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Friday, April 26, 2024

‘Duterte has power over narco-list’

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President Rodrigo Duterte is the only one who can clear or remove politicians from the so-called “narco-list.”

This was the clarification by Philippine Drug Enforcement Agency chief Aaron Aquino following reports that three politicians in Ilocos Region were already cleared from any involvement in the illegal drug activities.

Reports showed that the names of Pangasinan Rep. Jesus Celeste, Naguilian Mayor Reynaldo Flores and Bauang Mayor Eulogio Clarence Martin De Guzman III, both in La Union province, were deleted in the President’s list of politicians involved in illegal drugs.

“The report is not true, and that was published also in the newspaper. But there is no truth to that,” said Aquino in an interview with RadyoMan anchored by Ely Saludar.

In related developments:

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• House Majority Leader and Capiz Rep. Fredenil Castro said approval of House Bill 8909 was recalled on third and final reading and would be reverted for second reading approval as soon as it had been cleansed of all death penalty references.  

He said the House was expected to have approved the measure on third and final reading before Congress adjourns on Feb. 8.

Passed on final reading last Monday, HB 8909, which sought to amend Republic Act 9165 or the Dangerous Drug Act of 2002, reimposed the death penalty, this time, providing for the capital punishment for persons found in possession of dangerous drugs during parties, social gatherings and meetings.

• Despite Congress’ withdrawal on the approval of a bill reviving death penalty on convicted drug offenders, the Commission on Human Rights on Thursday vowed to block any attempt to reintroduce it.

Jacqueline Ann de Guia, CHR lawyer-spokesperson, admitted the CHR saw the need to address the sale and use of illegal drugs due to its ill effects to individuals, families and “our communities at large.” 

“Even before, the Commission had expressed its qualified support—mindful of our questions on its means—to the government’s drive to address illegal drugs with the vision of providing a better life to all as a human right,” she said. With Maricel V. Cruz and Rio N. Araja

“However, while House Bill 8909 strengthens Republic Act 9165 or the Comprehensive Dangerous Drugs Act, it largely disregards the fact that the imposition of capital punishment has been suspended since former President and current Speaker of the House Gloria Macapagal Arroyo signed RA 9346 in 2006, which was then celebrated as a triumph of human rights in the Philippines,” she said.

“In this regard, the Commission continues to express its strong opposition to any move that would reintroduce death penalty in the Philippines. Crimes must be punished. But achieving justice is not simply about imposing harsh punishments, but rather ensuring that a responsive penal system is in place,” she added.

Aquino said Celeste, Flores and De Guzman had not been cleared of involvement in the illegal drug activities, adding the three public officials were still under investigation by four agencies. 

“The President has the sole power to clear a narco-politician as recommended by four recommending bodies,” he said.

Aquino said aside from PDEA, the other recommending agencies are National Intelligence Coordinating Agency, Philippine National Police, and the Armed Forces of the Philippines.

He clarified there were no narco-politicians who are delisted in Duterte’s narco-list as the President has cleared no one yet and only the President can initiate the adjudication process and clear those included in the narco-list. 

Earlier reports showed that the Peace and Order Council in Ilocos Region was clearing the names of three politicians of their alleged involvement in the drug trade.

In a resolution, the Council’s Revalidation Sub-Committee stated that “there is no evidence of the target’s involvement in illegal drug activity.”

Authorities are closely monitoring the campaign period for the upcoming May elections to allay fears of circulating drug money from the politicians allegedly involved in drugs and to ensure safe and honest polls. 

“We decided to reconsider final reading approval in order to clarify provisions of the bill that refer to the death penalty.  This will prevent double or multiple interpretations of the death penalty provisions that might mislead Filipinos into believing that death sentence has been restored,” Castro told reporters.

Castro said that even if the bill was passed in its original form, the death penalty provisions would still not be implemented unless Congress passed a law that restores death as capital punishment.

He said the bill would be substituted with another measure that contains no death penalty provision and would be presented for second reading and third reading immediately.’

“In order to be clear, we are going to amend by substitution, erasing all provisions that refer to death penalty.  We have to be categorical that the maximum penalty to be imposed is reclusion perpetua or life imprisonment,” said Castro.

Apparently oblivious that they had restored the death penalty, congressmen recalled Monday final reading approval of House Bill 8909 which proposed amendments to the Comprehensive Dangerous Drugs Act of 2002 that reimposed the capital punishment.

Arroyo was behind the recommitment of HB 8909 to the committee level, thus, invalidating its third and final reading approval on Monday.

Section 13 of the bill penalizes a person found possessing any dangerous drug during a party or a social gathering or meeting attended by two or more individuals with life imprisonment or death.  

A fine of ranging from P5 million to P10 million regardless of the amount of seized narcotics will also be imposed.

HB 8909 proposes to strengthen drug prevention and control by providing legal presumption on those who are considered importer, financier and protector or coddler of illegal drugs. With Maricel V. Cruz and Rio N. Araja

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