Sixteenth Congress
Republic of the Philippines
First Regular Session

Introduced by Honorable Samuel D. Pagdilao

HOUSE BILL NO._2733
EXPLANATORY NOTE

Article XI, Section 90 of R.A. 9165 provides that “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.”

Pursuant to the policy of the State "to enhance further the efficacy of the law
against dangerous drugs," this Bill aims to create a Special Collegiate Dangerous
Drugs Court in every judicial region in the Philippines whose sole purpose is to
hear and resolve all drug related cases.

The creation of this Special Dangerous Drugs Court will be very crucial in the
State's campaign in eradicating illegal drug activities, but more importantly, will
help declog the docket in the judiciary.

Immediate approval of this bill is earnestly sought.

Pe

SAMUEL es conao


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2733

HOUSE BILL NO.

Introduced by HON. SAMUEL D. PAGDILAO.

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 Appeals, possessing all the inherent powers of a Court of Justice, and shall consist of
Eighteen (18) Executive Justices each for NCR, Region |, Region Il, Region Ili, Region IV-A,
Region IV-B, Region V, Region VI, Region Vil, Region Vill, Region IX, Region X, Region XI,
Region XII, Region Xlil, 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 shalll bear the same date,
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 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 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, 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:


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

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

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

Region Ill: One (1) division each for the Local Government Units of
Angeles City, Aurora, Bataan, Bulacan, Nueva Ecija, Olongapo City, Pampanga,
Tarlac, Zambales;

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

Region IV-B: 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,
Camarines Norte, Camarines Sur, Catanduanes, Masbate, Naga City, Sorsogon;

Region VI: One (1) division each for the Local Government Units of
Aklan, Antique, Bacolod City, Capiz, Guimaras, lloilo, Iloilo 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;

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

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,

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

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 otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act
No. 1379, and Chapter II, Section 2, Title VIl 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.

(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 DDC division shall have the
power to issue search 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 the area.

Conversely, only in extremely urgent cases and for compelling reasons such the
complete absence and unavailability of DDC Justices, the other Courts of Justice
may issue search 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 seizures 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 the Supreme Court.

(e) The Dangerous Drugs Court may impose the Death Penalty only in accordance
with the Act in appropriate cases, notwithstanding RA 9346 otherwise known as
“An Act prohibiting the 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 (1) Chief Dangerous Drugs Division Prosecutor for each DDC
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 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 shall have the same qualifications, rank,
cateogry, 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 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 “prosecutor(s)" 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 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 DDC 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. Forum, 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 DDC
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 the submission thereon.

Decisions and final orders of the DDC 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 DDC, 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 DDC shall be executed and enforced in the manner
provided by law.

The Justices of the DDC 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 DDC in the meantime.

The Supreme Court shall promulgate special rules of procedure which shall be
applicable to the DDC within thirty (30) days from the effectivity of this Act.

The DDC 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 DDC, the Supreme
Court may designate, from among the officers and employees under it, or appoint the personnel
necessary for the DDC, 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 DDC 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.

Alll subordinate employees of the DDC and all divisions thereof shall be governed by the
provisions of the Civil Service Law. Provided, that the DDC 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, the PDEA, PNP, NBI and the AFP all in coordination, are hereby directed to
post 24-hour security personnel for each division of the DDC.

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

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 DDC shall be automatically released in accordance with a schedule
submitted by the DDC.

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.