clarity and providing compelling Isa pa sa mga naging mabuting epekto ng proyektong ito ay ang kusang pagsuko ng mga drug addict at drug pusher simula noong ika-30 ng Hunyo. 10640. Retrieved from https://www.pressreader.com/philippines/balita/20180115/281749859759515, Siyete, Pahina ( 2018,January 14 ). Effective Implementation. D.3. In Kafkaesque fashion, a famous journalist was detained as a terrorist for publishing a piece criticizing the Ethiopian governments use of the law to detain journalists. Egypt is now the third-worst jailer of journalists (tied with Saudi Arabia), according to the Committee to Protect Journalists. All but one journalist incarcerated in Egypt in 2019 were charged with terrorism. In a complex, changing, and increasingly contested world, the Carnegie Endowment generates strategic ideas and independent analysis, supports diplomacy, and trains the next generation of international scholar-practitioners to help countries and institutions take on the most difficult global problems and safeguard peace. Note: Published on July 15, 2015 in Philippine Daily Inquirer, and registered with ONAR, UP Law Center on July 21, 2015. Ito ay inilunsad bilang parte ng kampanya ng ating pangulo na proyektong kontra droga sa pangunguna ng dating PNP Chief Director General Ronald Bato de la Rosa noong ika-30 ng Hunyo. Whats the answer, Imagine youre a business owner. has sought to criminalize peaceful dissent, often by labeling dissidents as terrorists and punishing them with lengthy prison sentences.. Ngunit ano na nga ang naging sitwasyon ng Oplan Tokhang ngayon? Implementing Guidelines. 9165 and may availsuch other remedies or civil actions under the laws or Rules of Court. C.1.5. After all, Indonesia passed a similar antiterror law in 2018 and has not yet seen mass arrests of opposition leaders, critics, or journalists. Sila din ay kasama sa pagpipili ng mga magiging miyembro ng tokhangers. Upon receipt of the order of destruction, PDEA shall proceed with the destruction or burning of the subject drug evidence/items within twenty-four (24) hours, or as far as practicable, in the presence of the prescribed witnesses. An Ethiopian antiterror law passed in 2009 mirrors Manilas legislation: it criminalized actions (such as writing, publishing, publicizing, or disseminating statements) that would directly or indirectly encourage terrorism and granted police the authority to detain suspects without a warrant for forty-eight hours. To ensure that the cost of disposition or destruction of such seized/confiscated or surrendered items shall be borne by the offender, the PDEA shall file a motion or petition before the Courts having jurisdiction of the case for the satisfaction of this cost in a forfeiture proceeding against the property or asset of the offender pursuant to Section 20 of RA No. . Since the Filipino House of Representatives passed a new antiterrorism bill on June 3, protests have rocked the Philippines. B.6. In the meantime that PDEA has no forensic laboratories and/or evidence storage facilities, as well as the necessary personnel of its own in any area of its jurisdiction, as required in Section 84(f), Article IX of RA No. Retrieved from http://www.gmanetwork.com/news/video/brigada/376781/brigada-ano-ang-oplan-tokhang-/video/. Parang ginagawa daw ng ating gobyerno na shortcut sa pagkamit ng katarungan sa Oplan Tokhang dahil pinapatay agad ang mga nasangkot dito (ABS-CBN News, 2017). ?, pasagot po pasagot po pasagot po need ko na kasi eh MCDPT po yan, possible questions in english exam 2022 for maritime engine students, is a brochure helpful to promote the literature of other nation? The cost of disposition and destruction of such dangerous drugs, plant sources at the plantation site, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall be borne by the accused or offender without prejudice to the funding requirements stated in paragraph E.2.2 of these guidelines. Of course, there is always the chance that the Anti-Terrorism Act wont be abused to silence free speech and undermine civil rights. Brigada: Ano ang Oplan Tokhang? Upon hearing the motion for destruction, the Court shall, within seventy-two (72) hours, conduct an ocular inspection where the representative samples shall be taken, marked and sealed in the presence of the arrested violator, his/her counsel or representative, laboratory personnel, and such other prescribed witnesses, and shall be retained in the custody of the forensic laboratory of PDEA, PNP or NBI, as the case may be, to serve as the evidence in criminal case against the violator, in order to proceed with immediate destruction of the subject drug evidence/ items. D. fumbling thrifty C.1.9. The trial court where the criminal case is subsequently filed shall take judicial notice of the proceedings thereof. C.2. (c) Marijuana and plant sources of dangerous drugs shall be destroyed by burning on the site of eradication activity and in open field. While the country had imprisoned journalists and opposition members long before the 2013 and 2015 laws were passed, these provisions gave Turkey additional legal grounds to arrest and detain dissidents. The PNP and NBI forensic laboratories shall continue to have custody of the representative samples of such evidence for use in court, and shall thereafter turn-over the same to PDEA for its destruction pursuant to paragraph E.2.1 above. 9165 AS AMENDED BYREPUBLIC ACT NO.
The PDEA shall initiate or collaborate to ensure the effective implementation of these guidelines, including the appropriate legal actions or measures to pursue under the law or applicable rules and regulations in cases of violation of these guidelines that resulted to unsuccessful prosecution or dismissal of drug case/s. In 2016, Turkey imprisoned 136 journalists, 135 of whom were charged with terrorism. At ang PNP Drug Enforcement Group at Intelligence Group naman ang tutulong sa Police Regional Office sa Oplan Tokhang. Retrieved from http://balita.net.ph/2018/01/15/bagong-oplan-tokhang-hindi-na-kaya-madugo/, Soho, Jessica (2016, July 12). A certification or chemistry report of the forensic laboratory examination results, which shall be done by the forensic examiner, shall be issued immediately upon the receipt of the subject item/s within the reglementary period that would enable the apprehending officer/team to file the criminal charge/s with the prosecutors office against the violator/s as prescribed by law. (b) Other lawful appropriate methods as may be authorized by the Board, in consultation with the DENR. Dangerous drugs and controlled precursors and essential chemicals shall be disposed off by means in the following methods: (a) Thermal destruction method in accordance with applicable environmental laws. Transitory Provision and PDEAs Undertakings. This site is using cookies under cookie policy . If any provision or part hereof is held invalid or unconstitutional, the provisions not otherwise affected shall remain valid and subsisting.
9165; WHEREAS, Section 2 of RA No. Numerous human rights activists have been arrested in 2017, 2018, and 2019. In any case, the chain of custody of the seized/confiscated items received from the apprehending officer/team, and examined in the forensic or crime laboratory shall be observed, where it shall document the chain of custody each time a specimen is handled, transferred or presented in court until its disposal, and every individual in the chain of custody shall be identified following the laboratory control and chain of custody form. D. Participation of the Offender in the Proceedings Implementing Paragraph f of the IRR. C.3.1. In cases of seizures or confiscations, where no violator is apprehended and no criminal case is filed, the following shall be performed: C.2.1. C.3.2. Isa din sa kanilang tungkulin ay ang magsagawa ng mga advocacy program para hikayatin ang mga taong nalulong sa droga na sumuko na. If the seizure or confiscation is done by virtue of search warrant, the guidelinesmentioned in paragraphs C.1.2, C.1.3, and C.1.4 above shall be observed. Ang tinaguriang proyektong Oplan Tokhang ay galing sa salitang Cebuano na Toktok o katok at Hangyo o makiusap. To expedite the immediate disposition and destruction of seized/confiscated plant sources of dangerous drugs at the eradication site, the seizing officer or forensic chemist shall get and preserve their representative samples, after their seizure and confiscation, and perform field or screening test at the site, as far as practicable. The urgent motion for destruction shall be heard and resolved within five (5) days from receipt of the motion. . What the Chinese Army Is Learning From Russias Ukraine War, Autocracy Versus Democracy After the Ukraine Invasion: Mapping a Middle Way, Malcolm H. Kerr Carnegie Middle East Center, Democracy, Conflict, and Governance Program. Umaasa sila na dahil a hakbang ito ay matapos ang insidente ng mga pagpatay sa mga tao katulad na lamang ni Kian Delos Santos. . E. Lead Agency over the Custody and Destruction of Drug Items/ Representative Samples Implementing Paragraphs g and h of the IRR. E.2.3. E.2. C.2.2. 1779 Massachusetts Avenue NW For years, this law was used to jail peaceful political activists, opposition members, and journalists. The satisfaction of this cost shall be refunded to PDEA to fund its continuing program in destructingor burning of such seized/confiscated or surrendered items. C. elucidating frugal Ang tanging layunin ng proyektong ito ay hulihin ang mga sangkot sa ilegal na droga. Tinitiyak naman ni Bato na ang pagbalik ng proyektong ito ay tinagubilinan ang kanilang mga operasyon ukol sa ilegal na droga na maging mas magalang at maayos ang pagkatok at pag-hangyo sa mga bahay-bahay ng mga suspek at maipaliwanag ng maayos ang kanilang intensyon (Cantos, 2018). Human Rights Watch notes that Sisis government .
Ngunit sa kabila ng mga mabuting epekto ng Oplan Tokhang ay madami paring hindi sang-ayon sa proyektong ito. 9165, otherwise known as The Comprehensive Dangerous Drugs Act of 2002, was enacted amending Section 21 of RA No. support staff, his efforts to persuade
E.2.4. In all instances, the representative samples shall be kept to a minimum quantity as prescribed under existing Dangerous Drugs Board regulation. Washington, DC 20036-2103. Ang proseso ng Oplan Tokhang ay ang Directorate for Intelligence naman o DI ang gagawa at may hawak ng listahan ng taong sangkot sa ilegal na droga. , n. how?, Despite B.4. Bagong Oplan Tokhang, hindi na kaya madugo? Pinahihintulutan umano nito ang pulis na pumatay ng drug personalities at binabalewala ng PNP ang legal na prosesong dapat pagdaanan ng kahit na sino man idinadawit sa anumang kaso sa kabila ng pagtiyak ng memorandum na igalang ang karapatan ng akusado sa ilalim ng Konstitusyon. If a separate motion/ petition for destruction was not filed in Court during the preliminary investigation stage of the case of the accused, an urgent motion shall be filed with the Court where the information is being heard, with prayer for ocular inspection within seventy-two (72) hours, for the immediate destruction of the seized/confiscated or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment. . 9165, as amended by RA No. Section 4. Ayon kay Atty. Ito din ang nakaatas upang tulungan ang mga barangay na alisin at hulihin ang mga taong nalulong sa ilegal droga. Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees. 21 of RA 9165 as amended by RA 10640, National Statement on the Impact of Grey Listing of the Philippines". You are leaving the website for the Carnegie-Tsinghua Center for Global Policy and entering a website for another of Carnegie's global centers. After the failed coup in 2016, Turkish authorities used the bills to arrest journalists and critics en masse. Section 6. . Love podcasts or audiobooks? Any amendment or modification in these guidelines shall be done in consultation with the DOJ and other relevant sectors pursuant to Section 2 of RA No. his These guidelines shall take effect fifteen (15) days after its publication in one (1) newspaper of general circulation and after its registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City. 10640, entitled An Act to Further Strengthen the Anti-Drug Campaign of the Government, Amending for the Purpose Section 21 of Republic Act no. At this point, other governments must monitor and support these legal challenges to ensure that they receive a legitimate hearing. How can you say that your business is ethical?, Mass media can play important role in how peopleparticularly children learn about crime and criminals. compose a one paragraph literature review Gonzales, naniniwala din sila na ang pagtutulungan ng mga sector sa lipunan ay magandang paraan upang labanan ang pagkalay ng ilegal na droga sa ating bansa dahil kulang sa spiritual aspects ang programa kontra droga. When the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals would not allow the completion of testing within the time frame to file the criminal charge/s against the violator/s,a partial laboratory examination report shall be provisionally issued by the forensic chemist, stating therein the quantities of dangerous drugs or controlled precursors and essential chemicals still to be examined by the forensic laboratory. If the court having jurisdiction over the case directs to submit to the court the representative samples after they have been taken, marked and sealed as prescribed in paragraphs C.1.6 and C.1.7, the office or personnel having custody of the same shallimmediately submit them to the court. Replacing the Human Security Act of 2007, the new law criminalizes an ambiguous new offense: the incitement of terrorism by means of speeches, proclamations, writings, emblems, banners or other representations . Naging malawakan ang epekto ng Oplan Tokhang at ayon kay Police Inspector Dino Paulo Ramos, Deputy Chief Of Police ng Labo PNP ay malaking porsiyento ang ibinaba ng naitatalang krimen sa Camarines Norte partikular na sa bayan ng Labo simula ng ipatupad ang Oplan Tokhang. If it does become law on July 9, a constitutional challenge awaits the legislation from the countrys most influential organization of lawyers. Ayon kay Fr. The Anti-Terrorism Council does. The urgent motion for destruction shall be heard and resolved within five (5) days upon actual receipt of its filing. Despite threats of arrest, hundreds continued to demonstrate against the bill. Effectivity. his points with To carry out the intent of the provisions of Section 21 of RA No. The taking of the representative samples to serve as the corpus delicti in the trial of the caseshall not be prejudiced by the absence of the accused/violator who is at large. Isa sa mga dahilan ng pagtutol nila ay ang madugong pagpatay sa mga suspek sa ilegal na droga. The release of the certification or chemistry report shall be after the confirmatory test of the samples examined. The recent conviction of Maria Ressa, a famed journalist who reported on the Philippines bloody drug war, is a chilling indication of how President Rodrigo Duterte will use the Anti-Terrorism Act. Naging malaking pakinabang ito sa mga local communities katulad ng mga barangay dahil sa mga sumuko ay nagkaroon sila ng iba pang impormasyon kung sino ang mga gumagamit at nagbebenta ng ilegal na droga. According to Turkish government records from July 2019, nearly 70,000 people in Turkey were being tried for terrorism and over 150,000 were being investigated for terrorism119 of whom were journalists, and many of whom were activists. 9165, the existing PNP and NBI forensic laboratories shall continue to conduct qualitative and quantitative examinations on the seized/ confiscated or surrendered evidence whether these be dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/ paraphernalia and/or laboratory equipment. E. expressing agreeable Repealing Clause. He was sentenced to eighteen years in prison, and his newspaper was forced to shut down. Back in the Philippines, politically motivated arrests were woefully common even before this new bill was passed. The Anti-Terrorism Act is the latest in a series of power grabs passed under the guise of national security amid the coronavirus pandemic, presenting a serious threat to Filipino democracy. The World Unpacked is a biweekly foreign policy podcast that breaks down the hottest global issues of today with experts, journalists, and policymakers who can explain what is happening, why it matters, and where we go from here. Chel Diokno ng Free Legal Assistance Group (FLAG), hindi naaayon sa Saligang Batas ang command memorandum circular ng PNP ukol sa kampanta kontra droga. Noong 2017 ay naging matagumpay ang kampanya ng ating pangulo laban sa ilegal na droga sa kabila ng mga pagbago ng mga nangangasiwa sa proyektong ito, pahayag ng Malacanang. 10640 provides that the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the Implementing Rules and Regulations (IRR) of Section 21 of RA No. D.1. The PDEA shall proceed with the destruction of drug evidence/representative samples presented as evidence in criminal cases before the courts, if thejudgment in the criminal case shall include a disposition directing to turn-over to PDEA the said drug evidence/representatives samples. Like many world leaders before him, Duterte now has the tools to weaponize the law and systematically stifle dissent.
without prior order of destruction shall proceed when any justifiable ground mentioned in paragraph C.1.9 above is present. Police also cracked down on critics of President Abdel Fattah el-Sisi during the 2018 election season. E.1. After filing the criminal charges with the prosecutors office, the apprehending officer/team or PDEA shall file urgent motion for the immediate destruction of the seized/confiscated or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/ paraphernalia and/or laboratory equipment, with prayer for ocular inspection within seventy-two (72) hours, with the Regional Trial Court (RTC) of the city or province where the confiscation/ seizure and/or surrender took place, with prior written conformity of the Provincial or City Prosecutor of the province or city, as the case may be, where the confiscation/seizure and/or surrender took place or the Prosecutor General or his duly authorized representative which shall be indicated in the pleading. The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: B.2. At least thirty-six prominent activists and journalists have been arrested and prosecuted for peaceful criticism using Egypts antiterror law. https://news.abs-cbn.com/news/10/12/17/oplan-tokhang-ipinatigil-na-ng-hepe-ng-pnp, https://www.pressreader.com/philippines/balita/20180115/281749859759515, http://balita.net.ph/2018/01/15/bagong-oplan-tokhang-hindi-na-kaya-madugo/, http://www.gmanetwork.com/news/video/brigada/376781/brigada-ano-ang-oplan-tokhang-/video/. WHEREAS, Section 21 of Republic Act (RA) No. Carnegie Endowment for International Peace. C.1.7. Since the summer of 2011, at least thirty-three dissidents have been charged with terrorism. -- Some of those prosecuted were affiliated with opposition parties and movements. The apprehending officer/team or PDEA shall preserve all the seized items as evidence in court until the court terminates the case, if the amount of the seized/confiscated dangerous drugs, plant sources of dangerous drugs or controlled precursors and essential chemicals is equal to or less than the amount for retention as prescribed by the Dangerous Drugs Board regulation. C.3.3. Ang ibig sabihin ay magbabahay-bahay ang mga pulis upang magbigay babala sa mga pinaghihinalaang gumagamit at nagbebenta ng droga (Brigada: GMA News, 2016). The taking of the representative samples to serve as the corpus delicti in the trial of the case shall not be prejudiced by the absence of the accused/offender who is at large during the taking of the representative samples. By using this website, you agree to our cookie policy. All guidelines, circulars, resolutions, regulations, orders and other issuances or parts thereof issued or promulgated in the implementation of Section 21, RA No. But other governments around the world dont have to be helpless bystanders to the erosion of Filipino democracy. Trabaho din ng DPCR ang pakikipag-ugnayan sa mga local government units at ibang stakeholders upang suportahan ang Oplan Tokhang. (Aenlle, 2017), Alamar, Noel (2017, October 23).
B.5. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to him/her or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice, or the Presiding Judge of the court having jurisdiction of the case, or the Chief of Public Attorneys Office in the province or city where the destruction will take place, as the case may be, shall appoint a member of the public attorneys office to represent the accused. Section 3. JUser: :_load: Unable to load user with ID: 674, Logistics and Administrative Management Service, International Cooperation and Foreign Affairs Service, Amendment to the Guidelines on the IRR of Sec. C.1.10. And 2019 was the first year since 2016 that Turkey was not the worlds worst jailer of journalists, but only because it shut down over one hundred news outlets to deplatform them instead. Ang naisip niyang alterbatibong solusyon ay ang pagbigay ng maayos ng trabaho ang mga mamamayan sa lipunan at mas magandang sistema ng edukasyon upang maayos na maituro ang values formation. Isa ito sa mga paraan upang masugpo ang problema sa ilegal na droga. 9165, all the above proceedings in paragraphs a to e of the IRR shall be continued, even in the absence or objection of the alleged offender or his/her representative or counsel, provided that the absence or objection of the offender or his/her representative or counsel shall be duly noted in writing. Ngunit inutos ni Philippine National Police (PNP) Chief Director General Ronald Bato Dela Rosa na ipatigil pansamantala ang nasabing proyekto dahil sa atas ng pangulo na nagtatalaga sa Philippine Drug Enforcement Agency na nangunguna sa kampanya ukol sa ilegal na droga. You can specify conditions of storing and accessing cookies in your browser, Write your thoughts and insights about oplan tokhang, why do you choose bachelor of science in disaster resiliency management course? Supporters might say there is nothing to worry about because, under the law, protest, advocacy, and dissent are protected so long as they dont create a serious risk to public safety. But who decides who is inciting terror or creating a serious public safety risk? As the Philippines marches ever closer to rule by law, world leaders preoccupied with the pandemic must speak out and stay vigilant to save Filipino democracy. Learn on the go with our new app. C.1.6. In cases where the plantation site is infested by insurgents, or inaccessible by motor vehicles and transmission communication signal, or the weather condition, calamity or disaster found therein poses danger on the safety of the apprehending officers/ team and the witnesses, the destruction of the plant sources even without the order of destruction will immediately be undertaken. Oplan Tokhang, ipinatigil na ng hepe ng PNP. If the same directive of turn-over is not included in the judgment of criminal cases by the court, the trial prosecutor shall request the court for leave to turn-over such drug evidence or representative samples to PDEA, or undertake to inform the latter of the final termination of the case with a copy of the judgment. Bagong Oplan Tokhang, hindi na kaya madugo? Retrieved from https://news.abs-cbn.com/news/10/12/17/oplan-tokhang-ipinatigil-na-ng-hepe-ng-pnp, Bautista, Clemen (2018, January 15). (Radyo La Verdad, 2018). A wave of arrests targeted members and affiliates of the Ethiopian opposition in the wake of antigovernment protests in October 2016. At ngayon ay binuhay muli ng Philippine National Police o PNP ang Oplan Tokhang. Aaron Sobel was a James C. Gaither Junior Fellow with the Democracy, Conflict, and Governance Program.