Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases
OCA Circular No. 112-05 outlines guidelines for Executive Judges and Presiding Judges of special courts handling drug cases in the Philippines, following a Supreme Court resolution. It specifies that only designated special courts can hear violations of the Comprehensive Dangerous Drugs Act (R.A. No. 9165) and mandates that drug cases must be resolved within strict timeframes—60 days for trial and 15 days for decisions. While these courts can hear non-drug cases, they remain exempt from the regular case raffle until further notice. If a drug court's caseload allows for it, judges may recommend their inclusion in the regular raffle, pending Supreme Court approval. Existing guidelines under A.M. No. 00-08-01-SC remain applicable as long as they do not conflict with this new resolution.
Quick Answers
- What is Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases about?
- OCA Circular No. 112-05 outlines guidelines for Executive Judges and Presiding Judges of special courts handling drug cases in the Philippines, following a Supreme Court resolution. It specifies that only designated special courts can hear violations of the Comprehensive Dangerous Drugs Act (R.A. No. 9165) and mandates that drug cases must be resolved within strict timeframes—60 days for trial and 15 days for decisions. While these courts can hear non-drug cases, they remain exempt from the regular case raffle until further notice. If a drug court's caseload allows for it, judges may recommend their inclusion in the regular raffle, pending Supreme Court approval. Existing guidelines under A.M. No. 00-08-01-SC remain applicable as long as they do not conflict with this new resolution.
- What type of law is OCA Circular No. 112-05?
- Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases (OCA Circular No. 112-05) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases enacted?
- Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases (OCA Circular No. 112-05) was enacted on Oct 25, 2005.
- What is the citation for Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases?
- Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases, OCA Circular No. 112-05, Oct 25, 2005 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 112-05
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 25, 2005
OCA CIRCULAR NO. 112-05
| TO | : | All Executive Judges and Presiding Judges of Special Courts for Drug Cases |
| SUBJECT | : | Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases |
The Supreme Court En Banc in its Resolution dated 11 October 2005, in A.M. No. 05-9-03-SC, RE: REQUEST FOR CLARIFICATION ON WHETHER DRUG COURTS SHOULD BE INCLUDED IN THE REGULAR RAFFLE, provided the following guidelines to be observed by the Executive Judges and Presiding Judges of special courts for drug cases, to wit:
1. Pursuant to Section 90 of R.A. No. 9165, only courts designated by this Court as a special court for drug cases can take cognizance of violations of R.A. No. 9165.
2. Drug courts shall strictly adhere to the periods imposed on them under Section 90 of R.A. No. 9165. Trial of all drug cases assigned to them shall be terminated within 60 days from the filing of the information. Decisions on these cases shall be rendered within 15 days from the date of submission of the case for resolution.
3. While special courts for drug cases are not prohibited from hearing non-drug related cases, Executive Judges shall continue to exempt them from the regular raffle, i.e., from the raffle of cases which do not involve violations of R.A. No. 9165, until further orders from this court. DACIHc
4. If, in the opinion of the Executive Judges, the caseload of certain drug courts allows their inclusion in the regular raffle without adversely affecting their ability to expeditiously resolve the drug cases assigned to them and their inclusion in the regular raffle becomes necessary to decongest the caseload of other branches, the concerned Executive Judges shall recommend to this Court the inclusion of drug courts in their jurisdiction in the regular raffle. The concerned drug courts shall remain exempt from the regular raffle until the recommendation is approved.
5. The guidelines provided under A.M. No. 00-08-01-SC shall continue to remain in force and effect insofar as they are not inconsistent with this resolution.
For the information and guidance of all concerned.
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Cite This Law
Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases, OCA Circular No. 112-05, Oct 25, 2005 (Philippines)
Guidelines to be Observed by the Executive Judges and Presiding Judges of Special Courts for Drug Cases, OCA Circular No. 112-05 (Phil. 2005)
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