para masulbad ning problema sa drugas,” Cabagnot said.
“Wala ma'y violation. Wala man nila nasabtan nga ang tag-iya sa balay niduol sa atoa para tabangan. Siya mismo mao'y gustong magpamarka sa iyahang balay,” he added.
LEGAL
The FREEMAN columnist Atty. Paul Oaminal, former vice chairman of the Dangerous Drugs Board, said that putting up signs, spraying or identifying a house or establishment as a drug den is well within the bounds of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Section 51 of R.A. 9165 on “Abatement of Drug Related Nuisance” provides a legal weapon for local government units to combat areas identified as drug related public nuisance.
“Now that every public official claims to be a drug warrior, the idea has found its time to be implemented. The procedure is simple. The LGUs just have to enact an ordinance creating the ‘Administrative Board for Drug Related Public Nuisance'”.
The law defines a drugrelated public nuisance as “any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs, or used as drug dens for pot sessions and other similar activities, may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedure.”
“Let it be clarified that it was the owner of the compound that asked for the help of the barangay captain, signed a waiver or approval of the spraying of the words 'Identified Drug Den'," Oaminal said.
"The challenge now is for governors, mayors and barangay captains together with its legislative councils to enact the ordinance under Section 52 and 53 of RA 9165. Be an Anti-Drug Warrior, not a whiner and a critic," he said.
He said that in the case of Pajo, the Commission on Human Rights (CHR) may not have the personality to intervene because it was done at a private property. The occupants, too, did not complain and even admitted they are drug users.
SUPPORT
Yesterday, Radaza reiterated her support to the Chan's campaign.
“I really support him sa iyahang initiative kay he really go out of his way nga iyaha gyud gitabangan (iyahang barangay constituents) because I think daghan man siguro ni-reklamo sa iyaha (about sa illegal drugs sa area). Anyway, ang ni-reklamo sa iyaha, ang tag-iya sa balay, so it's just the right thing. Ang tag-iya ra pud sa balay ang nag-ingon niya," Radaza said.
Radaza said the initiative should not be compared to the one initiated by former Manila mayor Alfredo Lim, who started a similar campaign, which was declared “unconstitutional” by the Supreme Court for violating human rights.
Radaza said what happened in Pajo is different because the owner of the house actually consented.
“Tantamount ra na nga naa may approval so sakto ra sad. I think and I feel nga wala may violation. Mas nakaayo man gani kay ang mga tawo mag-pugong na sa ilaha bisyo,” she added.
Like Chan, Radaza said she is willing to speak with the CHR on the campaign.
INITIAL NOD
Chan said he has met CHR-7 chief investigator Leo Villarino last Tuesday and the latter reportedly agrees with his initiative.
“Well, nakauyon siya (Villarino) sa atong gihimo, no, kay duna gyud proseso usa nato gi-implement ang pag-marka sa drug den… duna gyud process nga atoang gisunod. Abi niya, mo-diritso ra ta'g marka nga dili nato pagastoryahon ang nahingtundan so mao na iyahang nasabtan ang tanan,” Chan said.
Chan said he will not stop the campaign until identified drug personalities in the barangay, at least 100 of them, will stop.
“Siguro dili na nato siya buhaton og wala na gyud pud, ug matinud-anon ang mga durogista sa atong barangay. Kung mohimo sila, ato gyud na ibalik ang maong pag-marka,” he said.
Chan is yet to receive an order from CHR to stop the shame campaign.
“Wala ko kadawat ana, pero ang iyahang gisulti, makig-dialogue siya sa amoang barangay council. Atoang ipadayon ang campaign,” Chan said.