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Tuesday, October 25, 2005
Admin board okayed for drug-related nuisances
THE Baguio City Council approved on third and final reading the proposed ordinance of Councilor Jose Molintas creating an administrative board to hear complaints regarding drug-related nuisances, which may be any place within the city.
Quoting Section 52, Article VII of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002, Molintas said the provision that "any place or premises, which have been used on two or more occasions as the site of unlawful sale or delivery of dangerous drugs maybe declared a public nuisance, which may be abated under certain procedures and expressly authorizes through an ordinance, the creation of an administrative board to hear complaints regarding drug nuisances."
The just-approved ordinance thus states that an administrative board with the city health officer as chairperson, city legal officer and chief of police as members, shall receive and hear complaints regarding drug-related public nuisances and may declare such places according to RA 9165.
A complaint may be filed by any employee, officer or resident of the city to the administrative board after a copy of the complaint shall have been given, not less than three days after, to the owner of the place.
Upon approval of the council, a petition may be filed with the Regional Trial Courts of the city for permanent injunction against any drug-related public nuisance.
An order whose expiration date may be stated thereon may then be immediately issued by the administrative board prohibiting the conduct or operation of any activity on the said area conducive to its being a nuisance. The mayor shall implement the order and assume full responsibility in seeing its compliance.
A hearing may then be conducted wherein evidences regarding the general reputation of the place is presented. The owner shall also be given an opportunity to present his defense. If evidences prove the area to be conducive to being a nuisance, the area may be declared as public nuisance, and the hearing terminated within 10 days only.
Molintas said the move complements and supports the law enforcement agencies implementing the National Anti-Drug Strategy, one of the programs of action of the government and for Baguio City to attain a drug-free status earlier than the target date of 2010.
The ordinance shall take effect once approved.
(October 25, 2005 issue)
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