Law Amending Ra 9165

The results of the study showed that the volume of drug cases increased significantly each year towards the end of the introduction of Republic Act No. 6425 in 2002. However, when RA 9165 was introduced in 2003, a slight decrease in volume was observed, and a significant decrease continued as implementation of RA 9165 continued. Data collected from inmates also highlighted that the big difference between RA 6425 and RA 9165 in terms of money and number of years of sentence is the reason why the difference was made. These results imply that sentencing plays a major role in controlling and reducing crime in society. „Exactly one week after the bloody shooting between PNP and PDEA officers, 118 MPs in the House of Commons voted to pass a bill to amend the Dangerous Drugs Act, amid alarming precedents reflecting a dangerous disregard for human rights safeguards under domestic and international law. This study examined the impact of the volume of drug cases before and after the implementation of Republic Act (RA) 9165, also known as the Dangerous Drugs Act of 2002. The objective of the study was to determine whether RA 9165 differed significantly from RA 6425 in its implementation. Therefore, the study looked at the last 5 years of implementation of RA 6425 and the first 5 years of implementation of RA 9165.

The study used a descriptive survey using a questionnaire checklist given to randomly selected inmates at the Dipolog City Correctional Center. Documented data on the number of drug cases filed at the police station and the number of drug detainees in the municipal prison and reformatory were also used. On March 2, House Bill 7814, which seeks to amend Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, passed Congress by 188 votes to 11, with nine abstentions. One of the provisions of the bill states: „In the absence of evidence to the contrary, every person who protects, harbours, protects or facilitates the escape of the importer or exporter or prevents the arrest, prosecution or conviction of the importer or exporter shall be deemed to have known or intentionally consented to and exercised influence in the illegal import or export. Power or position”, which can only be revoked „upon presentation of proof that the import or export is authorized or valid”. In response to the passage of House Bill 7814 amending the Comprehensive Dangerous Drugs Act of 2002, which pleads guilty until proven guilty, Section Director Butch Olano said, „The country`s law enforcement problem demonstrates the failure of the state to ensure the protection of individuals from crime, whether it is related to drugs or terrorism. The passage of laws that institutionalize disregard for human rights only floods a population already exhausted by the effects of the pandemic. Amnesty International Philippines urges Congress to withdraw HB 7814 and the Senate to firmly reject any proposal that violates fundamental rights guaranteed by the Constitution and enshrined in international human rights law and principles. Adopted on 2nd/3rd reading in one or both chambers „HB 7814 continues to encourage the arbitrary arrest and detention of drug suspects and may facilitate the use of torture and other cruel, inhuman and degrading treatment.

The absence of judicial oversight advocated by law would effectively allow the security forces to commit further human rights violations with increasing impunity. „Like the government`s efforts to combat terrorism, the `war on drugs` has steadily evolved into a measure that limits basic procedural safeguards and other remedies designed to protect innocent people, including those falsely accused or victims of false identities. Given its implications, particularly in the context where thousands and thousands of people have already been killed in the „war on drugs,” this bill is an alarming knee-jerk response to the PNP-PDEA „inadequacy,” which is more about government intelligence gathering and records than the law. Surigao del Norte Rep. Robert Ace Barbers, who chairs the House Committee on Dangerous Drugs, said earlier that the proposed changes could have prevented the shooting incident between Philippine Drug Enforcement Administration (PDEA) and Philippine National Police (PNP) officers on Feb. 24, in which four people died. Arnel M. Cuivillas. Jose Rizal Memorial State University, Philippines Pending before the Committee on Public Order and Dangerous Drugs Consideration of authorization at third and second readings to introduce necessary amendments (Feb. 06, 2019) „Under the bill, individuals who have committed or are alleged to have committed illicit drug-related activities – including importing, financing, protecting or hoarding drugs – will be convicted without due process, in flagrant violation of the principle of the presumption of innocence and fair trial guarantees enshrined in the Philippine Constitution as well as the International Covenant on Civil and Political Rights. Rights (ICCPR), which the Philippines ratified in 1986. The arguments against the bill should have ended with the unifying principle of maintaining due process and the right to equal protection of the law.