FIFTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

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HOUSE of REPRESENTATIVES ¥.
House Bill No. 6839

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

The Police Power is one of the fundamental and inherent powers of the State. The
police power regulates not only the property but, more importantly, the liberty of private
Persons, and virtually afl the people. The exercise of the police power lies in the discretion of
the legislative department. It may be exercised as long as the activity or the property sought to
be regulated has some relevance to the public welfare. As laid down in a number of cases, the
only limitations in the exercise of the police power is that its exercise is required by the
interests of the public generally, as distinguished from those of a particular class and that the
means employed are reasonably necessary for the accomplishment of the purpose and not
unduly oppressive upon individuals.”

‘As the public's confidence is the justice system plays a vital role in maintaining a
democratic State, it is of paramount importance that drug-related offenses be prosecuted to its
conclusion, lest we allow the country to be under the claws of narcopolities. The protection of
the general welfare of the people necessitates the prevention and eradication of the
proliferation of dangerous drugs which can only be achieved through an effective machinery of
prosecuting and bringing ta justice these drug-related offenders. However, by reason of the
backlog of cases and numerous complaints being fited with prosecutors, there results a delay in
the administration of justice. Hence, the need of a specialized prosecuting arm for drug-related
offenses.

For the purpose of carrying out its duties and powers, Section 83 of Republic Act 9165,
otherwise known as the Dangerous Drugs Act of 2002, gave the Philippine Drug Enforcement
Agency (PDEA) legal and prosecution services. Since the prosecution of drug-related offenses is
already within the mandate of the PDEA, what is left to be done is to define the scope of its
legal and prosecutorial powers, which this bill amending 8.4. 9265 intends to do.

Providing for a machinery to quickly dispose of cases involving violations of che RA.
9165 shall not onty result in the ‘immediate prosecution of the said offenses and the unclogging
of court dockets but will most definitely redound to the benefit of the general weifare of the
people and will restore the public's trust and confidence in our justice system.

By contrast, since Section 16 of the 1987 Constitution also provides that “All persons
shall have the right to 2 speedy disposition of their cases before all judicial,

‘ Cruz. Constitutional Law (2007), Central Book Supply, Inc.


quasi-judicial, or administrative bodies.", any person accused of violating RA. 9165 shall be
benefitted to this end by reason of the speedy administration of justice, thus striking a balance
between protection of private rights and those of the general public.

In view of the foregoing, the passage of this bill is earnestly sought.

This is a House of Representative counterpart bift to one filed in the Senate by Senator
Ramon Bong Revilla, Jr.

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MA. THERESA BONOAN-DAVID
4th District, City of Manila


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

HOUSE of REPRESENTATIVES
House Bill No. 6839

Introduced by: MA. THERESA B, BONOAN-DAVID

4 District, City of Manila

AN ACT EXPANDING THE JURISDICTION OF THE PHILIPPINE
DRUG ENFORCEMENT AGENCY, DEFINING THE
PROSECUTORIAL POWERS PROVIDED THERETO, AND
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165,
OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS

ORUGS ACT OF 2002

Be it enacted by the Senate and House of Representatives in
Congress of the Philippines assembled:

SECTION 1.

Section 82 of R.A. 9165, otherwise known as the

Comprehensive Drugs Act of 2002, is hereby amended to read as follows:

“Section 21. Sec. 82. Creation of the Philippine Drug Enforcement Agency
(PDEA). -To carry out the provisions of this Act, the PDEA, which serves as
the implementing arm of the Board, and shall be responsible for the
efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as
provided in this Act.

The PDEA shai! be headed by a Director General with the rank of
Undersecretary, who shail be responsible for the general administration
and management of the Agency. The Director General of the PDEA shail be
appointed by the President of the Philippines and shall' perform such
other duties that may be assigned to him/her, He/she must BE A MEMBER
OF THE PHILIPPINE BAR AND MUST HAVE ENGAGED IN THE

PRACTICE OF LAW FOR AT LEAST TEN (10) YEARS, AND MUST possess.
adequate knowledge, training and experience in the field of dangerous
drugs, and in any of the following fields: law enforcement, {law,] medicine,
criminology, psychology ar social work,

The Director General of the PDEA shall be assisted in the performance of
his/her duties and responsibilities by two (2) deputies director general


ith the. rank af Accistant Se: rv: ane for Oneratin: ALP BS
YEE ADRIARE TASS Wd (OP ASMUTSS ENFLCUST GenBeat WAN TREES BE

appointed by the President of the Philippines upon recommendation of
the Board.

‘The two (2) deputies director general shall possess the same qualifications
as those of the Director General of the PDEA. The Director General and the
two (2} deputies director general shall receive the compensation ano
salaries as prescribed by law.

A SPECIAL PROSECUTOR'S OFFICE SHALL BE CREATED WHICH SHALL BE
UNDER THE CONTROL AND SUPERVISION OF THE PDEA. THE SPECIAt
PROSECUTOR'S OFFICE OF THE PDEA SHALL HAVE EXCLUSIVE
JURISDICTION OVER CASES INVOLVING VIOLATIONS OF THIS ACT WHICH
ARE NON-BAILABLE. FOR THIS PURPOSE, SPECIAL PROSECUTORS SHALL
ALSO BE APPOINTED BY THE PRESIDENT OF PHILIPPINES UPON
RECOMMENDATION BY THE BOARD. THE SPECIAL PROSECUTORS MUST BE
A MEMBER OF THE PHILIPPINE BAR AND MUST HAVE ENGAGED IN THE
PRACTICE OF LAW FOR AT LEAST FIVE (5) YEARS,

Sec, 2. Section 84 (h) of RA 9165 is also amended to read as follows:

Sec. 84. Powers and Duties of the PDEA. - The PDEA shall:
Xo

(h) Prepare for prosecution of cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other similar controlled
substances, and assist, support and coordinate with other government
agencies for the proper and effective prosecution of the same, PROVIDED,
THAT THE PDEA SPECIAL PROSECUTORS OFFICE SHALL HAVE EXCLUSIVE
JURISDICTION TO CONDUCT PRELIMINARY INVESTIGATION AND
PROSECUTE VIOLATIONS OF THIS ACT IN CASES

INVOLVING OFFENSES WHICH ARE NOT BAILABLE.

Kor
Sec. 3. Section 90 of RA 9165 is likewise amended to read as follows:

Sec. 90. The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively try and
hear cases involving violations of this Act. The number of courts
designated in each judicial region shall be based on the population and the
number of cases pending in their respective jurisdiction.


The O01 shail designate speciat prosecutors to exclusively handle cases
involving violations of this Act. IN CASES FALLING WITHIN THE EXCLUSIVE
JURISDICTION OF THE PDEA SPECIAL PROSECUTORS, IT SHALL EXERCISE
THE SAME POWERS AND FUNCTIONS AS THOSE OR AS MAY HEREINAFTER
BE PROVIDED BY LAW, RULES AND REGULATIONS TO PUBLIC
PROSECUTORS IN THE CONDUCT OF INVESTIGATIONS AND PROSECUTION
OF OFFENSES WHICH ARE NON-BAILABLE.

The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor
OVER CASES WITHIN ITS JURISDICTION and a probable cause is
established, the corresponding information shall be fited in court within
twenty-four (24) hours from the termination of the investigation. WHEN
THE PRELIMINARY INVESTIGATION 1S CONDUCTED BY THE PDEA SPECIAL
PROSECUTORS OVER OFFENSES WITHIN THEIR EXCLUSIVE JURISDICTION
AND A PROBABLE CAUSE IS ESTABLISHED, FT SHALL FILE AN INFORMATION
IN COURT WITHIN THE SAME PERIOD AS PROVIDED FOR PUBLIC
PROSECUTORS. [If the preliminary investigation is conducted by a judge
and a probable cause is found to exist, the corresponding information shall
be filed by the proper prosecutor within forty-eight (48) hours from the
date of receipt of the records of the case.)

MOTIONS FOR RECONSIDERATION OF RESOLUTIONS BY THE PDEA SPECIAL
PROSECUTOR SHALL BE WITHIN THE EXCLUSIVE JURISDICTION OF THE
DIRECTOR GENERAL OF THE PDEA, WHICH SHALL BE FILED WITHIN A
NNONEXTENDIBLE PERIOD OF FIFTEEN (15) DAYS FROM THE RECEIPT OF
SUCH RESOLUTION. SUCH MOTION FOR RECONSIDERATION MAY BE
ENTERTAINED ONLY ON THE FOLLOWING GROUNDS:

(A) IF THERE iS PRIMA FACIE EVIDENCE OF ABUSE OF DISCRETION ON THE
PART OF THE SPECIAL PROSECUTOR;

(B) IF THE RESOLUTION WAS RENDERED THROUGH FRAUD OR COERCION,
INCLUDING GRAFT AND CORRUPTION;

{C) IF MADE PURELY ON QUESTIONS OF LAW;

({D) 1F SERIOUS ERRORS IN THE FINDINGS OF PROBABLE CAUSE ARE RAISED
WHICH WOULD CAUSE GRAVE OR IRREPARABLE DAMAGE OR INJURY TO
THE ACCUSED/RESPONDENT.

THE MOTION FOR RECONSIDERATION SHALL BE RESOLVED BY THE
DIRECTOR GENERAL OF PDEA NOT LATER THAN THIRTY (30) DAYS AFTER
THE FILING OF THE LAST PLEADING ALLOWED BY LAW OR THE RULES.

MOTIONS FOR RECONSIDERATION FROM THE RESOLUTION OF THE
DIRECTOR GENERAL OF THE PDEA MAY LIKEWISE BE FILED WITH THE OQ,
SECRETARY WITHIN A NONEXTENDIBLE PERIOD OF FIFTEEN (15) DAYS,


WHICH MUST BE RESOLVED NOT LATER THAN THIRTY (30) DAYS FROM ITS
FILING.

Trial of the case under this Section shall be finished by the court not later
than sixty (60) days from the date of the filing of the information, Decision
on said cases shall be rendered within a period of fifteen (15) days from
the date of submission of the case for resolution.

SECTION 2. Separability Clause. - Wf for any reason any section or
provision of this Act, or any portion thereof, or the application of such
section, provision or portion thereof to any person, group or
circumstance is declared invalid or unconstitutional, the remainder of
this Act shalt not be affected by such declaration and shail remain in
force and effect.

SECTION 3. Repealing Clause. - All laws, presidential decrees and other
executive issuances, rules and regulations or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 4. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2} newspapers of
general circulation.

Approved,