Republic of the Philippines Sage
HOUSE OF REPRESENTATIVES

Quezon City

SIXTEENTH CONGRESS.
First Regular Session

House eitino, 2746

Introduced by

HON. GUS S, TAMBUNTING

EXPLANATORY NOTE

The addiction to illegal drugs has been a continuous battle of all citizens, Not only do
illegal drugs destroy the physical and mental state of our citizen. In our dedication to fight
the evil of illegal drugs, we have legislated the Comprehensive Dangerous Drugs Act of 2or
Republic Act No. 9165.

However, comes with the law is a volume of apprehensions and prosecutions in
relation to the violation of RA 9165. Notwithstanding the limited number of courts in our
country, the Judiciary managed to appoint certain courts as drugs court, But this does not
solve the problem in docket and disposal of cases in the courts. It still bears the problem of
congestion in courts thereby the speedy disposition of cases such as drugs cases had been
taking a toll to our justice system.

Hence, this measure is 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 to RA 9165,

‘This measure had been filed during the Fifteenth Congress and presently filed by the
Hon. Vicente “Tito” Sotto III in the Senate of the Philippines of the Sixteenth Congress,

Hence, the passage of this bill is earnestly sought

GUS Ss. TAMBI iG
2 District, Paranaque City

a ~
P2015:

4


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._2'2746,

Introduced by

HON, GUS 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; Qualifications; 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 Appeal, possessing all the inherent powers of a Court of Justice, and shall consist of,
ighteen (18) Executive Justices each for NCR, Region I, Region II, Region Il, Region IV-A,
Region IV-B, Region V, Region VI, Region Vil, Region Vill, Region IX, Region x, Region XI,
Region XI, Region XIll, CAR and ARMM, respectively, and 402 Associate Justices.

The President of the Philippines shall have the power to appoint the Executive Justices 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
appointments 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 other benefits as
those provided for under existing laws for Associate ,ustices 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 Justices 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,
Justices. The divisions shall have thei

through ONE HUNDRED FORTY (140) divisions, each division composed of three (3)
respective seats for Dangerous Drugs Cases coming

from the following Regions:

a)

b)

fl

8)

h)

NCR: Two (2) divisions each for the Local Government Units of Caloocan City, Las
Pinas City, Makati City, Malabon City, Mandaluyong City, Manila, Marikina City,
Muntinlupa City, Navotas City, Paraiiaque City, Pasay City, Pasig City, Pateros,
Quezon City, San Juan City, Taguig City, Valenzuela City;

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

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

Region III: One (1) Division each for the Local Government Units of Angeles City,
Aurora, Bataan, Bulacan, Nueva Ecija, Olongapo City, Pam pang a, Tarlac, Zambales;
Region IV-A: One (1) Division each for the Local Government Units of Batangas,
Cavite, Laguna, Lucena City, Quezon, Rizal;

Region IV-8: One (1) Division each for the Local Government Units of Marinduque,
Occidental, Mindoro, Oriental Mindoro, Palawan, Puerto Princesa City, Romblon;
Region V: One (1) Division each for the Local Government Units of Albay, Cainarines
Norte, Camarines Sur, Catanduanes, Masbate, Naga City, Sorsogon;

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

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

Two (2) divisions for Cebu City;

Region Vill: One (1) Division each for the Local Government Units of Biliran, Eastern
Samar, Leyte, Northern Samar, Ormoc City, Samar, Southern Leyte, Tacloban City;
Region IX: One (1) Division each for the Local Government Units of Isabela City,
Zamboanga City, Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay;
Region X: One (1) Division each for the Local Government Units of Bukidnon,
Camiguin, lligan City, Lanao del Norte, Misamis Occidental, Misamis Oriental;

Two (2) Divisions for Cagayan de Oro City;

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

Two (2) Divisions for Davao City;



4) 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 Xill: One (1) Division each for the Local Government Units of Agusan del
Norte, Agusan del Sur, Butuan City, Dinagat Islands, Surigao del Norte, Surigao del
Sur;

8) 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 designate 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 or cases assigned thereto.

The concurrence of two (2) Justices of a division shall be necessary for the pronouncement
of a decision or final resolution for 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
appointm.ent, 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.

c. 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 a DOC 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).

d. 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 the Supreme Court. e. The Drugs Court may



impose the Death Penalty only in accordance with the Act ‘in appropriate cases,
notwithstanding RA 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 provisions 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 exercised by one (I) Chief Dangerous Drugs Division Prosecutor for each
DOC division, who shall be assisted by two (2) Deputy Chief Dangerous Drugs Division
Prosecutors per DDC 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 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 Regional Prosecutors.

The Deputy Chief Dangerous Drugs Division Prosecutors shall have the 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 ather benefits as
those provided for under existing laws for Deputy Regional Prosecutors.

Dangerous Drugs Division Prosecutors shall have the 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 and the Dangerous Drugs Division Prosecutors collectively, "the Dangerous
Drugs Prosecutors" mentioned in the preceding paragraph shall have the authority to
administer oaths, to issue subpoena and subpoena duces tecum, summon and compel
witnesses to appear and testify under oath before them and to bring books, documents or


other things under their 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 or 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 the 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 - All 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 of any final order or decision may be filed within fifteen (15) days from
promulgation or notice of the final order or judgment, and such motion for reconsideration
shall be decided within thirty (30) days from submission thereon. Decisions and final orders
of the DOC 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.



Judgments 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 on 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 designate, 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, traveling 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 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 of 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 DDG, its divisions and Justices, and personnel, as well as the Dangerous
Drugs prosecutors, the PDEA, PNP, NBI and the AFP all in coordination, are hereby directed
to post 24-hour security personnel for each division of the 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 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 or 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,