Senator Sotto wants to strengthen PH's anti-narcotics body, not abolish it

Senate President Vicente Sotto III, on Wednesday, reassured members of the Philippine Drug Enforcement Agency (PDEA) that the proposed reforms in the anti-drug structure will upgrade and strengthen the agency and not abolish it.

Sotto, principal author of the law creating PDEA, said he pushed for the establishment of a centralized anti-narcotics body as early as 1988 when he was a vice mayor to consolidate the fragmented drug enforcement efforts.

He explained that when the predecessor enforcement unit was created under the Dangerous Drugs Board (DDB), structural weaknesses eventually emerged. Over time, enforcement functions became disjointed among various agencies, resulting in overlapping mandates and coordination issues.

He said they upgraded the DDB and placed PDEA as its enforcement arm.

“What happened was those who sat in the PDEA were made into a private army. The original law was that the PDEA would be the anti-narcotics units of the entire country. That was the essence of it. The Director-General took in soldiers. It was a mess,” Sotto said.

Sotto said the DDB and PDEA would be merged into a Presidential Drug Enforcement Authority under the Office of the President under a proposed measure he filed.. The new authority would consolidate enforcement, prosecution oversight, prevention, rehabilitation supervision, and alternative development programs into one centralized body.

“If we want to address the fight against illegal drugs and drug abuse — and those are two different animals — do not rest on what you have now. We must have a better way to address the problem of illegal drugs and drug abuse. We will upgrade (PDEA),” Sotto stressed.  

Sotto recently proposed the creation of the Presidential Drug Enforcement Authority (PRDEA) and to amend Section 21 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 to eradicate illegal drugs and drug abuse in the country.

Section 21 of RA 9165 prescribes the procedures for handling seized dangerous drugs, controlled precursors, and essential chemicals.

The law requires law enforcers to immediately conduct an inventory and photograph of seized items at the place of seizure or at the nearest police station.

The process must be witnessed by the accused or their representative, an elected public official, and a representative from the National Prosecution Service or the media. All witnesses are required to sign the inventory and receive a copy.

“It is high time that we amend Section 21 of RA 9165. Instead of mandating that witnesses must be elected officials or representatives from the Department of Justice (DOJ) or the media in every operation, we can adopt a two-witness rule composed of ordinary citizens residing in the area, or allow the use of body-worn cameras in lieu of witnesses. There is also a need to streamline the marking requirements, especially during in flagrante delicto arrests,” Sotto said.

An "in flagrante delicto" arrest refers to a situation where a person is caught in the act of committing a crime.

Moreover, the Senate President proposed the establishment of the PRDEA that will oversee and assist in the proper filing of drug cases and assignment of lawyers in every precinct to ensure the strict enforcement of the law. He said the PRDEA would also unify enforcement, prosecution, prevention, and rehabilitation under one roof to promote a holistic and effective approach.

“The scales of justice must remain balanced. The effectiveness of enforcement and prosecution must be matched with due process to protect citizens from abuse of authority. It is time for comprehensive reform and a whole-of-government approach to eradicate illegal drugs and drug abuse,” Sotto stressed.

-Paraluman News