Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 0645

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

The addiction to illegal drugs has been a continuous battle for all citizens. Illegal
drugs destroy the physical and mental state of an individual, making him/her into a
burden of society. In our dedication to fight the evil of illegal drugs, the Comprehensive
Dangerous Drugs Act of R.A. No. 9165 was made into law. In spite of the presence of
R.A. No. 9165, congested court dockets prevent the speedy resolution of drug-related
cases. As the saying goes, “justice delayed is justice denied.”

The measure is being filed in order to respond to the need of speedily disposing
these cases through a specialized court. By reason of its limited jurisdiction, the
congestion in a court will be resolved as well as efficient conviction or acquittal will be
assured. In particular, this house bill seeks for the creation of a Special Collegiate
Dangerous Drugs Court in each geographical region having exclusive and original
jurisdiction to try and hear cases related R.A. 9165.

The election of President Rodrigo Duterte, who won on a platform which
included a war on illegal drugs, is a call from our people to take the fight against illegal
drugs seriously. President Duterte has made his stance clear, and the passage of this
bill will definitely support his campaign. This measure had again being refiled in the
Eighteenth Congress to show the Filipino people that we are serious in this fight
against illegal drugs.

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

1 hu

J IRA S. TAMBUNTING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL No, 2545

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
CREATING A SPECIAL COURT TO BE KNOWN AS THE “DANGEROUS DRUGS
COURT” AND FOR OTHER PURPOSES

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

SECTION 1. Court; Justices; Qualification; Salary; Tenure. - There is
hereby created a Dangerous Drugs Court (DDC) which shall be of the same level as
the Sandiganbayan and the Court of Appeals, possessing all the inherent powers of a
Court of Justice, and shall consist of Eighteen (18) Executive Judges each for NCR,
Region I, Region II, Region III, Region IV-A, Region IV-B, Region V, Region VI, Region
VII, Region VIII, Region IX, Region X, Region XI, Region XII, CAR and ARMM,
respectively, and 402 Associate Justices.

The President of the Philippines shall have the power to appoint the Executive
Justice and the Associate Justices.

The Executive Justices shall be so designated in his appointment, and the Associate
Justices shall have precedence according to the date of their respective appointments,
or when the appointment of two (2) or more of them shall bear the same date,
according to the order in which their appointments were issued by the President. They
shall have the same qualifications, rank, category, salary, emoluments, and other
privileges, be subject to the same inhibitions and disqualifications, and enjoy the same
retirements and benefits as those provided for under existing laws for Associate
Justices of the Court of Appeals. Whenever the salaries of the Presiding Justice and
the Associate Justices of the Court of Appeals are increased, such increases in salaries
shall be deemed correspondingly extended to and enjoyed by the Executive Judges
and Associate Justices of the DDC.


The Executive Justices and Associate Justices shall hold office during good
behavior, until they reach the age of seventy (70), or become incapacitated to
discharge the duties of their office, unless sooner removed for the same causes and
in the same manner provided by law for members of the judiciary of equivalent rank.

SECTION 2. Divisions. — The Dangerous Drugs Court shall exercise its powers,
functions, and duties, through ONE HUNDRED FORTY (140) divisions, each division
composed of three (3) Justices. The divisions shall have their respective seats for
Dangerous Drugs Cases coming from the following regions:

a) NCR: Two (2) divisions each for the local Government Units of Caloocan City,
Las Pifias City, Makati City, Malabon City, Parafiaque City, Pasay City, Pasig
City, Pateros, Quezon City, San Juan City, Taguig City, Valenzuela City;

b) Region I: One (1) Division each for each for the Local Government Units of
Dagupan City, Ilocos Norte, Ilocos Sur, La Union, Pangasinan;

c) Region II: One (1) Division each the Local Government Units of Batanes,
Cagayan, Isabela Nueva Vizcaya, Quirino, Santiago City;

d) Region III: One (1) Division each for the local Government Units of Angeles
City, Aurora, Bataan, Bulacan, Nueva ecija, Olongapo City, Pampanga, Tarlac,
Zambales;

e) Region IV-A: One (1) Division each for the Local Government Units of Batangas,
Cavite, Laguna, Lucena City, Quezon, Rizal;

f) Region IV-B: One (1) Divisions each for the Local Government Units of
Marinduque, Occidental, Mindoro, Palawan, Puerto Princesa City, Romblon;

g) Region V: One (1) Division each for the Local Government Units of Albay,
Camarines Norte, Camarines Sur, Catanduanes, Masbate, Naga City, Sorsogon;

h) Region VI: One (1) Division each for the Local Government Units of Aldan,
Antique, Bacolod City, Capiz, Guimaras, Iloilo, Iloilo City, Negros Occidental;

i) Region VII: One (1) Division each for the Local Government Units of Bohol,
Cebu Province, Lapu-Lapu City, Mandaue City, Negros Oriental, Siquijor;

j) Two (2) divisions for Cebu City;

k) Region VIII: One (1) Division each for the Local Government Units of Biliran,
Eastern Samar, Leyte, Northern Samar, Ormoc City, Samar, Southern Leyte,
Tacloban City;

1) Region IX: One (1) Division each for the Local Government Units of Isabela
City, Zamboanga City, Zamboanga del Norte, Zamboanga del Sur, Zamboanga
Sibugay;

m) Region X: One (1) Division each for the Local Government Units of Bukidnon
Camiguin, Iligan City, Lanao del Norte, Misamis Occidental, Misamis Oriental;

n) Two (2) Divisions for Cagayan de Oro City;

0) Region XI: One (1) Division each for the Local Government Units of Compostela
Valley, Davao del Norte, Davao del Sur, Davao Oriental;



P) Two (2) Divisions for Davao City;

q) Region XII: One (1) Division each for the Local Government Units of Cotabato,
Cotabato City, General Santos City, Sarangani, South Cotabato, Sultan Kudarat;

r) Region XIII: One (1) Division each for the Local Government Units of Agusan
del Norte, Agusan del Sur, Butuan City, Dinagat Islands, Surigao de! Norte,
Surigao del Sur;

s) CAR: One (1) Division each for the Local Government Units of Abra, Apayao,
Baguio City, Benguet, Ifugao, Kalinga, Mountain Province;

t) ARMM: One (1) Division each for the Local Government Units of Basilan
(excluding Isabela City), Lanao del Sur, Maguindanao, Sulu, Tawi-Tawi;

SECTION 3. Quorum; Vacancy; Decisions/Resolutions, - Three Justices
shall constitute a quorum for sessions in the divisions: Provided, That when the
required quorum for a particular division cannot be had due to the legal disqualification
or temporary disability of a Justice or of a vacancy occurring therein, the Executive
Justice of the Region where the affected division belongs may designated any
Associate Justice of the Dangerous Drugs Court, to be determined by strict rotation
‘on the basis of the reverse order of precedence, to sit as a special member of said
affected division with all the rights and prerogatives of a regular member of said
division in the trial and determination of a case of cases assigned to thereto.

The concurrence of Two (2) Justices of the division shall be necessary for the
pronouncement of a decision final resolution for the cases or matter heard by the
division, which shall be reached in consultation before the writing of the opinion by
any concurring member of the division.

SECTION 4. Jurisdiction. — The Dangerous Drugs Court (DDC) shall exercise
original jurisdiction on all cases involving:

a. All violations of Republic Act No. 9165, otherwise known as “The
Comprehensive Dangerous Drugs Act of 2002” (“The Act”), including
violations of the Act made by minors. Minor Offenders of the Act shall
be prosecuted in accordance with the Act, existing laws and Supreme
Court rules.

b. All violations of Republic Act No. 9165, otherwise known as “The
Comprehensive Dangerous Drugs Act of 2002” (“The Act”) made by a
Public Officer whether he be the principal accused, an accomplice or
merely an accessory. All cases in the Sandiganbayan with respect to
public officials violating the Act must now be transferred to the
Appropriate DDC. If the Public Officer violated the Provisions of the Act
while also violating other laws such as Republic Act No. 3019, as
amended otherwise known as the Anti-Graft Corrupt Practices Act,


Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised
Penal Code, the DDC shall still have jurisdiction to prosecute him under
those other laws, provided it will not violate his right against Double
Jeopardy under the Constitution.

A public officer” shall mean any person; holding any public office in the
Government of the Republic of the Philippines whether by virtue of an
appointment, election or contract.

“Government” includes the National Government, and any of its
subdivisions, agencies or instrumentalities, including government-owned
or controlled corporations and their subsidiaries.

. The DDC shall have primary jurisdiction over the search and seizure of

any object or person to be done by appropriate law enforcement
agencies with respect to violations of the Act. each, Justice of DDC
division shall have the power to issue search warrants and warrants of
arrest primarily for violations of the Act, but he can also exercise the
inherent powers of a Court of Justice to issue search warrants and
warrants of arrest for any other case only in extremely urgent cases such
as the complete absence of Regional Trial Court judges or Municipal Trial
Court judges in area.

Conversely, only in extremely urgent cases and for compelling reasons
such as the complete absence and unavailability of DDC Justices, the
other Courts of Justice may issue search warrants and warrants of arrest
with respect to violations of the Act.

The SC in consultation with the appropriate law enforcement agencies
shall promulgate the rules with respect to search and seizure in cases
cognizable by the DDC. In the meantime, the applicable laws and rules
will apply, except if inconsistent with this Act.

Section 21 of the Act with respect to Custody and Disposition of
Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment is
hereby amended such that all mention of “the Court” in that section,
shall mean and pertain to the Dangerous Drugs Court (DDC).

|. The Dangerous Drugs Court shall have exclusive original jurisdiction over

petitions for the issuance of the writs of mandamus, prohibition,


certiorari, habeas corpus injunction, amparo, habeas data and other
ancillary writs and processes in aid of its jurisdiction. Provided, that the
jurisdiction over these petitions shall not be exclusive of Supreme Court.
e. The Drugs Court may impose the Death Penalty only in accordance
with the Act ‘in appropriate cases, notwithstanding R.A. 9346 otherwise
known as “An Act title Imposition of Death Penalty in the Philippines”.
In case the penalty imposed is death in accordance with the Act, review
by the Supreme Court shall be automatic, whether or not the accused
filed an appeal. ‘The Supreme Court Shall be consulted about this
provision before it becomes final.

SECTION 5. Prosecution Team. — The Provisiéns of any law or rule to the
contrary notwithstanding, the direction and control of the prosecution of cases
mentioned in Section 4 hereof, shall be exercise by one (1) Chief Dangerous Drugs
Division Prosecutor for each DDC division, who shall be assisted by two (2) Deputy
Chief Dangerous Drugs Division Prosecutors per DDE division and two (2) Senior
Assistant Dangerous Drugs Division Prosecutors who shall all be appointed by the
President of the Philippines.

The Chief-Dangerous Drugs Division Prosecutors shall have the same
qualifications, rank, category, salary, emoluments and-other privileges, be subject to
the same inhibitions and dis qualifications, and enjoy the same retirements and other
benefits as those provided for under existing laws for Regional Prosecutors.

The Deputy Chief Dangerous Drugs Division Prosecutors shall have the same
qualifications, rank, category, salary, emoluments and other privileges, be subject to
the same inhibitions and disqualifications, and enjoy the same retirements and other
benefits as those provided for under existing laws for Deputy Regional Prosecutors.

Dangerous Drugs Division Prosecutors shall have the same qualifications, rank,
category, salary, emoluments and other privileges, be subject to the same inhibitions
and disqualifications, and enjoy the same retirements and other benefits as those
provided for under existing laws for Senior Assistant Regional Prosecutors The Chief
Dangerous Drugs Division Prosecutors, the Deputy Chief Dangerous Drugs Division
Prosecutors and the Dangerous Drugs Division Prosecutors shall have exclusive
authority to conduct preliminary investigations of all complaints filed with the
Dangerous Drugs Court, to file information and conduct the prosecution of all cases;
Provided, that the Secretary of Justice may designate any lawyer in the government
service as Dangerous Drugs Division Prosecutor or special counsel to assist the Chief
Dangerous Drugs Division Prosecutors in conducting preliminary investigations and
prosecuting cases before the Dangerous Drugs Court.


The Chief Dangerous Drugs Division Prosecutors, the Deputy Chief Dangerous
Drugs Division Prosecutors collectively, “the Dangerous Drugs Prosecutors” mentioned
in the preceding paragraph shall have the authority to administer oaths, to issue
subpoena duces tecum, summon and compel witnesses to appear and testify under
oath before them and to bring books, documents or other things control and to secure
the attendance or presence of any absent or recalcitrant witness through application
before the DDC division or any Justice thereof, or before any inferior of superior court
having jurisdiction of the place where the witness or evidence may be found.

The Chief Dangerous Drugs Division Prosecutors and his assistants shall be directly
under the control of the Secretary of Justice. In cases where the offender is a Public
Officer, the Ombudsman and the Dangerous Drugs Prosecutors shall have concurrent
jurisdiction except if the law or the Constitution vests exclusive jurisdiction in the
Ombudsman. All mention of “prosecutors” in the provisions of the Act shall pertain to
the Dangerous Drugs Prosecutor's as provided herein.

SECTION 6. Preliminary Investigation; Trial. — The Preliminary investigation
of cases filed under the 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
Dangerous Drugs Prosecutor and probable cause is established, the corresponding
information shall be filed in court within twenty-four (24) hours from the termination
of the investigation. 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.

Trial of case under Section 4 and Section 5 shall be finished by the DOC 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 7. Form, Finality and Enforcement of Decisions. - A\l decisions
and final orders determining the merits of a case or finally disposing of the action or
proceedings of the DOC shall contain complete findings of the facts and the law on
which they are based, on all issues properly raised before it and necessary in deciding
the case. A motion for reconsideration shall be decided within thirty (30) days from
submission thereon. Decisions and final orders of the shall be appealable to the
Supreme Court by petition for review on certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of Court. Whenever, in any case decided by the
DOC, the penalty of life imprisonment, Reclusion Perpetua or higher is imposed, the


decision shall be appealable to the Supreme Court in the manner prescribed in the
Rules of Court. The Supreme Court shall be consulted with respect to this provision.

Judgements and Orders of the DOC shall be executed and enforced in the manner
provided by law. The Justices of the DOC shall each certify on their applications for
leave, and upon salary vouchers presented by them for payment, or upon the payrolls
under which their salaries are paid, that all proceedings, petitions and motions which
have been submitted to the Court for determination or decision for a period required
by the law or the Constitution, as the case may be, have been determined or decided
by the Court of or before the date of making the certificate, and no leave shall be
granted and no salary shall be paid without such certificate.

SECTION 8. Rules of Procedure. — The Rules of Court promulgated by the
Supreme Court shall apply to all cases and proceedings filed with the DOC in the
meantime. The Supreme Court shall promulgate special rules of procedure which shall
be applicable to the DOC within 30 days from the effectivity of this Act.

The DOC shall have no power to promulgate its own rules of procedure, except to
adopt internal rules governing the allotment of cases among the divisions, the rotation
of Justices among them, and other matters relating to the internal operations of the
court which shall be enforced until repealed or modified by the Supreme Court.

SECTION 9. Administrative Personnel. — Upon recommendation of the DOC,
the Supreme Court may designated, from among the officers and employees under it,
or appoint. The personnel necessary for the DOC, Provided, however, that those
merely designated shall not receive additional compensation, except per diems,
travelling and necessary expenses in accordance with existing laws and rules.

The Supreme Court shall appoint one (1) Clerk of Court for each of the DOC
division. The Clerks of Court so appointed shall have the same qualifications, rank,
category, salary, emoluments and other privileges, be subject to the same inhibitions
and disqualifications, and enjoy the same retirements and other benefits as those
provided for under existing laws for Executive Clerks of Court of the Sandiganbayan.

All subordinate employees of the DOC and all divisions thereof shall be governed
by the provisions the Civil Service Law; Provided, that the DOC division concerned,
may, by resolution unanimously voted upon by three (3) of its Justices, remove any
of them for cause.

SECTION 10. Security. — In view of the sensitive nature of the functions and
powers to be exercised by the DDC, its divisions and Justices, and personnel, as well
as the Dangerous Drugs Prosecutors, and PDEA, PNP, NBI, and the AFP all in


coordination, are hereby directed to post 24-hour security personnel for each division
of DOC.

SECTION 11. Transfer of cases. — All cases cognizable by the DOC as herein
provided, being heard in other courts, except those already submitted for
decision/resolution shall be transferred to the DOC.

SECTION 12. Funding. — There is hereby immediately appropriated out of any
funds in the National Treasury not otherwise appropriated, such sums as may be
necessary to carry out the provisions of this Act and thereafter to be included in the
general appropriation act: The appropriations for the DOC shall be automatically
released in the accordance with a schedule submitted by the DOC.

SECTION 13. Repealing Clause. — Any provision of law, order, rule or regulation
inconsistent with the provisions of this Act is hereby repealed of modified accordingly.

SECTION 14. Effectivity Clause. — This Act shall take effect fifteen (15) days
after the completion’ of its publication in at least two (2) national newspapers of
general circulation.

Approved,