Wednesday, September 05, 2007 Anti-drugs group proposes creation of board By Lizanilla J. Amarga
THE newly installed regional director of the Philippine Drug Enforcement Agency in Northern Mindanao is now proposing that the City Council of Cagayan de Oro create an "administrative board" to decide on drugs-related administrative cases filed against police officers and their cohorts.
Philippine Drugs Enforcement Agency (PDEA) Director Glenn dela Torre suggested the creation of an administrative board that will have jurisdiction on administrative cases that would be filed against police officers and their accomplices involved in drugs-related charges.
"Also, to look into establishments that have been used for two or more times as places for sharing and selling of illegal drugs," he told the city councilors during their regular session.
Dela Torre cited Article VII of Republic Act 9165, which enumerates the participation of local government units (LGUs) in implementing the Comprehensive Dangerous Drugs Act of 2002.
Reports said some police officers are "protectors" of four illegal drugs syndicates operating in this city.
Also, government and privately owned emergency vehicles like the ambulance are now reportedly being used as "carriers" of illegal drugs in and out of the city.
Public nuisance
Dela Torre explained that Section 51 provides that LGUs "shall appropriate a substantial portion of their annual budgets to assist or enhance the enforcement of this act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents."
In Section 52, he quoted how the same act provides for "Abatement of Drug Related Public Nuisances," which involve "any places or premises used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance."
Also, it provides for the procedures to be followed before an establishment can be declared a public nuisance.
This includes how any city or municipality "may, by ordinance, create an administrative board to hear complaints regarding the nuisances."
"Any employee, officer, or resident of the city or municipality may bring a complaint before the board after giving not less than three days written notice of such complaint to the owner of the place or premises at his or her last known address," the Act reads.
The act provides that "the board may consider any evidence, including evidence of the general reputation of the place or premises."
The "owner of the premises shall have an opportunity to present evidence in his or her defense."
After giving all parties the required substantial due process in administrative cases, he said "...the board may declare the place or premises to be a public nuisance."
Whip cracking
Dela Torre also cited Section 53, which speaks of the effects of this administrative board's declaration.
The act provides in this section that "if the board declares a place or premises to be a public nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises conducive to such nuisance."
"An order entered under this section shall expire after one year or at such earlier time as stated in the order. The board may bring a complaint seeking a permanent injunction against any nuisance described under this Section," the Act reads.
Dela Torre said the filing of administrative charges against any public officer under this act does not preclude or "restrict the right of any person to proceed under the Civil Code against any public nuisance."
A violation of RA 9165 is an administrative case, which can proceed against the same individuals in separate civil and criminal cases pending in other tribunals.
Dela Torre vowed that their agency will not hesitate to prosecute any erring public officer.
The illegal drugs czar had apprehended a policeman for taking pictures of a lady's panty during the recently held silent drill at the Pelaez Sports Center where the PDEA office is housed.
