Supreme Court reminds judges of plea bargaining, TRO rules

The Supreme Court has reminded trial court judges of the rules concerning plea bargaining in drug cases and the issuance of temporary restraining orders on government infrastructure projects.

Chief Justice Lucas Bersamin has also ordered Court Administrator Jose Midas Marquez to look into recent statements by President Rodrigo Duterte questioning the courts' issuance of TROs and approval of plea bargaining in drug cases.

The president was quoted in a report in the Daily Tribune this week as saying he can look into court orders on drug cases and that he has a list of judges before whom almost 1,000 drug cases were filed.

"The SC is encouraging anyone who may have been affected or aggrieved by the alleged issuance of questionable TROs to immediately inform the Supreme Court and file a formal complaint before the Office of the Court Administrator," Court spokesman Brian Keith Hosaka said in a statement Thursday.

"Also, considering that plea bargaining is not allowed in drug cases when the quantity of the dangerous drugs is one kilo, we ask the proper authorities to report to the SC the trial judge who approved the plea bargaining for possible administrative sanction," he added.

Hosaka said that the High Court will "not take this matter lightly," stressing that all trial judges "must strictly adhere to all related issuances and circulars on plea bargaining framework in drugs cases."

In the statement, the SC reiterated its 2018 en banc resolution adopting the plea bargaining framework in drug cases, which sets the guidelines for what instances involving dangerous drugs cases may be covered by plea bargaining and probation.

The Office of the Court Administrator issued two circulars this year that reminded second level courts of the strict observance of the earlier en banc resolution.

As to government infrastructure projects, the statement said the Court had issued an administrative circular as early as 1999 reminding judges to respect the legal prohibition on the issuance of TROs in cases involving the implementation of government infrastructure projects.

Judges are reminded “to observe utmost caution, prudence and judiciousness in the issuance of TRO and in the grant of writs of preliminary injunction to avoid suspicion that its issuance or grant was for considerations other than the strict merits of the case," the SC said.

The Court added that the 1999 circular was reinforced by other administrative circulars issued in later years.

In 2014, Marquez issued a similar circular in which he called on first and second level court judges to "to continuously observe and implement” all administrative issuances of the Court “to ensure that all cases involving government infrastructure projects can be resolved in a speedy and timely manner.” — BM, GMA News