Senate Office of the erretary TWENTIETH CONGRESS OF THE 25 AUG 28 A9:36 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY SENATE Senate Bill No. 1303 Introduced by Senator Erwin T. Tulfo AN ACT FURTHER AMENDING SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002", AS AMENDED BY REPUBLIC ACT NO. 10640 EXPLANATORY NOTE For years, the Philippine National Police has increased its reliance on media representatives to act as signatories to the inventory of contraband and other items seized during anti-drug operations. This practice, however, has always been met with resistance by both individual journalists and media groups from all over the country. Under Section 21 (1) of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002 media representatives are required to be signatories in the inventory of confiscated drugs and other drug-related items. Although this provision has since been amended by Republic Act No. 10640, enacted on July 15, 2014, which made media witnesses optional, journalists throughout the country report that law enforcement
units continue requiring them to sign on as witnesses, often as a condition for being allowed to cover anti-drug operations. Media representatives who refuse to participate risk losing access to their sources or being cut off from the usual channels of information. Beyond this obvious coercion and the attempt to control information of vital public interest, the Philippine media groups' opposition to this practice arises from two serious concerns. First, it unnecessarily exposes media representatives to retaliation from crime syndicates. Second, it places them in danger of being prosecuted for perjury or other offenses should irregularities arise in the conduct of anti-drug operations. To end this dangerous and unfair practice, it is imperative to protect media representatives from harm as well as to help ensure that their reporting remains objective and factual by exempting them from being signatories in the inventory of confiscated drugs and other drug-related items. ERWIN T. TULFO
Senate «Office of the Secretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG 28 A9:36 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1303 Introduced by Senator Erwin T. Tulfo AN ACT FURTHER AMENDING SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002", AS AMENDED BY REPUBLIC ACT NO. 10640 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SEC. 1. Section 21 of Republic Act 9165, otherwise known as
the "Comprehensive Dangerous Drugs Act of 2002" as amended by Republic Act 10640, is hereby further amended to read as follows: "SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. - The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
"(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and a representative of the National Prosecution Service OR THE MEDIA] who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally, That noncompliance of these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items."
SEC. 2. Implementing Rules and Regulations. - Within thirty
(30) days from the effectivity of this Act, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose in consultation with the Department of Justice (DOJ) and relevant sectors for the effective implementation of this Act.
SEC. 3. Separability Clause. - If any provision or part hereof is
held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 4. Repealing Clause. - All laws, presidential decrees or
issuances, executive orders, letters of instruction, administrative orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) newspapers of general circulation. Approved,