Narco wiretap gets backing from House

MANILA, Philippines - The House of Representatives committee on dangerous drugs has voted to endorse several amendments to Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, to strengthen the administration’s anti-drug campaign.

Surigao del Norte Rep. Robert Ace Barbers, committee chairman, said yesterday the proposed changes include allowing the Philippine Drug Enforcement Agency (PDEA) to wiretap drug dealers, their financiers and protectors or coddlers.

“We want to allow it to improve law enforcers’ capability and effectiveness in gathering intelligence,” he said.

During the two committee hearings on the illegal drug trade inside the New Bilibid Prison (NBP), he said Justice Secretary Vitaliano Aguirre II complained that they could not monitor the mobile phone communications of convicted drug lords because it is against the law.

He added that Aguirre proposed that law enforcers be allowed to wiretap drug convicts and dealers.

Barbers pointed out that if wiretapping was allowed, those involved in the illegal drug trade, including Bilibid inmates, would be careful in their communications, knowing that these could be monitored.

There would be less incentive for Bilibid convicts to pay their guards P1 million for every mobile phone that they smuggle into the supposedly tightly guarded prison, he stressed.

He said another proposal of his committee is to allow the PDEA to coordinate and make confidential report/recommendation to the Anti-Money Laundering Council in order to initiate action for freeze order, seizure and forfeiture or for investigation, inspection or examination of financial transactions of any person found involved in drugs, including their financiers or protectors.

“To help elicit information on drug syndicates, a person charged for any drug-related crime may be given immunity from prosecution or, if convicted, may either be penalized by a minimum imposable penalty or be granted commutation of sentence,” he said.

He said seized or confiscated firearms, explosives or weapons should be allowed to be disposed of even during pendency of the case, for use of the PDEA or other law enforcement agencies.

He added that other proposed changes in the law aim to ensure legitimate conduct of every anti-drug operation and prevent illicit practice of planting of evidence, and mandate all owners-lessors of property to make sure their place is not being used to manufacture illegal drugs. They are also required to report to authorities any sign of illegal activity in their premises.

Barbers said his panel is also endorsing “legal presumptions,” under which drug suspects would be presumed to have committed the offenses they are accused of.

For instance, he said the owner of a property where illegal drugs are found should be presumed to have knowledge of the presence of unlawful substances in his property or the conduct of illicit activities.

“Rules on delay and bungling in the prosecution of drugs cases have been amplified so that an acquittal or dismissal is deemed to have been caused by bungling in the prosecution thereof,” he said.

He added that the proposed amendments were the result of briefings, meetings and consultations his committee had with officials of the PDEA, the Philippine National Police Anti-Illegal Drugs Group, Department of Justice and National Bureau of Investigation.

The changes would be contained in a bill the Barbers panel would soon endorse to the House.