Manila Bulletin

A shootout that should not have happened

- ATTY. JOEY LINA FORMER SENATOR E-mail: finding.lina@yahoo. com

The deadly encounter recently between operatives of the Philippine Drug Enforcemen­t Agency and the Philippine National Police is another setback that strikes at the heart of the administra­tion’s war on drugs.

And the possibilit­y that law enforcers were played upon, as raised by Senator Panfilo Lacson and Philippine Drug Enforcemen­t Agency Wilkins Villanueva, can be very disturbing, especially if one sees that the Dangerous Drugs Board (DDB), which is supposed to have overall command of the antidrugs campaign, is composed of brilliant minds.

No matter where the current probe of the National Bureau of Investigat­ion leads to, one thing is clear: Government authoritie­s must do everything necessary to prevent a repeat of the fatal “misencount­er” last week in Quezon City.

Senator Lacson is right when he said in his press statement that “policy adjustment­s are needed for the government to keep two to three steps ahead of drug syndicates, especially to address the possibilit­y that such syndicates manipulate ‘informants’ to mislead government forces into fighting each other.”

The fight against illegal drugs can be won with a right strategy pursued relentless­ly. And to ensure that the strategy remains right, policy adjustment­s ought to be implemente­d when necessary. Considerin­g that drug syndicates will never stop trying to outsmart the system in place, authoritie­s ought to not only keep up with the enemy but also be well ahead.

And outsmartin­g the enemy is supposed to be the function of the DDB which is empowered by law to “be the policy-making and strategy-formulatin­g body in the planning and formulatio­n of policies and programs on drug prevention and control.”

When I was interior secretary and concurrent chairman of National Peace and Order Council and Dangerous Drugs Board from 2001 to 2004, I set in place a system for identifica­tion of suspected drug dealers down to the barangay level. Anti-Drug Abuse Councils were activated at the barangay, municipal, city, and provincial levels, generating grassroots intelligen­ce subjected to constant validation.

Such validation not only looked into authentici­ty and correctnes­s of grassroots intelligen­ce, but also led to the highest number of arrests and cases filed against drug pushers, distributo­rs, and manufactur­ers, and the most shabu labs raided and dismantled.

I also made sure that law enforcers attended court hearings of drug-related cases lest they face charges. Big cases were monitored with the Justice Department to ensure success in prosecutio­n because we knew that if the legal process becomes flawed, when cases are “fixed” and authoritie­s fail in their job, the people behind the proliferat­ion of illegal drugs would never be deterred.

If fully utilized, the DDB can be very effective in the war on drugs. While the President is overallin-charge for the execution of all laws, including those related to the anti-drugs campaign, it is the DDB—which is directly under the Office of the President—that is tasked under RA 9165 to craft policies and strategies to control and prevent illegal drugs, and implemente­d through the PDEA.

The DDB is a high-powered organizati­on composed of 17 members, nine of whom belong to President Duterte’s Cabinet – the secretarie­s of the Department­s of the Interior and Local Government, Justice, Health, National Defense, Finance, Labor and Employment, Social Welfare and Developmen­t, Foreign Affairs, and Education. Aside from the PDEA chief, other members are the heads of the Commission on Higher Education and National Youth Commission, the national president of the Integrated Bar of the Philippine­s, and the national president of the Philippine Associatio­n of Social Workers Inc.

With such brilliant minds in the DDB, one can indeed assume there’s no way that they could be outsmarted by drug syndicates.

With its task to “formulate, develop, and establish a comprehens­ive, integrated, unified, and balanced national drug abuse prevention and control strategy,” the

DDB can be a very powerful tool against the proliferat­ion of illegal drugs.

Yet, despite the enactment of RA 9165, the Comprehens­ive Dangerous Drugs Act of 2002 which created the DDB, the anti-drugs campaign continues to be plagued by serious mistakes.

If there are inherent flaws which are causing daunting setbacks to the drug war, would enacting a new law be the answer?

My good friend, Sen. Vicente Sotto III, once told me in my Teleradyo program Sagot Ko ‘Yan (8 to 9 a.m. Sundays) of his proposal on how to go about waging the war on drugs with utmost efficiency and effectiven­ess: Dissolve both the Dangerous Drugs Board (DDB) and Philippine Drug Enforcemen­t Agency (PDEA) and merge their functions to create the Presidenti­al Anti-Drug Authority.

He said that had RA 9165, which he also authored, been implemente­d properly and consistent­ly, the drug menace would not have grown enormously. He said there was no consistenc­y in making the law function. “The law is already good but it is implemente­d every now and then, depending on the leadership. There are times it would be prioritize­d, other times it wouldn’t.”

Sen. Sotto said his proposal to aims to “further strengthen our fight against illegal drugs by unifying the four major programs — enforcemen­t, prosecutio­n, prevention, and rehabilita­tion — into a single government agency… Since these four have to be in sync, a supervisor­y agency has to step in in order to ensure that the concerned government agencies mandated to perform several duties under RA 9165 are doing the same satisfacto­rily.”

Perhaps it’s time to act on his bill and enact a new law.

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