De Lima raises alarm over House bill presuming guilt of drug suspects

Senator Leila De Lima on Thursday joined her fellow opposition lawmakers in raising the alarm over a recently approved House bill that essentially presumes guilt on drug suspects.

In a dispatch, De Lima said that while the intentions of House Bill 7814 are generally good, some of its provisions are "patently offensive to the Bill of Rights."

The measure intended to strengthen the Comprehensive Dangerous Drugs Act, states that a suspect is presumed to be an illegal drugs importer, financier, and protector or coddler “unless proven otherwise.”

De Lima pointed out that the bill creates presumptions that would allow courts to convict drug suspects without the prosecution having to present evidence.

"While it is very useful in civil cases, mandatory presumptions have no place in criminal law," she said.

"The primordial presumption that governs all others when it comes to criminal law is the presumption of innocence. Anything contrary to that is unjust, invalid and unconstitutional," she added.

De Lima said that if Congress passes unjust laws, the public may stop following or believing in the justice system. There could also be a rise in criminality which, in turn, endangers democracy and the country.

"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 said.

"Itong panukalang batas na isinusulong ng Kongreso ay labag sa ating Konstitusyon kaya hindi siya dapat maisabatas," she added.

In separate statements on Wednesday, Senators Francis Pangilinan and Risa Hontiveros also maintained that any bill being proposed in Congress should uphold the presumption of innocence provision under the Constitution.

The Commission on Human Rights expressed “serious concern” on the measure, saying it contravenes a universal human right.

“Justifying the departure from safeguards and to assert that it serves the community's interest exposes innocent individuals to wrongful accusations and abuse of authority,” said CHR spokesperson Jacqueline De Guia.

ACT Teachers party-list Representative France Castro and Bayan Muna Representative Carlos Isagani Zarate, who voted against the measure, also underscored that all accused should be presumed innocent until proven guilty under the law. — BM, GMA News