1. QUESTION: Mario Delima is accused of violating Section 11, Article II of R.A. No.

9165 (Possession of Dangerous Drugs). He filed a Motion to Allow to Enter into a Plea
Bargaining Agreement. He argued that Section 23 of R.A. No. 9165 which prohibits
plea-bargaining for offences committed under said act is unconstitutional for being
contrary to the rule-making authority of the Supreme Court under Section 5(5), Article
VIII of the 1987 Constitution. The prosecution, however, moved for the denial of the
motion for being contrary to Section 23 of R.A. No. 9165, which is said to be justified
by the Congress' prerogative to choose which offense it would allow plea bargaining.
Decide.

ANSWER: The power to promulgate rules of pleading, practice and procedure is now the
Supreme Court exclusive domain and no longer shared with the Executive and Legislative
departments. The 1987 Constitution took away the power of Congress to repeal, alter, or
supplement rules concerning pleading, practice and procedure. As it now stands, Congress has
no authority to repeal, alter, or supplement rules concerning pleading, practice, and procedure.
Thus, Section 23 of Republic Act No. 9165 is declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court under Section 5(5), Article VIII of the 1987
Constitution. (ESTIPONA vs. LOBRIGO G.R. No. 226679)

2. QUESTION: Senator Maganda was charge for violation of Section 5 in relation to

Section (ii), Section 26(b), and Section 28 of RA 9165 otherwise known as the
Comprehensive Dangerous Drugs Act befor the RTC. Senator Maganda filed a Motion
to Quash arguing that the Sandiganbayan has the jurisdiction to try and hear the case
against her because the Information charges her not with violation of RA 9165 but with
Direct Bribery-a felony within the exclusive jurisdiction of the Sandiganbayan given
her rank as the former Secretary of Justice with Salary Grade 31. The Solicitor General
however maintains that the RTC has exclusive jurisdiction to try violations of RA 9165,
including the acts described in the Information against the petitioner, thus her Motion
to Quash should be denied. Decide.

ANSWER: A plain reading of RA 9165, as of RA 6425, will reveal that jurisdiction over drug-
related cases is exclusively vested with the Regional Trial Court and no other. The exclusive
original jurisdiction over violations of RA 9165 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. (DE LIMA vs. GUERRERO
G.R. No. 229781)