SC sets guidelines on plea bargaining framework in drug cases

The Supreme Court (SC) has adopted a plea bargaining framework on illegal drugs cases, less than a year after it declared unconstitutional a legal provision that barred those charged in drug cases to plead guilty to lesser offenses for lighter penalties.

The SC said plea bargaining is prohibited in cases where the imposable penalty is life imprisonment or life imprisonment to death, and where the crime charged falls under sale, trading, administration, dispensation, delivery, distribution and transportation of "all other kinds of dangerous drugs, except shabu and marijuana."

The SC adopted the framework and directed the Office of the Court Administrator to issue a circular to all concerned on April 10, following an April 5 meeting between Associate Justice Diosdado Peralta and officers of the Philippine Judges Association, which submitted a draft framework.

On August 15, 2017, the SC declared as unconstitutional Section 23 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 "for being contrary to the rule-making authority of the Supreme Court under Section 5(5), Article VIII of the 1987 Constitution."

This section provides that any person charged under RA 9165 regardless of the imposable penalty cannot avail of the provision on plea bargaining.

Peralta penned this decision in the case of Salvador Estipino against Legazpi City regional trial court Judge Frank Lobrigo, wherein the magistrate denied the latter's motion to enter a plea to a lesser offense after allegedly being caught in possession of .084 grams of shabu in 2016.

'Simplified' framework

Under the "more simplified" plea bargaining framework, a person charged with violation of Section 11 of RA 9165 on possession of dangerous drugs of a quantity less than five grams of shabu, opium, morphine, heroin and cocaine and of less than 300 grams of marijuana can plea bargain to a violation of Section 12 on possession of equipment, instrument, apparatus, etc.

This means he or she can plea bargain for a lower penalty of six months and one day to four years in prison and a fine ranging from P10,000 to P50,000 instead of 12 years and one day to 20 years in jail and a fine ranging from P300,000 to P400,000-fine.

"The Court is given the discretion to impose a minimum period and a maximum period to be taken from the range of penalty provided by law. A straight penalty within the range of six months and one day to one year may likewise be imposed," the SC said in this case.

"In all instances whether or not the maximum period of the penalty is already served, drug dependency test shall be required," it also said.

Meanwhile, if the individual is charged with shabu, opium, morphine, heroin and cocaine possession of a quantity between five and 10 grams or with marijuana possession of a quantity between 300 and 500 grams under Section 11, paragraph 2 (20 years to life imprisonment, fine of P400,000 to P500,000), he or she can plea bargain to a violation of Section 11, paragraph 3 (12 to 20 years in jail, fine of P300,000 to P400,000).

A person charged with violation of Section 12  on possession of equipment, apparatus and drug paraphernalia (six months to four years, fine of P10,000 to P50,000) can plea bargain to use of dangerous drugs (six months treatment and rehabilitation if found positive for drug dependency or for a counseling program if found negative).

One charged with possession of drug paraphernalia and equipment during social gatherings (maximum penalty under Section 12) can also plea bargain to violation of Section 15 on use of dangerous drugs (six months of treatment and rehabilitation if found positive for drug dependency and for a counselling program if found negative). 

An individual charged with sale, trading, etc of shabu of up to .99 grams only or of marijuana of up to 9.99 grams only (life imprisonment to death, fine of P500,000 to P10 million) can plead guilty to violation of Section 12 (six months to four years of jail time, fine of P10,000-P50,000). — Nicole-Anne C. Lagrimas/RSJ, GMA News