SC: RTCs have jurisdiction on drug cases

MANILA, Philippines — The Supreme Court, in a landmark ruling on Tuesday, held: Regional Trial Courts have jurisdiction on drug cases.

Acting on the petition filed by Sen. Leila De Lima, the SC ruled that the RTC has "exclusive original jurisdiction" over violations of RA 9165 or the Comprehensive Drugs Act of 2002.

In the media brief sent by SC Public Information Office chief Ted Te, the SC stressed that the "jurisdiction is not transferred to the Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher."

READ: SC votes 9-6 to junk De Lima petition to nullify her arrest

De Lima, in her petition, argued that it should be the anti-graft court handling her case following the Memorandum of Agreement between the DOJ and the Ombudsman stating that officers with salary grade 27 and higher should be tried at the Sandiganbayan.

The senator also said that she was still sitting as the Justice chief during the time when she was accused of being involved in the illegal drug trade inside the New Bilibid Prison.

But the SC, in ruling over De Lima's case, sided with the position of the DOJ that local courts have jurisdiction over drug cases.

"The Sandiganbayan's jurisdiction is limited to violations of the anti-graft laws and do not extend to violations of the drugs law," the media brief further reads.

"The Court did not agree with petitioner's characterization of the offense as "Direct Bribery" under the Revised Penal Code but maintained that the allegations in the Information are sufficient to characterize the offense as a violation of the Dangerous Drugs Act (RA 9165)."

"For this reason, the Court pointed out that RA specified only one court with jurisdiction to try offenses under the law, the Regional Trial Court," the SC stressed.

READ: Wrong court is trying De Lima case, says Liberal Party

Other officials facing drug complaints before the DOJ are Ex-Bureau of Customs chief Nicador Faeldon and other officials of the bureau in connection with the P6.4 billion shabu shipment case that slipped through the BOC.

Voting 9-6, the SC, sitting as full court, junked De Lima's petition seeking the nullification of her arrest and a halt order on the court proceeding on her drug case.

De Lima has earlier cried political persecution from the authorities. She accused the government of using its machinery to pin her down.

The senator is the staunchest critic of President Rodrigo Duterte who launched an intensified war against drugs last year.