SEIZED ILLEGAL DRUGS REMAIN WITH PDEA

Drilon Says This Violates Law Mandating That They Be Burned Immediately

About 90 percent of the illegal drugs seized by the Philippine Drug
Enforcement Agency (PDEA) remain at the custody of the agency contrary
to law, Senate President Franklin Drilon said yesterday.

Sen. Drilon said he is alarmed over reports that prohibited
substances, such as shabu and marijuana, that had been confiscated by
the PDEA and other law enforcement agencies have remained in their
possession, contrary to what is mandated by law that the substances be
immediately burned.

Learning this information recently at the Senate Committee of the
Whole budget hearing, Drilon expressed concern that the seized drugs
might be recycled by corrupt lawmen and sold back on the streets.

"This only confirms my long-standing suspicion that the PDEA is not
complying with the Dangerous Drugs Act of 2002, which requires the
immediate burning of all confiscated illegal drugs," Drilon said
adding: "This particular provision was inserted to prevent recycling
of confiscated drugs."

During the deliberation of the agency's budget last week, PDEA
Director Anselmo Avenido reported that only 461 kilos of 3,730 shabu
(methampetamine hydrochloride), a popular drug among Filipino addicts,
had been burned by the agency.

The rest of the stash, Avenido said, remains at the custody of the
anti-drug agency.

However, Avenido tried to explain that the slow disposal of drug cases
in the local courts as well as the lack of laboratory facilities have
prevented them from immediately destroying the seized drugs.

Moreover, the PDEA chief blamed the courts and public prosecutors
handling drug cases for the snail-paced disposition of drug cases.

But notwithstanding Avenido's excuse, Drilon pointed that the law
mandates immediate destruction of the drugs, saying the law is clear
on the subject.

"Section 21 of Dangerous Drugs Act of 2002, was enacted to prevent
recycling the seized drugs by corrupt law enforcers and court
personnel, this law was placed to prevent this from happening," Drilon
pointed out.

Drilon urged the PDEA chief to immediately coordinate with Supreme
Court Administrator Presbitero J. Velasco for the issuance of a
memorandum circular mandating all prosecutors and judges to comply
with the provision of the law before the illegal drugs under PDEA's
custody find the streets again.

Drilon said it is not impossible that people from the agency would
smuggle the drugs and re-sell it. He said the example of a National
Bureau of Investigation (NBI) operative who stole seven kilos of shabu
from the agency three years ago should serve as an example.

Under the law, after filing of a criminal case, the court shall,
"within 72 hours, conduct an inspection of drugs and the PDEA shall
within 24 hours burn or destroy the drugs."

But Drilon said this provision of the Dangerous Drugs Act of 2002 is
largely ignored by PDEA.