Drug war is the hammer of Comprehensive Dangerous Drugs Act

campaign. “Killing“became a defining quality 14 years later, when Duterte became the country’s 16th President.

Republic Act 9165

In searching for ways and means whereby the drug war can be to return to the core provisions of the enabling act, and study the law and its history. The answer may not lie in writing a new law altogether, but in reinventing or amending the old and existing one.

The law that passed into DU 30’s hands at his inauguration was moribund, and was not being properly implemented. - derstanding and concern about the drug problem plaguing the entire country. He felt that not enough was being done, and that what was missing was toughness and determination by the national leadership.

The Comprehensive Dangerous Drugs Act of 2002 is a consolidation of Senate Bill 1858 and House Bill 4433. It was enacted and passed by the Senate and the House of Representatives on May 30, 2002 and May 29, 2002, respectively. It was signed into law by President Gloria Macapagal-Arroyo in June 2002.

RA 9165 repealed RA 6425, or the Dangerous Drugs Act of 1972. The law mandates the Dangerous Drugs Board (DDB) to be the pol plans and formulates programs on drug prevention and control.

Article 9, Section 77 of the law states that the DDB “shall develop and adopt a comprehensive, inte - tional drug abuse prevention and control strategy. It shall be under

The law also created the Philippine Drug Enforcement Agency ( PDEA) under the Office of the President. It serves as the implementing arm of the DDB; it is responsible for the efficient and effective law enforcement of all the provisions on any dangerous drugs, controlled precursors and essential chemicals as provided in the Act.

Article II of the law enumerated unlawful acts and corresponding penalties:

dangerous drugs; penalty: life of P500,000 to P10,000,000.

administration, dispensation, delivery, distribution of dangerous drugs.

In summary, under RA 9165, those caught importing, selling, manufacturing, and using illegal and imprisoned for at least 12 years or a lifetime, depending on the severity of the crime.

Since the original law was passed at a time when the death penalty was still applicable, it is the maximum punishment imposed by the law. This, however, is now moot, because the death penalty was abolished in 2006.

RA 9165 sounded very tough on paper. In reality, it had no - mentation, according to the principal author of the drugs act in the Senate, Sen. and Majority Leader Vicente Sotto 3rd.

No proper implementation

Sotto says that had the law been implemented properly and consistently, the country’s drug problem would not be as widespread as it is now.

He explained: “The drug problem got worse because the law has not been properly implemented. Starting in 2002 until now, it has - mented every now and then, there are times it would be prioritized, there are times not. Execution is really the problem.”

Previous administrations had each their respective focus. President Duterte’s has changed the picture; his single agenda of problems, and issues.

Foremost among these is the leadership problem plaguing both the DDB and PDEA. The two have been at loggerheads for reasons of politics and bureaucracy. The secretary, while the PDEA Director General is considered an undersecretary. But since it is PDEA that implements the law and does the operations on the ground, Sotto says PDEA tends to reject being under the DDB.

Sotto has told Rappler, the online media website: “There’s a leadership problem. The PDEA and the DDB chairmen are not on good terms. Each of them has a feeling that they are not subservient to the other. So, what happens is that PDEA does not attend DDB meetings regularly. they are at odds. This has been going on for years.”

The intolerable situation is now ripe for correction by President Duterte, who is impatient for action and results in the antidrugs campaign.

Since the drug war started the about whether they will still have their jobs tomorrow.

Time to amend the Drugs Act

New Zealand has amended its Misuse of Drugs Act ( MODA) eight times in order to bring its drug policy up to speed with best practice in the world.

The Philippines should be bold in amending its Dangerous Drugs - effective, humane and rational in bringing harmful drugs under it is their creation and their contribution to drug control.

To fully correct the situation, Congress and the President should

Among the issues they must

1. How did the President transfer drug enforcement from PDEA to the Philippine National Police (PNP), without violating RA 9165? How do they return the responsibility to PDEA?

2. Who is subject to oversight by Congress: PDEA and DDB, which are not doing their duties and responsibilities under the law, or the PNP, which has done most of

problem in the country?

questions, it should have no right to conduct one more committee hearing at taxpayers’ expense.