NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
ikih Senate
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*22 AUG 18 P5 -13
SENATE
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
EXPANDING THE JURISDICTION OF THE PHILIPPINE DRUG 
ENFORCEMENT AGENCY, DEFINING THE PROSECUTORIAL POWERS 
PROVIDED THERETO, AND AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS 
DRUGS ACT OF 2002, AS AMENDED
EXPLANATORY NOTE
In recent years, drug-related cases have clogged the dockets of Philippine 
courts. Data from the National Prosecution Office of the Department of Justice 
would reveal that in 2017 the number of drug cases filed in court reached more than 
70,700. This alarming number is aggravated by all those other cases which the 
government failed to prosecute by reason of mismanagement or the lack or 
insufficiency of material resources to do so as well as allegations of graft and 
corruption in the conduct of investigations. What's even worst is that the 
prosecution success rate for drug cases remains the lowest as compared to 
prosecution of index crimes.
As the public's confidence in the justice system plays a vital role in 
maintaining a democratic State, it Is of paramount importance that drug-related 
offenses be prosecuted to its conclusion, lest we allow the country to be under the 
claws of narco-politics. The protection of the general welfare of the people 
necessitates the prevention and eradication of the proliferation of dangerous drugs 
which can only be achieved through an effective machinery of prosecuting and 
bringing to justice these drug-related offenders. However, by reason of the backlog


of cases and numerous complaints being filed with prosecutors, there results a delay 
in the administration of justice. Hence, the need of a specialized prosecuting arm for 
drug-related offenses.
For the purpose of carrying out its duties and powers, Section 83 of Republic 
Act 9165, otherwise known as the Dangerous Drugs Act of 2002, gave the Philippine 
Drug Enforcement Agency (PDEA) legal and prosecution services. Since the 
prosecution of drug-related offenses is already within the mandate of the PDEA, 
what is left to be done is to define the scope of its legal and prosecutorial powers, 
which this bill amending R.A. 9165 intends to do.
Providing for a machinery to quickly dispose of cases involving violations of 
the R.A. 9165 shall not only result in the immediate prosecution of the said offenses 
and the unclogging of court dockets but will most definitely redound to the benefit of 
the general welfare of the people and will restore the public's trust and confidence in 
our justice system.
By contrast, since Section 16 of the 1987 Constitution also provides that "All 
persons shall have the right to a speedy disposition of their cases before all judicial, 
quasi-judicial, or administrative bodies." any person accused of violating R.A. 9165 
shall be benefitted to this end by reason of the speedy administration of justice, thus 
striking a balance between protection of private rights and those of the general 
public.
Passage of this bill is therefore earnestly sought.
RAM(^ BONG REVILLA, JR.


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1216
S'fiin'C
of tlii' jS? : •:
*22 AUG 18 P5:13
Rl-CEIVED BY;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
EXPANDING THE JURISDICTION OF THE PHILIPPINE DRUG ENFORCEMENT 
AGENCY, DEFINING THE PROSECUTORIAL POWERS PROVIDED THERETO, 
AND AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165, OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS 
AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Section 82 of R.A. 9165, otherwise known as the Comprehensive
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Drugs Act of 2002, is hereby amended to read as follows:
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Sec. 82. Creation of the Philippine Drug Enforcement
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Agency (PDEA). - To carry out the provisions of this Act, the
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PDEA, which serves as the implementing arm of the Board, shall
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be responsible for the efficient and effective law enforcement of
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all the provisions on any dangerous drug and/or controlled
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precursor and essential chemical as provided in this Act.
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The PDEA shall be headed by a Director General with the rank of
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Undersecretary, who shall be responsible for the general
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administration and management of the Agency. The Director
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General of the PDEA shall be appointed by the President of the
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Philippines and shall perform such other duties that may be
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assigned to him/her. He/she must BE A MEMBER OF THE
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PHILIPPINE BAR AND MUST HAVE ENGAGED IN THE


PRACTICE OF LAW FOR AT LEAST TEN (10) YEARS, AND 
MUST possess adequate knowledge, training and experience in 
the field of dangerous drugs, and in any of the following fields: 
law enforcement, [law,] medicine, criminology, psychology or 
social work.
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The Director General of the PDEA shall be assisted in the 
performance of his/her duties and responsibilities by two (2) 
deputy director generals with the rank of Assistant Secretary; one 
for Operations and the other one for Administration. The two (2) 
deputy director generals shall likewise be appointed by the 
President of the Philippines upon recommendation of the Board. 
The two (2) deputy director generals shall possess the same 
qualifications as those of the Director General of the PDEA. The 
Director General and the two (2) deputy director generals shall 
receive the compensation and salaries as prescribed by law.
A SPECIAL PROSECUTOR'S OFFICE SHALL BE CREATED 
WHICH SHALL BE UNDER THE CONTROL AND 
SUPERVISION OF THE PDEA. THE SPECIAL 
PROSECUTOR'S OFFICE OF THE PDEA SHALL HAVE 
EXCLUSIVE JURISDICTION OVER CASES INVOLVING 
VIOLATIONS OF THIS ACT WHICH ARE NON-BAILABLE. 
FOR THIS PURPOSE, SPECIAL PROSECUTORS SHALL 
ALSO BE APPOINTED BY THE PRESIDENT OF 
PHILIPPINES UPON RECOMMENDATION BY THE BOARD. 
THE SPECIAL PROSECUTORS MUST BE A MEMBER OF THE 
PHILIPPINE BAR AND MUST HAVE ENGAGED IN THE 
PRACTICE OF LAW FOR AT LEAST FIVE (5) YEARS.
Sec. 2. Section 84 (h) of R.A. 9165 is also amended to read as follows:


Sec. 84. Powers and Duties of the PDEA. - The PDEA shall:
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(h) Prepare for prosecution or cause the filing of appropriate 
criminal and civil cases for violation of all laws on dangerous 
drugs, controlled precursors and essential chemicals, and other 
similar controlled substances, and assist, support and coordinate 
with other government agencies for the proper and effective 
prosecution of the same, PROVIDED, THAT THE PDEA 
SPECIAL PROSECUTORS OFFICE SHALL HAVE EXCLUSIVE 
JURISDICTION TO CONDUCT PRELIMINARY 
INVESTIGATION AND PROSECUTE VIOLATIONS OF THIS 
ACT IN CASES INVOLVING OFFENSES WHICH ARE NOT 
BAILABLE;
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Sec. 3. Section 90 of R.A. 9165 is likewise amended to read as follows:
Sec. 90. 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.
The DOJ shall designate special prosecutors to exclusively handle 
cases involving violations of this Act. IN CASES FALLING 
WITHIN THE EXCLUSIVE JURISDICTION OF THE PDEA 
SPECIAL PROSECUTORS, IT SHALL EXERCISE THE SAME 
POWERS AND FUNCTIONS AS THOSE OR AS MAY 
HEREINAFTER BE PROVIDED BY LAW, RULES AND 
REGULATIONS TO PUBLIC PROSECUTORS IN THE


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CONDUCT OF INVESTIGATIONS AND PROSECUTION OF 
OFFENSES WHICH ARE NON-BAILABLE.
The preliminary investigation of cases filed under this 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 public 
prosecutor OVER CASES WITHIN ITS JURISDICTION and a 
probable cause is established, the corresponding information shall 
be filed in court within twenty-four (24) hours from the 
termination of the investigation. WHEN THE PRELIMINARY 
INVESTIGATION IS CONDUCTED BY THE PDEA SPECIAL 
PROSECUTORS OVER OFFENSES WITHIN THEIR 
EXCLUSIVE JURISDICTION AND A PROBABLE CAUSE IS 
ESTABLISHED, IT SHALL FILE AN INFORMATION IN 
COURT WITHIN THE SAME PERIOD AS PROVIDED FOR 
PUBLIC PROSECUTORS. [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.]
MOTIONS FOR RECONSIDERATION OF RESOLUTIONS BY 
THE PDEA SPECIAL PROSECUTOR SHALL BE WITHIN THE 
EXCLUSIVE JURISDICTION OF THE DIRECTOR GENERAL 
OF THE PDEA, WHICH SHALL BE FILED WITHIN A NON­
EXTENDIBLE PERIOD OF FIFTEEN (15) DAYS FROM THE 
RECEIPT OF SUCH RESOLUTION. SUCH MOTION FOR 
RECONSIDERATION MAY BE ENTERTAINED ONLY ON THE 
FOLLOWING GROUNDS:


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(A) IF THERE IS PRIMA FACIE EVIDENCE OF ABUSE OF 
DISCRETION ON THE PART OF THE SPECIAL 
PROSECUTOR;
(B) IF THE RESOLUTION WAS RENDERED THROUGH 
FRAUD OR COERCION, INCLUDING GRAFT AND 
CORRUPTION;
(C) IF MADE PURELY ON QUESTIONS OF LAW;
(D) IF SERIOUS ERRORS IN THE FINDINGS OF PROBABLE 
CAUSE ARE RAISED WHICH WOULD CAUSE GRAVE OR 
IRREPARABLE DAMAGE OR INJURY TO THE 
ACCUSED/RESPONDENT.
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THE MOTION FOR RECONSIDERATION SHALL BE 
RESOLVED BY THE DIRECTOR GENERAL OF PDEA NOT 
LATER THAN THIRTY (30) DAYS AFTER THE FILING OF 
THE LAST PLEADING ALLOWED BY LAW OR THE RULES.
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MOTIONS FOR RECONSIDERATION FROM 
THE
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RESOLUTION OF THE DIRECTOR GENERAL OF THE PDEA
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MAY LIKEWISE BE FILED WITH THE DOJ SECRETARY
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WITHIN A NON-EXTENDIBLE PERIOD OF FIFTEEN (15)
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DAYS, WHICH MUST BE RESOLVED NOT LATER THAN
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THIRTY (30) DAYS FROM ITS FILING.
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Trial of the case under this Section shall be finished by the court
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not later than sixty (60) days from the date of the filing of the
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information. Decision on said cases shall be rendered within a
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period of fifteen (15) days from the date of submission of the
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case for resolution.
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Sec. 4. Separability Clause. - If for any reason any section or provision of this
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Act, or any portion thereof, or the application of such section, provision or portion
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thereof to any person, group or circumstance is declared invalid or unconstitutional, the
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remainder of this Act shall not be affected by such declaration and shall remain In force
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and effect.


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Sec. 5. Repealing Clause. - All laws, decrees, orders, issuances, rules and
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regulations or parts thereof inconsistent with the provisions of this Act are hereby
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repealed, amended, or modified accordingly.
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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,