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De Lima v.

Guerrero
G.R. No. 229781
Ponente: Velasco, J.

Facts:
 The Senate and the House of Reps conducted several inquiries on the proliferation of drug syndicates inside
the New Bilibid Prison (NBP), and invited several inmates who executed affidavits
 These legislative inquiries led to the filing of 4 complains with the DOJ against De Lima which were
consolidated.
 De Lima filed an Omnibus Motion contending that it is the Ombudsman and not the DOJ who has
exclusive authority and jurisdiction over the consolidated complaints.
 DOJ proceeded with the preliminary investigation and recommended the filing of information against
petitioner charging her of violation of Section 5 in relation to Section (jj), Section 26(b), and Section 28 of
RA 9165 (Comprehensive Dangerous Drugs Act of 2002)
 Petitioner De Lima assails the orders and warrants issued by respondent judge Juanita Guerrero in the
criminal case filed against her.
 Petitioner is assailing the ff:
o The Order finding probable cause for the issuance of the warrant of arrest against De Lima
o The Warrant of Arrest against De Lima
o The Order committing the petitioner to the custody of the PNP Custodial Center
o The supposed omission of the respondent judge to act on petitioners Motion to Quash, through
which she questioned the jurisdiction of the RTC

Issues:
 W/N the RTC or the Sandiganbayan has jurisdiction over the violation of RA 9165 averred in the assailed
information. - RTC
 W/N respondent gravely abused her discretion in finding probable cause to issue a warrant of arrest against
the petitioner -
 W/N the petitioner is entitled to a TRO and/or Status Quo Ante Order in the interi until the instant petition
is resolved or until the trial court rules on the motion to quash. -

Ruling:
1. RTC has jurisdition
 Petitioner contends that the Sandiganbayan has the jurisdiction to try and hear the case against her as the
information filed against her was in violation of Direct Bribery (a felony in direct within the exclusive
jurisdiction of the Sandiganbayan) and not RA 9165
 The information against De Lima goes beyond an indictment for Direct Bribery under Art. 210 of the RPC
 Though it had not been alleged that the petitioner participated in the actual trafficking of dangerous drugs
and had simply allowed the NBP inmates to do so, conspirator need not even know of all the parts which
the others have to perform, as conspiracy is the common design to commit a felony; it is not participation in
all the details of the execution of the crime.
 As long as the accused, in one way or the other, helped and cooperated in the consummation of the felony,
she is liable as a co-principal.
 As the information provides, De Lima’s participation and cooperation was instrumental in the trading of
dangerous drugs by the NBP inmates.
 Illegal trading has different elements from that of illegal sale.
 Jurisdiction over drug related cases is exclusively vested with the RTC and no other. This is apparent in the
provisions of RA 6425.