Presidential Drug Enforcement Authority Act

TWENTIENTH CONGRESS OF THE! REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 A11:06 SENATE S.B. No. 190 Introduced by SENATOR VICENTE C. SOTTO III AN ACT AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 2002, AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT AUTHORITY, AND FOR OTHER PURPOSES EXPLANATORY NOTE The war against illegal drugs and drug abuse in our country failed to adopt a holistic approach to fully eradicate this menace in our society. The authorities focused only on enforcement and prosecution which lead only to significant casualties and dismissal of cases. Prevention and rehabilitation, which are equally important, were not implemented fully by the Department of Education and the Department of Health. The law, as presently formulated, needs retrofitting, so to speak, like any structure or machine in constant use for 23 years now. Supervision of enforcement activities is desirable to map out policies for more effective anti-illegal drugs campaign. The purpose of this measure is to further strengthen our fight against illegal drugs and drug abuse by unifying the four major programs - enforcement, prosecution, prevention and rehabilitation - into a single government agency. Since these four must be in sync, a supervisory agency has to step in to monitor, coordinate and ensure that the concerned government agencies mandated to perform several duties under Republic Act No. 9165 are doing their mandate effectively.

It is the goal of every nation and generation to have peace and order to bring about security, harmony and economic stability. Thus,

Section 5, Article Il of the 1987 Constitution declares one of the

country's principles, to wit: "The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy." All these, so we may achieve a drug-free Philippines for the future generations. There is no best time to cure this social ill than now. I therefore urge my colleagues to support the passage of this important measure. VICENTE C. SOTTO II

TWENTIENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -7 Al1:06 SENATE S.B. No. 190 Introduced by SENATOR VICENTE C. SOTTO III AN ACT AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 2002, AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT AUTHORITY, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

"Presidential Drug Enforcement Authority Act."

SECTION 2. Declaration of Policy. - It is the policy of the State

to maintain peace and order, to protect life, liberty and property and to promote that the general welfare are essential for the enjoyment by all 6 the people of the blessings of democracy. Thus, the State has the duty to ensure that laws relating to peace and order, particularly against illegal drugs being one of the major social problems of the country, are properly, effectively and efficiently executed by the agencies concerned for its implementation.

SECTION 3. The Presidential Drug Enforcement Authority. -

12 The Presidential Drug Enforcement Authority shall primarily be the supervising agency for the proper, more effective and efficient implementation of Republic Act 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002." It shall likewise absorb the policy-making and strategy-formulating functions of the current Dangerous Drugs Board. It shall be under the Office of the President.

The creation of the Presidential Drug Enforcement Authority shall 2 dissolve the existing Philippine Drug Enforcement Agency (PDEA) and 3 the Dangerous Drugs Board (DDB). The existing powers and functions of the PDEA on anti-drug 5 enforcement shall be exercised by the Philippine National Police, 6 through its Anti-Illegal Drugs Special Operation Task Force (AIDSOTF) 7 or such other Narcotics Unit under the PNP; the National Bureau of 8 Investigation, through its Anti-Illegal Drugs Task Force (AIDTF) or such 9 other Narcotics Unit under the NBI; the Bureau of Customs (BOC), 10 through its Customs Task Group/Force in Dangerous Drugs and 11 Controlled Chemicals (CTGFDDCC) or such other Narcotics Unit under 12 the BOC; and the Narcotics Units of the Armed Forces of the 13 Philippines. The current operational units of PDEA shall be absorbed 14 by the Presidential Drug Enforcement Authority, taking into 15 consideration the appropriate Bureau that needs its technical support. The Presidential Drug Enforcement Authority shall be headed by 17 a Secretary, who shall be responsible for the general administration and 18 management of the agency and shall hold office at the pleasure of the 19 President. The Secretary of the Presidential Drug Enforcement 20 Authority shall be appointed by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs and controlled precursor and essential chemical, and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.

SECTION 4. Organization of the Presidential Drug

Enforcement Authority. - The Presidential Drug Enforcement Authority shall have the following Bureaus: 1) Anti-Drug Enforcement; 2) Anti-Drug Prosecution; 3) Anti-Drug Prevention; 4) Anti-Drug Rehabilitation; and

5) Anti-Drug Policy Formulation, Guidelines and Procedures.

SECTION 5. General Powers, Term of Office and

3 Compensation of the Bureau Chief. - Each Bureau shall be headed 4 by a Bureau Chief, with a rank of an Undersecretary, who shall be 5 appointed by the President upon the recommendation of the Secretary, 6 shall hold office at the pleasure of the President and shall receive the which 7 compensation, allowances and other emoluments to 8 Undersecretaries are entitled. He/she shall be responsible for the general administration and management of the assigned Bureau. The incumbent DDB Chairman shall automatically be the Bureau Chief of Anti-Drug Policy Formulation, Guidelines and Procedure; in the same manner that the current General Director of PDEA shall automatically be the Bureau Chief of the Anti-Drug Enforcement Bureau.

SECTION 6. Powers and Duties of the Anti-Drug Enforcement

Bureau. - The Anti-Drug Enforcement Bureau shall be responsible for the supervision of the operations of the Narcotics Units of the PNP, NBI, AFP and the BOC to ensure that the implementation of R.A. 9165 is properly exercised. In order to perform the aforesaid function, the Anti-Drug Enforcement Bureau has the following powers: a) Require regular monthly reports from all the Narcotics Units relative to the status of the implementation of RA 9165 in their respective Units. b) Conduct a periodic assessment or examination of all the personnel of all the Narcotics Unit in order to ascertain that their duties are satisfactorily performed. c) Take such necessary action or step, as prescribed by law, to make a personnel of any Narcotics Unit who fails or neglects his/her function to perform what is incumbent upon him/her.

SECTION 7. Powers and Duties of the Anti-Drug Prosecution

Bureau. - The Anti-Drug Prosecution Bureau shall be responsible for 3 the supervision of the Department of Justice (DOJ) to ensure that its 4 duties prescribed under R.A. 9165 relative to prosecution or filing of illegal drug cases are properly and effectively executed. In order to perform the aforesaid function, the Anti-Drug Prosecution Bureau has the following powers: a) Require regular monthly reports from the DOJ on the status of the prosecution of all pending illegal drug-related cases in the country. b) Conduct a periodic assessment or examination of all the personnel involved in the prosecution of illegal drug cases to ascertain that their duties are satisfactorily performed. c) Take such necessary action or step, as prescribed by law, to make a personnel of DOJ who fails or neglects his/her function relating to prosecution of illegal drugs-related cases to perform what is incumbent upon him/her.

SECTION 8. Powers and Duties of the Anti-Drug Prevention

Bureau. - The Anti-Drug Prevention Bureau shall have supervision over the Department of Education (DepEd), Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA)as regards the effective and proper performance of their duties and responsibilities stated in R.A. 9165 in relation to drug abuse prevention and control in all schools, as well as the Department of Social Welfare and Development (DSWD) as regards special education drug center for out-of-school youth and street children. The Bureau shall likewise exercise supervision over the Department of Labor and Employment (DOLE) on the performance of its function under R.A. 9165 relative to the implementation of drug abuse prevention program in the workplace. In order to perform the aforesaid function, the Anti-Drug Prevention Bureau has the following powers:

a) Require regular monthly reports from the DepEd, CHED, TESDA, DSWD and DOLE regarding the status of the implementation of R.A. 9165 in their respective jurisdictions. b) Conduct a periodic assessment or examination of all the personnel involved in the implementation of R.A. 9165to ascertain that their duties are satisfactorily performed. c) Take such necessary action or step, as prescribed by law, to make a personnel of DepEd, CHED, TESDA, DSWD or DOLE who fails or neglects his/her function to perform what is incumbent upon him/her under R.A. 9165.

SECTION 9. Powers and Duties of the Anti-Drug

Rehabilitation Bureau. - The Anti-Drug Rehabilitation Bureau shall be responsible for the supervision of the Department of Health (DOH) and the DSWD to ensure that its declared duties and responsibilities under R.A. 9165 relative to rehabilitation of drug dependents are 16 properly exercised. The DOH's duty to oversee and monitor the integration, 18 coordination and supervision of all drug rehabilitation, intervention, 19 after-care and follow-up programs, projects and activities as well as the establishment, operations, maintenance and management of privately- owned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the country in coordination with the DSWD and other agencies shall be exercised jointly with the Anti-Drug Rehabilitation Bureau. In order to perform the aforesaid functions, the Anti-Drug Enforcement Bureau has the following powers: a) Require regular monthly reports from the DOH in relation to the status of the implementation of its functions under R.A. 9165; from the different DOH-accredited drug rehabilitation centers all over the country on the general status of drug rehabilitation patients; and from the DSWD as to the status of

the implementation of its duties and responsibilities under R.A. 9165. b) Conduct a periodic assessment or examination of all the personnel involved in the implementation of R.A. 9165 to ascertain that their duties are satisfactorily performed. c) Take such necessary action or step, as prescribed by law, to make a personnel of DOH or DSWD who fails or neglects his/ her function to perform what is incumbent upon him/her under R.A. 9165.

SECTION 10. Powers and Functions of the Anti-Drug Policy

11 Formulation, Guidelines and Procedures Bureau. - The powers and 12 duties of the DDB provided in Section 81 of R.A. 9165 shall be absorbed 13 by the Anti-Drug Policy, Formulation, Guidelines and Procedures Bureau.

SECTION 11. Transfer, Absorption and Integration of All

16 Operating Units of the PDEA and DDB to the Presidential Drug 17 Enforcement Authority. - Upon the effectivity of this Act, the PDEA 18 and DDB shall cease to exist; however they shall continue with the 19 performance of their task as detail service with the Presidential Drug Enforcement Authority, subject to screening, until such time that the organizational structure of Presidential Drug Enforcement Authority is fully operational. Provided, That such personnel who are affected shall have the option of either being integrated into the Presidential Drug 24 Enforcement Authority or transfer to other concerned government agencies and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended and other appointments to positions similar in rank, salary, emoluments and privileges granted to their respective positions in their original agencies.

SECTION 12. PDEA Academy and its Graduates. - Upon the

effectivity of this Act, the PDEA Academy shall cease to accept enrollees. 3 Those students who will be graduating from the Academy after the implementation of this Act shall be given an option to either be employed in any of the Bureaus under the Presidential Drug Enforcement Authority, or work under any of the Narcotics Unit of PNP, 7 NBI, AFP or BOC subject to the employment requirement and policy of 8 the respective Narcotics Units.

SECTION 13. Implementing Rules and Regulations. - The

10 present PDEA, represented by its Director General, as well as the Chair 11 of the DDB, together with the Secretaries of the DOH, DILG, DOJ and 12 DepEd, and in consultation with the CHED, TESDA, DSWD, DOLE, PNP, NBI and all other concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and 15 Regulations that shall be necessary to implement the provisions of this 16 Act.

SECTION 14. Reportorial Requirements. - The Secretary of the

18 Presidential Drug Enforcement Authority and the head of each Bureau shall submit a consolidated annual report to the President of the Philippines, copy furnished the President of the Senate and the Speaker of the House of Representatives, on the statuses of the implementation of this Act and the anti-drug campaign in the country.

SECTION 15. Funding Source. - The funds required for the

implementation of this Act shall be taken from the budget of the PDEA and DDB for the current fiscal year. Thereafter, such amounts as may be necessary to implement this Act shall be included in the annual General Appropriations Act.

SECTION 16. Separability Clause. - If any of provision of this

Act is held invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

SECTION 17. Repealing Clause. - All laws, decrees, orders, and

issuances, or portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.

SECTION 18. Effectivity Clause. - This Act shall take effect

fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,