Zafra’s lone ordinance waiting for Tomas’ nod

All establishments or structures used twice or more as a site of any unlawful sale or delivery of illegal drugs in Cebu City may soon be declared as public nuisance.

This, as the City Council passed the first and only ordinance authored by outgoing Association of Barangay Councils President Phillip Zafra.

“This is my first and last ordinance. I hope this will be approved because this would give teeth to the existing Republic Act 9165 (Comprehensive Dangerous Drugs Ac of 2002),” he told The FREEMAN.

Cebu City Mayor Tomas Osmeña has yet to affix his signature before the ordinance will be implemented.

In the measure, a City Dangerous Drugs Administrative Board is created that is tasked to hear complaints regarding public nuisances and to further implement the provisions of Republic Act (RA) 9165.

The board will be the one to scrutinize and investigate the complaint that will be submitted to the dangerous drugs board related to public nuisances.

After a series of hearings, the board will declare whether or not the subject area or establishment is a public nuisance.

Zafra said the city has the authority to declare as a public nuisance any place or premises used for two or more occasions as the site of unlawful sale or delivery of dangerous drugs under Section 52 of R.A. 9165.

Once the board declares the area as a public nuisance, the city would prohibit the operation or maintenance of any business or activity in the said area.

The declaration as a public nuisance shall expire after one year or at such earlier time as stated in the order of the board.

“If warranted, the Board may bring a complaint seeking a permanent injunction against any nuisance described under this ordinance in relation to Section 52 of RA 9165,” read a portion of the ordinance.

Proposed members of the board are the city mayor or his/her representative; the ABC president; the city council’s public order and safety committee chairman; Cebu City Police Office director; Philippine Drug Enforcement Agency Director; Cebu City health Officer; Cebu City Legal Officer; a representative from the academe; and a representative from the religious sector.

The board will accept any complaint from the government employee or resident of the city against any person or entity suspected to have operated drug dens and the like.

Zafra said due process will be accorded since there will be hearings, sending out of notices, and further investigation on the complaint.

The proposed penalties against violators would range from a fine of not less than P5,000 or imprisonment of six months to one year.

Section 3 of the ordinance cites the unlawful acts such as; a) use, occupy, or permit any other person to use or occupy the premises in violation of an order issued by the administrative board; b) mutilate, alter, or remove a posted order of the board; c) violate any provision of an order issued by the board.

The ordinance also stipulated that the city should appropriate at least P500,000 annually for the implementation of the ordinance. —

Jean Marvette A. Demecillo/GAN