SC urged to allow plea bargaining agreement in drug cases

In a bid seen by the Public Attorney's Office as key to decongesting jails, a petition was filed on Monday with the Supreme Court seeking to allow plea bargaining agreement in drug cases. 

Detainee Salvador Estipona Jr., through the PAO, asked the SC to declare unconstitutional Section 23 of Republic Act 9165 (Comprehensive Dangerous Drugs Act), which bars plea bargain agreements in drug cases, as this is allegedly against the equal protection of the law.

"Those accused of other heinous crimes such as murder, some acts of rape, and other crimes where the maximum imposable penalty is either life imprisonment, reclusion perpetua, or death, are allowed into plea bargaining under Section 1, Rule 118 of the Revised Rules on Criminal Procedure," the petition read.

"But not those accused of violation of our present anti-drugs law. This, despite the fact that the various pertinent violations under RA 9165 do not bare out any reason to consider a person accused under the said law as a separate and distinct specie that would exempt from plea bargaining. This, despite the fact that the aforementioned crimes are equally, if not more, deplorable than drug offenses."

Estipona also said the provision encroached upon the power of the SC to promulgate rules of procedure in criminal cases.

"Section 23 of RA 9165 deprives not only the accused and the prosecution, but more importantly, the courts, of the benefits of a validly entered plea bargaining agreement. It is antithetical to the early resolution of cases and declogging of court dockets, especially in instances such as this case, where the prosecution does not object and both the prosecution and defense are open to the possibility of plea bargaining," the petition stated.

With the arrests and surrender of drug offenders increasing by the day, the petition said plea bargaining could "very well be beneficial" to the country's anti-drug campaign.

The petitioner noted the government could save P1.49 billion a year if the 82,000 drug suspects being defended by PAO will be given the opportunity "to reform after incarceration for a lesser number of years and seek rehabilitation, if need be."

He then asked the SC to issue a temporary restraining order (TRO) on the proceedings before the Legazpi City Regional Trial Court branch 3 and set oral arguments on the case.

Estipona is facing a case for possession of 0.084 grams of shabu, a crime punishable under Section 11, Article II of RA 9165.

He filed a plea bargain motion but this was denied twice by Judge Frank Lobrigo, prompting him to elevate the matter to the high court. — Virgil Lopez/RSJ, GMA News