SC strikes down provision vs. plea bargaining for drug cases

The Supreme Court (SC) has struck down a legal provision that disallows plea bargaining agreements for all drug cases.

In a ruling dated August 15, the high court declared Section 23 of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) unconstitutional "for being contrary to the rule making authority of the Supreme Court" under Article VIII, Section 5(5) of the 1987 Constitution.

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.

"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," the petition stated.

"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," it added.

Estipona also argued that plea bargain deals would be beneficial to the government as the latter could save P1.49 billion a year in expenses for feeding the 82,000 drug offenders being defended by PAO.

PAO chief Persida Acosta welcomed the ruling, saying it would give drug detainees hope for a second chance at life. —KBK/KVD, GMA News