EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
■ » iD ffttr a l 1.'
*19 
JUL 15 
AlO ■•04
In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
AN ACT
EXPANDING 
THE 
JURISDICTION 
OF 
THE 
PH ILIPPIN E 
DRUG 
ENFORCEMENT 
AGENCY, 
DEFINING 
THE 
PROSECUTORIAL 
POWERS 
PROVIDED THERETO, AND AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS 
DRUGS ACT OF 2002, AS AMENDED
EXPLANATORY NOTE
In recent years, drug-related cases have clogged the dockets of Philippine 
courts. 
Data from the National Prosecution Office of the Department of Justice 
would reveal that in 2017 the number of drug cases filed in court reached more than 
70,700. 
This alarming number is aggravated by all those other cases which the 
government failed to prosecute by reason of mismanagement or the lack or 
insufficiency of material resources to do so as well as allegations of graft and 
corruption in the conduct of investigations. 
What's even worst is that the 
prosecution success rate for drug cases remains the lowest as compared to 
prosecution of index crimes.
As the public's confidence in 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 narco-politics. 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 to justice these drug-related offenders. However, by reason of the backlog


of cases and numerous complaints being filed 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 No. 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, in amending R.A. 9165, intends to do.
Providing for a machinery to quickly dispose of cases involving violations of 
the R.A. 9165 shall not only 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 welfare 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 a speedy disposition of their cases before all judicial, 
quasi-judicial, or administrative bodies.", any person accused of violating R.A. 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.
Passage of this bill is therefore earnestly sought.
RAMOWBONG REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
. % .■ .■/ ^
S E N A T E  
S. No. 
4 G 2
0f !>: ‘ 
r' iv:
*19 JUL 15 A10-.04
RECE;V.l':J.
In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
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 
DRUGS ACT OF 2002, AS AMENDED
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Section 82 of R.A. 9165, otherwise known as the Comprehensive
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Drugs Act of 2002, is hereby amended to read as follows:
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Sec. 82. Creation o f the Philippine Drug Enforcement
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Agency (PDEA). -  To carry out the provisions of this Act, the
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PDEA, which serves as the implementing arm of the Board, and
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shall 
be 
responsible for the efficient and effective 
law
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enforcement of all the provisions on any dangerous drug and/or
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controlled precursor and essential chemical as provided in this
9 
Act.


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The PDEA shall be headed by a Director General with the 
rank of Undersecretary, who shall be responsible for the general 
administration and management of the Agency. The Director 
General of the PDEA shall 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 
PH ILIPPINE BAR AND MUST HAVE ENGAGED IN  THE 
PRACTICE OF LAW FOR AT LEAST TEN (1 0 ) 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 or 
social work.
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The Director General of the PDEA shall be assisted in the 
performance of his/her duties and responsibilities by two (2) 
deputies director general with the rank of Assistant Secretary; 
one for Operations and the other one for Administration. The 
two (2) deputies director general shall likewise 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 
and 
salaries as 
prescribed by law.
A SPECIAL PROSECUTOR'S OFFICE SHALL BE CREATED 
W HICH 
SHALL 
BE UNDER 
THE 
CONTROL 
AND
SUPERVISION 
OF 
THE 
PDEA. 
THE 
SPECIAL


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PROSECUTOR'S OFFICE OF THE PDEA SHALL HAVE 
EXCLUSIVE JURISDICTION OVER CASES INVOLVING 
VIOLATIONS OF THIS ACT W HICH 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 R.A. 9165 is also amended to read as follows: 
Sec. 84. Powers and Duties o f the PDEA. -  The PDEA
shall:
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XXX
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(h) Prepare for prosecution or 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 W HICH ARE NOT 
BAILABLE;


XXX
Sec. 3. Section 90 of R.A. 9165 is likewise amended to read as follows:
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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.
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The DOJ shall designate special prosecutors to exclusively 
handle cases involving violations of this Act. IN  CASES 
FALLING W ITH IN  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 W HICH ARE NON-BAILABLE.
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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.
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When the preliminary investigation is conducted by a public 
prosecutor OVER CASES W ITH IN  ITS JURISDICTION and a 
probable cause is established, the corresponding information 
shall be filed in court within twenty-four (24) hours from the


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termination of the investigation. WHEN THE PRELIMINARY 
INVESTIGATION IS  CONDUCTED BY THE PDEA SPECIAL 
PROSECUTORS 
OVER 
OFFENSES 
W ITH IN  
THEIR 
EXCLUSIVE JURISDICTION AND A PROBABLE CAUSE IS 
ESTABLISHED, IT  SHALL FILE AN 
INFORMATION IN  
COURT W ITH IN  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.]
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MOTIONS FOR RECONSIDERATION OF RESOLUTIONS BY 
THE PDEA SPECIAL PROSECUTOR SHALL BE W ITH IN  
THE 
EXCLUSIVE JURISDICTION 
OF THE 
DIRECTOR 
GENERAL OF THE 
PDEA, W HICH 
SHALL BE 
FILED 
W ITH IN  A NON-EXTENDIBLE PERIOD OF FIFTEEN (1 5 ) 
DAYS FROM THE RECEIPT OF SUCH RESOLUTION. SUCH 
MOTION 
FOR 
RECONSIDERATION 
MAY 
BE 
ENTERTAINED ONLY ON THE FOLLOWING GROUNDS:
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(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;


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(C) IF MADE PURELY ON QUESTIONS OF LAW;
(D) IF  
SERIOUS 
ERRORS 
IN  
THE 
FINDINGS 
OF 
PROBABLE 
CAUSE ARE 
RAISED W HICH 
WOULD 
CAUSE 
GRAVE 
OR 
IRREPARABLE 
DAMAGE 
OR 
INJURY TO THE ACCUSED/RESPONDENT.
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THE 
MOTION 
FOR 
RECONSIDERATION 
SHALL 
BE 
RESOLVED BY THE DIRECTOR GENERAL OF PDEA NOT 
LATER THAN THIRTY (3 0 ) DAYS AFTER THE FILING  OF 
THE LAST PLEADING ALLOWED BY LAW OR THE RULES.
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MOTIONS 
FOR 
RECONSIDERATION 
FROM 
THE
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RESOLUTION OF THE DIRECTOR GENERAL OF THE PDEA
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MAY LIKEWISE BE FILED WITH THE D03 SECRETARY
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WITHIN A NON-EXTENDIBLE PERIOD OF FIFTEEN (15)
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DAYS, WHICH MUST BE RESOLVED NOT LATER THAN
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THIRTY (30) DAYS FROM ITS FILING.
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Trial of the case under this Section shall be finished by the court
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not later than sixty (60) days from the date of the filing of the
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information. Decision on said cases shall be rendered within a
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period of fifteen (15) days from the date of submission of the
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case for resolution.
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Sec. 4. Separability Clause. -  If for any reason any section or provision of this
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Act, or any portion thereof, or the application of such section, provision or portion
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thereof to any person, group or circumstance is declared invalid or unconstitutional.


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the remainder of this Act shall not be affected by such declaration and shall remain in 
force and effect.
Sec. 5. Repealing Clause. -  All laws, decrees, orders, issuances, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed, amended, or modified accordingly.
Sec. 6. Effectivity. -  This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation.
Approved,