MANILA – Sen. Leila de Lima has expressed opposition to the recently-passed House of Representatives bill that provides legal presumptions on drug-related offenses which essentially presumes guilt on drug suspects.
De Lima said over the weekend that, while the House bill has good intentions, certain provisions in the bill amending the Comprehensive Dangerous Drugs Act are “patently offensive to the Bill of Rights.”
“If the laws are not just, the rule of law falls,” she said. “The bill creates presumptions which, when uncontroverted, would allow the courts to convict the accused without the prosecution having to present evidence.”
House Bill No. 7814, which includes legal presumptions on who are to be considered as importers, financiers, protectors or coddlers of illegal drugs, among others, has been approved by the lawmakers via 188-11 votes last week, with nine abstentions.
The senator pointed out the Section 3 of the bill which states that “anyone spotted in the place where the sale, trading, marketing, dispensation, and delivery or distribution of drugs happen is presumed to be involved in these illegal operations unless proven otherwise.”
“Legal presumptions are a means to expedite trials by shifting the burden of proof from complainant to defendant under situations in which the allegations appear to be likely correct,” she said.
“In this situation, the court makes an inference, given a set of facts, which the defendant is given the opportunity to refute by presenting evidence against it,” she added.
De Lima stressed that if Filipinos see that Congress passes unjust laws, they will cease to follow and believe in the country’s justice system which could result to a rise in criminality, which in turn poses a danger to our country and our democracy.
“Itong panukalang batas na isinusulong ng Kongreso ay labag sa ating Konstitusyon kaya hindi siya dapat maisabatas. Kung maisabatas ito, binigyan na rin natin ng lisensya ang gobyerno na mandamay, manggipit at magpakulong ng inosenteng tao,” de Lima said.”Sa ilalim ng ating Saligang Batas, trabaho ng prosecution na magpakita ng ebidensya na gumawa ng krimen ang isang akusado. Hindi ang akusado ang kailangan magpatunay na siya ay inosente,” she added./PN
