CEBU, Philippines - Other than a few recommendations, the Dangerous Drugs Board and the Philippine Drug Enforcement Agency-7 are amenable to the proposal to have drug surrenderers in Cebu City render community service.
Councilor Pastor "Jun" Alcover Jr. earlier proposed for an ordinance requiring drug surrenderers in Cebu City to render 40 hours of community service within six months.
In its position paper submitted to the City Council, DDB suggested that Section 3 of the proposal must be amended by letting drug surrenderers do community service on their own initiative.
The agency said that this is so as not to violate Section 22, Article III of the 1987 Constitution.
The particular section of the law states that "No ex post facto law or bill of attainder shall be enacted." Bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without judicial trial.
The DDB came up with such suggestion after noticing that Section 3 of Alcover's proposed ordinance dispenses judicial trial to the surrenderers.
"Although said section talks about 'voluntary' service, the same states as 'voluntary' service is 'required' to be rendered for 40 hours within the period of six months. The elements of voluntariness are removed when time requirement was included in the provision," DDB's position paper read.
The position paper dated October 21 was prepared by DDB officer-in-charge lawyer Philip Josef Vera Cruz, in coordination with the Office of the Solicitor General.
Meanwhile, PDEA-7 also expressed its support for the proposal but asked the city government to furnish the agency with copies of the list of drug surrenderers who will undergo community service.
PDEA-7 said that this is for close monitoring, which is part of their duty.
"PDEA-7 supports the proposed ordinance particularly on the provisions and envisioned community service on drug dependents who are referred to Cebu City Office for Substance Abuse Program but, in addition, it is the humble opinion and request of this office that the latter be furnished of the list of all the drug surrenderees who volunteered themselves to undergo community service in order for PDEA-7 to keep track of their future activities," the agency's position paper signed by regional director Yogi Ruiz read.
Following both agencies' recommendations, the City Council in its regular session last Tuesday referred the position papers to Alcover, being the proponent of the proposed ordinance. (FREEMAN)