Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSEBILLNO3SOO

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

EXPLANATORY NOTE.

In the country’s continued crusade against dangerous drugs, R.A. 9165 or the
Dangerous Drugs Act of 2002 was enacted, Article XI of which provides for designation
of special courts from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of the Act.

Since the effectivity of the Act, the number of Dangerous Drugs cases filed, and
prosecutions for violations of its provisions have been steadily on the rise, clogging the
dockets of these specially designated Regional Trial Courts. A number of these cases
have remained pending for a long time. The speedy administration of justice has been
greatly prejudiced, impairing not only the resolution of these Dangerous Drugs cases,
but other equally important cases and matters pending in the specially designated
Regional Trial Courts.

There is now therefore an imperative need to create Special Collegiate
Dangerous Drugs Courts to sit in each geographical region of the Philippines. This bill is
intended to create such Courts. These Special Collegiate Dangerous Drugs Courts shall
have exclusive and original jurisdiction to try and hear violations of R.A. 9165 or the
Dangerous Drugs Act.

It is hoped that the creation of these Special Collegiate Drugs Courts will not only
help ease and unclog the dockets of the courts but more importantly, ie more teeth to
the continued fight against the menace of dangerous drugs plagui

GABRII ~ QUISUMBING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiLL.No._3500

Introduced by Hon. GABRIEL LUIS R. QUISUMBING.

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 I, Region I, Region
IIL, Region IV-A, Region IV-B, Region V, Region VI, Region VII, Region VIII, Region 1X,
Region X, Region XI, Region XII, Region XIII, 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 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 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,
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, Iloilo, Moilo City, Negros
Occidental;

Region VII: 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 Ci



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

Region XIII: 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 Government 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 Act while also violating other
laws such as Republic Act No. 3019, as amended, otherwise known as the
Anti-Graft and 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 a 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 the 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 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 Supeme 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 Philippine:

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 other
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 “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 a probable cause is found to exis
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 6. 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 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 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, reclusién 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 shalll 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 7. Rules of Procedure. — The Rules of Court promulgated by the Supreme
art 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 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 8. 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 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 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 9. 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 10. ‘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 11, 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 12. Repealing Clause. - Any provision of law, order, rule or regulation
inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

Section 13. 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.