PDEA seeks changes in anti-drugs law

MANILA, Philippines—The head of the Philippine Drug Enforcement Agency (PDEA) wants to push amendments to the anti-drug law to do away with impractical demands on law enforcers in the safekeeping of seized evidence following the acquittal of two of the “Alabang boys” due to lapses in the police’s handling of evidence.

PDEA Director General Jose Gutierrez Jr. said he hoped Congress would enact changes to certain provisions of  Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

In particular, he cited Section 21 that provides for the proper “custody and disposition of confiscated, seized, and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals/paraphernalia and/or laboratory equipment.”

In a briefing on Friday, Gutierrez said the PDEA agents find it hard to comply with some of the requirements, including one that obligates them to make an inventory of the seized items or paraphernalia at the crime scene.

“Sometimes you can’t avoid transferring them (to another site) because it is not safe there,” Gutierrez told reporters.

“We’re not saying we want shortcuts. It’s just that we find it difficult to comply with the requirements,” he said.

Another provision he seeks to amend is the requirement that a representative of the justice department  and community or municipal officials be present during drug raids, a provision intended to prevent police from planting evidence and violating human rights.

“What if the operation is done early morning or before dawn? It would be difficult to have those people present,” Gutierrez said.

“I hope the amendments would be pushed in Congress,” he said.

He expressed regret over the decision of a Muntinlupa court acquitting Richard Brodett and Jorge Joseph of drug charges on grounds that procedures in the handling of evidence were violated.

The PDEA arrested the two, as well as the third member of the group, Joseph Tecson, in 2008 for the alleged possession and sale of 60 “ecstasy” tablets.

Brodett and Joseph were arrested in Ayala Alabang subdivision in Muntinlupa, while Tecson was arrested in a separate operation at the Araneta Center in Quezon City and tried separately. Tecson’s trial is ongoing.