EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
j 
F irst R egular Session 
}
1.
S 
E N A T 
SB No. 
^
'19 JUL-1 A 9:42
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INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
CREATING A SPECIAL COURT TO BE KNOWN 
AS THE "DANGEROUS DRUGS COURT" AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In the country's continued crusade against dangerous drugs, RA 
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 RA 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, give more teeth to the continued fight against the 
menace of dangerous drugs plaguing the 001111117.
VICENTE/C. SOTTO III


EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R egular Session 
}
S E N A T E  
SB N o .____4 _
: 
- • '  
4t'
' 
(£>(i i. cl ■ i,-.* 1 1
i9 
JUL-1 
A 9:42
INTRODUCED BY SENATOR VICENTE C. SOTTO III
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 assetnbJcd:
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SECTION 1. Court; ^Justices; Q ualifications; Salary; Tenure. -
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There is hereby created a Dangerous Drugs Court (DDC) which shall be of
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the same level as the Sandiganbayan and the Court of Appeal, possessing all
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the inherent powers of a Court of Justice, and shall consist of Eighteen (18)
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Executive ,Justices each for NCR, Region I, Region II, Region III, Region IV-
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A, Region IV-B, Region V, Region VI, Region VII, Region VIII, Region IX,
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Region X, Region XI, Region XII, Region XIII, CAR and ARMM, respectively,
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and 402 Associate Justices. The President of the Philippines shall have the
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power to appoint the E.xecutive Justices and the Associate Justices The
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E.xecutive Justices shall be so designated in his appointment, and the
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Associate Justices shall have precedence according to the date of their
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respective appointments, or when the appointments of two (2) or more of
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them shall bear the same date, according to the order in which their
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appointments were issued by the President. They shall have the same
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qualifications, rank, categoiy, salar>% emoluments and other privileges, be
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subject to the same inhibitions and disqualifications, and enjoy the same
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retirements and other benefits as those provided for under existing laws for
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Associate ,Justices of the Court of Appeals,


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Whenever the salaries of the Presiding Justice and the Associate
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Justices of the Court of Appeals ai'e increased, such increases in salaries
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shall be deemed correspondingly extended to and enjoyed by the Executive
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Justices and Associate Justices of the DDC.
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The Executive Justices and Associate Justices shall hold office during
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good behavior, until they reach the age of seventy (70), or become
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incapacitated to discharge the duties of their office, unless sooner removed
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for the same causes and in the same manner provided by law for members
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of the judiciaiy of equivalent rank.
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SECTION 2. Divisions. - The Dangerous Drugs Court shall exercise
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its powers, functions, and duties, through ONE HUNDRED FORTY (140)
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divisions, each division composed of three (3) Justices. The divisions shall
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have their respective seats for Dangerous Drugs Cases coming from the
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following Regions:
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NCR: Two (2) divisions each for the Local Government
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Units of Caloocan City, Las Pinas City, Makati City,
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Malabon City, Mandaluyong City, Manila, Marikina City,
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Muntinlupa City, Navotas City, Paraiiaque City, Pasay
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City, Pasig City, Pateros, Quezon City, San Juan City,
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Taguig City, Valenzuela City;
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Region 1: One (1) Division each for each for the Local
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Government Units of Dagupan City, I locos Norte, llocos
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Sur, La Union, Pangasinan;
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Region 11: One (1) Division each the Local Government
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Units of Batanes, Cagayan, Isabela, Nueva Vizcaya,
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Quirino, Santiago City;
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Region 111: One (1) Division each for the Local Government
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Units of Angeles City, Aurora, Bataan, Bulacan, Nueva
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Ecija, Olongapo City, Pampanga, Tarlac, Zambales;
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Region IV-A: One (1) Division each for the Local
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Government Units of Batangas, Cavite, Laguna, Lucena
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City, Quezon, Rizal;


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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 Aldan, Antique, Bacolod City, Capiz, Guimaras, 
Iloilo, Iloilo 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 
VIII: 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 XII: One (1) Division each for the Local
Government Units of Cotabato, Cotabato City, General 
Santos City, Sarangani, South Cotabato, Sultan Kudarat;


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Region XIII; One (1) Division each for the Local
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Government Units of Agusan del Norte,- Agusan del Sur,
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Butuan City, Dinagat Islands, Surigao del Norte, Surigao
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del Sur;
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CAR: One (1) Division each for the Local Government
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Units of Abra, Apavao, Baguio City, Benguet, Ifugao,
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Kalinga, Mountain Province;
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ARMM: One (1) Division each for the Local Government
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Units of Basilan (excluding Isabela City), Lanao del Sur,
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Maguindanao, Sulu, Tawi-Tawi;
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SECTION 3. Quorum; Vacancy; Decisions/Resolutions. - Three
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Justices shall constitute a quorum for sessions in the divisions: Provided,
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That when the required quorum for a particular division cannot be had due
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to the legal disqualification or temporary disability of a Justice or of a
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vacancy occurring therein, the Executive Justice of the Region where the
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affected division belongs may designate any Associate Justice of the
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Dangerous Drugs Court, to be determined by strict rotation on the basis of
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the reverse order of precedence, to sit as a special member of said affected
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division with all the rights and prerogatives of a regular member of said
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division in the trial and determination of a case or cases assigned thereto.
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The concurrence of two (2) Justices of a division shall be necessary for
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the pronouncement of a decision or final resolution for cases or matter
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heard by the division, which shall be reached in consultation before the
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writing of the opinion by any concurring member of the division.
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SECTION 4. Jurisdiction. - The Dangerous Drugs Court (DDC) shall
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e.xercise original jurisdiction on all cases involving:
27 
a. All violations of Republic Act No. 9165, otherwise known as
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"The Comprehensive Dangerous Drugs Act of 2002" ("The Act"),
29 
including violations of the Act made by minors. Minor offenders
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of the Act shall be prosecuted in accordance with the Act,
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existing laws and Supreme Court rules.
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b. All violations of Republic Act No. 9165, othei-wise known as
33 
"The Comprehensive Dangerous Drugs Act of 2002" ("The Act")


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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 
othenvise known as the Anti-Graft Corrupt Practices Act, 
Republic Act No. 1379, and Chapter 11, Section 2, Title Vll 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 primaiy 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 e.xercise the inherent powers of a Court of 
Justice to issue search wariants 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


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warrants and warrants of ai'rest with respect to violations of the
2 
Act.
3 
The SC in consultation with the appropriate law enforcement
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agencies shall promulgate the rules with respect to search and
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seizure in cases cognizable by the DDC. In the meantime, the
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applicable laws and rules will apply, except if inconsistent with
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this Act.
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Section 21 of the Act with respect to Custody and Disposition of
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Confiscated, Seized, and/or Surrendered Dangerous Drugs,
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Plant Sources of Dangerous Drugs, Controlled Precursors and
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Essential 
Chemicals, 
Instrumenls/Paraphernalia and/ 
or
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Laboratoiy Equipment is hereby amended such that all mention
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of "the Court" in that section, shall mean and pertain to the
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Dangerous Drugs Court (DDC).
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d. The Dangerous Drugs Court shall have exclusive original
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jurisdiction over petitions for the issuance of the writs of
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mandamus, prohibition, certiorari, habeas corpus injunction,
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amparo, habeas data and other ancillary writs and processes in
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aid of its jurisdiction. Provided, that the jurisdiction over these
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petitions shall not be exclusive of the Supreme Court.
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e. The Drugs Court may impose the Death Penalty only in
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accordance with the Act ’in appropriate cases, notwithstanding
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RA 9346, otherwise known as "An Act title Imposition of Death
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Penalty in the Philippines". In case the penalty imposed is death
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in accordance with the Act, review by the Supreme Court shall
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be automatic, whether or not the accused filed an appeal. 'The
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Supreme Court shall be consulted about this provision before it
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becomes final.
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SECTION 5. Prosecution Team. - The provisions of any law or rule to
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the contraiy notwithstanding, the direction and control of the prosecution of
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cases mentioned in Section 4 hereof, shall be exercised by one (1) Chief
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Dangerous Drugs Division Prosecutor for each DDC division, who shall be
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assisted by two (2) Deputy Chief Dangerous Drugs Division Prosecutors per


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DDC division and two (2) Senior Assistant Dangerous Drugs Division
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Prosecutors who shall all be appointed by the President of the Philippines.
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The Chief Dangerous Drugs Division Prosecutors shall have the same
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qualifications, rank, categoiy, salaiy, emoluments and other privileges, be
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subject to the same inhibitions and disqualifications, and enjoy the same
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retirements and other benefits as those provided for under existing laws for
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Regional Prosecutors.
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The Deputy Chief Dangerous Drugs Division Prosecutors shall have
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the same qualifications, rank, category, salaiy, emoluments and other
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privileges, be subject to the same inhibitions and disqualifications, and
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enjoy the same retirements and other benefits as those provided for under
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existing laws for Deputy Regional Prosecutors.
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Dangerous Drugs Division 
Prosecutors shall have the same
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qualifications, rank, categoiy, salaiy, emoluments and other privileges, be
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subject to the same inhibitions and disqualifications, and enjoy the same
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retirements and other benefits as those provided for under existing laws for
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Senior Assistant Regional Prosecutors.
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The Chief Dangerous Drugs Division Prosecutors, the Deputy Chief
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Dangerous Drugs Division Prosecutors and the Dangerous Drugs Division
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Prosecutors shall have exclusive authority to conduct preliminary
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investigations of all complaints filed with the Dangerous Drugs Court, to file
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information and conduct the prosecution of all cases; Provided, that the
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Secretary of Justice may designate any lawyer in the government seiwice as
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Dangerous Drugs Division Prosecutor or special counsel to assist the Chief
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Dangerous 
Drugs 
Division 
Prosecutors 
in 
conducting 
preliminary
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investigations and prosecuting cases before the Dangerous Drugs Court.
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The Chief Dangerous Drugs Division Prosecutors, the Deputy Chief
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Dangerous Drugs Division Prosecutors and the Dangerous Drugs Division
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Prosecutors collectively, "the Dangerous Drugs Prosecutors" mentioned in
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the preceding paragraph shall have the authority to administer oaths, to
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issue subpoena and subpoena duces tecum, summon and compel witnesses
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to appear and testify under oath before them and to bring books, documents
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or other things under their control and to secure the attendance or presence


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of any absent or recalcitrant witness through application before the DDC
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division or any Justice thereof, or before any inferior or superior court
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having jurisdiction of the place where the witness or evidence may be found.
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The Chief Dangerous Drugs Division Prosecutors and his assistants
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shall be directly under the control of the Secretaiy of Justice.
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In cases where the offender is a Public Officer, the Ombudsman and
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the Dangerous Drugs Prosecutors shall have concurrent jurisdiction except
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if the law or the Constitution vests exclusive jurisdiction in the
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Ombudsman. All mention of "prosecutors" in the provisions of the Act shall
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pertain to the Dangerous Drugs Prosecutors as provided herein.
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SECTION 6. Prelim inary Investigation; Trial. - The preliminary
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investigation of cases filed under the Act shall be terminated within a period
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of thirty (30) days from the date of their tiling.
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When the preliminary^ investigation is conducted by a Dangerous
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Drugs Prosecutor and probable cause is established, the corresponding
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information shall be filed in court within twenty-four (24) hours from the
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termination of the investigation. If the preliminaiy investigation is conducted
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by a judge and a probable cause is found to exist, the corresponding
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information shall be filed by the proper prosecutor within forty-eight (48)
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hours from the date of receipt of the records of the case.
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Trial of the case under Section 4 and Section 5 shall be finished by
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the DDC not later than Sixty (60) days from the dale of the filing of the
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information. Decision on said cases shall be rendered within a period of
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fifteen (15) days from the date of Submission of the case for resolution.
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SECTION 7. Form, Finality an d  Enforcem ent of Decisions. - All
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decisions and final orders determining the merits of a case or finally
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disposing of the action or proceedings of the DDC shall contain complete
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findings of the facts and the law on which they are based, on all issues
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properly raised before it and necessaiy in deciding the case. A motion for
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reconsideration of any final order- or decision may be filed within fifteen (15)
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days from promulgation or notice of the final order or judgment, and such
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motion for reconsideration shall be decided within thirty (30) days from
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submission thereon. Decisions and final orders of the DDC shall be


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appealable to the Supreme Court by petition for review on certiorari raising
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pure questions of law in accordance with Rule 45 of the Rules of Court.
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Whenever, in any case decided by the DDC, the penalty of life imprisonment,
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reclusion perpetua or higher is imposed, the decision shall be appealable to
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the Supreme Court in the manner prescribed in the Rules of Court. The
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Supreme Court shall be consulted with respect to this provision. Judgments
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and Orders of the DDC shall be executed and enforced in the manner
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provided by law.
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The Justices of the DDC shall each certify on their applications for
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leave, and upon salaiy vouchers presented by them for payment, or upon
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the payrolls under which their salaries are paid, that all proceedings,
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petitions and motions which have been submitted to the Court for
13 
determination or decision for a period required by the law or the
14 
Constitution, as the case may be, have been determined or decided by the
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Court on or before the date of making the certificate, and no leave shall be
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granted and no salary shall be paid without such certificate.
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SECTION 8. Rules of Procedure. - The Rules of Court promulgated
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by the Supreme Court shall ajiply to all cases and proceedings filed with the
19 
DDC in the meantime. The Supreme Court shall promulgate special rules of
20 
procedure which shall be applicable to the DDC within 30 days from the
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effectivity of this Act.
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The DDC shall have no power to promulgate its own rules of
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procedure, e.xcept to adopt internal rules governing the allotment of cases
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among the divisions, the rotation of Justices among them, and other matters
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relating to the internal operations of the court which shall be enforced until
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repealed or modified by the Supreme Court.
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SECTION 9. A dm inistrative Personnel. - Upon recommendation of
28 
the DDC, the Supreme Court may designate, from among the officers and
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employees under it, or appoint the personnel necessaiy for the DDC;
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Provided, however, that those merely designated shall not receive additional
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compensation, except per diems, traveling and necessaiy expenses in
32 
accordance with existing laws and rules.


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The Supreme Court shall appoint one (1) Clerk of Court for each of the
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DDC division. The Clerks of 
Court so appointed shall have the same
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qualifications, rank, categoiy, salaiy, emoluments and other privileges, be
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subject to the same inhibitions and disqualifications, and enjoy the same
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retirements and other benefits as those provided for under existing laws for
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Executive Clerks of Court of the Sandiganbayan.
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All subordinate employees of the DDC and all divisions thereof shall
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be governed by the provisions of the Civil Service Law; Provided, that the
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DDC division concerned, may, by resolution unanimously voted upon by
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three (3) of its Justices, remove any of them for cause.
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SECTION 10. Security. - In view of the sensitive nature of the
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functions and powers to be exercised by the DDC, its divisions and Justices,
13 
and personnel, as well as the Dangerous Drugs prosecutors, the PDEA, PNP,
14 
NBI and the APT all in coordination, are hereby directed to post 24-hour
15 
security personnel for each division of the DDC.
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SECTION 11. Transfer of Cases. - All cases cognizable by the DDC as
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herein provided, being heaixl in other courts, except those already submitted
18 
for decision/resolution, shall be transferred to the DDC.
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SECnON 12. Funding. - There is hereby immediately appropriated
20 
out of any funds in the National Treasuiy not othemivse appropriated, such
21 
sums as may be necessaiy to cany out the provisions of this Act and
22 
thereafter to 
be included 
in 
the general appropriation act: The
23 
appropriations for the DDC shall be automatically released in accordance
24 
with a schedule submitted by the DDC.
25 
SECI'ION 13. Repealing Clause. - Any provision of law, order, rule or
26 
regulation inconsistent with the provisions of this Act is hereby repealed or
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modified accordingly.
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SECTION 14. Effectivity Clause. - This Act shall take effect fifteen
29 
(15) days after the completion of its publication in at least two (2) national
30 
newspapers of general circulation.
Approved,
10