(We yield this space to the statement of peasant group Pamanggas-Panay due to its timeliness. – Ed.)
IN ANOTHER attempt to trample basic human rights, the House of Representatives on March 2 approved in the final reading House Bill (HB) No. 7814, or the amendment to Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. Under HB 7814, the 188 Duterte-allied lawmakers who voted in favor of the bill agreed that a person suspected to be involved in illegal drugs shall be deemed guilty first until proven innocent.
This is in total disregard to and violation of provisions in Article III of our 1987 Constitution, specifically, sections 1, 2 and 14. This also runs contradictory to the International Covenant on Civil and Political Rights (ICCPR), an international agreement, which was ratified by the Philippine government in 1986.
Under the present situation, a suspect is presumed innocent first until proven guilty. For this to be done, he/she must be afforded due process of law as a matter of constitutional right. The burden of proof lies in the prosecutor representing the people of the Philippines presenting foolproof evidence to convince the court that the suspect is guilty beyond reasonable doubt.
But under HB 7814, the burden of proof lies in the suspect, which means that he/she has to prove his/her innocence beyond reasonable doubt for his/her absolution. So, the obligation to establish innocence now rests on the suspect, while state prosecutor/s already marked him/her as guilty on mere presumptions.
HB 7814 will surely embolden warrantless and arbitrary arrests, detention and of course, torture and other degrading and inhuman treatment. This is further enhancing impunity while limiting and even curtailing legal remedies and basic procedural and safety guarantees that the rights of every individual must be protected and respected at all times. If made into law, surely we will see piles of bodies adding up to the more than 35,000 drug-related deaths under Oplan Tokhang and we will hear more of the “nanlaban” narratives from the police.
We enjoin all other progressive sectors, groups and individuals, to call on all conscientious lawmakers, local government units, government officials, even military and police elements who still believe in what is right, to stand up and call to scrap this unconstitutional bill. How shameful our lawmakers are who should be representing the people yet allow such measure to push through even knowing its unconstitutionality.
