LAGAL ISSUES PERTINENT TO THE IMPLEMENTATION OF THE WAR ON DRUGS

(Legal Research/Writing: Group 8)

NO. LEGAL ISSUE DISCUSSIONS EFECTS

(specifics laws which are
violated or is in
connection with the
topic)
LAWS VIOLATED PRIOR IMPLEMENTATION
1 In violation of the
Dangerous Drugs Act of
2009 or RA 9165: An Act
Instituting The
Comprehensive
Dangerous Drugs Act Of
2002, Repealing Republic
Act No. 6425, Otherwise
Known As The Dangerous
Drugs Act Of 1972, As
Amended, Providing
Funds Therefor, And For
Other Purposes
(specific sections of such laws and other valuable
information expounding on the legal issue pointed)
Section 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential
Chemicals. - 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)
shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute dispatch in
transit or transport any dangerous drug, including any
and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in
any of such transactions.
(if any, are the results of such legal issues
pointed out)
60% of those in Philippine jails and penal
institutions are incarcerated due to drug
offenses under. As a result of the
substantial increase in arrested and
detained persons due to the drug war,
BJMP (Bureau of Jail Management and
Penology) Jails now reach 544%
congestion rate nationwide
(http://bjmp.gov.ph/datstat.html),
excluding PNP lock up jails and other
detention facilities.

Section 11. Possession of Dangerous Drugs. - 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) shall be imposed upon
any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities,
regardless of the degree of purity thereof:

Section 13. Possession of Dangerous Drugs During

Parties, Social Gatherings or Meetings. Any person
found possessing any dangerous drug during a party, or
at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the
maximum penalties provided for in Section 11 of this
 Act, regardless of the quantity and purity of such
dangerous drugs.

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.
2 Violation of the Republic According to Republic Act 9344 or the Juvenile Justice Increase in number of minors involved in
Act 9344 or the Juvenile and Welfare Act of 2006, a child 15 years of age or drug related cases. To date, curfews for
Justice and Welfare Act of under at the time of the commission of the offense shall minors are implemented to prevent them
2006 be exempt from criminal liability. However, the child from getting involved in the illegal drug
shall be subjected to an intervention program pursuant trades at the streets.
to Section 20 of this Act. A child above fifteen (15) years
but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this
Act."

(http://cnnphilippines.com/news/2016/09/06/pdea-
minors-drug-related-cases.html)
3 Involvement of the family Participation of the Family, Students, Teachers and
in the enforcement of RA School Authorities in the Enforcement of this Act
 9165 or the Section 41. Involvement of the Family. The family
Comprehensive being the basic unit of the Filipino society shall be
Dangerous Drugs Act or primarily responsible for the education and awareness
2002 of the members of the family on the ill effects of
dangerous drugs and close monitoring of family
members who may be susceptible to drug abuse.
LAWS VIOLATED DURING THE IMPLEMENTATION
4 As a result of the Philippine Constitution Violation of the rights of detained persons
substantial increase in Section 19. (1) Excessive fines shall not be imposed, nor
arrested and detained cruel, degrading or inhuman punishment inflicted.
persons due to the drug Neither shall death penalty be imposed, unless, for
war, BJMP excluding PNP compelling reasons involving heinous crimes, the
lock up jails and other Congress hereafter provides for it. Any death penalty
detention facilities. Does already imposed shall be reduced to reclusion
this violate the Bill of perpetua.cralaw
Rights provision on the (2) The employment of physical, psychological, or
prohibition of degrading punishment against any prisoner or detainee
substandard or or the use of substandard or inadequate penal facilities
inadequate penal facilities under subhuman conditions shall be dealt with by law.
under subhuman
conditions? (Sec 19, Art
III, 1987 Philippine
Constitution)
5 As provided in Section 1, Section 1. Rights of accused at trial. In all criminal Violation of persons accused of violating
Rule 115, of the Revised prosecutions, the accused shall be entitled to the the Dangerous Drugs Act
Rules on Criminal following rights:
Procedure
(a) To be presumed innocent until the contrary is
proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the

accusation against him.

(c) To be present and defend in person and by counsel

at every stage of the proceedings, from arraignment to
promulgation of the judgment. The accused may,
however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence is
specifically ordered by the court for purposes of
identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall
 be considered a waiver of his right to be present thereat.
When an accused under custody escapes, he shall be
deemed to have waived his right to be present on all
subsequent trial dates until custody over him is
regained. Upon motion, the accused may be allowed to
defend himself in person when it sufficiently appears to
the court that he can properly protect his rights without
the assistance of counsel.

(d) To testify as a witness in his own behalf but subject

to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.

(e) To be exempt from being compelled to be a witness

against himself.

(f) To confront and cross-examine the witnesses against

him at the trial. Either party may utilize as part of its
evidence the testimony of a witness who is deceased,
out of or can not with due diligence be found in the
Philippines, unavailable, or otherwise unable to testify,
given in another case or proceeding, judicial or
administrative, involving the same parties and subject
matter, the adverse party having the opportunity to
cross-examine him.

(g) To have compulsory process issued to secure the

attendance of witnesses and production of other
evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner

prescribed by law.
6 Article 14 of the The law the UN officials cite is the International The violation of this resulted to:
International Covenant on Covenant on Civil and Political Rights (ICCPR), which is o In response to pressure from the UN,
Civil and Political Rights part of the International Bill of Human Rights. This Duterte has threatened to leave the United
(ICCPR) governs the treaty was written by the United Nations General Nations altogether
rights that a person Assembly and was both signed and ratified by the o US State Department, has begun to
accused of a crime. Philippines. Article 14 of the ICCPR governs the rights retaliate by refusing to follow through with

7 Anti-Torture Act of 2009
or RA 9745
8 Indeed, the 1987
Constitution provides
that No person shall be
deprived of life, liberty or
property without due
process of law, nor shall
any person be denied the
equal protection of the
law.. However, arent the relative, and defense of a stranger. However, one who
Lawmen entitled to their
own self-preservation
when faced by imminent
or actual danger from
deranged drug addicts?
(PNP Operations Manual,
Rule 8; Sec. 11, Revised
Penal Code)
that a person accused of a crime will retain. One of these a sale of assault rifles to the Philippines
rights is to due process, which includes a presumption police force.
of innocence and the right to appeal decisions. The UN
officials assert that Dutertes endorsement of the (https://5clpp.com/2016/11/03/human-
extrajudicial killings bypasses due process. rights-violations-in-dutertes-war-on-
drugs/)
(https://5clpp.com/2016/11/03/human-rights-
violations-in-dutertes-war-on-drugs/)
Apart from being an affront to the dignity of persons By allowing such illegal acts by authorities,
and their loved ones, Shame Campaigns also undermine the ones who should be the first to uphold
the well-being of communities and Philippine society in the law and the last ones to break them, we
general. These acts, categorized as psychological torture contribute to the culture haphazard,
is prohibited by the Anti-Torture Act of 2009 or RA harmful and arbitrary dispensation of
9745. justice. Local Executives should treat drug
dependents with compassion and facilitate
their rehabilitation while ensuring that
those involved in the drug trade are
brought to justice through legitimate
processes.
PNP OPERATIONS MANUAL
RULE 8. USE OF FIREARM DURING POLICE
OPERATIONS
8.1 Use of Firearm When Justified
The use of fi rearm is justified if the offender poses
imminent danger of causing death or injury to the police
officer or other persons. The use of firearm is also
justified under the doctrines of self-defense, defense of a
resorts to self-defense must face a real threat on his life,
and the peril sought to be avoided must be actual,
imminent and real. Unlawful aggression should be
present for self-defense to be considered as a justifying
circumstance.