Court Resolution Dated 04 June 2013 in A.M. No. 03-8-02-SC

July 2, 2013

OCA CIRCULAR NO. 87-13

 

In the 04 June 2013 Resolution of the Honorable Court En Banc, in A.M. No. 03-8-02-SC (Re: Guidelines on the Selection and Appointment of Executive Judges and Defining Their Powers, Prerogatives and Duties), the Court Resolved, upon the recommendation of the Office of the Court Administrator, to:

(a) INCLUDE the Philippine Drug Enforcement Agency (PDEA) in the list of agencies authorized to file applications for search warrants involving violations of the Comprehensive Dangerous Drugs Act of 2002 in the RTCs of Manila and Quezon City; and

(b) AMEND Section 12, Chapter V of A.M. No. 03-8-02-SC dated 27 January 2004, to read as follows:

Chapter V

Specific Powers, Prerogatives and Duties of Executive Judges in Judicial Supervision

xxx xxx xxx

Sec. 12. Issuance of search warrants in special criminal cases by the Regional Trial Courts of Manila and Quezon City. — The Executive Judges and, whenever they are on official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTCs of Manila and Quezon City shall have authority to act on applications filed by the National Bureau of Investigation (NBI), the Philippine National Police (PNP), the Anti-Crime Task Force (ACTAF), and the Philippine Drug Enforcement Agency (PDEA), for search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, as amended, and other relevant laws that may hereafter be enacted by Congress, and included herein by the Supreme Court. EcTDCI

The applications shall be personally endorsed by the heads of such agencies and shall particularly describe therein the places to be searched and/or the property or things to be seized as prescribed in the Rules of Court. The Executive Judges and Vice-Executive Judges concerned shall issue the warrants, if justified, which may be served in the places outside the territorial jurisdiction of the said courts.

The Executive Judges and the authorized Judges shall keep a special docket book listing names of Judges to whom the applications are assigned, the details of the applications and the results of the searches and seizures made pursuant to the warrants issued.

This Section shall be an exception to Section 2 of Rule 126 of the Rules of Court. (Amendment emphasized)

For your information, guidance and strict compliance.

 

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator