SC issues clarificatory guidelines on plea-bargaining in drug cases

The Supreme Court has issued clarificatory guidelines over the plea bargaining process in drug cases during its en banc deliberations held Tuesday.

In a statement released Thursday, the High Court reaffirmed the primacy and exclusivity of its rule-making power and guaranteed its precedence in governing the plea bargaining process.

The Court underscored its stability and independence as well as its rule-making power in resolving the conflict between DOJ Circular No. 27 and SC Resolution A.M. No. 18-03-16-SC adopting the Plea Bargaining Framework in Drug Cases.

Under DOJ Circular No. 27, plea bargaining for the illegal sale of dangerous drugs to the lesser offense of illegal possession of drug paraphernalia is prohibited.

However, the new guidelines state that judges may overrule the objection to a plea bargaining proposal if it is solely based on inconsistency with the DOJ rules, and provided that it is in accordance with the bargaining framework of the SC.

“Judges may overrule the objection of the prosecution if it is based solely on the ground that the accused's plea bargaining proposal is inconsistent with the acceptable plea bargain under any internal rules or guidelines of the DOJ, though in accordance with the plea bargaining framework issued by the Court, if any,” the Court said.

Meanwhile, other guidelines include:

• offers for plea bargaining must be initiated in writing by way of a formal written motion filed by the accused in court
• the lesser offense which the accused proposes to plead guilty must necessarily be included in the offense charged
• upon receipt of the proposal for plea bargaining that is compliant with the provisions of the Court’s Plea Bargaining Framework in Drug Cases, the judge shall order the administration of a drug dependency assessment.
• plea bargaining requires the mutual agreement of the parties and remains subject to the approval of the court.
• the court shall not allow plea bargaining if the objection to the plea bargaining is valid and supported by evidence
• plea bargaining in drugs cases shall not be allowed when the proposed plea bargain does not conform to the Court-issued Plea Bargaining Framework in Drugs Cases

— Joahna Lei Casilao/RSJ, GMA News