Pubdate: Wed, 28 Jul 2004 Source: Today (Philippines) Copyright: 2004 Today Contact: http://www.today.net.ph/ Details: http://www.mapinc.org/media/3458 Author: Dan Mariano, Today Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) SPECTER OF DRUGS Last March the U.S. government tagged the Philippines as a major source and transshipment point of narcotics, particularly crystal methamphetamine, locally known as shabu. A report issued by the State Department said that local production of the drug, also known as "ice" and "meth," was much bigger than the known demand for it in the Philippines. The conclusion, therefore, was that the surplus output was being exported overseas, notably to the United States. Other recipients of the drugs made in the Philippines, with raw materials sourced from China, include Japan, South Korea, Guam and Saipan, the State Department reported. Meanwhile, the Philippine National Police has pegged the annual value of illegal drug production and trafficking in the country at P250 billion. So huge has the local drug problem become that the United Nations has even given the Philippines the dubious honor of ranking it third, after China and Myanmar, on a list of Asian countries with the biggest narcotrafficking "industries." All these ominous signals must have made President Arroyo consider naming Deputy Director General Edgardo Aglipay as PNP chief to replace Director General Hermogenes Ebdane, who is reportedly being considered as executive director of the National Security Council. Since his appointment as chief of the Anti-Illegal Drugs Special Operations Task Force in June last year, Aglipay has turned in a performance that apparently impressed Malacanang. If he is named the country's top cop, the President would be sending the signal that she expects the entire PNP to train its sights on the drug problem. Similarly impressed with Aglipay's performance is executive director Jose Calida of the Dangerous Drugs Board. Certain quarters have questioned Aglipay's eligibility, pointing out that he is due to retire from the service in September. Not Calida. A justice undersecretary before he was moved to the DDB, Calida pointed out that the PNP Reform Act of 1998 specifically exempts the position of PNP chief from a provision that prohibits the appointment of officials due for retirement. "As pointed out by my [Ateneo College of Law] professor Fr. Joaquin Bernas, it is the President's prerogative to appoint as PNP chief an officer in whom she has full trust and confidence," Calida said during a recent media forum. "It seems to me, therefore, that the appointing authority has the discretion of choosing one to be Chief PNP even if the person is close to retirement age if she thinks he is the best person for the job," wrote Bernas in his July 21 column in Today. "Moreover, such person may be allowed to serve beyond retirement age in order to complete one tour of duty." If Aglipay does get named PNP chief, he would have his work cut out for him. He acknowledged as much in the same media forum when he said that one percent of the country's 120,000-strong police force are either drug users, protectors of drug syndicates or both. Other sources indicate that the number of police officers involved in narcotrafficking is significantly higher than the 1,200 figure quoted by Aglipay. He did say, however, that 302 of these rogue cops have already been arrested, suspended and undergoing criminal prosecution.These complaints are among the over 67,000 drug-related cases the authorities have filed from 2001 until last May. Many of these cases are pending, said Calida, who also admitted he had no idea how many of these complaints have resulted in convictions. Which brings us to another disturbing aspect of the drug problem. No matter how many pushers and drug lords the police round up, their incarceration is not certainty due to what the authorities insist are infirmities in the law. Even the State Department report on the drug problem in the Philippines released last March noted that law enforcers are restrained by "several procedures," preventing them from carrying out their mission effectively. "Major evidentiary and procedural obstacles exist in the Philippines in building effective narcotics cases," the State Department report said. "Restrictions on the gathering of evidence hinder narcotics investigations and prosecutions. Philippine laws regarding electronic surveillance and bank secrecy regulations constrain prosecutors' ability to build narcotics cases." Calida echoed the same sentiment when he proposed a couple of amendments to Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2001. The DDB official said that in almost all the clandestine shabu laboratories that the authorities have detected and raided, the owners of the houses and warehouses where the drugs were being made claimed they were unaware of what was going on within their property. "One of our proposals takes its cue from the Anti-Money Laundering Act, which invokes the so-called know-your-customer rule," Calida explained. The antidrugs law should be revised to make legally liable the owners of houses, warehouses and other structures where the production, storage and trafficking of drugs are found to be taking place. "Lessors must exercise their visitorial rights," Calida said. "And when they suspect that their buildings are being used by drug syndicates, they should be required to alert the police immediately. If they fail to do so, they should be penalized." The DDB executive director also proposed giving law enforcers greater leeway in monitoring the electronic communications of drug suspects. "Authorized eavesdropping on the telephone conversations, text messages, e-mail and the like of suspected drug syndicates would go a long way in helping us nab the big fish," said Calida. "In the fight against drugs, we expect so much from our lawmen," he said. "But we have not armed them with the equipment they need to do the job. It's like asking them to fight for us with the hands tied behind their back." The amendments that the DDB and other agencies propose to RA 9165 are certain to face resistance from human rights advocates and the usual left-wingers. While some of the objectors may be genuinely motivated by civil libertarian concerns, others may have a more sinister purpose. The State Department report noted links between big-time drug traffickers and terrorist groups such as the Abu Sayyaf and the communist-led New People's Army. "Throughout 2003, Philippine authorities drew clear linkages between drug-trafficking activities and terrorist organizations," the report said. "The Abu Sayyaf Group (ASG), a U.S.-designated foreign terrorist organization operating in the extreme southwest of the Philippines, collects money from drug smugglers by acting as protectors for foreign trafficking syndicates. The ASG also controls a thriving marijuana production site in Basilan."The State Department, citing intelligence reports, added that the NPA "receives money for providing safe haven and security for many of the marijuana growers in the northern Philippines and collects 'revolutionary taxes' on the sale of drugs." The question now is: Would the government allow itself to be held hostage by terrorists and terrorist sympathizers disguised as human rights advocates in the fight against drugs? - --- MAP posted-by: Jo-D