Former Vice President Jejomar Binay on Friday slammed the proponents of House Bill 7814, who he said were using the template of the Anti-Terror Law (ATL) on the floundering war on drugs.
House Bill 7814, which introduces amendments to Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, aim to reinforce the campaign against illegal drugs by providing for a legal presumption on individuals considered as importers, financiers, protectors, or coddlers of illegal drugs.
“And like the ATL, the authors want us to trust the judgement of law enforcers known for planting evidence, lying to the courts, ignoring standard operating procedures, and disregarding human rights and due process,” said Binay, a human rights lawyer.
Those indiscretions and acts of criminal negligence have been acknowledged recently by the Department of Justice and before the United Nations Commission on Human Rights (UNCHR), he added.
“We all share a concern over the proliferation of illegal drugs. But fighting it should not be at the expense of our basic rights and due process,” the former vice president said.
Other human rights advocates also raised worry over the propose measure, saying it presumes guilt of drug suspects until proven innocent.
Amnesty International said the measure showed a “dangerous disregard for human rights guaranteed under domestic and international law.”
But President Rodrigo Duterte has assured that the proposed amendments to RA 9165 are constitutionally compliant.
Presidential spokesman Harry. Roque said President Duterte would not sign into law any proposed legislative measure that could infringe the 1987 Constitution and the country’s laws.
“As an implementer of the Constitution and laws, the President will make sure that bills awaiting his signature will not violate the Constitution,” he said.
The House of Representatives recently approved the measure on third and final reading.
Anyone spotted in the place where the sale, trading, marketing, dispensation, and delivery or distribution of drugs happen is presumed to be involved in the illegal operation “unless proven otherwise,” according to the proposed measure.
The bill also penalizes negligent lessors whose properties are used as clandestine drug laboratories, unless they can show documents that will exempt them from liabilities.
Under HB 7814, lessors are directed to include in the lease contract a stipulation that the property being leased “will not be used for the illicit manufacture of dangerous drugs and/or controlled precursors and essential chemicals in violation of this act.”