The Integrated Bar of the Philippines (IBP) has proposed to the Dangerous Drugs Board (DDB) to allow the Barangay Anti-Drug Abuse Councils (BADAC) to file petitions for involuntary confinement of illegal drug users.
In a statement, the IBP said the proposal is aimed at increasing “the number of persons authorized by the Board to file petitions for involuntary confinement of persons dependent on dangerous drugs since BADAC complements the already existing City Anti-Drug Council (CADAC).”
The proposal was submitted through IBP President Burt M. Estrada who is an ex-office member of the DDB and Presidential Adviser on Drug Policy Reforms Marlon I. Yap.
The IBP said: “There are 42,046 barangays in the Philippines. This will mean 42,046 personnel in place who can aid those with substance use disorders.”
It pointed out that its proposal is allowed by Section 61 of Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002, which mandates the compulsory confinement of a drug dependent who refuses to apply under the voluntary submission program.
It said Section 61 provides:
“Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.
“A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found.”
It also said its proposal “highlights the advantages of Section 61, namely: (1) that BADAC personnel, working closer to the trenches, would have a higher chance of having personal knowledge of persons in their respective barangays who are afflicted with substance use disorder in their own immediate neighborhoods; (2) Section 61 of RA 9165 has the added advantage of already helping a person with substance use disorder before they are arrested for committing a crime; and (3) Law enforcement personnel will no longer have to wait for crime to be committed in their presence before action can be undertaken.”
“The rationale behind this proposed course of action is to refocus the government’s approach to the drug problem on other non-punitive responses, compelling drug-dependent users to seek treatment before they are caught or charged for violations of the punitive provisions of RA 9165,” the IBP said.
It lamented that RA 9165 has been “vastly punitive in its implementation during the past administrations and has not only burdened our pillars of justice with numerous case dockets and detainees, but it has also resulted in many deaths and violence.”
Thus, it said “other non-punitive approaches also embodied in the law which are curative and preventive approaches have not been maximized.”