Criminal Law

Duterte gives PDEA Sole Authority to conduct Anti-drug Ops

Date: 11 October 2017; Type: Legal News; Source: Philippine News Agency

MANILA, Oct 11 (PNA) - President Rodrigo Duterte has directed the Philippine National Police (PNP), National Bureau of Investigation (NBI), Armed Forces of the Philippines (AFP), Bureau of Customs (BOC) and all other agencies or ad hoc anti-drug task force to stop conducting anti-illegal drug operations.

According to a memorandum signed by the President on Tuesday, the Philippine Drug Enforcement Agency (PDEA) will henceforth be the sole agency that can conduct anti-illegal drug operations pursuant to RA No. 9165, or the Comprehensive Dangerous Drugs Act of 2002.

Duterte issued the directive “in order to bring order to the operation/campaign against illegal drugs, thus pinpointing precise accountability.”

The memorandum directed the NBI, PNP, AFP, BOC, Philippine Postal Office and all other agencies as well as all ad hoc anti-drug task forces to immediately relay, deliver and bring to the attention of the PDEA all information they received for its appropriate action.

“The PNP, shall at all times, maintain police visibility, as a deterrent to illegal drug activities leaving to the PDEA however the conduct of anti-illegal drug operations as aforestated,” the memo said.

Under Article IX, Section 84 of RA No. 9165, PDEA is mandated, among others, to:

(a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board (Dangerous Drugs Board) thereby carrying out a national drug campaign program which shall include drug law enforcement, control and prevention campaign with the assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided for in this Act and the provisions of Presidential Decree No. 1619;

(c) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crimes as provided by law and take custody thereof, for this purpose the prosecutors and enforcement agents are authorized to possess firearms, in accordance with existing laws;

(d) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which appear from the package and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber shops via the internet or cyberspace.

RA No. 1965 further states that: "Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws:

Provided, however, That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency.

The NBI, PNP or any of the task force shall immediately transfer the same to the PDEA: 
Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.”

Duterte’s directive was issued following allegations of human rights abuses committed by the PNP in the war against drugs.

This will also be the second time that President Duterte ordered the PNP to stop all anti-drug operations nationwide.

On January 30, 2017, Duterte instructed the PNP to dismantle all its anti-illegal drug units and “cleanse its ranks” of corrupt personnel following the kidnap and murder of a South Korean businessman inside Camp Crame.

On February 27, the President allowed the PNP a limited participation in the anti-drug campaign through smaller task forces.

On March 6, the PNP officially relaunched its campaign against drugs dubbed Oplan Double Barrel Alpha Reloaded.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Legal 'Stalwart' Senior Counsel Jeffrey Chan retires after 45 Years

Jeffrey Chan, the longest-serving legal service officer have retired as a principal senior consultant at the Attorney-General's Chambers last week after completing 45 years of service.

Read More

INDUSTRY UPDATES

350 Major Firms to act as Mentors for SMEs under DIP's Campaign

BANGKOK, 11 July 2018 (NNT) - Some 350 major firms have agreed to perform as mentors for Thai SMEs under the Department of Industrial Promotion's (DIP) campaign and to introduce some 20,000 SMEs in international markets.

Read More

INDUSTRY UPDATES

Comelec Lawyers to handle Poll Body’s Defense in VP Recount Case

MANILA, July 12 (PNA) - The law department of the Commission on Elections (Comelec) will take charge of the poll body's defense in the ongoing electoral protest case for the May 2016 vice presidential race at the Presidential Electoral Tribunal (PET).

Read More

INDUSTRY UPDATES

Judges Group endorses Marquez for SC Post

MANILA, July 12 (PNA) - The Philippine Judges Association (PJA) expressed its support for the nomination of Court Administrator Midas Marquez as Supreme Court (SC) Associate Justice.

Read More

INDUSTRY UPDATES

SEC sets up Online Kiosks for Business Registration

MANILA, July 12 (PNA) - The Securities and Exchange Commission (SEC) on Thursday announced the availability of on-line kiosks that allow faster and trouble-free registration of new corporations, partnerships and associations, to enhance ease of doing business in the country.

Read More

INDUSTRY UPDATES

President Jokowi to familiarize Public with PPPh Policy for MSMEs

Jakarta, July 12 (ANTARA News) - President Joko Widodo will disseminate information on a policy in which the Final Income Tax (PPh) for Micro, Small, and Medium Enterprises (MSMEs) is set at 0.5 percent during the 71st National Cooperatives Day 2018.

Read More

INDUSTRY UPDATES

New Chief Justice proposes Panel of Nine Judges in Constitutional Cases

PUTRAJAYA, July 12 (Bernama) - The new Chief Justice, Tan Sri Richard Malanjum, has proposed that court cases involving constitutional issues be heard by a panel of nine judges of the Federal Court including the top four judges.

Read More

INDUSTRY UPDATES

Government to follow Rule of Law in Zakir Naik's Case - Gobind Singh

SHAH ALAM, July 12 (Bernama) - The government will act accordingly and by always applying the 'follow the rule of law' policy in any case and not only with regard to the controversial preacher Dr Zakir Naik, said Communications and Multimedia Minister Gobind Singh Deo.

Read More

INDUSTRY UPDATES

New Chief Justice proposes Balloting Selection of Federal Court Judges Panel

PUTRAJAYA, July 12 (Bernama) - The new Chief Justice, Tan Sri Richard Malanjum, has proposed selection by balloting of the panel of Federal Court judges to hear cases in the Federal Court.

Read More

INDUSTRY UPDATES

ASEAN should relook Policies in Transformative Digital Economy

KUALA LUMPUR, July 12 (Bernama) - ASEAN needs to relook at its various policy initiatives, including trade and investment policies, in response to the transformative digital economy, said CIMB ASEAN Research Institute (CARI).

Read More

INDUSTRY UPDATES

Bank Negara Malaysia maintains OPR at 3.25 per cent

KUALA LUMPUR, July 11 (Bernama) - Bank Negara Malaysia (BNM) has maintained the Overnight Policy Rate (OPR) at 3.25 per cent after the two-day Monetary Policy Committee (MPC) meeting which ended today.

Read More

INDUSTRY UPDATES

Richard Malanjum is the new Chief Justice

Richard Malanjum is the new Chief Justice

Kuala Lumpur, 11 July 2018 (Asean LIP News): Tan Sri Datuk Seri Panglima Richard Malanjum has sworn in as the new Chief Justice of Malaysia. He replaces Tun Md Raus Sharif as the top judge of Malaysia. Richard Malanjum was the Chief Judge of Sabah and Sarawak. He was elevated to the Federal Court in June 2005 and was appointed as the Chief Judge of Sabah and Sarawak in 2006.

Read More

INDUSTRY UPDATES

Pioneer Batch of 24 Lawyers receive Professional Certification in Building and Construction Law

24 lawyers have received professional certification in building and construction law from the Singapore Academy of Law under the ' Specialist Accreditation Scheme'.

Read More

INDUSTRY UPDATES

DOLE warns PLDT: Regularize 7K Workers or face Sanctions

MANILA, July 11 (PNA) - The Department of Labor and Employment (DOLE) warned anew telecommunications firm Philippine Long Distance Telephone Company (PLDT) to comply with its order on the regularization of more than 7,000 workers from its contractors.

Read More

INDUSTRY UPDATES

Four New DOJ Officials named

MANILA, July 11 (PNA) - The Department of Justice (DOJ) on Wednesday confirmed that Malacañang has appointed three new undersecretaries and one assistant secretary to the agency.

Read More