TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 15 All :27 First Regular Session SENATE RECEIV D 5, S. No. . Introduced by Senator Robinhood Padilla AN ACT AMENDING SECTIONS 27 AND 28 OF REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS AMENDED, THEREBY IMPOSING THE DEATH PENALTY WHEN THE OFFENSE IS COMMITTED BY AN OFFICER OR MEMBER OF THE ARMED FORCES OF THE PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER UNIFORMED OR LAW ENFORCEMENT AGENCY, OR AN ELECTIVE OFFICIAL, AND FOR OTHER PURPOSES EXPLANATORY NOTE The fundamental law of the land provides that Congress, in the exercise of its legislative powers, may reimpose the death penalty for crimes that are considered "heinous for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society." The reported prevalence of the illegal drug problem has persisted through the years, shedding light on the pronouncement of then President Rodrigo Roa-Duterte in 2016 that the country has turned into a "narco-state". It has since become the worst crisis the Duterte Administration has to address. This menace has spread through and through. In fact, in just the first two weeks of 2023, about P70 million worth of illegal drugs were seized. Early this year, the Philippine National Police (PNP) called for the top officials of the institution to purge its ranks of ties to the illicit drug trade. Hundreds of police generals and colonels
have since voluntarily vacated their posts following this radical approach to cleanse the police ranks. The alarming surge of illegal drug cases involving our law enforcers and public officials has brought our nation into a state of insecurity. It spoils the reputation of the public institutions mandated to "serve and protect" and to be the "protector of the people." Thus, the seriousness of the drug problem has reached the very core of our law enforcement. It is the duty of the government to guarantee the safety of the people, and hence, protect society from the ills of illegal drugs. The present law has demonstrated its futility to deter offenses relating to drugs. Our law's leniency has brought us to this sorry state of affairs where law enforcers are now unafraid to be involved in illegal drugs. The situation is dire which requires our government to respond with a staunch and decisive measure: the law must be changed. It is an incontrovertible truth that the illegal drug trade and prevalence become so entrenched and systematic that its rot sets in the very core of our public institutions. To reinstate the rule of law and rebuild the trust of the Filipino people, we must reimpose the death penalty as a strong deterrent to grave offenders from the Armed Forces of the Philippines, the Philippine National Police, any uniformed or law enforcement agency, or an elective official who are entrusted with the public power by the people. In view of the foregoing, the passage of this bill is earnestly sought. ROBINHOOD PADILLA Senator
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 15 All :27 First Regular Session ) SENATE RECENTO 6' S. No. _ Introduced by Senator Robinhood Padilla AN ACT AMENDING SECTIONS 27 AND 28 OF REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS AMENDED, THEREBY IMPOSING THE DEATH PENALTY WHEN THE OFFENSE IS COMMITTED BY AN OFFICER OR MEMBER OF THE ARMED FORCES OF THE PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER UNIFORMED OR LAW ENFORCEMENT AGENCY, OR AN ELECTIVE OFFICIAL, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 27 of Republic Act No. 9165 otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002," as amended, is hereby amended to read as follows: "Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any
public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals. Instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act I-]: PROVIDED, THAT, THE DEATH PENALTY SHALL BE IMPOSED WHEN THE OFFENDER IS AN OFFICER OR MEMBER OF THE ARMED FORCES OF THE PHILIPPINES, PHILIPPINE NATIONAL POLICE OR ANY OTHER UNIFORMED OR LAW ENFORCEMENT AGENCY. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed In this Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall SUFFER THE PENALTY OF DEATH WITHOUT PREJUDICE TO [be removed] REMOVAL from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries. Including government-owned or -controlled corporations.
Sec. 2. Declaration of Heinous Crime and Imposition of Death Penalty. - It is
hereby declared as a heinous crime when the offense is committed by an officer or member of the Armed Forces of the Philippines, Philippine National Police or other law enforcement agencies as provided by Section 27.
Sec. 3. Suspension of the execution of the death sentence. - The death
sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, or upon any person over seventy (70) years of age. In this last
case, the death sentence shall be commuted to forty (40) years Imprisonment with the accessory penalties provided under the Revised Penal Code.
Sec. 4. Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect. Sed. 5. Repealing Clause. - All laws, decrees, orders, issuances, and rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,