Death Penalty for Large-scale Illegal Drug Trafficking

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 A11 50 SENATE RECA S. No. _ Introduced by Senator Ronald "Bato" Dela Rosa AN ACT DEFINING LARGE-SCALE ILLEGAL TRAFFICKING OF DANGEROUS DRUGS, AND CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, IMPOSING THE DEATH PENALTY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9346 ENTITLED "THE ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES" AND FOR OTHER PURPOSES EXPLANATORY NOTE The findings in the World Drug Report 2025 by the United Nations Office on Drugs and Crime released on June 26, 2025 is extremely disturbing. According to the World Drug Report 2025, drug use reached historically high levels. In 2023 alone, 316 million people or more than 6% of the world's population aged 15 to 64 used illegal drugs. This is a staggering increase from 5.2% a decade ago. Of this number, 244 million used cannabis while opioid use has reached 61 million. Amphetamines, cocaine, and ecstasy use all showed an alarming upward trend with 30.7 million, 25 million, and 21 million users, respectively. More troubling in the published report is the 34% surge of illegal production of cocaine or 3,708 tons in just one year. In order to prevent not only the proliferation of illegal drugs and the chaos it brings to our communities, we must directly go after its source. While putting behind bars small time street drug pushers is a step forward in rehabilitating our nation, we must hunt down the syndicates that has enriched themselves by preying upon our poor people.

This proposed legislation classifies large-scale trafficking of illegal drugs as wicked and dangerous. It is the fuel that ignite the commission of other heinous crimes. This bill has become more than a campaign promise or a legal stand, but the realization of our commitment to those families left behind by the victims of crimes involving drugs. It is our continued declaration of war against drugs that has destroyed our country and have caused violence, and national insecurity. This proposed measure seeks to reinstate the capital punishment of death for those who will be found guilty of large-scale trafficking of illegal drugs. We will not distinguish between domestic or foreign offenders. Anyone who is unwise enough to even think of entering into these unlawful acts of illegal drug trafficking or those who continue their brazen operations should face the consequences and feel the full weight of our law. With harsher penalties and a renewed focus on dismantling criminal networks, this legislation aims to decisively reduce the drug supply and confront the regional surge in illicit trafficking before it spins entirely out of control. Let this bill serve as a reminder that we all live in borrowed time from our Creator and what little time we have must be lived fully in goodness towards each other. In light of the foregoing, the approval of this bill is earnestly sought. ROMALO -BATOCOLA ROSA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -7 A11:50 First Regular Session SENATE S. No._ INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA AN ACT DEFINING LARGE-SCALE ILLEGAL TRAFFICKING OF DANGEROUS DRUGS, AND CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, IMPOSING THE DEATH PENALTY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9346 ENTITLED "THE ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES" 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 "Death Penalty for Large-

scale Illegal Drug Trafficking".

Sec. 2. Declaration of Policy. - It is the policy of the State to safeguard the

integrity of its territory and the well-being of its citizenry from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. Toward this end, the State shall pursue an intensive and unrelenting campaign against the trafficking of dangerous drugs and other similar substances through the imposition of the capital punishment.

Sec. 3. Definition of Terms. - As used in this Act, the term:

(a) Culture refers to any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug;

(b) Dangerous Drugs refers to those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of Republic Act No. 9165, as amended; (c) Controlled Precursors and Essential Chemicals refers to those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of Republic Act No. 9165, as amended; (d) Deliverrefers to any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration; (e) Manufacture refers to the production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose; (f) Sell refers to any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration; and (g) Trading refers to transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e- mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or

acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

Sec. 3. Large-Scale Illegal Trafficking. - Large-scale illegal trafficking is

committed by any person who illegally cultivates, cultures, delivers, manufactures, sells, trades, transports, distributes, imports, exports and possesses any dangerous drug and/or controlled precursor and essential chemical involving quantity of not less than one kilo (1kl) or more, unless authorized by law. Any person who commits large- scale illegal trafficking as defined herein shall suffer the penalty of death.

Sec. 4. Cases where death penalty shall not be imposed; Automatic Review of

10 the Death Penalty Cases. - The death penalty shall not be imposed when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is more than seventy (70) years of age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty shall be life imprisonment. In all cases where the death penalty is imposed by the trial court, the records 16 shall be forwarded to the Supreme Court for automatic review and judgment by the 17 Court en banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days from the filing thereof by the stenographic reporter.

Sec. 5. Republic Act No. 8177 entitled, An Act Designating Death by Lethal

Injection as the Method of Carrying Out Capital Punishment, Amending for the Purpose Article 81 of the Revised Penal Code, as amended by Section 24 of Republic Act No. 7659", is hereby revived.

Sec. 6. Implementing Rules. - The Department of Justice, in coordination with

the Department of Health, Bureau of Corrections, the Philippine National Police and the Philippine Drug Enforcement Agency, shall within sixty (60) days from the effectivity of this Act, promulgate the rules to implement the provisions of this Act.

Sec. 7. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 8. Repealing Clause. - Republic Act No. 9346 and Republic Act No. 9165

is hereby amended accordingly in so far as the prohibition of death penalty on crimes as specified herein. Any law, presidential decree or issuance, executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days following its

complete publication in a newspaper of general circulation. Approved,