The use of children as drug couriers has alarmed the Philippine Drug Enforcement Agency in Central Visayas (PDEA-7).
“We have been receiving reports that children are now being employed to peddle drugs simply because they are immune from criminal prosecution,” said PDEA-7 Director Yogi Filemon Ruiz in an interview yesterday.
He considered the report as disturbing, considering that children are exposed to the illegal trade at a young age.
“This is just so alarming,” he said.
Barangay Sawang Calero Captain Ariel Yburan dropped by the PDEA-7 office on Friday morning to submit the names of 72 drug personalities in the area. The identities and profiles of those in the list were kept confidential pending an investigation conducted by the agency.
Of bigger concern, however, was that Yburan is also set to submit a separate list that contains the names of children who are used as couriers of illegal drugs in the barangay.
“There are several minors who really peddle shabu,” he said.
“Based on our monitoring, not all of these children live in our barangay. There are those who come from Barangays Pasil, Suba and Duljo Fatima,” he added.
Yburan is the fourth village chief who submitted a list of drug personalities in their respective areas.
Other barangay captains who earlier submitted the lists of drug personalities from their villages were from Tisa, Quiot and Lahug.
PDEA-7 continues to gather reports from the different barangays in the province and city of Cebu to find out the approximate number of children who are employed as drug couriers by narcotics syndicates, according to Ruiz.
No turning back
Ruiz vowed to go after minors who are involved in illegal drugs to stop adult drug peddlers from exploiting them as their runners.
“Dili ta mosugot kay tungod minor, pasagdahan na lang. Dakpon gyud na namo sila (We should not allow them to be used as drug couriers simply because they are minors. We will really arrest them),” Ruiz said.
Just last Wednesday, PDEA-7 agents arrested a 14-year-old alleged drug courier in an operation along A. Lopez Street in Barangay Calamba, Cebu City.
Peter (not his real name) allegedly turned over two plastic packs of shabu worth P300,000 to an undercover agent.
Despite a special law that gives minors 15 years old and below immunity from criminal prosecution, Ruiz made good of his promise to file charges against any minor that they arrest.
Charges for violating Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, particularly for selling prohibited drugs, was filed against Peter before the Cebu City Prosecutors’ Office on Thursday.
Test case
The prosecutors’ office has yet to release its resolution on the case filed by PDEA-7.
“We’re waiting for it, but most likely the minor will be indicted,” Ruiz said.
“As far as I can remember, this is the first time we (PDEA-7) arrested a minor (since I assumed as director last July 2016). This shall serve as a test case,” he added.
Based on their investigation, Ruiz said Peter was arrested at least five times in the past for carrying and peddling illegal drugs.
The boy, however, escaped prosecution as mandated under Republic Act (RA) 9344 or the Juvenile Justice and Welfare Act of 2006.
“This time, I will really file charges against him. It’s up to the prosecutor to have him released or not. I just I have to do what I ought to do,” Ruiz said.
“Let this be a warning to minors and to people who use young boys and girls in their illegal drug business. You just can’t get away from your liabilities,” he added.
Under Section 6 of the Juvenile Justice and Welfare Act of 2006, “a child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability.”
The law, authored by Senator Francis Pangilinan, also mandates authorities to release the child to the custody of his or her parents or guardian, or in the absence thereof, the child’s nearest relative.
The local social welfare and development officer shall determine the appropriate programs in consultation with the child and to the person having custody over the child.
Also, the same law states that “a child above 15 years but below eighteen 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment.”
Ruiz said Peter’s father died years ago while the boy’s mother is detained at the Women’s Correction Center in Manila after the latter was convicted of a drug-related case.
PDEA-7 agents hatched an entrapment operation against Peter after they received reports regarding the illegal operations of the boy.
An agent of PDEA-7 transacted with Peter, who agreed to bring packs of shabu along A. Lopez Street in Barangay Calamba, Cebu City, past 3 a.m. on Wednesday. When the deal was consummated, the agents immediately arrested the minor.
Outright dismissal
But human rights lawyer Democrito Barcenas said any case filed against minors will surely not prosper.
“I don’t think there is a need for a test case here. The law is very clear. And I am sure that the prosecutor handling the case will dismiss the charges against the minor,” he told Cebu Daily News.
If PDEA-7 wants to address the problem on minors being used as drug couriers, Barcenas said the agency’s officials should request Congress to amend the law.
“I know these kids are being exploited by criminals especially that they are gullible and poor. As long as there is an existing law that provides children immunity from criminal suits, we have to follow it. They just can’t disregard what the law says,” the veteran lawyer said.
In 2015, police filed charges against a 14-year-old girl who was caught delivering P5.9 million worth of shabu in Barangay Labangon, Cebu City.
But RA 9344 saved her from getting jailed. The prosecutor handling the case dismissed outright the case filed by the police, citing provisions of the Juvenile Justice and Welfare Act of 2006.
Giving minors a chance
Msgr. Esteban Binghay, former episcopal vicar of the Archdiocese of Cebu, said minors should be given the chance to reform themselves.
“I’m really sad because minors who are into illegal drugs do not fully understand what they do. They are just being exploited,” he told Cebu Daily News.
“I understand PDEA’s role to go after those involved in drugs, but I believe children used as drug couriers are still capable of changing themselves. May bukas pa sila. (They still have a future),” he added.
Binghay advised parents to look after their children so they won’t fall victim to drug syndicates.
“Take care of your children because they will soon take care of you. Otherwise, they might think of you as garbage and throw you away. We need to pray for our families, society and for the government,” he said.