SC affirms ruling on allowing plea bargain deals in drug cases

The Supreme Court (SC) on Tuesday stood pat on its decision allowing plea bargaining in drug cases.

At a press conference, SC spokesperson Theodore Te said the Court denied with finality the motion for reconsideration to the August 15 decision voiding the provision that bars plea bargaining under the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165).

The decision stemmed from a petition filed in September last year by detainee Salvador Estipona Jr. who is facing a case for possession of 0.084 grams of shabu, a crime punishable under Section 11 of RA 9165.

He filed a plea bargain motion but this was denied by Judge Frank Librogo of Legazpi City Regional Trial Court Branch 3, citing Section 23 of RA 9165 as basis.

Represented by the Public Attorney's Office (PAO), Estipona told the high court that Section 23 violated the equal protection of the law and encroached upon the power of the SC to promulgate rules of procedure in criminal cases.

Voting unanimously, the SC declared Section 23 of RA 9165 unconstitutional on the ground that the high court has the exclusive power to regulate procedural rules, including plea bargaining.

Plea bargaining does not automatically mean the accused will be sentenced to a lesser offense as the plea is subject to the concurrence of the prosecution and is only allowed upon the discretion of the court.

“The ruling on the motion must disclose the strength or weakness of the prosecution's evidence. Absent any finding on the weight of the evidence on hand, the judge's acceptance of the defendant's change of plea is improper and irregular,” the SC said. —NB, GMA News