SC ADMINISTRATIVE CIRCULAR NO. 20-2003, March 19, 2003

WHEREAS, the attention of the Court was called on
the supposed conflicting provisions in Republic Act No. 8369 (the
“Family Courts Act of 1997”) and R.A. No. 9165 (the “Comprehensive
Dangerous Drugs Act of 2002”) on the jurisdiction over drugs cases
involving minors;

WHEREAS, under Section 5(i) of R.A. No. 8369, the
Family Courts shall have exclusive original jurisdiction to hear and
decide cases against minors for violation of the Dangerous Drugs Act, as
amended;

WHEREAS, under Section 90 of R.A. No. 9165, the
Court is mandated to designate special courts from among the existing
Regional Trial Courts in each judicial region to exclusively try and
hear cases involving violations of said law;

WHEREAS, in its resolution, dated 1 August 2000, in
A.M. No. 00-8-01-SC, the Court designated certain branches of the
Regional Trial Courts as special courts for drugs cases to exclusively
handle dangerous drugs cases irrespective of the quantity of the drugs
involved;

WHEREAS, the repealing clause of R.A. No. 9165 under
Section 100 provides “Republic Act No. 6425, as amended, is hereby
repealed and all other laws, administrative orders, rules and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Act are hereby repealed or modified accordingly”;

WHEREAS, there is a need to harmonize the supposed
conflicting provisions of R.A. No. 8369 and R.A. No. 9165 on the
jurisdiction over drugs cases involving minors.

NOW, THEREFORE, pursuant to the Resolution dated 11
February 2003, reiterated in the Resolution of 18 March 2003 of the
Court in A.M. No. 02-12-19-SC (Re: Clarification as to Which Court Has
Exclusive Jurisdiction over Drugs Cases Involving Minors), the following
guidelines shall be observed:

(1) As a rule, family courts shall have jurisdiction over drugs cases involving minors.

(2) In areas where there are no family courts but there are special
drugs courts, the latter shall take jurisdiction over the case.

(3) In areas where both family courts and special drugs courts have
been designated, the case shall be assigned or raffled to a family
court.

(4) In areas where both family courts and special drugs courts have
not been designated, the case shall be raffled among the branches of the
Regional Trial Court within the same station.

(5) In areas where there is only a single-sala Regional Trial Court,
which has been designated either as a family court or as a special drugs
court or has not been designated as such at all, it shall take
jurisdiction over the case.

The Office of the Court Administrator shall see to it that this
Administrative Circular, which shall take effect upon its issuance, is
strictly complied with.

Issued this 19th day of March 2003.