Designation of Certain Branches of RTCs in Various Cities as Special Courts

November 22, 1999

A.M. No. 99-11-02-SC

RESOLUTION DESIGNATING CERTAIN BRANCHES OF THE REGIONAL TRIAL COURTS IN VARIOUS CITIES AS SPECIAL COURTS FOR DRUGS CASES WHERE THE IMPOSABLE PENALTY IS LOWER THAN DEATH

WHEREAS, under the Resolution of 3 August 1999 in A.M. No. 99-7-20-SC, Branch 10 of the Regional Trial Court of Cebu City was designated as a pilot Special Court for Drugs Cases where the imposable penalty is lower than death;

WHEREAS, there is an urgent need to designate some branches of Regional Trial Courts (RTCs) in other cities as Special Courts for drugs cases to expedite the disposition of cases involving violations of the Dangerous Drugs Act of 1972 (R.A. No. 6425), as amended;

NOW, THEREFORE, pursuant to Section 23 of B.P. Blg. 129, in the interest of speedy and efficient administration of justice, and subject to the guidelines hereinafter set forth, the following Branches of the RTCs are hereby designated as Special Courts for drugs cases, which shall hear and decide all criminal cases in their respective jurisdictions involving violations of the Dangerous Drugs Act of 1972 (R.A. No. 6425), as amended, where the imposable penalty is lower than death.

I. Manila: Branches 2 and 16

II. Quezon City: Branches 79 and 84

III. Makati City: Branches 65 and 135

IV. Pasig City: Branches 157 and 165

V. Kalookan City: Branch 120

VI. Baguio City: Branch 61

VII. Cagayan de Oro City: Branch 40

VIII. Davao City: Branch 9

The following guidelines shall be adopted by the designated courts:

(1) The Judges of all branches of the RTCs stationed in the above-mentioned cities shall make, within ten (10) days from receipt hereof, an inventory of all criminal cases involving violations of the Dangerous Drugs Act of 1972 (R.A. No. 6425), as amended, including those filed against minors while the Family Courts have not yet been constituted. The inventory shall indicate the case number; the date the information was filed; the date the accused was arraigned; and the status of each case, i.e., whether it is for arraignment, pre-trial, or decision. Copies of the inventory shall be furnished the Office of the Chief Justice, the Office of the Court Administrator, the Executive Judges of the RTCs concerned, and the Judges of the Branches herein designated.

(2) Drugs cases that have not yet reached the arraignment stage shall be transferred to the designated Special Courts, together with their corresponding records, which shall be duly receipted for by the Clerk of Court of the Branch concerned. The transfer shall be effected within thirty (30) days following the submission of an inventory. Those drug cases wherein the accused or any of them has already been arraigned shall continue to be heard by the respective branches to which they have been originally assigned and shall be given utmost priority.

(3) Prior to the effectivity of this Resolution, cases before the designated Special Courts other than drug cases, wherein trial has already begun, shall continue to be heard by such Special Courts. For purposes hereof, a criminal case is considered begun when the accused or any of them has already been arraigned.

(4) All informations for violations of the Dangerous Drugs Act, as amended, including those filed against minors, where the imposable penalty is lower than death which are filed after 2 January 2000 with the aforementioned RTCs shall forthwith be assigned to the designated Special Courts in their respective jurisdictions.

(5) The drugs cases referred to herein shall undergo mandatory continuous trial and shall be terminated within sixty (60) days from commencement of the trial. Judgment thereon shall be rendered within thirty (30) days from submission for decision unless a shorter period is provided by law or otherwise directed by this Court.

(6) No postponements or continuance shall be allowed except for meritorious reasons. Pleadings or motions found to have been filed for dilatory purposes shall constitute direct contempt and shall be punished accordingly.

(7) The Executive Judges of the RTCs concerned shall exclude these designated Special Courts from the raffle of other cases subsequent to the assignment or transfer to them of the drugs cases. The branches which shall have transferred drugs cases to the Special Courts shall be given appropriate replacements therefor through raffle. The Executive Judges of the RTCs concerned shall see to it that there shall be an equitable replacement of cases to the affected branches.

(8) In the event of inhibition of the judge of a designated Special Court, the following guidelines shall be observed: (a) where there is only one Special Court in the station, the inhibiting judge shall immediately furnish the Office of the Chief Justice of his Order of Inhibition in order that another judge is designated to preside over the case; and (b) where there are two Special Courts in the station, the Executive Judge shall immediately assign the case to the other Special Court, which shall, in turn, unload to the inhibiting judge a case from his docket.

(9) In case of temporary incapacity, absence or disability of the judge of the designated Special Court to perform his duties, the pairing system for multiple sala stations subject of Circular No. 19-98 dated February 18, 1998 shall apply.

(10) The Branches herein designated as Special Courts shall continue to perform their functions as such within the purview of this Resolution even after the retirement, transfer, or detail of the incumbent judges appointed or designated to preside over them. Their successors, whether permanent or temporary, shall act as Presiding Judges of these Special Courts unless the Supreme Court otherwise directs.

These guidelines shall apply to Branch 10 of the Regional Trial Court of Cebu City and modified, accordingly, the guidelines set forth in the Resolution of 3 August 1999 in A.M. No. 99-7-20-SC.

This Resolution shall take effect on 03 January 2000.

Let copies of this Resolution be furnished the Office of the Chief Justice; the Offices of the Associate Justices; the Office of the President; the Judicial and Bar Council; the Philippine Judicial Academy; the Office of the Court Administrator; the Office of the Clerk of Court of the Supreme Court; the Secretary of Justice; the Office of the Solicitor General; the Presidents of the Philippine Judges Association, the Philippine Trial Judges League, Inc. and the Metro and City Judges Association of the Philippines; and the Integrated Bar of the Philippines.

Approved this 22nd day of November, 1999.

(SGD.) HILARIO G. DAVIDE, JR.Chief Justice

(SGD.) JOSUE N. BELLOSILLOAssociate JusticeSupreme Court of the Philippines

(SGD.) REYNATO S. PUNOAssociate JusticeSupreme Court of the Philippines

 

(SGD.) SANTIAGO M. KAPUNANAssociate JusticeSupreme Court of the Philippines

(SGD.) ARTEMIO V. PANGANIBANAssociate JusticeSupreme Court of the Philippines

(SGD.) FIDEL P. PURISIMAAssociate JusticeSupreme Court of the Philippines

(SGD.) ARTURO B. BUENAAssociate JusticeSupreme Court of the Philippines

(SGD.) CONSUELO YNARES-SANTIAGOAssociate JusticeSupreme Court of the Philippines

(SGD.) JOSE A.R. MELOAssociate JusticeSupreme Court of the Philippines

(SGD.) JOSE C. VITUGAssociate JusticeSupreme Court of the Philippines

(SGD.) VICENTE V. MENDOZAAssociate JusticeSupreme Court of the Philippines

(SGD.) LEONARDO A. QUISUMBINGAssociate JusticeSupreme Court of the Philippines

(SGD.) BERNARDO P. PARDOAssociate JusticeSupreme Court of the Philippines

(SGD.) MINERVA P. GONZAGA-REYESAssociate JusticeSupreme Court of the Philippines

(SGD.) SABINO R. DE LEON, JR.Associate JusticeSupreme Court of the Philippines