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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.

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