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EN BANC

[A.M. No. 00-8-01-SC. August 1, 2000

RESOLUTION DESIGNATING CERTAIN BRANCHES OF THE REGIONAL TRIAL COURTS AS SPECIAL COURTS FOR DRUGS CASES REGARDLESS OF THE QUANTITY OF THE DRUGS INVOLVED

WHEREAS, public policy and public interest demand that criminal cases involving violations of the Dangerous Drugs Act of 1972 (R.A. No. 6435), as amended, be expeditiously resolved;

WHEREAS, presently, drugs cases where the imposable penalty is Reclusion Perpetua to death are assigned to designated heinous crimes courts while some drugs cases where the imposable penalty is lower than death are assigned to the following branches of the Regional Trial Courts:

WHEREAS, due to the alarming drug menace in the country, it is the consensus of many that the designation of certain branches of the Regional Trial Courts as Special Courts to try and decide drug cases regardless of the quantity of the drugs involved may immediately address the problem of delay in the resolution of drugs cases.

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 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, regardless of the quantity of the drugs involved.

The following guidelines shall be adopted by the designated courts:

(1).... The Judges of all branches of the RTCs stationed in the above-mentioned courts 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. 6425), as amended. 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 information for violations of the Dangerous Drugs Act, as amended, 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 can be 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.

(11).... The Branches herein designated as Special Courts which were previously designated as heinous crime courts shall no longer handle cases covered under Administrative Order No. 104-96 of 21 October 1996 as amended by Circular No. 31-97 of 15 May 1997.

This Resolution amends Administrative Order No. 104-96 of 21 October 1996, as amended by Circular No. 31-97 of 15 May 1997, Administrative Order No. 47-97 dated 19 March 1997, Administrative Order No. 77-97 dated 25 July 1997, En Banc Resolution of 3 August 1999 in A.M. No. 99-7-20-SC, and En Banc Resolution of 22 November 1999 in A.M. No. 99-11-02-SC.

This Resolution shall take effect on the first day of September 2000, and shall be published in a newspaper of general circulation in the Philippines not later than 15 August 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 & 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 first day of August 2000.

Davide, Jr., C.J., Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, and De Leon, Jr., JJ., concur.