Pubdate: Wed, 20 Apr 2005
Source: Freeman, The (Philippines)
Copyright: 2005 The Freeman
Contact:  http://www.thefreeman.com
Details: http://www.mapinc.org/media/3437
Author: Wenna A. Berondo
Bookmark: http://www.mapinc.org/areas/Philippines

COUNCIL PROPOSES CREATION OF DRUG DEN CLEARING BOARD

To eliminate drug dens and drugs in the city, the city council is
proposing the creation of an Anti-Drug Trafficking and Drug Den
Clearing Board.

The board, which would be composed of city officials, city police
chief, city health officer, city counsel and lawyers will hear and
adjudicate complaints against owners and caretakers of drug dens.

The proposed ordinance also states that there should always be a woman
member of the board. Terms of office of its members shall be for a
period of three years from the assumption of office.

The board, which would be created through the proposed city ordinance
authored by Councilor Augustus Pe, chairman of the council's committee
on dangerous drugs, would be provided with the initial budgetary
allocation of P100,000. The city council is expected to tackle the
proposed ordinance during its regular session today.

According to Pe, drug cases in the city continue to grow as
establishment and operation of drug dens by criminals and drug
syndicates remain unabated.

Citing Sections 51 to 53, Article VII of the Republic Act No. 9165, or
the Dangerous Drugs Act of 2002, the councilor said that an effective
mechanism should be provided for the eradication of drug dens by
declaring it as public nuisance and therefore, these should be abated.

"It is imperative to bring to a standstill the proliferation of drug
trafficking through drug dens or otherwise, before the malaise and
indignation that substance abuse is, would completely obliterate the
lives of more innocent and unsuspecting individuals young or old
alike," the proposed ordinance noted.

The Board will have the power to hear and adjudicate all complaints
formally filed with it or referred to it against owners and caretakers
of drug dens, houses, buildings and structures and to declare these as
public nuisances.

The administrative case filed, heard and decided by the board is
separate and distinct from criminal cases that are filed under R.A.
9165 for the use, maintenance or operation of drug dens. Accordingly,
the dismissal of the administrative case will not affect the criminal
cases filed unless the trial courts say otherwise.

Pe said that complainants would no longer have to go to courts if they
want an abatement order for drug dens. The board can litigate cases
involving drug dens but it has no police powers.

Furthermore, the board, through its chairman can administer oaths,
summon witnesses, require the production of documents, records, books
and others by subpoena duces tecum if needed for it to carry its functions.

The board is also required to submit a report to Mayor Tomas Osmena
and the city council every quarter about its operations and cases that
it had handled. 
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