A proposed Cebu City ordinance requiring drug surrenderers to render “voluntary community service” is gaining support from the Philippine Drug Enforcement Agency (PDEA-7), and the Dangerous Drugs Board (DDB), although the latter, with caution.
In position papers submitted to the Cebu City Council after their comments were sought, PDEA-7 regional director Yogi Filemon Ruiz said that the agency supports the move of the city council in consonance with government’s policy to provide an effective mechanism for surrendered drug dependents.
For his part, DDB officer-in-charge, lawyer Philip Josef Vera Cruz said that while the board generally supports the ordinance, there was a need to revise section 3 of the draft law which he said, in effect, dispenses with judicial trial for surrenderers.
Under the proposed ordinance authored by Cebu City Councilor Pastor “Jun” Alcover Jr., drug surrenderers referred to the Cebu City Office for Substance Abuse Program (Cosap) will be made to render 40 hours of “voluntary community service” within 6 months.
In his comments, Ruiz requested that PDEA-7 be furnished with a list of all drug surrenderers who volunteered themselves to undergo community service “in order for PDEA-7 to keep track of the future activities of those surrenderers.”
Meanwhile, DDB said that section 3 of the proposed ordinance violates Section 22, Article III of the 1987 Constitution which states that “No ex post facto law or bill of attainder shall be enacted.”
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without a trial.
“Although said Section talks about ‘voluntary’ service, the same states ‘voluntary’ service is ‘required’ to be rendered for 40 hours within the period of six months. The elements of voluntariness is removed when time requirement was included in the provision,” DDB stated.
DDB suggested a revision by letting the drug surrenderers render community service at their own initiative so as not to violate the Constitution.