FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 2912 
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JUL 25 e 7 :03 
INTRODUCED BY SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The trafficking of illegal drugs remained as one of the principal sources of criminal 
activities in the Philippines. There is a substantial increase in foreign organized criminal 
activities involving illegal drugs operating in our country from China, Hong Kong and 
Taiwan. This alarming situation is attributed to the lack of jurisdiction of our courts and 
low conviction rates for drug cases. 
Based on the records of the Dangerous Drugs Board (DO B), 8% of drug cases 
are dismissed before going to trial, 7% result in conviction, 8% result in acquittal, and 
76% remain unresolved. 
Despite serious efforts of the Philippine government to address these problems, 
the lack of law enforcement resources, the slow pace of judicial and investigative 
reforms, together with a lack of inter-agency cooperation continue to hamper 
government efforts to investigate and prosecute high echelons of drug trafficking 
organization operating in the country. 
This bill seeks to address this problem by establishing an Office of the Special 
Prosecutor on Dangerous Drugs to speed up judicial processes in narcotic-related 
cases. It would have an exclusive jurisdiction over drug cases and be independent of 
political influence. It will handle the prosecution of all drug-lords and big-time traffickers 
as well as top government, police and military officials linked to drug corruption. 
As such, the immediate passage of this bill is earnestly prayed for, 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 2912 
) 
) 
) 
'11 
JUL 25 P7 :03 
INTRODUCED BY SENATOR JINGGOY EJERCITO ESTRADA 
AN ACT 
ESTABLISHING THE OFFICE OF THE SPECIAL PROSECUTOR FOR DANGEROUS 
DRUGS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Declaration of Policy -
It is the declared policy of the State to 
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maintain peace and order, protect the life, liberty and property and promote the general 
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welfare of all its people. Pursuant thereto, the State shall provide government with a 
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prinCipal law agency which shall be its chief prosecution arm for dangerous drugs and 
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dangerous drugs trade. 
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SEC. 2. Creation of the Office of the Special Prosecutor for Dangerous 
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Drugs. - There is hereby created an independent and autonomous Office of the Special 
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Prosecutor for Dangerous Drugs attached to the Office of the President. 
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SEC. 3. Organizational Structure. - The Office of the Special Prosecutor for 
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Dangerous Drugs, hereinafter cited as OSPDD, shall be headed by the Special 
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Prosecutor for Dangerous Drugs, who shall be the chief prosecutor of the Government 
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for dangerous drugs. 
The Special Prosecutor for Dangerous Drugs shall have the 
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authority and responsibility for the exercise of the office's mandate and for the discharge 
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of its duties and functions, and shall have supervision and control over the Office. 
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The Special Prosecutor for Dangerous Drugs shall be assisted by twelve (12) 
Deputy Prosecutors for Dangerous Drugs, twenty-four (24) Assistant State Prosecutors 
for Dangerous Drugs and such number of administrative personnel as may be 
necessary to operate the Office. 
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SEC. 4. Coverage -
The OSPDD shall be the chief prosecution arm of the 
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Government for dangerous drugs, dangerous drugs trade, violations of Republic Act No. 
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9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2001, and shall 
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cover the following: 
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1. Drug traffickers belonging to the category Level III and above as defined by 
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the Philippine Drug Enforcement Agency (PDEA): 
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2. Public officials charged with violations of Comprehensive Dangerous Drugs 
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Act belonging to the rank of: 
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a) Police Superintendent and above; 
b) Municipal and city chiefs of police, provincial director, district director, 
regional director, group directors and above irrespective of police rank; 
c) Lieutenant Colonel or Navy Commander and above of the Armed 
Forces of the Philippines; 
d) Prosecutors and judges and other members of the Judiciary of all 
levels; 
e) Elected officials from the position of municipal councilors and above; 
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Civil service officials from salary grade level 24; and 
g) All public officials irrespective of rank, whether in the Dangerous Drugs 
Board (DDB), PDEA, AFP, PNP, or other law enforcement and other 
government agencies, including local governments, whose principal 
duty is to enforce the Comprehensive Dangerous Drugs Act. 
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SEC. 5. Powers and Functions - The OSPDD shall have the following powers: 
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1. To investigate, initiate court action, or in any manner proceed against any 
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person, corporation or firm which may be or is involved in the dangerous drug 
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trade; 
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2. To represent the Government in the Supreme Court and the Court of Appeals 
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in all criminal cases on dangerous drugs and drug-related proceedings 
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pursuant to Section 4 of this Act; 
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3. To coordinate and exchange information with the PDEA, Philippine National 
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Police, Dangerous Drugs Board, the National Bureau of Investigation, and the 
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Armed Forces of the Philippines on dangerous drugs tra'de; 
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4. To apply from a proper court for a temporary restraining order effective for 
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sixty (60) days without notice or opportunity for a hearing before, during, or 
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after the filing of the information directing the defendant or any person acting 
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on his behalf to desist from disposing and to preserve the availability of the 
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property for forfeiture upon due demonstration that there is probable cause to 
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believe that the property will be subject to forfeiture and the provision of 
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notice will jeopardize the availability of the property for forfeiture; 
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5. To seize, upon the judgment of conviction by the court, all properties so 
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ordered forfeited; Provided that. the judgment of forfeiture in the original case 
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shall be without prejudice to the right of the government to initiate further 
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forfeiture proceedings on properties of the accused which may later be 
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discovered as part of the proceeds of the commission of the crime; 
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6. To administer oaths, and issue subpoenas reqUiring the attendance and 
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testimony of witnesses and / or the production of such books, papers, 
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contracts, records, statement of accounts, and other documents as may be 
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material to the investigation conducted by the OSPDD; 
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7. To hold any person in direct or indirect contempt and impose appropriate 
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penalties following the same procedures and penalties provided in the Rules 
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of Court; 
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8. To seek and secure the assistance of any office, agency, or instrumentality of 
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the government; 
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9. To promulgate such rules and regulations as may be necessary to carry out 
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the purposes of this Act; 
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10.To represent the Republic of the Philippines in international drug litigation, 
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negotiations, or conferences where the legal position of the Republic must be 
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defended or presented; and 
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11. Perform such other functions as may be provided by law. 
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SEC. 6. Appointments. - The Special Prosecutor for Dangerous Drugs shall be 
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appointed by the President and shall have the qualification for appointment, rank, 
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prerogatives, and privileges of a Department Undersecretary. The Special Prosecutor 
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for Dangerous Drugs must have no political affiliation nor any involvement, direct or 
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indirect, in partisan politics. 
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The Deputy Prosecutors for Dangerous Drugs and other prosecutors for 
Dangerous Drugs shall be appointed by the President upon recommendation of the 
Special Prosecutor for Dangerous Drugs. 
The Deputy Prosecutors for Dangerous 
Drugs and prosecutors for Dangerous Drugs shall have the qualification for 
appointment, rank, prerogatives and privileges of a Chief State Prosecutor and 
Assistant Chief State Prosecutor. 
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The administrative personnel in the Office of the Special State Prosecutor for 
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Dangerous Drugs shall be appointed by the Special Prosecutor for Dangerous Drugs. 
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SEC. 7. Term of Office; Ban on Elective Office. -
The Special Prosecutor for 
Dangerous Drugs and the Deputy Prosecutors for Dangerous drugs shall serve for a 
fixed term of six (6) years. 
The Special Prosecutor for Dangerous Drugs, Deputy 
Prosecutors for Dangerous Drugs, and Prosecutors for Dangerous Drugs are banned 
from running for any elective position for one (1) years after his I her terms of office, 
completed or otherwise. 
SEC. 8. Funding. -
The amount of Two Hundred Million Pesos (Php 
200,000,000.00) shall be included in the General Appropriations Act of the year 
following its enactment into law and thereafter. 
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SEC. 9. Separability Clause. - If any part or provision of this Act is held invalid 
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or unconstitutional, the other parts or provisions hereof shall remain valid and effective. 
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SEC. 10. Repealing Clause - All laws, decrees, executive orders, rules and 
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regulations, ordinances, and other issuances, or parts thereof, which are inconsistent 
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with this Act are hereby repealed or modified accordingly. 
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SEC. 11. Effectivity - This Act shall take effect upon its publication in at least 
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two (2) national newspapers of general circulation. 
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Approved, 
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