Pubdate: Mon, 12 Dec 2005 Source: Manila Times (Philippines) Copyright: 2005, The Manila Times Contact: http://www.manilatimes.net/ Details: http://www.mapinc.org/media/921 Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) Bookmark: http://www.mapinc.org/topics/Death+Penalty (Death Penalty) EDITORIAL: SHORT-CIRCUITING THE ANTIDRUGS LAW SECTION 21 of the Dangerous Drugs Act orders the burning of all confiscated illegal drugs within 24 hours after they are admitted as evidence in court. The provision safeguards against the evidence being pilfered and the drugs finding their way back to the streets. On paper Section 21 looks pretty impressive. In reality, it is largely unheeded, as Senate President Franklin Drilon pointed out last week. Mr. Drilon was appalled to learn that the Philippine Drug Enforcement Agency has not destroyed about 90 percent of the illegal drugs it has confiscated. According to the agency's director, Anselmo Avenido, less than 500 kilos of the 3,730 kilos of shabu seized by PDEA agents have been burned. The rest are under lock and key in PDEA laboratories. Mr. Avenido blamed the failure to enforce Section 21 on the halfhearted cooperation the PDEA has been getting from judges and prosecutors in securing evidence in drug-related cases. Mr. Drilon sternly reminded him that the immediate burning of confiscated illegal substances is "obligatory and mandatory." We agree with the Senate President. The close to 4,000 kilos of shabu in PDEA custody is too tempting a prize for a corrupt law enforcer to pass up. He knows he can make a tidy sum by filching small amounts of the substance and selling them. Or he can be greedy enough to run away with a substantial hoard and find a big-time drug dealer for a buyer. It has happened many times before. The Comprehensive Dangerous Drugs Act was passed in 2002 with much fanfare. It was meant to inject new vigor to the government's lackluster campaign against illegal drugs. The country had been gaining notoriety as a major dropoff point for drug manufacturers who had been chased out of China. Big Chinese drug dealers set up shop in the Philippines and ran their operation with impunity. But even more alarming was the rise in the number of drug users in the country-from 20,000 in 1972 to 2.1 million in 2002, by one government estimate. President Arroyo decided it was time for tough measures. The new drug law is almost draconian in prescribing the death penalty not only for drug dealing but possession of as little as 500 grams of marijuana, 10 grams of opium and 50 grams of shabu. There are even stiff penalties for using cell phones or the Internet to make drug deals. A lot of work went into crafting the new drug law. A lot of hope is also pinned on it. Now we are told by the chief enforcer of that law that it is not 100-percent enforceable, that it is being screwed up by uncooperative judicial officials. We believe it is an obstacle that can be easily removed. As Mr. Drilon has suggested, all it takes if for the Supreme Court to order all judges and prosecutors to strictly comply with Section 21. The law must prevail. There are no ifs and buts about it. - ---