Laws should uphold presumption of innocence, not guilt, senators say

Two senators on Wednesday maintained that any bill being proposed in Congress should uphold the presumption of innocence provision under the Constitution.

This, as the House of Representatives approved a measure which essentially presumes guilt of individuals considered importers, financiers, and protectors or coddlers of illegal drugs.

In a text message, Senator Francis Pangilinan said the Bill of Rights under the 1987 Constitution guarantees the presumption of innocence of any individual.

"A law cannot set aside provisions of our Bill of Rights," he told GMA News Online.

Senator Risa Hontiveros echoed Pangilinan's statement.

"Our bills have to follow the Constitution and the presumption of innocence is one of the cornerstones of the Bill of Rights," she said.

While she has not read the bill approved by the House, Hontiveros said she would study this in anticipation of their deliberations in the Senate.

"Kung ito ay labag sa Saligang Batas, we, in the Upper Chamber are duty bound to block the passage of the bill," she said.

"We also need a stronger public health approach for problematic drug use. This is not a criminal justice issue alone," she added.

House Bill 7814, 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.”

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.—LDF, GMA News