The Philippine Drug Enforcement Agency (PDEA)
A. Functions
Carry out the provision of the Dangerous Drug act of 2002. The Agency shall served as the implementing arm of the Dangerous Drug Board, and shall be responsible for the efficient and effective law enforcement of all provisions of any dangerous drug and/or controlled precursor and essential chemicals as provided for in the Law. (Sec. 82). The existing Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 is hereby modified and absorbed by the PDEA (Sec. 83, R.A. 9165)
B. Powers and Duties
a.) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby carrying out a national drug campaign program which shall include drug law enforcement, control and prevention campaign with the assistance of concerned government agencies;
b.) Undertake the enforcement of the provision of article II of this Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemicals as provided for in this Act and the provisions of Presidential Decree No. 1619;
c.) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving violation of this Act;
d.) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crime as provided by law and take custody thereof, for this purpose the prosecutors and enforcement agents are authorized to possess firearms, in accordance with the existing laws;
e.) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement agency; if no longer needed for purposes of evidence in court.
f.) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seized or confiscated drugs; thereby hastening its destruction without delay;
g.) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of this Act and in accordance with the pertinent provisions of the Anti-Money Laundering Act of 2002.
h.) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substance, and assist, support and coordinate with other government agencies for the proper and effective prosecution of the same;
i.) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which appear from the packages and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber shops via the internet or cyberspace;
j.) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted;
k.) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in every province, city, municipality and barangay with active and direct participation of all such local government units and non-governmental organizations, including the citizenry, subject to the provisions of previously formulated programs of action against dangerous drugs;
l.) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other government agencies/offices and local government units that will assist in its apprehension of big time drug lords;
m.) Established and maintain close coordination, cooperation and linkages with international drug control and administration agencies and organization and implement the applicable provisions of international conventions and agreement related to dangerous drugs to which the Philippines is a signatory;
n.) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and transmit evidence to the proper court, wherein members of the said unit shall possess suitable and adequate firearms for their protection in connection with the performance of their duties; Provided, That no previous special permit for such possession shall be required;
- o.) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with the Board, about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and information purposes;
p.) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations for the proper implementation of this Act;
q.) Initiate and undertake a national campaign for drug prevention and drug control programs, where it may enlist the assistance of any department, bureau, office, agency, or instrumentality of the government, including government-owned and/or controlled corporations, in the anti-illegal drugs drive, which may include the use of their respective personnel, facilities, and resources for a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers; and
r.) Submit an annual and periodic report to the Board as may be required form time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned.
Note:
There are however certain power and duties of the PDEA enumerated under Section 84 of R.A. 9165 which seems to overlap with the functions of prosecutors such as (1) the preparation for prosecution or the causing of the filing of appropriate criminal cases for violation of the Law; and (2) filing of charges and transmittal of evidence to the proper court and which have to be clarified in the Implementing Rules and Regulation that may be issued by the DDB and the PDEA later.
JURISDICTION OVER DRUG RELATED CASES
The Supreme Court shall designate special court from among the existing Regional Trial Court in each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts designated in each judicial region shall be based in their respective jurisdiction.
The DOJ shall designate special prosecutor to exclusively handle cases involving violations of this Act.
PRELIMINARY INVESTIGATION
OF DANGEROUS DRUG CASES
The preliminary investigation of cases filed under this Act shall be terminated within the period of thirty (30) days from the date of their filing
When the preliminary investigation is conducted by a public prosecutor and probable cause is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case. (Sec. 90)
The Department of Justice shall designate special prosecutors to exclusively handle cases involving violations of the Dangerous Drug Act of 2002 (Sec. 90)
Notwithstanding the provision of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable (Sec. 25)
Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals
Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income; Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived thereform, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodio legis and no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated under this section, forfeiture, custody and maintenance of the property pending disposition, as well as the expense for publication and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.
