EN BANC

'-oomoao" " ...,@

G.R. No. 229781 (Senator Leila M. v. Hon. Juanita
Guerrero, etc., et al.).

Promulgated:

October 10, 2017

:x - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -~~0:..:-~

SEPARATE OPINION

PERALTA, J.:

I concur with the ponencia that the instant Petition for Certiorari and
Prohibition should be denied on the grounds of prematurity, forum shopping,
for being improperly verified, and for lack of merit.

However, in light of the novelty and the transcendental importance of

the jurisdictional issue raised by petitioner Senator Leila M. De Lima, I find
it necessary to go over the records of the deliberation in the Congress to
verify if the e:xclusive original jurisdiction of Regional Trial Courts (RTCs)
under Section 39 of Republic Act (R.A.) No. 6425,. or the Dangerous Drugs
Act of 1972, was carried over to Section 90 of R.A. No. 9165, as amended,
or the Comprehensive Dangerous Drugs Act of 2002. Since the legislature
clearly intended to confer to Regional Trial Courts e:xclusive original
jurisdiction over drug cases under R.A. No. 9165, respondent judge, the
Hon. Juanita T. Guerrero, should be ordered to resolve the motion to quash,
taking into account the discussion on the definition of conspiracy to commit
illegal drug trading, the principles in determining the sufficiency of an
information, and the remedies relative to motion to quash under Sections 4,
5 and 6, Rule 11 7 of the Rules of Court.

I also submit that respondent judge did not commit grave abuse of
discretion, amounting to lack or e:xcess of jurisdiction, when she issued the
warrant of arrest against petitioner despite the pendency of her motion to
quash, because there is no law, jurisprudence or rules of procedure which
requir~s her to first resolve a motion to quash before issuing a warrant of
arrest. Respondent judge should be ordered to resolve the pending motion to
quash in order to give her opportunity to correct the errors raised by

ur
petitioner.
Separate Opinion -2- G.R. No. 229781

On procedural grounds, I agree with the ponencia that the Petition for
Certiorari and Prohibition must be dismissed on the grounds of prematurity
and forum shopping, as well as for being improperly verified.

For one, petiti9ner Senator Leila M. De Lima failed to avail of the

plain, speedy and adequate remedies before the DOJ and the respondent
judge. During the Oral Arguments, it was conceded that before filing the
petition at bar, petitioner failed to avail of a wide array of remedies before
the DOJ and the respondent judge, such as: (1) filing of counter-affidavit
with an alternative prayer for referral of the case to the Ombudsman; (2)
filing a motion for re-investigation before the information is filed in court;
(3) filing of a motion for leave of court to file a motion for re-investigation if
an information has been filed; (4) filing of a motion for judicial
determination of probable cause; (5) motion for bill of particulars; and (6)
motion to quash warrant of arrest. Thus:

JUSTICE PERALTA:

Okay. Now, I was looking at your petition, and you missed out
[on] a lot of remedies that should have been undertaken by Senator De
Lima. In the conduct of the preliminary investigation before the DOJ,
she did not flit! a counter-affidavit. Because if there was lack of
jurisdiction from the very beginning, she should have filed a counter-
affidavit presentit~g her countervailing evidence. And alternatively, ask
for the dismissal of the case because the DOJ has no jurisdiction,
because a motion to dismiss is not allowed. You have to file a counter-
affidavit, thus, she waived it. That should have been the best time to argue
that the DOJ has no jurisdiction. Then after that, x x x if there was a
resolution by the DOJ, then you can file a motion for re-investigation.

ATTY. HILBA Y:
Your Honor, according to the lawyers down below they filed an
Omnibus Motion.

JUSTICE PERAL TA:

Now, therefore, there was an Omnibus Motion

ATTY. HILBAY:
Yes.

JUSTICE PERALTA:
There was a resolution, but she did not do anything. She should
have filed a motion for re-investigation before the Information is filed
before the court and ask the court to suspend the proceedings. And
then, require the panel of the prosecutors to resolve the motion for re-
investigation which she did not do.

ATTY. HILBA Y:
I think, Your Honor, given the lawyers' experience with the panel
of prosecutors in that case because they realized that it was pointless ...

()(
Separate Opinion -3- G.R. No. 229781

JUSTICE PERAL TA:

Yeah, the other thing is that. Assuming that there was already an
information filed, and she was not given a chance to file her
countervailing evidence with the DOJ, then, Senator De Lima could have
filed a motion for leave of court to file a motion for re-investigation so
that the judge could have required the panel of the prosecutors to
reinvestigate or to reconsider the resolution, which she did not. There
were remedies, so many remedies available under the rules.

ATTY. HILBAY
You're correct, Your Honor, that there are lot of abstract options
that are available to petitioner in this case.

JUSTICE PERALTA:
Yeah.

ATTY. HILBAY:
But I think on the part of the lawyers, who handled the case down
below, their reading of the situation was that it was already pointless.

JUSTICE PERALTA:
They may not act favorably, okay. But the case, well the court is
already judicial in character because when the information is filed nobody
can touch the information except the judge. Therefore, if the information
was already filed before the court, Senator De Lima could have filed a
motion for leave of court to file motion for reconsideration. So that the
court should have required the public prosecutor to conduct a re-
investigation upon orders of the court.

ATTY. HILBAY:
Again, pleading have been filed, we don't even know whether the
court obliged ...

xx xx

JUSTICE PERALTA:
Let's go further. If the information was already filed, this has
always been the practice but sometimes they say, this is not an available
remedy. Senator De Lima could have filed a motion for judicial
determination of probable cause and invoke paragraph (a) of Rule 112,
Section 6 [now Sec. 5]. Because the judge is mandated within ten (10)
days to determine the existence of probable cause. And if he or she is not
satisfied, then he could have required the prosecution to present additional
evidence. If she is not yet satisfied, that would have caused for the
dismissal of the case for lack of probable cause.

ATTY. HILBAY:
Yes.

JUSTICE PERALTA:
dV
Which she did not do.
Separate Opinion -4- G.R. No. 229781

ATTY. HILBAY:
Again, Your Honor, there's so many channels by which this case ...

JUSTICE PERALTA:
Yes, it's already judicial, you cannot already claim that the judge is
bias, because the remedy is already judicial in character. So anyway ...

ATTY. HILBAY:
You are correct, Your Honor.

xx xx

JUSTICE PERALTA:
I'll go to another point. Is it not? If there is a defect in the
Information, because according to you, it's not clear. If they are charged
with illegal trading or charged with attempt or conspiracy, is it not that the
[proper] remedy should have been Rule 116, Section 9 of the Rules of
Court, a motion for bill of particulars?

ATTY. HILBA Y:
No, Your Honor, in fact, Your Honor, it is rather clear what the
prosecutors intended to charge the petitioner. It is the OSG that has a new
interpretation of the charge.

xx xx

JUSTICE PERALTA:

xx xx

So I'll go to another point. Now, why did you not file a motion to
quash the warrant of arrest on the ground of lack of probable cause
before coming to court? Is that a valid remedy under the rules?

ATTY. HILBAY:
Your Honor, the lawyers down below say that that was placed on
record, those arguments, Your Honor.

JUSTICE PERALTA:
That was placed on record. Was there a motion actually, a motion
to quash the warrant of arrest on the ground of lack of probable cause?
Was there any made ... ?

ATTY. HILBAY:
I am told, Your Honor, that there were observations placed on
record.

JUSTICE PERAL TA:

And the problem observations because ...

ATTY. HILBAY:
We are questioning the jurisdiction in the first place.

clY
Separate Opinion -5- G.R. No. 229781

xxx 1

The OSG is correct that there are available plain, speedy and adequate
remedies for petitioner to assail the questioned orders of the respondent
judge, as well as the DOJ. Direct resort before the Court through a Petition
for Certiorari and Prohibition cannot be justified with a mere speculation
that all the remedies available to petitioner before the DOJ or the respondent
judge are pointless, and that they acted with bias and undue haste.

For another, petitioner violated the rules against forum shopping, and
the pendency of her Motion to Quash the information before respondent
judge renders her petition premature. In Villamar, Jr. v. Judge Manalastas, 2
the Court explained the concept of forum shopping as follows:

As a rule, forum shopping is committed by a party who, having

received an adverse judgment in one forum, seeks another opinion in
another court other than by appeal or the special civil action of certiorari.
Conceptually, forum shopping is the institution of two or more suits in
different courts, either simultaneously or successively, in order to ask the
courts to rule on the same or related causes and/or to grant the same or
substantially the same reliefs.

Forum shopping also exists when, as a result of an adverse

decision in one forum or in anticipation thereof, a party seeks a favorable
opinion in another forum through means other than an appeal or certiorari.

There is likewise forum shopping when the elements of litis

pendentia are present or where a final judgment in one case will amount to
res judicata in another.

Litis pendentia is a Latin term meaning "a pending suit" and is

variously referred to in some decisions as !is pendens and auter action
pendant. As a ground for the dismissal of a civil action, it refers to the
situation where two actions are pending between the same parties for the
same cause of action, so that one of them becomes unnecessary and
vexatious. It is based on the policy against multiplicity of suits.

There is litis pendentia when the following requisites are present:

identity of the parties in the two actions; substantial identity in the causes
of action and in the reliefs sought by the parties; and the identity between
the two actions should be such that any judgment that may be rendered in
one case, regardless of which party is successful, would amount to res
judicata in the other.

Otherwise stated, the test is whether the two (or more) pending
cases have identity of parties, of rights or causes of action, and of the
reliefs sought. Willful and deliberate violation of the rule against it is a

Oi
TSN, Oral Arguments-En Banc, G.R. No. 229781, Tuesday, March 14, 2017, pp. 64-74.
764 Phil. 456, 465-467 (2015).
Separate Opinion -6- G.R. No. 229781

ground for summary dismissal of the case; it may also constitute direct
contempt.

Appeals and petitions for certiorari are normally outside the scope
of forum shopping because of their nature and purpose; they grant a
litigant the remedy of elevating his case to a superior court for review.

It is assumed, however, that the filing of the appeal or petition for

certiorari is properly or regularly invoked in the usual course of judicial
proceedings, and not when the relief sought, through a petition for
certiorari or appeal, is still pending with or has yet to be decided by the
respondent court or court of origin, tribunal, or body exercising judicial or
quasi-judicial authority, e.g., a still pending motion for reconsideration of
the order assailed via a petition for certiorari under Rule 65.

I agree with the ponencia that all the elements of forum shopping are
presen~. First, there is substantial identity of parties in the criminal case
before the respondent judge where the People of the Philippines is the
complainant, while petitioner is one of the accused, and the petition at bar
where the People is the respondent, while Sen. De Lima is the petitioner.
Second, petitioner's prayers in her motion to quash and in this petition are
essentially the same, i.e., the nullification of the information and restoration
of her liberty, on the grounds of lack of jurisdiction over the offense, the
duplicity and insufficiency of the information, and the lack of probable
cause to issue an arrest warrant against her. Third, due to the identity of
issues raised in both cases, the Court's decision in this petition would
amount to res judicata in the criminal case before the respondent judge with
respect to the issues of jurisdiction over the offense and of the existence of
probable cause to issue an arrest warrant against petitioner.

I further stress that what is also pivotal in determining whether forum

shopping exists is the vexation caused the courts by a party who asks
different courts to rule on the same or related issues and grant the same or
similar reliefs, thereby creating the possibility of conflicting decisions being
rendered by different courts upon the same issues. 3 The possibility of
conflicting decisions between the Court and the respondent judge is real
because Section 7 of Rule 65, as amended by A.M. No. 07-7-12-SC, requires
the latter to proceed with the principal case within ten (10) days from the
filing of a petition for certiorari with a higher court, absent a temporary
restraining order or preliminary injunction, failing which may be a ground of
an administrative charge. Section 1, Rule .116 pertinently provides that the
arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused, and that the pendency of
a motion to quash shall be excluded in computing the period. Considering
that petitioner was arrested on February 24, 2017 and that rio restraining

Bandillon v. La Filipina Uygongco Corporation, G.R. No. 202446, September 16, 2015, 770
SCRA 624, 649.

(JI
Separate Opinion -7- G.R. No. 229781

order has yet been issued since the filing of her Petition on February 27,
2017, respondent judge is expected to resolve the motion to quash; hence,
the possibility that her resolution would be in conflict with the Court's
decision.

Apropos to this case is Estrada v. Office of the Ombudsman 4 where

petitioner Senator Jinggoy Ejercito Estrada raised in his Petition for
Certiorari the same issues he raised in his Motion for Reconsideration of the
Joint Resolution of the Ombudsman finding probable cause. While his
motion for reconsideration was pending, Sen. Estrada did not wait for the
resolution of the Ombudsman and instead proceeded to file his Petition. The
Court ruled that Sen. Estrada's Petition is not only premature, but also
constitutes forum shopping, because he resorted to simultaneous remedies
by filing the Petition alleging violation of due process by the Ombudsman
even as his motion for reconsideration raising the very same issue remained
pending with the Ombudsman.

In this case, petitioner raised in her Petition for Certiorari and

Prohibition the same issues she raised in her Motion to Quash, namely: ( 1)
lack of jurisdiction over the offense charged; (2) the DOJ Panel's lack of
authority to file the information; (3) the information charges more than one
offense; (4) the allegations and the recitals of the facts do not allege the
corpus. delicti of the charge; (5) the information is based on testimonies of
witnesses who are not qualified to be discharged as state witness; and (6) the
testimonies of the witnesses are hearsay. Without waiting for the respondent
judge's resolution of her motion to quash, petitioner filed her Petition. As in
Estrada, 5 petitioner resorted to simultaneous remedies by filing her Petition
raising the same issues still pending with the RTC, hence, the same must be
dismissed outright on the grounds of prematurity and forum shopping.

The prematurity of the Petition at bar was further underscored during

the Oral Arguments, considering that petitioner's motion tO' quash is still
pending before the respondent judge:

JUSTICE PERALTA:
. If an Information is filed, you determine the existence of probable
cause from the allegations of the Information, that's the first thing that the
judge will do. If the allegations are properly alleged as to jurisdiction, it
took place in Muntinlupa, so the place of the commission of the crime is
there, the allegations of 9165 under Section 90 she says that is jurisdiction,
so what's the problem?

4
751 Phil. 821 (2015).
Id.
IV
Separate Opinion -8- G.R. No. 229781

ATTY. HILBAY:
No subject matter, jurisdiction. Again, Your Honor, my point is ...

JUSTICE PERALTA:
But that'~ not the basis of an issuance of a warrant of arrest
precisely there is a motion to quash. If you do not agree and there's no
jurisdiction, your remedy is to file a motion to quash the
Information ...

ATTY. HILBAY:
We did, Your Honor, file a motion to quash ...

JUSTICE PERALTA:
That's the problem, it is pending, you come here. Why not wait
for the RTC to determine as to whether or not there is jurisdiction
over the person of the accused or over the subject matter? Because
what you are saying is that, first determine jurisdiction. It is already there
~h. The determination of probable cause will already include jurisdiction
because that's alleged in the ... she will not go beyond what's alleged in
the Information. There is an allegation of jurisdiction eh. The crime is
within the City of Muntinlupa, oh that's the jurisdiction over the place
where the crime is committed.

ATTY. HILBAY:
Yeah, Your Honor, that's ...

JUSTICE PERALTA:
You have the allegation in the Information, violation of
Dangerous Drugs Act under Section 90, you have the accused, there is
an allegation of relation to office. What's the problem?

ATTY. HILBAY:
She has subject matter jurisdiction, Your Honor.

JUSTICE PERALTA:
Yeah. In all the cases that came here on lack of probable cause,
what happened in those cases is that the RTC first answered the
queries posited by the accused that there is no probable cause. In the
case of Allado v. Diokno, they filed a motion to determine probable
cause. In the case of Senator Lacson, they filed a motion, and there
were all hearings. Here, in this particular case, there is no hearing. So,
how can we review the factual issues if in the first place these were not
brought up in the RTC?

ATTY. HILBAY:
Your Honor, there are no factual issues here. The only issue is
jurisdiction. There's no need ...

JUSTICE PERALTA:
So, your issue is not lack of probable cause for the issuance of a
warrant of arrest, but lack of jurisdiction. So if you go, if your
position now is lack of jurisdiction, then go to the RTC. And then, file
a motion to quash. That's what she was asking. That should have been
heard in the RTC.

rl
Separate Opinion -9- G.R. No. 229781

ATTY. HILBAY:
Your Honor ...

xx xx

JUSTICE PERALTA:
So to me, the procedure should have been to go first to the RTC.
And then, come, if you cannot get a favorable decision, to Court. Justice
1ardeleza was saying there's no due process. I mean he did not say due
process, but due process has been observed. The problem is she all waived
her remedies. Hindi siya nag-file ng counter-affidavit. She did not file a
counter-affidavit. She was given due process.

ATTY. HILBA Y:
Yes.

JUSTICE PERALTA:
But she did not invoke all those remedies to comply with due
process.

ATTY. HILBAY:
If I may, Your Honor, just clarify what happened so that we can
now have full favor of the context of petitioner. She did not file a counter-
affidavit precisely because she was questioning the jurisdiction of the
Department of Justice. And yet, the Department of Justice, proceeded with
undue haste, and filed the case before the court without jurisdiction. She
filed a motion to quash before a court that has no jurisdiction. The court
decided again with undue haste to issue warrant of arrest. What do you
expect, Your Honor, the petitioner to do?

JUSTICE PERALTA:
That wouldn't have been a good basis of coming here because ...
That wouldn't have been a good basis of coming here.

ATTY. HILBAY:
Your Honor.

JUSTICE PERALTA:
. . . she was only speculating. She should have availed of the
remedies and all of these have denied because they are biased and then,
come here and then, release her. But this one, she did not follow.

ATTY. HILBA Y:
Your Honor, what we're saying is that, we are now here, we have
made out a very strong and clear case for an application of the exemptions
of the procedures of this Court. Those exemptions are clearly stated in the
jurisprudence of this Honorable Court. 6

While petitioner also failed to justify that her case falls under the
exceptions to the doctrine on hierarchy of courts, I posit that the issue of

6
TSN, Oral Arguments - En Banc, G.R. No. 229781, Tuesday, March 21, 2017. (Emphasis added~
Separate Opinion - 10 - G.R. No. 229781

jurisdiction over the offense should still be addressed due to its

transcendental importance.

In The Diocese of Bacolod v. Commission on Elections,7 the Court

stressed that the doctrine of hierarchy of courts is not an iron-clad rule, and
that it has full discretionary power to take cognizance and assume
jurisdiction over special civil actions for certiorari filed directly with it for
exceptionally compelling reasons or if warranted by the nature of the issues
clearly and specifically raised in the petition. Recognized exceptions to the
said doctrine are as follows:

(a) when there are genuine issues of constitutionality that must be

addressed at the most immediate time;
(b) when the issues involved are of transcendental importance;
(c) cases of first impression where no jurisprudence yet exists that will
guide the lower courts on the matter;
(d) the constitutional issues raised are better decided by the Court;
(e) where exigency in certain situations necessitate urgency in the
resolution of the cases;
(f) the filed petition reviews the act of a constitutional organ;
(g) when petitioners rightly claim that they had no other plain, speedy, and
adequate remedy in the ordinary course of law that could free them from
the injurious effects of respondents' acts in violation of their right to
freedom of expression; and
(h) the petition includes questions that are dictated by public welfare and
the advancement of public policy, or demanded by the broader interest of
justice, or the orders complained of were found to be patent nullities, or
the appeal was considered as clearly an inappropriate remedy. 8

The petition at bench raises an issue of transcendental importance and

a novel question of law, if not a case of first impression, namely: whether
the Sandiganbayan has exclusive original jurisdiction over drug cases under
R.A. No. 9165 committed by public officers or employees in relation to their
office,' pursuant to Presidential Decree No. 1606, Revising Presidential
Decree No. 1486 Creating a Special Court to be Known as
"SANDIGANBAYAN" and for other purposes, as amended by R.A. No.
10660, revising Presidential Decree No. 1486 Creating a Special Court to be
known as "SANDIGANBAYAN" and for other purposes. An Act
Strengthening Further the Functional and Structural Organization of the
Sandiganbayan Further Amending Presidential Decree No. 1606, as
amended, and Appropriating Funds Therefor.

It bears emphasis that jurisdiction over the subject matter of a case is

conferred by law and determined by the allegations in the .complaint or
information, and cannot be granted by agreement of the parties, acquired

751Phil.301, 330 (2015).

Diocise ofBacolodv. Commission on Elections, supra, at 331-335. UV
Separate Opinion - 11 - G.R. No. 229781

through, or waived, enlarged or diminished by any act or omission of the

parties, or conferred by acquiescence of the court. 9 Considering that lack of
jurisdiction over the subject matter of the case can always be raised anytime,
even for the first time on appeal, 10 I see no reason for Us not to directly
entertain a pure question of law as to the jurisdiction of the Sandiganbayan
over drug-related cases, if only to settle the same once and for all. A
decision rendered by a court without jurisdiction over the subject matter,
after all, is null and void. It would be detrimental to the administration of
justice and prejudicial to the rights of the accused to allow a court to proceed
with a full-blown trial, only to find out later on that such court has no
jurisdiction over the offense charged.

I take judicial notice of the Sandiganbayan Statistics on Cases Filed,

Pending and Disposed of from February 1979 to May 31, 201 7 which shows
that out of the 34,947 cases filed and 33,101 cases disposed of, no case has
yet been filed or disposed of involving violation of the Dangerous Drugs
Law either under R.A. Nos. 6425 or 9165, thus:

NUMBER OF CASES FILED and DISPOSED OF ACCORDING TO NATURE OF OFFENSE

(FEBRUARY, 1979 TO MAY 31, 2017) 11

NATURE OF OFFENSE TOTAL PERCENT TOTAL PERCENT

[Filed] DISTRIBUTION [Disposed] DISTRIBUTION
[Filed] [Disoosed]
Crimes Against Religious 1 0.003 1 0.003
Worship
Arbitrary Detention 72 0.206 69 0.208

Violation of Domicile 18 0.051 20 0.061

Assault Resistance and 10 0.029 13 0.040

Disobedience
Perjury 116 0.332 76 0.230

Falsification Cases 6096 17.444 6215 18.776

Mal/Misfeasance 7 0.020 7 0.021

Bribery 365 1.044 347 1.048

Malversation Cases 10336 29.576 10376 31.346

Infidelity of Public Officers in 552 1.580 548 1.656

the Custody of
Prisoners/Documents
9ther Offense Committed by 582 1.665 544 1.643
Public Officers
Murder 317 0.907 350 1.057

Homicide 203 0.581 220 0.665

9
Republic v. Bantigue'Point Development Corporation, 684 Phil. 192, 199 (2012).
10
TumpagJr. v. Tumpag, 744 Phil. 423, 433 (2014).
II
http://sb.judiciary.gov.ph/statistics_report.html. Last visited on July 3, 2017.
cf
Separate. Opinion . - 12 - G.R. No. 229781

Physical Injuries 169 0.484 170 0.514

Threats and Coercions 98 0.280 88 0.266

Kidnapping 2 0.006 2 0.006

Estafa Cases 4700 13.449 4974 15.027

Robbery 123 0.352 132 0.399

Theft 511 1.462 549 1.659

Malicious Mischief 20 0.057 16 0.048

Rape and Acts of 21 0.060 18 0.054

Lasciviousness
Slander 16 0.046 17 0.051

Illegal Marriage 2 0.006 2 0.006

Violation ofR.A. 3019 8322 23.813 6564 19.830

Violation of Presidential 476 1.362 381 1.151

Decrees
Qualified Seduction 5 0.014 8 0.024

Unlawful Arrest 4 0.011 4 0.012

Adultery and Concubinage 1 0.003 1 0.003

Plunder 11 0.032 4 0.012

Others 1344 3.846 989 2.988

Special Civil Action 94 0.269 74 0.224

Civil Cases (including PCGG 217 0.621 200 0.604

cases)

Appealed Cases 135 0.386 121 0.365

Special Proceedings 1 0.003 1 0.003

Total 34947 100.00 33101 100.00

Granted that petitioner is neither the first public official accused of

violating R.A. No. 9165 nor is she the first defendant to question the finding
of probable cause for her arrest, she is foremost in raising a valid question of
law on the jurisdiction of the Sandiganbayan over drug-related cases
committed by a public servant in relation to her office.

On substantive grounds, I find that the Regional Trial Court has

exclusive original jurisdiction over the violation of Republic Act No. 9165
averred in the assailed Information. "Exclusive jurisdiction" refers to that
power which a court or other tribunal exercises over an action or over a
person to the exclusion of all other courts, whereas "original jurisdiction"

c7
 Separate Opinion - 13 - G.R. No. 229781

pertains to jurisdiction to take cognizance of a cause at its inception, try it

and pass judgment upon the law and facts. 12

In support of my view that the R TC has exclusive original jurisdiction

over dangerous drugs cases committed by public officials and employees in
relation to their office, I found it conducive to consult other special cases
within the RTC's exclusive and original jurisdiction, namely: libel and
violations of the Intellectual Property Code (R.A. No. 8293), and the
Dangerous Drugs Act of 1972 (R.A. No. 6425).

in People of the Philippines v. Benipayo, 13 the Court held that libel

cases are within the RTC's exclusive original jurisdiction:

As we have constantly held in Jalandoni, Bocobo, People v.

Metropolitan Trial Court of Quezon City, Br. 32, Manzano, and analogous
cases, we must, in the same way, declare herein that the law, as it still
stands at present, dictates that criminal and civil actions for damages in
cases of written defamations shall be filed simultaneously or separately
with the RTC to the exclusion of all other courts. A subsequent
enactment of a law defining the jurisdiction of other courts cannot simply
override, in the absence of an express repeal or modification, the
specific provision in the RPC vesting in the RTC, as aforesaid, jurisdiction
over defamations in writing or by similar means. The grant to the
Sandiganbayan of jurisdiction over offenses committed in relation to
(public) office, similar to the expansion of the jurisdiction of the MTCs,
did not divest the RTC of its exclusive and original jurisdiction to try
written defamation cases regardless of whether the offense is
committed in relation to office. The broad and general phraseology of
Section 4, Presidential Decree No. 1606, as amended by Republic Act No.
8249, cannot be construed to have impliedly repealed, or even simply
modified, such exclusive and original jurisdiction of the RTC.

In Samson v. Daway, 14 the Court ruled that certain violations of the

Intellectual Property .Code fall under the jurisdiction of the RTCs regardless
of the imposable penalty:

Section 163 of the same Code [R.A. No. 8293] states that actions
(including criminal and civil) under Sections 150, 155, 164, 166," 167, 168
and 169 shall be brought before the proper courts with appropriate
jurisdiction under existing laws, thus -

SEC. 163. Jurisdiction of Court. - All actions under

Sections 150, 155, 164 and 166 to 169 shall be brought
before the proper courts with appropriate jurisdiction
under existing laws. (Emphasis supplied)

[JI
12
Black's Law Dictionary, Fifth Edition (1979).
13
604 Phil. 317, 330-332 (2009). (Emphasis added; citations omitted)
14
478 Phil. 784, 794 (2004).
Separate Opinion - 14 - G.R. No. 229781

The existing. law referred to in the foregoing provision is Section

27 ofR.A. No. 166 (The Trademark Law) which provides that jurisdiction
over cases for infringement of registered marks, unfair competition, false
designation of origin and false description or representation, is lodged
with the Court of First Instance (now Regional Trial Court)-

SEC. 27. Jurisdiction of Court of First Instance. - All

actions under this Chapter [V - Infringement] and
Chapters VI [Unfair Competition] and VII [False
Designation of Origin and False Description or
Representation], hereof shall be brought before the Court of
First Instance.

We find no merit in the claim of petitioner that R.A. No. 166 was
~xpressly repealed by R.A. No. 8293. The repealing clause of R.A. No.
8293, reads -

SEC. 239. Repeals. - 239.1. All Acts and parts of Acts

inconsistent herewith, more particularly Republic Act No.
165, as amended; Republic Act No. 166, as amended; and
Articles 188 and 189 of the Revised Penal Code;
Presidentfal Decree No. 49, including Presidential Decree
No. 285, as amended, are hereby repealed. (Emphasis
added)

Notably, the aforequoted clause did not expressly repeal RA. No.
166 in its entirety, otherwise, it would not have used the phrases "parts of
Acts" and "inconsistent herewith;" and it would have simply stated
"Republic Act No. 165, as amended; Republic Act No. 166, as amended;
and Articles 188 and 189 of the Revised Penal Code; Presidential Decree
No. 49, including Presidential Decree No. 285, as amended are hereby
repealed." It would have removed all doubts that said specific laws had
been rendered without force and effect. The use of the phrases "parts of
Acts" and "inconsistent herewith" only means that the repeal pertains only
to provisions which are repugnant or not susceptible of harmonization
with R.A. No. 8293. Section 27 of R.A. No. 166, however, is consistent
and in harmony with Section 163 of R.A. No. 8293. Had R.A. No. 8293
intended to vest jurisdiction over violations of intellectual property rights
with the Metropolitan Trial Courts, it would have expressly stated so
under Section 163 thereof.

Moreover, the settled rule in statutory construction is that in case

of conflict between a general law and a special law, the latter must prevail.
Jurisdiction conferred by a special law to Regional Trial Courts must
prevail over that granted by a general law to Municipal Trial _Courts.

In the case at bar, R.A. No. 8293 and R.A. No. 166 are special
laws conferring jurisdiction over violations of intellectual property
rights to the Regional Trial Court. They should therefore prevail over
R.A. No. 7691, which is a general law. Hence, jurisdiction over the
instant criminal case for unfair competition is properly lodged with
the Regional Trial Court even if the penalty therefor is imprisonment

{l(
Separate Opinion - 15 - G.R. No. 229781

of less than 6 years, or from 2 to 5 years and a fine ranging from

P50,000.00 to P200,000.00. 15

ln Morales v. CA, 16 the Court held that the RTCs have exclusive
jurisdiction over specific criminal cases, namely: (a) Art. 360 of the Revised
Penal Code, as amended by R.A. Nos. 1289 and 4363 on written
defamations or libel; (b) violations of the Presidential Decree on Intellectual
Property (P.D. No. 49, as amended), and (c) Section 39 of R.A No. 6425, as
amended by P.D. No. 44:

Jurisdiction is, of course, conferred by the Constitution or by

Congress. Outside the cases enumerated in Section 5(2) of Article VIII of
the Constitution, Congress has the plenary power to define, prespribe and
apportion the jurisdiction of various courts. Accordingly, Congress may,
by law, provide that a certain class of cases should be exclusively heard
and determined by one court. Such would be a special law and must be
construed as an exception to the general law on jurisdiction of courts,
namely, the Judiciary Act of 1948 as amended, or the Judiciary
Reorganization Act of 1980. In short, the special law prevails over the
general law.

R.A. No. 7691 can by no means be considered another special

law on jurisdiction but merely an amendatory law intended to amend
specific sections of the Judiciary Reorganization Act of 1980. Hence, it
does not have the effect of repealing or modifying Article 360 of the
Revised Penal Code; Section 57 of the Decree on Intellectual
Property; and Section 39 of R.A. No. 6425, as amended by P.D. No.
44. In a manne.r of speaking, R.A. No. 7691 was absorbed by the
mother law, the Judiciary Reorganization Act of 1980.

That Congress indeed did not intend to repeal these special laws
vesting exclusive jurisdiction in the Regional Trial Courts over certain
cases is clearly evident from the exception provided for in the opening
sentence of Section 32 of B.P. Blg. 129, as amended by RA. No. 7691.
These special laws are not, therefore, covered by the repealing clause
(Section 6) ofR.A. No. 7691. 17

Having in mind the foregoing jurisprudence, I submit that R.A. No.

10660 cannot be considered as a special law on jurisdiction but merely an
amendatory law intended to amend specific provisions of Presidential
Decree No. 1606, the general law on the jurisdiction of the Sandiganbayan.
Hence, Section 90 of R.A. No. 9165, which specifically named RTCs
designated as special courts to exclusively hear and try cases involving
violation thereof, must be viewed as an exception to Section 4.b. of P.D. No.
1606, as amended by R.A. No. 10660, which is a mere catch-all provision on
cases that fall under the exclusive original jurisdiction of the Sandiganbayan.
15
Emphasis added and citations omitted.
16

17
347 Phil. 493, 506-507 (1997). (Emphasis ours)
Emphases added. r/f
 Separate Opinion - 16 - G.R. No. 229781

In other words, even if a drug-related offense was committed by public

officials arid employees in relation to their office, jurisdiction over such
cases shall pertain exclusively to the RTCs. The broad and general
phrase9logy of Section 4. b., P.D. No. 1606, as amended by R.A. No. 10660,
cannot be construed to have impliedly repealed, or even simply modified,
such exclusive jurisdiction of the RTC to try and hear dangerous drugs cases
pursuant to Section 90 ofR.A. No 9165.

Be that as it may, full reliance on the 1997 case of Morales 18 cannot

be sustained because the prevailing law then was the Dangerous Drugs Act
of 1972 (R.A. No. 6425), which clearly vests exclusive original jurisdiction
over all cases involving said law upon the Circuit Criminal Court or the
present day Regional Trial Court. R.A. No. 6425 was expressly repealed by
Section 100 of the Comprehensive Dangerous Drugs Act of 2002 (R.A. No.
9165), as amended:

Sec. 100. Repealing Clause - Republic Act No. 6425, as

amended, is repealed and all other laws, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act,
are hereby repealed or modified accordingly. 19

The appropriate question of law that ought to be resolved is whether

pursuant to Section 90 ofR.A. No. 9165, the RTC still has exclusive original
jurisdiction over drug-related cases similar to the express grant thereof under
Section 39 of R.A. No. 6425:

Article X Article XI
Jurisdiction Over Dangerous Drugs Cases Jurisdiction Over Dangerous Drugs Cases

Section 39. Jurisdiction of the Circuit Section 90. Jurisdiction. - The Supreme
Criminal Court. - The Circuit Criminal Court shall designate special courts from
Court shall have exclusive original among the existing Regional Trial Courts
jurisdiction over all cases involving in each judicial region to exclusively try
offenses punishable under this Act. and hear cases involving violations of this
xxx 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.
xxx

That the exclusive original jurisdiction of R TCs over drug cases under
R.A. No. 6425 was not intended to be repealed is revealed in the
interpellation during the Second Reading of House Bill No. 4433, entitled

18
19
Supra.
Emphasis added. ~
Separate Opinion - 17 - G.R. No. 229781

"An Act Instituting the Dangerous Drugs Act of 2002, repealing Republic
Act No. 6425, as amended":

Initially, Rep. Dilangalen referred to the fact sheet attached to the Bill
which states that the measure will undertake a comprehensive amendment
to the existing law on dangerous drugs -- RA No. 6425, as amended.
Adverting to Section 64 of the Bill on the repealing clause, he then asked
whether the Committee is in effect amending or repealing the aforecited
law.

Rep. Cuenco replied that any provision of law which is in conflict with the
provisions of the Bill is repealed and/or modified accordingly.

In this regard, Rep. Dilangalen suggested that if the Committee's intention

~as only to amend RA No. 6425, then the wording used should be "to
amend" and not "to repeal" with regard to the provisions that are contrary
to the provisions of the Bill.

Adverting to Article VIII, Section 60, on Jurisdiction Over Dangerous

Drugs Case, which provides that the Supreme Court shall designate
regional trial courts to have original jurisdiction over all offenses
punishable by this Act, Rep. Dilangalen inquired whether it is the
Committee's intention that certain RTC salas will be designated by the
Supreme Court tb try drug-related offenses, although all RTCs have
original jurisdiction over those offenses.

Rep. Cuenco replied in the affirmative. He pointed that at present, the

Supreme Court's assignment of drug cases to certain judges is not
exclusive because the latter can still handle cases other than drug-related
cases. He added that the Committee's intention is to assign drug-related
cases to judges who will handle exclusively these cases assigned to them.

In this regard, Rep. Dilangalen stated that, at the appropriate time, he

would like to propose the following amendment: "The Supreme Court
shall designate specific salas of the RTC to try exclusively offenses related
to drugs.

Rep. Cuenco agreed therewith, adding that the Body is proposing the
creation of exclusive drug courts because at present, almost all of the
judges are besieged by a lot of drug cases some of which have been
pending for almost 20 years.

Whereupon, Rep. Dilangalen adverted to Section 60, Article VIII, lines 7

to 10 of the Bill, to wit: "Trial of the case under this section shall be
finished by the court not later than ninety (90) days from the d;;tte of the
filing of the infofPlation. Decision on said cases shall be rendered within a
period of fifteen (15) days from the date of submission of the case. He
then asked whether the Committee intends to make this particular
provision merely directory or compulsory.

Rep. Cuenco answered that said provision is mandatory because if the case
is not finished within 90 days, the Supreme Court can impose
administrative sanctions on the judge concerned.
rJ(
 Separate Opinion - 18 - G.R. No. 229781

However, Rep. Dilangalen pointed out that the Constitution specifically

provides that the Supreme Court shall decide certain cases from the time
they are submitted for resolution within a specific period. The same is true
with the Court of Appeals, RTC and MTC. Rep. Cuenco affirmed this
view.

In line with the pertinent provision of the Constitution, Rep. Dilangalen

pointed out that if the aforementioned provision of the Bill is made
mandatory and those judges fail to finish their assigned cases within the
required period, he asked whether they would be criminally charged.

In response, Rep: Cuenco explained that the power to penalize belongs to

the Supreme Court and Congress has no power to punish erring judges by
sending them to jail for the reason that they have not finished their
assigned cases within the prescribed period. He stressed that
administrative sanctions shall be imposed by the Supreme Court on the
erring judges. 20

Records of the Bilateral Conference Committee on the Disagreeing

Provisions of Senate Bill No. 1858 and House Bill No. 4433
(Comprehensive Dangerous Drugs Act of 2002) also show that Section 90 of
R.A. No. 9165 does not repeal, but upholds the exclusive original
jurisdiction of Regional Trial Court similar to that provided under Section 39
ofR.A. No. 6425:

The CHAIRMAN (REP. CUENCO). xxx On other matters, we

would like to propose the creation of drug courts to handle exclusively
drug cases; the imposition of a 60-day deadline on courts within which to
decide drug cases; and No. 3, provide penalties on officers of the law and
government prosecutors for mishandling and delaying drug cases.

We will address these concerns one by one.

1. The possible creation of drug courts to handle exclusively

drug cases. Any comments?

Congressman Ablan. Ah, first, the Chairman, the Chairman of the Senate
Panel would like to say something.

THE CHAIRMAN (SEN. BARBERS). We have no objection to this

proposal, Mr. Chairman. As a matter of fact, this is one of the areas where
we come into an agreement when we were in Japan. However, I just
would like to add a paragraph after the word "Act" in Section 86 of the
Senate versions, Mr. Chairman. And this is in connection with the
designation of special courts by "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

20
JOURNAL NO. 72, Wednesday and Thursday, March 6 and 7, 2002, 12th Regular Congress, 1st
Session. http://www.congress.gov.ph/legisdocs/printjoumal.php?congnum=l2&id=l 04, last visited July 10,
2017.

Ci
Separate Opinion - 19 - G.R. No. 229781

this Act. The number of court designated in each judicial region shall be
based on the population and the number of pending cases in their
respective jurisdiction." That is my proposal, Mr. Chairman.

THE CHAIRMAN (REP. CUENCO). We adopt the same proposal.

SEN. CAYETANO. Comment, comment.

THE CHAIRMAN (REP. CUENCO). Puwede ha 'yan. Okay, Sige,

Senator Cayetano.

SEN. CAYETANO. Mr. Chairman, first of all, there is already an

Administrative Order 104, if I'm not mistaken in 1996 designating special
courts all over the country that handles heinous crimes, which includes, by
the way, violations of the present Drugs Act, where the penalty is life to
death.

Now, when it comes to crimes where the penalty is six years or

below, this is the exclusive jurisdiction not of the RTC, not of the
Regional Trial Court, but of the municipal courts.

So my ob.servation, Mr. Chairman, I think, since there are already

special courts, we need not created that anymore or ask the Supreme
Court. And number two, precisely, because there are certain cases where
the penalties are only six years and below. These are really handles by the
municipal trial court.

As far as the 60-day period, again, in the Fernan law, if I'm not
mistaken, there is also a provision there that all heinous crimes will have
to be decided within 60 days. But if you want to emphasize as far as the
speedy which all these crimes should be tried and decided, we can put it
there .. But as far as designated, I believe this may be academic because
there are already special courts. And number two, we cannot designate
special court as far as the municipal courts are concerned. In fact, the
1:11oment you do that, then you may limit the number of municipal courts
all over the country that will only handle that to the prejudice of the other
or several other municipal court that handles many of these cases.

THE CHAIRMAN (REP. CUENCO). Just briefly, a rejoinder to the

comments made by Senator Cayetano. It is true that the Supreme Court
has designated certain courts to handle exclusively heinous crimes, okay,
but our proposal here is confined exclusively to drug cases, not all kinds of
heinous crimes. There are many kinds of heinous crimes: murder, piracy,
rape, et cetera. The idea here is to focus. the attention of the court, that
court and to handle only purely drug cases.

Now, in case the penalty provided for by law is below six years
wherein the regional trial court will have no jurisdiction, then the
municipal courts may likewise be designated as the trial court concerning
those cases. The idea hear really is to assign exclusively a sala of a
regional trial court to handle nothing else except cases involving illegal
drug frafficking.

j(
 Separate Opinion - 20 - G.R. No. 229781

Right now, there are judges who have been so designated by the
Supreme Court to handle heinous crimes, but then they are not exclusive
to drugs eh. And aside from those heinous crimes, they also handle other
cases which are not even heinous. So the idea here is to create a system
similar to the traffic courts which will try and hear exclusively traffic
cases. So - in view of the gravity of the situation and in view of the
ilrgency of the resolution of these drug cases because - the research that
we have made on the drug cases filed is that, the number of decided cases
is not even one percent of those filed. There have been many
apprehensions, thousands upon thousands apprehensions, thousands upon
thousands of cases filed in court but only one percent have been disposed
of. The reason is that there is no special attention made or paid on these
drug cases by our courts.

So that is my humble observation, we have no problem.

THE CHAIRMAN (SEN. BARBERS). I have no problem with that,

Mr. Chairman, but I'd like to call your attention to the fact that my
proposal in only for a designation because if it is for a creation that
would entail another budget, Mr. Chairman. And almost always, the
Department of Budget would tell us at the budget hearing that we lack
funds, we do not have money. So that might delay the very purpose
why we want the RTC or the municipal courts to handle exclusively
the drug cases. That's why my proposal is designation not creation.

THE CHAIRMAN (REP. CUENCO). Areglado. No problem, designation.

Approved. 21

Contrary to petitioner's claim that Section 90 of R.A. No. 9165

merely grants the Supreme Court administrative authority to designate
particular branches of RTCs to exclusively try drug cases, records of
deliberation in Congress underscore the intention to confer to the RTCs
exclusive original jurisdiction over drug cases. Section 90 of R.A. No. 9165
was worded to give emphasis on the Court's power to designate special
courts to exclusively handle such cases, if only to avoid creation of drug
courts which entails additional funds, the lack of which would defeat the
very purpose of the law to prioritize prosecution of drug cases.

Meanwhile, the ponencia cannot rely on the per curiam en bane

decision22 in an administrative case, which named the RTC as having the
authority to take cognizance of drug-related cases. This is because the Court
did not declare definitively therein that the RTC's jurisdiction is exclusive
and original, so as to preclude the Sandiganbayan from acquiring jurisdiction
over such cases when committed by a public servant in relation to office.
One of the issues in the said case is whether the respondent judge of a

21
Bicameral Conference Committee on the Disagreeing Provisions of Senate Bill No. 1858 and
House Bill No. 4433 (Comprehensive Dangerous Drugs Act of2002), April 29, 2002. (Emphasis supplied)
22
In Re: Partial Report on the Results of the Judicial Audit Conducted in the MTCC, Br. 1, Cebu
City, 567 Phil. I 03 (2009).

ti
 Separate Opinion - 21 - G.R. No. 229781

Municipal Trial Court in Cities (MTCC) has jurisdiction to order

confinement and rehabilitation of drug dependents from the drug
rehabilitation center. The Court held that if the drug dependent was a minor,
his confinement, treatment and rehabilitation in a center would be upon
order, after due hearing, by the RTC in accordance with Section 30 of R.A.
No. 6425, and that pursuant to Section 54, in relation to Sect~on 90 of R.A.
No. 9165, the RTC similarly has jurisdiction over drug-related cases.

I also take exception to the ponencia 's statement to the effect that
petitioner's alleged solicitation of money from the inmates does not remove
the charge from the coverage of R.A. No. 9165 as Section 27 thereof
punishes government officials found to have benefited from the trafficking
of daD:gerous. drugs. Section 27 applies only to "any elective local or
national official" found to have benefitted from the proceeds of the
trafficking of such drugs or have received any financial or material
contributions from natural or juridical person found guilty of trafficking of
such drugs. In view of the principle that penal statutes should be liberally
construed in favor of the accused and strictly against the State, Section 27
cannot be held to apply to appointive officials like petitioner, who was the
Secretary of the Department of Justice at the time of the commission of the
alleged crime.

On the issue of whether respondent Judge gravely abused her

discretion in finding probable cause to issue a warrant of arrest against
petitioner despite her pending motion to quash the information, I resolve the
issue in the negative.

It is well settled that grave abuse of discretion is the capricious or

whimsical exercise of judgment equivalent to lack of jurisdiction; the abuse
of discretion being so patent and gross as to amount to an evasion of positive
duty or virtual non-performance of a duty enjoined by law. As aptly pointed
out by the ponencia, since Section 5,23 Rule 112 gives the judge ten (10)
days within which to determine probable cause to issue warrant of arrest by
personally evaluating the resolution of the prosecutor and its supporting
evidence, petitioner cannot fault the respondent judge for issuing a warrant
of arrest within three {3) days from receipt of the case records. There is no
law, jurisprudence or procedural rule which requires the judge to act first on

23
Sec. 5. When warrant of arrest may issue. - (a) By the Regional Trial Court. - Within ten (10)
days from the filing of the complaint or information, the judge shall personally evaluate the resolution of
the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record
clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who
conducted the preliminary investigation or when the complaint or information was filed pursuant to section
7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to
present additional evidence within five (5) days from notice and the issue must be resolved by the court
within thirty (30) days from the filing of the complaint or information. . &'
Separate Opinion - 22 - G.R. No. 229781

the motion to quash, whether or not grounded on lack of jurisdiction, before

issuing an arrest warrant. No grave abuse discretion may be, therefore,
imputed against the respondent judge for issuing a warrant of arrest despite a
pending motion to quash.

It may not be amiss to point out that there used to be a period within
which to resolve a motion to quash under Section 6, Rule 117 of the 1964
Rules of Court, which was a reproduction of Section 6, Rule 113 of the 1940
Rules of Court to wit: "The motion to quash shall be heard immediately
on its being made unless, for good cause, the court postpone the hearing.
All issues whether of law or fact, which arise on a motion to quash shall be
tried by the court." However, the said provision no longer found its way in
the subsequent rules on criminal procedure, i.e., the 1985 Rules on Criminal
Procedure and the present 2000 Revised Rules of Crimin.al Procedure.
Considering that Section 1, Rule 117 of the present Rules provides that the
accused may move to quash the information before entering his plea, while
Section 1(g), Rule 116 thereof, states that the pendency of a motion to quash
or other causes justifying suspension of the arraignment shall be excluded in
computing .the period to arraign the accused, I conclude that the motion to
quash should, at the latest, be resolved before the arraignment, without
prejudice to the non-waivable grounds to quash under Section 9, 24 Rule 117,
which may be resolved at any stage of the proceeding.

At any rate, to sustain the contention that a judge must first act on a
pending motion to quash the information before she could issue a warrant of
arrest would render nugatory the 10-day period to determine probable cause
to issue warrant of arrest under Section 5, Rule 112. This is because if such
motion to quash appears to be meritorious, the prosecution may be given
time to comment, and the motion will have set for hearing. Before the court
could even resolve the motion, more than 10 days from the filing of the
complaint or information would have already passed, thereby rendering
ineffectual Section 5(a), Rule 112.25

24
Sec. 9. Failure to move to quash or to allege any ground therefor. -The failure of the accused to
assert any ground of a motion to quash before he pleads to the complaint or information, either because he
did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any
objections except those based on the grounds provided for in paragraphs (a), (b), (g) and (i) of section 3 of
this Rule.
25
Sec. 5. When warrant of arrest may issue.- (a) By the regional Trial Court. - Within ten (10)
days from the filing of the complaint or information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the
evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a
warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant
issued by a judge who conducted the preliminary investigation or when the complaint of information was
filed pursuant to Section 6 of this Rule. In case of doubt on the existence of probable cause, the judge may
order the prosecutor to present additional evidence within five (5) days from notice and the issue must be
resolved by the court within thirty (30) days from the filing of the complaint or information. (Emphasis
added)

rl
 Separate Opinion - 23 - G.R. No. 229781

On petitioner's claim that respondent judge did not determine

personally the existence of probable cause in issuing the warrant of arrest, I
agree with the affirmative ruling of the ponencia on this issue. It bears
emphasis that SectioJ). 5, Rule 112 only requires the judge to personally
evaluate the resolution of the prosecutor and its supporting evidence, and if
she finds probable cause, she shall issue such arrest warrant o.r commitment
order.

In Allado v. Diokno, 26 citing Soliven v. Judge Makasiar, 27 the Court

stressed that the judge shall personally evaluate the report and the supporting
documents submitted by the fiscal regarding the existence of probable cause
and, on the basis thereof, issue a warrant of arrest; or, if on the basis thereof
she fin,ds no probable cause, may disregard the fiscal' s report and require the
submission of supporting affidavits of witnesses to aid him in arriving at a
conclusion on the existence of probable cause. "Sound policy dictates this
procedure, otherwise, judges would be unduly laden with preliminary
examination and investigation of criminal complaints instead of
concentrating on hearing and deciding cases filed before their court. " 28

The Court added that the judge does not have to personally examine
the complainant and his witnesses, and that the extent of her personal
examination of the fiscal' s report and its annexes depends on the
circumstances of each case. 29 Moreover, "[t]he Court cannot determine
beforehand how cursory or exhaustive the Judge's examination should be.
The Judge has to exercise sound discretion for, after all, the personal
determination is vested in the Judge by the Constitution. It can be as brief or
as detailed as the circumstances of each case require. To be sure, the judge
must go beyond the Prosecutor's certification and investigation report
wheneyer necessary. [S]he should call for the complainant and witnesses
themselves to answer the court's probing questions when the circumstances
of the case so require." 30

No clear and convincing evidence was presented by petitioner to

overturn the disputable presumptions that official duty has been regularly
performed and that a judge acting as such, was acting in the lawful exercise
of jurisdiction,31 when respondent judge issued the assailed Order, which
appears to have complied with Section 5, Rule 112, as well as the doctrines
in Allado and Soliven, thus:

26
302 Phil. 213, 233 (1994).
rJY
27
249 Phil. 394 (1988).
28
Soliven v. Judge Makasiar, supra, at 399-400.
29
Al/ado v. Judge Diokno, supra note 26, at 234.
30
Id. at 234-235, citing Lim v. Felix, 272 Phil. 122 (1991).
31
Rule 131, Section 3 (m) and (n).
 Separate Opinion - 24 - G.R. No. 229781

After a careful evaluation of the herein Information and all the

evidence presented during the preliminary investigation conducted in this
case by the Department of Justice, Manila, the Court finds sufficient
probable cause for the issuance of Warrants of Arrest against all accused x
xx LEILA M. DE LIMA xx x.

There being no grave abuse of discretion on the part of the respondent

judge in issuing a warrant of arrest despite the pendency of petitioner's
motion to quash, it is my view that respondent judge should be ordered to
resolve the same motion in order to give her opportunity to correct the errors
raised by petitioner. After all, in exercise of its power of review, the Court is
not a trier of facts, 32 and the issue of whether probable cause exists for the
issuance of a warrant for the arrest of an accused is a question of fact,
determinable as it is from a review of the allegations in the information, the
Resolution of the Investigating Prosecutor, including other documents and/or
evidence appended to the information. 33

On the issue of whether the information sufficiently charges the crime

of conspiracy to trade illegal drugs, petitioner argues in the negative thereof,
thus: (1) the information only mentions that she allegedly demanded,
solicited and extorted money from the NBP inmates; (2) the absence of any
allegation of her actual or implied complicity with or unity of action and
purpose between her and the NBP inmates in the illegal trade; (3) the proper
designation of the offense would be direct bribery under Art. 210 of the RPC
in view of the allegation that money was given in exchange for special
consideration and/or protection inside the NBP; (4) there is no allegation of
corpus delicti; and (5) the violation remains to be intimately connected with
the office of the accused because she could have only collected money from
convicts if she had influence, power, and position to shield and protect those
who sell, trade, dispense, distribute dangerous drugs, from being arrested,
prosecuted and convicted.

Section 6, Rule 110 of the Rules of Court states that a complaint of

information is sufficient if it states: (1) the name of the accused; (2) the
designation of the offense given by the statute; (3) the acts or omissions
complained of as constituting the offense; (4) the name of the offended
party; (5) the approximate date of the commission of the offense; and (6) the
place where the offense was committed.

In relation to petitioner's arguments which revolve around the defect

in the second and third requisites, Section 8, Rule 110 provides that the
complaint or information shall state the designation of the offense given by
the statute, aver the acts or omissions constituting the offense and specify its
32
Navaja v. Hon. De Castro, 761 Phil. 142, 155 (2015).

~
33
Ocampo v. Abando, 726 Phil. 441, 465 (2014).
 Separate Opinion - 25 - G.R. No. 229781

qualifying and aggravating circumstances. Section 9, Rule 110 states that the
acts or omissions complained of as constituting the offense and the
qualifying circumstances must be stated in ordinary and concise language
and not necessarily in the language used in the statute but in terms sufficient
to enable a person of common understanding to know what offense is being
charged, as well as its qualifying and aggravating circumstances and for the
court to pronounce judgment.

As held in Quimvel v. People, 34 the information must allege clearly

and accur:;i.tely the elements of the crime charged. The facts and
circumstances necessary to be included therein are determined by reference
to the definition and elements of specific crimes. Moreover, the main
purpose of requiring the elements of a crime to be set out in the information
is to enable the accused to suitably prepare her. defense because she is
presumed to have no independent knowledge of the facts that constitute the
offense. The allegations of facts constituting the offense charged are
substantial matters and the right of an accused to question her conviction
based on facts not alleged in the information cannot be waived.

The Information charging petitioner with conspiracy to commit illegal

drug trading, or violation of Section 5, in relation to Section 3 Qj), Section
26(b) and Section 28 ofR.A. No. 9165, reads:

That within the period from November 2012 to March 2013, in the
City of Muntinlupa, Philippines, and within the jurisdiction of this
Honorable Court, accused Leila M. De Lima, being then the Secretary of
the Department of Justice, and accused Rafael Marcos Z. Ragos, being
then the Officer-in-Charge of the Bureau of Corrections, by taking
advantage of their public office, conspiring and confederating with
accused Ronnie P. Dayan, being then an employee of the Department of
Justice detailed to De Lima, all of them having moral ascendancy or
influence over inmates in the New Bilibid Prison, did then and there
commit illegal drug trading, in the following manner: De Lima and Ragos,
with the use of their power, position, and authority, demand, solicit and
extort money from the high profile inmates in the New Bilibid Prison to
support the senatorial bid of De Lima in the May 2016 election, by reason
of which, the inmates, not being lawfully authorized by law and through
the use of mobile phones and other electronic devices, did then and there
willfully and unlawfully trade and traffic dangerous drugs, and thereafter
give and deliver to De Lima, through Ragos and Dayan, the proceeds of
illegal drug trading amounting to Five Million (P5,000,000.00) Pesos on
24 November 2012, Five Million (P5,000,000.00) Pesos on 15 December
2012, and One Hundred Thousand (Pl00,000.00) Pesos weekly "tara"
each from high profile inmates in the New Bilibid Prison.

34
G.R. No. i14497, April 18, 2017.
/I
Separate Opinion - 26 - G.R. No. 229781

In determining whether the afore-quoted acts or om1ss10ns

constituting conspiracy to commit illegal drug trading are sufficiently
alleged in the information, the respondent judge should carefully consider
the definition of such crime under Section 5, in relation to Section 3Gj),
Section 26(b) and Section 28 ofR.A. No. 9165.

The crime of "illegal drug trading" is defined under Section 3Gj),

while conspiracy to commit such crime is dealt with under Section 26(b ):

Gj) Trading. - Transactions involving the illegal trafficking of dangerous

drugs and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, e-mail, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or
acting as a broker in any of such transactions whether for money or any
other consideration in violation of this Act.

xx xx

SECTION 26. Attempt or Conspiracy. - Any attempt or

conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same as provided
nder this Act:

xx xx

(b) Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug and/or controlled
precursor and essential chemical;

Significant note must be taken of Section 5, R.A. No. 9165 because it

provides for the penalties for the various offenses covered, including
"conspiracy to commit illegal drug trading," and identifies the persons who
may be held liable for such offenses.

SECTION 5. Sale, Trading, Administration, Dispensation,

Delivyry, Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P.S00,000.00) to Ten million pesos (Pl0,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or shall act as
a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and

one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (Pl00,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized

t!i
 Separate Opinion - 27 - G.R. No. 229781

by law, shall sell, trade, administer, dispense, deliver, give away to

another, distribute, dispatch in transit or transport any controlled precursor
and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery,

distribution or transportation of any dangerous drug and/or controlled
precursor and essential chemical transpires within one hundred (100)
meters from the school, the maximum penalty shall be imposed in every
case.

For drug pushers who use minors or mentally incapacitated

individuals as runners, couriers and messengers, or in any other capacity
directly connected to the dangerous drugs and/or controlled precursors and
essential .chemicals trade, the maximum penalty shall be imposed in every
case.

If the victim of the offense is a minor or a mentally incapacitated

individual, or should a dangerous drug and/or a controlled precursor and
essential chemical involved in any offense herein provided be the
proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be

imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (Pl00,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section. 35

As can be gleaned from the foregoing provisions, the following

persons may be held liable of conspiracy to commit illegal drug trading
under Section 5 ofR.A. No. 9165, namely:
1. Pusher - defined under Section 3(ff) as any person who
sells, trades, administers, dispenses or gives away to
another, on any terms whatsoever, or distributes, dispatches
in transit or transports dangerous drugs or who acts as a
broker in any of such transaction, in violation of the law;
2. Organizer;

3. Manager;

4. Financier - defined under Section 3(q) as any person who

pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under the law; and

35
Emphasis added.
 Separate Opinion - 28 - G.R. No. 229781

5. Protector or coddler - defined under Section 3(ee) as any

person who knowingly or willfully consents to the unlawful
acts provided for in under the law and uses his/her influence,
power or position in shielding, harboring, screening or
facilitating the escape of any person who he/she knows, or
has reasonable grounds to believe on or suspects, has
violated the provisions of the law in order to prevent the
arrest, prosecution and conviction of the violator.

Respondent judge would also do well to bear in mind that jurisdiction

of a court over a criminal case is determined by the allegations of the
complaint or information. 36 In resolving a motion to dismiss based on lack of
jurisdiction, the general rule is that the facts contained in the complaint or
information should be taken as they are, except where the Rules of Court
allow the investigation of facts alleged in a motion to quash such as when
the ground invoked is the extinction of criminal liability, prescriptions,
double jeopardy, or insanity of the accused. 37 In these instances, it is
incumbent upon the trial court to conduct a preliminary trial to determine the
merit of the motion to dismiss. 38

Considering that petitioner's arguments do not fall within any of the

recognized exceptions, respondent judge should remember that in
determining which court has jurisdiction over the offense charged, the
battleground should be limited within the four comers of th~ information.
This is consistent with the rule that the fundamental test in determining the
sufficiency of the material averments in an information is whether or not the
facts alleged therein, which are hypothetically admitted, would establish the
essential elements of the crime defined by law. 39 Evidence aliunde or
matters extrinsic to the information are not to be considered, and the defect
in the information, which is the basis of the motion to quash, must be
evident on its face. 40

Moreover, in resolving the issue of whether the information filed

against petitioner is sufficient or defective, respondent judge should recall
United States v. Ferrer41 where the Court ruled that when the complaint
describes two acts which combined constitute but one crime, the complaint
is not necessarily defective. "If the two or more acts are so disconnected as
to constitute two or more separate and distinct offenses or crimes, then it
would not be error to charge each of said acts in different complaints; but
where the acts are so related as to constitute, in fact, but one offense, then
36
Macasaet v. People of the Philippines, 492 Phil. 355, 373 (2005)
37

&
Id.
38
Id.
39
People v. Odtuhan, 714 Phil. 349, 356 (2013).
40
Id.
41
34 Phil. 277 ( 1916).
 Separate Opinion - 29 - G.R. No. 229781

the complaint will nm be defective if the crime is described by relating the

two acts in the description of the one offense." 42

Also. on point is United States v. Cernias 43 where it was held that

while it is true that each of those acts charged against the conspirators was
itself a crime, the prosecutor in setting them out in the information did no
more than to furnish the defendants with a bill of particulars of the facts
which it intended to prove at the trial, not only as a basis upon which to
found an inference of guilt of the crime of conspiracy but also as evidence of
the extremely dangerous and wicked nature of that conspiracy.

In resolving the motion to quash, respondent judge should further be

mindful of the following remedies under Sections 4, 5 and 6 of Rule 11 7 of
the Rules of Court that the RTC may exercise with sound discretion as the
court with exclusive original jurisdiction over drug cases:

SEC. 4. Amendment of complaint or information. - If the motion to

quash is based on an alleged defect of the complaint or information which
can be cured by amendment, the court shall order that an amendment be
made.

If it is based on the ground that the facts charged do not constitute an

offense, the prosecution shall be given by the court an opportunity to
correct the defect by amendment. The motion shall be granted if the
prosecution fails to make the amendment, or the complaint or information
still suffers from the same defect despite the amendment.

SEC. 5. Effect of sustaining the motion to quash. - If the motion to

quash is sustained, the court may order that another complaint or
information be filed except as provided in section 6 of this Rule. If the
order is made, the accused, if in custody, shall not be discharged unless
admitted to bail. If no order is made or if having been made, no new
information is filed within the time specified in the order or within such
further time as the court may allow for good cause, the accused, if in
custody, shall be discharged unless he is also in custody for another
charge.

SEC. 6. Order sustaining the motion to quash not a bar to another

prosecution; exception. - An order sustaining the motion to quash is not a
bar to another prosecution for the same offense unless the motion was
based on the grounds specified in Section 3 (g) and (i) of this Rule.

All told, the Petition for Certiorari and Prohibition must be denied on
the grounds of prematurity, forum shopping and for being improperly
verified. Going over the records of Congressional deliberations due to the
transcendental importance of the jurisdictional issue raised by petitioner,

42
United States v. Ferrer, supra, at 279.
43
10 Phil. 682, 690 (1908), cited in People v. Camerino, et al., 108 Phil. 79, 83 (1960).

r1Y
Separate Opinion - 30 - G.R. No. 229781

however, I found that the RTC, not the Sandiganbayan, has exclusive
original jurisdiction over all drug cases even if they were committed by
public officials or employees in relation to their office. There being no
grave abuse of discretion committed by the respondent judge in issuing a
warrant of arrest despite the pendency of petitioner's motion to quash, the
Court should order the respondent judge to resolve the motion to quash the
information, taking into account the definition of conspiracy to commit
illegal drug trading, the principles in determining the sufficiency of an
information, and the remedies relative to a motion to quash under Sections 4,
5 and 6, Rule 11 7 of the Rules of Court.

WHEREFORE, I vote to DENY the Petition for Certiorari and

Prohibition.