HOUSE Bill (HB) 7814, supposedly aimed at giving more teeth to the Comprehensive Dangerous Drugs Act (Republic Act 9165), was approved by the Lower House on March 2, 2021. HB 7814, if it becomes a law, will remove in our statute the presumption of innocence of every person charged with an offense, as well as amend if not disregard the Bill of Rights enshrined in our Fundamental Law since the 1935 to the 1987 Constitution.
HB 7814 provides the legal presumption on who is considered an importer, financier, or protector of illegal drugs. This would mean that those accused of violation of RA 9165 will have to prove themselves innocent instead of the State proving their guilt beyond reasonable doubt, which is the current judicial norm. Well, state prosecutors would have an easy job in the future.
Everyone is agreed that the illegal drugs menace in the country despite the iron clad efforts of President Rodrigo Duterte to wipe it out since the start of his administration in 2016 is increasingly horrendous and unimaginable that for some reasons or another mis-encounter among the law enforcement agencies happened. But I don't suppose the shootout between the policemen and agents of Philippine Drugs Enforcement Agency (PDEA) in Quezon City that resulted in deaths and injuries prodded the congressmen to approve this bill.
This proposed amendment to RA 9165 could be subjected to abuse and misuse not only by the law enforcement agencies but those who have an axe to grind against anyone. Lawyers, who are in active practice and who have clients charged with illegal drugs, have to be cautious because the term "protector of illegal drugs" in this HB 7814 could be misconstrued against them.
Section 1, Article III of the Constitution is so encompassing. "No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws." HB 7814 practically eliminates this provision in the Bill of Rights, which is the refuge of human rights. But I doubt if the Senate will approve this Bill because it runs against the real fiber of the Constitution.
Muntinlupa Representative Ruffy Biazon, who was the primary author of HB 7814, withdrew his name as author and also voted against the approval of this Bill on March 2. Biazon said the "presumption of guilt" in the bill is a contradiction to the right of innocence until proven guilty. He said the controversial provision was not contained in the bill when he filed it sometime in 2019.
The Bill of Rights enshrined in our Constitution should not just be trampled upon just to fill in the gap of the inadequacies of the State's law enforcement agencies in running after the illegal drugs dealers, importers, financiers, or protectors. The provisions of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165) are more than sufficient to equip the PDEA and the police to go after these illegal drugs promotors. The only problem I see is too much politics.
When we talk of protectors of illegal drugs, these are people holding office in government or "mighty people" who have influence on government officials in whatever capacity. But the provision of Section 28 of RA 9165 is explicit against officials and employees in government. "Criminal Liability of Government Officials and Employees. -- The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees." Life imprisonment is the maximum penalty.