Republic of The Philippines

Province of Davao Occidental

Municipality of Santa Maria
-ooOoo-

OFFICE OF THE MUNICIPAL MAYOR

December 11, 2019

RICOJUDGE JANVIER M. ECHIVERRI

Undersecretary for External and Legislative Affairs
Chairperson, Anti-Drug Abuse Council-National Audit Team (ANT)
Department of the Interior and Local Government
DILG NAPOLCOM Center
EDSA cor., Quezon Ave., Diliman, Quezon City

Thru: ALEX C. ROLDAN, CESO V

Regional Director
DILG-XI
58 Mc Arthur Highway, Matina, Davao City

Thru: DEBIE T. TORRES, CESE

Provincial Director
DILG Davao Occidental
Brgy. Lacaron, Malita, Davao Occidental

Dear Undersecretary Echiverri,

Greetings.

This has reference to ADAC-National Audit Team Resolution No. 2019-01 dated 08 November 2019
entitled “Resolution Affirming the Result of the 2018 Anti-Drug Abuse Councils (ADACs)
Performance Audit, Providing for the Necessary Awards Mechanism and Other Purposes.”

We understand that said resolution is the basis for the 2019 ADAC Performance Award which
regrettably excluded our LGU from the list of awardees despite having reached one hundred (100)
rating during the Provincial ADAC audit. However, we would like to respectfully posit and clarify on
the following points, viz.:

1
 1. Criteria were changed in the course of the whole assessment.

 Disqualifying those LGUs which have an increase or retained a 100% drug

affectation even though they have high ADAC functionality scores 1 conflicts with the
DILG-DBM Joint Memorandum Circular No. 2018-01 entitled “Implementing
Guidelines on the Functionality and Effectiveness of Local Anti-Drug Abuse
Councils”, the sole basis for the conduct of the ADAC audits which emphasized that
only the support to the reduction of the drug affectation in area of jurisdictions and
compliance to the functionality as prescribed in the JMC are the measurements for
determining the effectiveness of the local anti-drug abuse councils. 2

2. The municipality has sustained the Drug-Cleared Barangay Status for CY 2018.

 Pursuant to the certification issued by PDEA-XI on August 6, 2019 which confirms

that based on their records for CY 2018, although there were no declarations on
“Drug-Cleared Barangay” in the province of Davao Occidental, all previously cleared
barangays have maintained their Drug-Cleared Barangay status for the concerned
assessment year.3 Thus, our LGU belongs to those with high ADAC functionality
scores which have maintained or decreased its drug affectation as reported by PNP
and PDEA, as mentioned in ANT Resolution 2019-01. We have attached the
certification for reference.

3. The decision should rule in favor of the LGU.

 The LGU understands the important role of the ANT in deciding which LGUs are
included in the list of recipients of the 2019 National ADAC Performance Award but,
it is also our humble submission that the ANT should consider the effort of the LGUs
to pass the ADAC in the sense that we are fully aware of what is actually happening
in the barangays in terms of their compliance with the campaign against illegal drugs
and criminality. Additionally, the Local Government Code provides that in case of
doubt in the interpretation of applicable statutes, it should rule in favor of the LGU. 4

4. The outcome of the ANT Resolution should be prospective.

 The LGU is fully aware of the authority of the ANT to identify the LGUs to be
awarded after the adoption of the said resolution. But nonetheless, our LGU has
already attained 100 functionality points even before the promulgation of the ANT as
certified during the Provincial ADAC audit on September 13, 2019. It should be
noted that laws and regulations shall have no retroactive effect, unless the contrary is
provided.5

With these foregoing views, we kindly appeal to your broad capacity as ANT Chairperson that our
municipality be included in the list of the eligible LGUs to be conferred with the 2019 National Anti-
Drug Abuse Council Performance Award.

1
ADAC-National Audit Team Resolution No. 2019-01
2
VII, DILG-DBM JMC 2018-01,
3
Cf. Attached PDEA-XI Certification.
4
Sec. 5(a), RA 7160
5
Art. 4, Civil Code of The Philippines

2
For consideration and appropriate action.

Thank you very much.

Very truly yours,

RUDY P. MARISCAL
Municipal Mayor