The Department of Justice (DOJ) issued Advisory Opinion No. 2 explaining the issues surrounding the recruitment, arrest, detention and conviction of Filipinos caught transporting illegal drugs abroad. Advisory Opinion No. 2 is in line with the thrust of the DOJ to take a pro-active stance in criminal justice concerns, including the issue on Filipino illegal drug couriers.
The Advisory is addressed to both Filipinos who willingly accept offers to become illegal drug couriers and those who were involuntarily caught in the criminal activities of syndicates through various modus operandi. In either case, the Advisory lays down basic rules/advisory points that all Filipinos should bear in mind once they are apprehended abroad on suspicion of transporting illegal drugs. The advisory points are as follows:
- “Carry at your own risk.”
- Knowledge is immaterial and intent is not a requirement in drug trafficking.
- Be vigilant of the modus operandi of drug syndicates.
- In the unfortunate event of arrest or detention for drug trafficking, have presence of mind and to not resist arrest.
- Assert your legal rights, inquire on the legal remedies and request for consular assistance.
- Presumption of innocence will always apply.
- The laws of the country of arrest apply.
- If sentenced, the government can only be of limited assistance.
- “Blood money” cannot be paid to erase the liability of a person convicted of a crime involving illegal drugs.
- Take full responsibility for your actions.
