Drilon backs Duterte's order to destroy seized illegal drugs in one week
Drilon welcomes combined efforts by three branches of government to plug the loopholes in the implementation of Section 21 of RA 9165

Senate Minority Leader Franklin M. Drilon welcomed the President's directive for all law enforcement agencies to destroy all confiscated illegal drugs by next week, saying it is about time that the three branches of government plug the loopholes in the implementation of Section 21 of Republic Act 9165 or the Dangerous Drugs Act of 2002.

It was Drilon who authored the provision in the Dangerous Drugs Act of 2002 that mandates the immediate destruction of seized illegal drugs.

"Given what we have seen in the past as disturbing cases of recycling of billions worth of shabu by so-called ninja cops, it is about time that the three branches of government act as one in plugging the loopholes in the implementation of the law" Drilon said in a statement on Tuesday.

Each year, Drilon would question the Philippine Drug Enforcement Agency (PDEA) and the judiciary for failing to immediately destroy confiscated contrabands. His constant criticisms paved the way for the issuance of Office of the Court Administrator (OCA) Circular No. 118-2020 this year, which requires judges to strictly comply with the procedure outlined in Sec. 21 of R.A. 9165. The Circular further advises judges to prioritize seized dangerous drugs amounting to five (5) kilograms or more.

Drilon said RA 9165 is clear and precise as to when seized illegal drugs should be destroyed but the implementing agencies simply disobeyed the law.

"The Comprehensive Dangerous Drugs Act of 2002 strictly mandates that the court should conduct an ocular inspection of confiscated, seized and/or surrendered dangerous drugs and paraphernalia within 72 hours and subsequently within 24 hours, the PDEA should proceed with the destruction of the seized evidence," the former justice secretary explained.

However, the said provision is not being followed with the Philippine Drug Enforcement Agency (PDEA) putting the blame on the failure of the judges to issue the order to destroy them, Drilon noted.

The PDEA admitted that there are still in their possession illegal drugs seized as far back as 2010.

"These inexcusable delays give rise to the cases of recycled seized illegal drugs in the country and undermine the administration's campaign against illegal drugs," Drilon said.

"Indeed, the Courts play a crucial role in the timely destruction of the confiscated dangerous substances, and ultimately in preventing the possible recycling of the illegal substances," Drilon said.

"With the President's directive and the OCA circular that requires judges to strictly comply with the procedure outlined in Sec. 21 of R.A. 9165, we should proceed with the burning of all seized illegal drugs to avoid recycling and diversion," Drilon said.

"I am glad that the three branches of our government have taken notice of this critical issue that has been neglected in the past. With this, the PDEA should refrain from keeping seized illegal drugs as it is a clear violation of the law," he said.

The agency also cannot also cite that they would need the seized contrabands as evidence, he added, saying that only a representative sample is required by law as evidence in court.

Under Section 21 (5) of RA 9165, the "Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board."