Senator Leila M. De Lima, vs. Hon. Juanita Guerrero, et al.

G.R. No. 229781, October 10, 2017; per Velasco, Jr., J.

Facts

Three Informations were filed against petitioner De Lima and several co-accused before the RTC of Muntinlupa City. It was averred that accused Leila M. De Lima, being then the Secretary of the Department of Justice, and accused Rafael Marcos Z. Rages, 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, committed illegal drug trading in the following manner:

With the use of their power, position, and authority, they 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.

Issue

Whether the Regional Trial Court or the Sandiganbayan has the jurisdiction over the violation of Republic Act No. 9165 averred in the assailed Information

Ruling

The Supreme Court ruled that the RTC has the the jurisdiction to "exclusively try and hear cases involving violations of RA 9165. Such exclusive jurisdiction is not transferred to the Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher, regardless of whether the violation is alleged as committed in relation to office. As pointed out by Justices Tijam and Martires, a perusal of the drugs law will reveal that public officials were never considered excluded from its scope. Hence, Section 27 of RA 9165 punishes government officials found to have benefited from the trafficking of dangerous drugs, while Section 28 of the law imposes the maximum penalty on such government officials and employees.