Dealing With Dangerous Drugs Cases: A Phenomological Study

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DEALING WITH DANGEROUS DRUGS CASES :

A PHENOMOLOGICAL STUDY

The increasing number of arrested drug traffickers, seizures of big volumes of

dangerous drugs, controlled precursors and essential chemicals and dismantling of

clandestine laboratories since the conception of the Philippine drug enforcement agency

show the extent and impact of the drug abuse and drug trade problem in the Philippines. in

an attempt to put an end to the illegal drug trade, the president repealed the dangerous

drugs act of 1972 or RA 6425.

The comprehensive dangerous drug act of 2002 (R.A. 9165) provides for

stiffer penalties for illegal drug possession and pushing. it imposes capital punishment on

those convicted for selling, trading, trafficking, importing and cultivating dangerous drugs

and their controlled precursors.

The comprehensive Dangerous Drugs act of 2002 or Republic Act No. 9165 is a

consolidation of senate bill no. 1858 and house bill no. 4433. Otherwise known as the

dangerous drugs act of 1972, as amended, and providing funds for its implementation.

under this act, the Dangerous Drugs board (DDB) remains as the policy-making and

strategy-formulating body in planning and formulation of policies and program on drug

prevention and control. it also created the Philippine drug Enforcement Agency (PDEA)

under the office of the president, which serves as the implementing arm of the DBB, shall be

responsible for the efficient and effective law enforcement of all the provisions on

any dangerous drugs, controlled precursors and essential chemicals as provided in this act.

(en.wikipedia.org/wiki/comprehensive_dangerous_drug_act_of_2002. retrieved august 12,

2012)

Republic Act No. 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 therefore, and for other purposes. Stated in Section 2 of this

Act:

It is the policy of the State to safeguard the integrity of its territory and the well-being

of its citizenry particularly the youth, from the harmful effects of dangerous drugs on

their physical and mental well-being, and to defend the same against acts or

omissions detrimental to their development and preservation. (…) Toward this end,

the government shall pursue an intensive and unrelenting campaign against the

trafficking and use of dangerous drugs and other similar substances through an

integrated system of planning, implementation and enforcement of anti-drug abuse

policies, programs, and projects.(…) It is further declared the policy of the State to

provide effective mechanisms or measures to re-integrate into society individuals

who have fallen victims to drug abuse or dangerous drug dependence through

sustainable programs of treatment and rehabilitation. (www.pdea.gov.ph. Retrieved

August 12, 2012)

The Philippine Government regards the menace posed by organized crime as

one of the obstacles in country’s quest for peace and progress. In her July 2002 State of the

Nation Address, Philippine President Gloria Macapagal-Arroyo vowed to “build a strong

republic: by enhancing peace and order, she went on to promise that drugs lords would be

considered enemies of the state.” Following the President’s announcement, National

Security Advisor Roilo Goilez declared the drug menace as “Public Enemy No. 1of the entire

Filipino people.”

Recognizing the need to further strengthen existing laws governing Philippine drug

law enforcement system, President Arroyo signed into law on June 7, 2002 Republic Act

9165 or the Comprehensive Dangerous Drugs Acts of 2002. This law defines more concrete

courses of action for the national anti-drug campaign and imposes heavier penalties to
offenders. It also includes the creation of the Philippine Drug enforcement Agency (PDEA),

patterned after the US Drug Enforcement Agency.

Later on June 18, 2003, the President also issued Executive Order (EO) No. 218 to

strengthen the support mechanism for the PDEA. The president recognized the urgent need

to pursue a forceful, intensive and unrelenting campaign against drug trafficking and the use

of illegal drug whether syndicated or street level. The EO also provides for the creation of a

task force to support PDEA in their campaign against illegal drugs. The following are the

sections stated in this Executive Order:

SECTION 1. Creation of Task Forces. The Office of the President, the PNP and

other agencies which were performing drug law enforcement and prevention

functions prior to the enactment of R.A. No. 9165 shall organize anti-drug task force

to support the PDEA. SECTION 2. Supervision and Support. The PDEA shall

exercise operational supervision and provide technical support to the main task force

created by the PNP. (…) SECTION 3. Funding. Funds for the operation of the task

forces shall be sourced from the mother agencies creating the task force and from

the gross receipts of lotto operations. (…) SECTION 4. Repeal. Executive Order

No.206 dated May 15,2003 is hereby repealed. All orders, rules, regulations and

issuances, or parts thereof, which are inconsistent with this Executive Order are

hereby repealed or modified accordingly. SECTION 5. Effectivity. This Executive

Order shall take effect immediately upon approval. (www.pdea.gov.ph. Retrieved

August 12, 2012)

The aforementioned Republic Act and Executive order have supported the

researchers’ study for better understanding on how the government response to the problem

of illegal drug use and trade through implementations of laws and programs for the

betterment of the Filipino people.

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