871 Phil. 86
CARANDANG, J.:
WHEREFORE, the Motion to Plea Bargain is DENIED. Set the pretrial to 31 January 2018 [sic] at 1:00 p.m.In an Order[4] dated January 23, 2019, the RTC denied the Motion for Reconsideration[5] of Nurullaje Sayre y Malampad @ "Inol" (Sayre).
SO ORDERED.[3] (Italics and underscoring in the original.)
On November 9, 2017, Sayre filed a Proposal for Plea Bargaining[11] and manifested as follows:CRIMINAL CASE NO. CRC 416-2017
That on or about 09 June 2017, within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully and willingly traded, delivered and sold zero point one zero two nine (0.1029) grams of Methylamphetamine Hydrochloride (Shabu) which is a dangerous drug, contained in a sachet marked as JSC-BB to PO2 Jefferjun Cabantuan who acted as poseur buyer in a legitimate buy-bust operation, and received from said poseur buyer marked money consisting of one thousand peso (P1,000.00) bill bearing serial number X114893 with the initials JSC on the forehead of Vicente Lim.
CONTRARY TO LAW.[8]CRIMINAL CASE NO. CRC 417-2017
That on or about 09 June 2017 within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully, willingly[,] knowingly had in his possession, control and custody of Methylamphetamine Hydrochloride (Shabu), a dangerous drug, contained in four (4) separate heat sealed transparent [sic] cellophane with their respective markings:
Marking Weight JSC-P1 0.0870 zero point zero eight seven zero JSC-P2 0.6543 zero point six five four three JSC-P3 0.0545 zero point zero five four five JSC-P4 0.0531 zero point zero [five] three one
CONTRARY TO LAW.[9]CRIMINAL CASE NO. CRC 418-2017
That on or about 09 June 2017, within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully, willingly[,] knowingly had in his possession, control and custody, one (1) tooter, an equipment, instrument, apparatus and paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting or introducing dangerous drugs into the body.
CONTRARY TO LAW.[10]
Today, he wanted to plea bargain Section 5 and 11 to a lesser offense under Section 12, which carries with [it] a penalty of imprisonment of six (6) months and 1 day to four (4) years. Moreover, for Section 12, penalty of compulsory 6-month rehabilitation. These proposals are without prejudice however to the guidelines on plea bargaining yet to be released by the Supreme Court, whichever is most favorable and beneficial to the accused; x x x[12]Pursuant to Office of the Court Administrator (OCA) Circular No. 90-2018, adopting the Court En Banc Resolution dated April 10, 2018 in Administrative Matter (A.M.) No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drug Cases), Sayre filed a Motion for Approval of Plea-Bargaining Proposal with Modification.[13] Sayre proposed the following:
x x x xSayre proposed that he be allowed to file an Application for Probation for the penalty of 6 months and 1 day to 4 years considering that the maximum penalty therein is less than 6 years and that he be released from the custody of the Bureau of Jail Management and Penology City Jail upon its approval.[15] The proposal of Sayre is summarized as follows:
4. That in the said Plea-Bargaining Framework for Drug Cases, the offense under Section 5 with quantity of shabu from 0.1 to 0.99 grams the same can be plea bargain under Section 12 of RA 9165 fro:m Life Imprisonment to 6 months and 1 day to 4 years;
5. That also, the offense under Section 11 par. 3 with quantity of shabu from .01 gram to 4.99 grams the same can be plea bargain under Section 12 of RA 9165 from 12 years and 1 day to 20 years to 6 months and 1 day to 4 years;
6. That finally, the offense under Section 12 can now be plea bargain under Section 15 from 6 months and 1 day to 4 years to: (1) 6 months treatment and rehabilitation (if accused admits drug use, or denies drug use but found positive after drug dependency test); or (b) Undergo counselling program at rehabilitation center (if accused is found negative for drug use/dependency);
7. That on September 18, 2018, Dra. Rachel Jan Inojada submitted her Drug Dependency Test (DDT) on accused Sayre and found him negative on shabu;
8. That in view thereof, accused Sayre is praying for the approval of his Plea-Bargaining Proposal for the offense under Sections 5 and 11 of RA 9165 to Section 12 with a penalty of 6 months and 1 day to 4 years; and
9. That however, for the offense under Section 12, the plea bargaining under Section 15 be approved with a modified penalty of "Undergoing counselling at the rehabilitation center" for being negative on drug use.[14] (Italics and underscoring in the original; citations omitted)
City Prosecutor Jennifer B. Namoc-Yasol (City Prosecutor Namoc-Yasol) filed a Comment and Counter-Proposal[16] in accordance with Department of Justice (DOJ) Circular No. 27 dated June 26, 2018, otherwise known as the "Amended Guidelines on Plea Bargaining for Republic Act No. 9165,"[17] summarized as follows:
Criminal Case No. OFFENSE CHARGED PLEA BARGAIN PROPOSED BY SAYRE PURSUANT TO ADMINISTRATIVE MATTER NO. 18-03-16-SC SECTION PENALTY SECTION
PENALTY CRC
416-2017 Sec. 5
Illegal Sale of Dangerous Drugs (0.1029 gram of shabu) Life Imprisonment [to death] and a fine ranging from P500,000.00 to P10,000,000.00 (0.01-0.99 gram of shabu) Sec. 12
Possession of Paraphernalia for dangerous drugs Imprisonment of 6 months and 1 day to 4 years CRC
417-2017 Sec. 11
Illegal Possession of Dangerous Drugs (0.0870 gram, 0.6543 gram, 0.0545 gram, and 0.0531 gram of shabu) 12 years and 1 day to 20 years and a fine ranging from P300,000.00-P400,000.00 (0.01-4.99 gram of shabu) Sec. 12
Possession of Paraphernalia for Dangerous Drugs Imprisonment of 6 months and 1 day to 4 years CRC
418-2017 Sec. 12
Possession of Paraphernalia for Dangerous Drugs 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 Sec. 15
Use of Dangerous Drugs Penalty of Compulsory 6-month Rehabilitation
City Prosecutor Namoc-Yasol recommended that for the charge under Section 5 (Illegal Sale of Dangerous Drugs), the plea bargain prescribed in DOJ Circular No. 27 is the offense under Section 11, paragraph 3 (Illegal Possession of Dangerous Drugs) with an indeterminate penalty of twelve (12) years to fourteen (14) years and eight (8) months and a fine of P300,00.00. For the charge under Section 11 (Illegal Possession of Dangerous Drugs), the City Prosecutor recommended the plea of guilty to the offense under Section 12 (Illegal Possession of Drug Paraphernalia with an indeterminate penalty of six (6) months and one (1) day to four (4) years and a fine of P25,000.00, as prescribed in DOJ Circular No. 27. As to the charge under Section 12 (Illegal Possession of Drug Paraphernalia), the City Prosecutor recommended that Sayre plead guilty to the crime as charged with an indeterminate penalty ranging from six (6) months and one (1) day to four (4) years and a fine of P25,000.00.[21]
Criminal Case No. OFFENSE CHARGED COUNTER-PROPOSAL BY THE PROSECUTION PURSUANT TO DOJ CIRCULAR NO. 27 SECTION PENALTY SECTION PENALTY CRC
416-2017 Sec. 5
Illegal Sale of Dangerous Drugs (0.1029 gram of shabu) Life Imprisonment and a fine ranging from P500,000.00 to P10,000,000.00 (0.01-0.99 gram of shabu) Section 11 paragraph 3
Illegal Possession of Dangerous Drugs Indeterminate Penalty of 12 years and 1 day to 14 years and 8 months and a fine of P300,000[18] CRC
417-2017 Sec. 11
Illegal Possession of Dangerous Drugs (0.0870 gram, 0.6543 gram, 0.0545 gram, and 0.0531 gram of shabu) 12 years and 1 day to 20 years and a fine ranging from P300,000.00-P400,000.00 (0.01-4.99 gram of shabu) Sec. 12
Possession of Paraphernalia for Dangerous Drugs Imprisonment Penalty of 6 months and 1 day to 4 years and a fine of P25,000.00[19] CRC
418-2017 Sec. 12
Possession of Paraphernalia for Dangerous Drugs 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 Plead to the crime as charged Indeterminate Penalty of 6 months and 1 day to 4 years and a fine of P25,000.00[20]
Meanwhile, the pertinent offenses of the guidelines for plea bargaining in cases involving R.A. 9165 set by the DOJ Circular No. 27 are reproduced below:
Offense Charged Acceptable Plea Bargain
Remarks Section Penalty Quantity Section Penalty Section 5.
Sale, Trading, etc. of Dangerous Drugs (Methampetamine hydrochloride or shabu) Life Imprisonment to Death and fine ranging from P500,000.00 to P10,000,000.00 .01 gram to .99 grams (metamphetamine hydrochloride or shabu only) Section 12.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs 6 month sand 1 day to 4 years and a fine ranging from P10,000 to P50,000
N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed. In all instances,whether or not the maximum period of the penalty imposed is already served, drug dependency test shall be required. If accused admits drug use, or denies it but is found positive after drug dependency test he/she shall undergo treatment and rehabilitation for a period of not less than 6 months. Said period shall be credited to his/her penalty and the period of his after-care and follow-up program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she will be released on time served, otherwise, he/she will serve his sentence in jail minus the counseling period at rehabilitation center. However, if accused applies for probation in offenses punishable under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section 5 in relation to Sec. 24 thereof, then the law on probation shall apply. 1.00 gram and above (methamphetamine hydro-chloride or shabu only) No plea bargaining allowed. Section 11, par. 3.
Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is less than 5 grams) 12 years & 1 day to 20 years and fine ranging from P300,000 to P400,000 .01 gram to 4.99 grams Section 12.
Possession of Equipment, Instrument, Apparatus and Other Parapher- naliafor Dangerous Drugs 6 months and 1 day to 4 years and a fine ranging from P10,000 to P50,000
N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed.
In all instances, whether or not the maximum period of the penalty imposed is already served, drug dependency test shall be required. If accused admits drug use, or denies it but is found positive after drug dependency test, he/she shall undergo treatment and rehabilitation for a period of not less than 6 months.Said period shall be credited to his/her penalty and the period of his after-care and follow-up program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she will be released on time served, otherwise, he/she will serve his sentence in jail minus the counseling period at rehabilitation center. However, if accused applies for probation in offenses punishable under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section 5 in
relation to Sec. 24 thereof, then the law on probation shall apply. Section 11, par. 2.
Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is 5 grams or more but not exceeding 10 grams) 20 years to life imprisonment and fine ranging from P400,000 to P500,000 5 grams to 9.99 grams Section 11, par. 3.
Possession of Dangerous Drugs 12 years and 1 day to 20 years and a fine ranging from P300,000 to P400,000
N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. 10 grams and above No plea bargaining allowed
Since the parties failed to reach a consensus insofar as Criminal Case No. CRC 416-2017 for violation of Section 5 of R.A. 9165 (Illegal Sale of Dangerous Drugs), the RTC deferred the pre-trial to afford Sayre another opportunity to convince the prosecution to accept his proposal.[22]
Offense Charged in Information Acceptable Plea Bargain Section Penalty Section Penalty Section 5
Sale, Trading, etc. of Dangerous Drugs (No volume required) Life Imprisonment to Death & Fine from Php 500k to Php 10M Section 11, par. 3
Possession of Dangerous Drugs
(Plea bargaining is allowed only if the drugs involved are "shabu" and/or marijuana and the quantity of "shabu" is less than 5 grams and the quantity of the marijuana is less than 300 grams) 12 yrs & 1 day to20 yrs and Fine from Php 300k to Php 400k Section 11, par. 1
Possession of Dangerous Drugs (Where quantity of shabu is 10 grams or more but less than 50 grams) Life Imprisonment & Fine from Php 400k to Php 500k No Plea Bargain Allowed Section 11, par. 2
Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocain, et al is 5 grams or more but less than 10 grams; 300 grams or more but less than 500 grams of marijuana) 20 yrs and 1 day to Life Imprisonment & Fine from Php 400k to Php 500k No Plea Bargain Allowed Section 11, par. 3
Possession of Dangerous Drugs (Where quantity of "shabu", opium, morphine, heroin, cocaine, et al is less than 5 grams; marijuana is less than 300 grams) 12 yrs & 1 day to 20 yrs and Fine from Php 300k to Php 400k Section 12 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs 6 months & 1 day to 4 years and a Fine Ranging from Php 10k to Php 50k Section 12
Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs 6 months & 1 day to 4 years and a Fine Ranging from Php 10k to Php 50k Section 15
Use of Dangerous Drugs
(An alternative is to allow the accused to change his plea to "guilty" and avail of the mitigating circumstance of voluntary plea of guilty) 6 months Rehab (1st offense)
6 months & 1 day to 4 years and a Fine Ranging from Php 50k to Php 200k (for 2nd offense)
x x x plea bargaining has been defined as "a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval." There is give-and-take negotiation common in plea bargaining. The essence of the agreement is that both the prosecution and the defense make concessions to avoid potential losses. Properly administered, plea bargaining is to be encouraged because the chief virtues of the system - speed, economy, and finality - can benefit the accused, the offended party, the prosecution, and the court.[42] (Emphasis supplied; citations omitted.)Plea bargaining is a vital component of restorative justice. In giving preference to working out a mutually satisfactory resolution of the case sanctioned by the court over lengthy and protracted trial, both the state and the accused benefit. The plea bargaining mechanism affords speedy disposal and cost efficiency which significantly contribute to the restorative justice process. By shortening the time between the original charge and the disposition, it enhances the rehabilitative prospects and redeeming characteristics of the offender when the trial court approves the plea bargain to a lesser offense.
It is lamentable that while our dockets are clogged with prosecutions under Republic Act No. 9165 involving small-time drug users and retailers, we are seriously short of prosecutions involving the proverbial "big fish." We are swamped with cases involving small fry who have been arrested for miniscule amounts. While they are certainly a bane to our society, small retailers are but low-lying fruits in an exceedingly vast network of drug cartels. Both law enforcers and prosecutors should realize that the more effective and efficient strategy is to focus resources more on the source and true leadership of these nefarious organizations. Otherwise, all these executive and judicial resources expended to attempt to convict an accused for 0.05 gram of shabu under doubtful custodial arrangements will hardly make a dent in the overall picture. It might in fact be distracting our law enforcers from their more challenging task: to uproot the causes of this drug menace. We stand ready to assess cases involving greater amounts of drugs and the leadership of these cartels.[45]While it is the government's mandate to "pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances,"[46] it is equally important to highlight "the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence."[47] In consonance with the State policy of restorative and compassionate justice, the confusion created by DOJ Circular No. 27 must immediately be clarified in order to guide the trial courts in addressing offers of the accused to plea bargain in drugs cases and afford offenders an opportunity to rehabilitate and become productive members of society again.
Sec 5. The Supreme Court shall have the following powers:In this petition, A.M. No. 18-03-16-SC is a rule of procedure established pursuant to the rule-making power of the Supreme Court that serves as a framework and guide to the trial courts in plea bargaining violations of R.A. 9165.
x x x x
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.[48] (Emphasis supplied.)
Sec 2. Plea of guilty to a lesser offense. - At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. (Emphasis supplied.)The use of the word "may" signifies that the trial court has discretion whether to allow the accused to make a plea of guilty to a lesser offense. Moreover, plea bargaining requires the consent of the accused, offended party, and the prosecutor. It is also essential that the lesser offense is necessarily included in the offense charged.
(a) Plea bargaining;[41] Supra note 31.
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
On August 17, 2017, this Court promulgated Estipona v. Hon. Lobrigo,[4] which declared unconstitutional the prohibition against plea bargaining in Section 23[5] of Republic Act No. 9165.[Criminal Case No. CRC 416-2017]
That on or about 09 June 2017, within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully and willingly traded, delivered and sold zero point one zero two nine (0.1029) grams (sic) of Methylamphetamine Hydrochloride (Shabu) which is a dangerous drug, contained in a sachet marked as JSC-BB to PO2 Jefferjun Cabantuan who acted as poseur buyer in a legitimate buy-bust operation, and received from said poseur buyer marked money consisting of one thousand peso (P1,000.00) bill bearing serial number X114893 with the initials JSC on the forehead of Vicente Lim.
CONTRARY TO LAW.[1][Criminal Case No. CRC 417-2017]
That on or about 09 June 2017 within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully, willingly[, and] knowingly had in his possession, control and custody of Methylamphetamine Hydrochloride (Shabu), a dangerous drug, contained in four (4) separate heat sealed transparent cellophane with their respective markings:
Marking Weight JSC-P1 0.0870 zero point zero eight seven zero JSC-P2 0.6543 zero point six five four three JSC-P3 0.0545 zero point zero five four five JSC-P4 0.0531 zero point zero [five] three one
CONTRARY TO LAW.[2][Criminal Case No. CRC 418-2017]
That on or about 09 June 2017, within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully, willingly[, and] knowingly had in his possession, control and custody, one (1) tooter, an equipment, instrument, apparatus and paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting or introducing dangerous drugs into the body.
CONTRARY TO LAW.[3]
Offense Charged | Acceptable Plea Bargain | Remarks | |||
Section | Penalty | Quantity | Section | Penalty | |
Section 11, par. 3. Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is less than 5 grams) | 12 years & 1 day to 20 years and fine ranging from P300,000 to P400,000 | .01 gram to 4.99 grams | Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs | 6 month sand 1 day to 4 years and a fine ranging from P10,000 to P50,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed. | In all instances,whether or not the maximum period of the penalty imposed is already served, drug dependency test shall be required. If accused admits drug use, or denies it but is found positive after drug dependency test he/she shall undergo treatment and rehabilitation for a period of not less than 6 months. Said period shall be credited to his/her penalty and the period of his after-care and follow-up program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she will be released on time served, otherwise, he/she will serve his sentence in jail minus the counseling period at rehabilitation center. However, if accused applies for probation in offenses punishable under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section 5 in relation to Sec. 24 thereof, then the law on probation shall apply. |
Section 11, par. 3. Possession of Dangerous Drugs (Where quantity of marijuana is less than 300 grams) | 12 years & 1 day to 20 years and fine ranging from fine from P300,000 to P400,000 | .01 gram to 299.99 grams | Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs | 6 months and 1 day to 4 years and a fine ranging from P10,000 to P50,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed. | |
Section 11, par. 2. Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is 5 grams or more but not exceeding 10 grams) | 20 years to life imprisonment and fine ranging from P400,000 to P500,000 | 5 grams to 9.99 grams | Section 11, par. 3. Possession of Dangerous Drugs | 12 years and 1 day to 20 years and a fine ranging from P300,000 to P400,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. | |
10 grams and above | No plea bargaining allowed | ||||
Section 11, par. 2. Possession of Dangerous Drugs (Where the quantity of marijuana is 300 grams or more but not exceeding 500 grams) | 20 years to life imprisonment and fine ranging from P400,000 to P500,000 | 300 grams to 499 grams | Section 11, par. 3. Possession of Dangerous Drugs | 12 years and 1 day to 20 years and a fine ranging from P300,000 to P400,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. | |
500 grams and above | No plea bargaining allowed | ||||
Section 12. Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs | 6 months and 1 day to 4 years and fine ranging from P10,000 to P50,000 | Section 15. Use of Dangerous Drugs | 6 months treatment and rehabilitation | If accused admits drug use, or denies drug use but found positive after drug dependency test | |
Undergo counselling program at rehabilitation center | If accused is found negative for drug use/dependency | ||||
Section 14. Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs during Parties Social Gatherings or Meetings | Maximum penalty in Section 12 | Section 15. Use of Dangerous Drugs | 6 months treatment and rehabilitation | If accused admits drug use, or denies drug use but found positive after drug dependency test | |
Undergo counselling program at rehabilitation center | If accused is found negative for drug use/dependency | ||||
Section 5. Sale, Trading, etc. of Dangerous Drugs (Methamphetamine hydrochloride or shabu only) | Life Imprisonment to Death and fine ranging from P500,000.00 to P10,000,000 | .01 gram to .99 grams (metamphetamine hydrochloride or shabu only) | Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs | 6 month sand 1 day to 4 years and a fine ranging from P10,000 to P50,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed. | In all instances,whether or not the maximum period of the penalty imposed is already served, drug dependency test shall be required. If accused admits drug use, or denies it but is found positive after drug dependency test he/she shall undergo treatment and rehabilitation for a period of not less than 6 months. Said period shall be credited to his/her penalty and the period of his after-care and follow-up program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she will be released on time served, otherwise, he/she will serve his sentence in jail minus the counseling period at rehabilitation center. However, if accused applies for probation in offenses punishable under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section 5 in relation to Sec. 24 thereof, then the law on probation shall apply. |
1.00 gram and above (methamphetamine hydrochloride or shabu only) | No plea bargaining allowed | ||||
Section 5. Sale, Trading, etc. of Dangerous Drugs (Marijuana only) | Life Imprisonment to Death and fine ranging from P500,000.00 to P10,000,000 | .01 gram to 9.99 grams of marijuana only | Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs | 6 month sand 1 day to 4 years and a fine ranging from P10,000 to P50,000 N.B.: The court is given the discretion to impose a minimum period and a maximum period to be taken from the range of the penalty provided by law. A straight penalty within the range of 6 months and 1 day to 1 year may likewise be imposed. | In all instances,whether or not the maximum period of the penalty imposed is already served, drug dependency test shall be required. If accused admits drug use, or denies it but is found positive after drug dependency test he/she shall undergo treatment and rehabilitation for a period of not less than 6 months. Said period shall be credited to his/her penalty and the period of his after-care and follow-up program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she will be released on time served, otherwise, he/she will serve his sentence in jail minus the counseling period at rehabilitation center. However, if accused applies for probation in offenses punishable under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section 5 in relation to Sec. 24 thereof, then the law on probation shall apply. |
10.00 grams of marijuana only and above | No plea bargain allowed |
Offense Charged in Information | Acceptable Plea Bargain | ||
Section | Penalty | Section | Penalty |
Section 4 Importation of Dangerous Drugs | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 4, par 2. Importation of Controlled Precursors & Essential Chemicals | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain Allowed | |
Section 4, par. 3 | Maximum Penalty | No Plea Bargain | |
Importation thru use of diplomatic passport, etc. | Allowed | ||
Section 4, par. 4 Acting as Financier in Importation | Maximum Penalty | No Plea Bargain Allowed | |
Section 4, par. 5 Acting as "Protector/Coddler" | 12 years & 1 day to 20 years & Fine Allowed from Php 100k to Php 500k | No Plea Bargain Allowed | |
Section 5 Sale, Trading, etc. Of Dangerous Drugs | Life Imprisonment to Death & Fine from Php 500k to Php 10M | Section 11, par. 3 Possession of Dangerous Drugs (Plea bargaining is allowed only if the drugs involved are "shabu" and/or marijuana and the quantity of "shabu" is less than 5 grams and the quantity of marijuana is less than 300 grams) | 12 yrs & 1 day to 20 yrs and Fine from Php 300k to Php 400k |
Section 5, par. 2 Safe, Trading, etc. of Controlled Precursor & Essential Chemicals | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 5, par. 3 Sale, trading, etc. takes place within100 meters from a school | Maximum Penalty | No Plea Bargain Allowed | |
Section 5, par. 4 Drug pushers who use minors as couriers, etc | Maximum Penalty | No Plea Bargain Allowed | |
Section 5, par. 5 When the victim is a minor causing the latter's death | Maximum Penalty | No Plea Bargain Allowed | |
Section 5, par. 6 Acting as Financier | Maximum Penalty | No Plea Bargain Allowed | |
Section 5, par. 7 Acting as "Protector/Coddler" | 12 years & 1 day to 20 years & Fine from Php 100k to Php 500k | No Plea Bargain Allowed | |
Section 6, par. 1 Maintenance of Den, Dive or Resort Where dangerous drugs are used or sold in any form | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 6, par. 2 Maintenance of Den, Dive or Resort Where Controlled Precursors and Essential Chemicals are used or sold | 12 years & 1 day to 20 years & Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 6, par. 3 Where dangerous drug is sold or delivered to a minor and is allowed to use it in such place | Maximum Penalty | No Plea Bargain Allowed | |
Section 6, par. 4 When the use of dangerous drugs in such place causes the death of a person | Death & Fine from Php 1M to Php 10M imposed on owner, maintainer and/or operator | No Plea Bargain Allowed | |
Section 6, par. 6 Acting as Organizer, Manager or Financier of such place | Maximum Penalty | No Plea Bargain Allowed | |
Section 6, par. 7 Acting as "Protector/Coddler" | 12 years & 1 day to 20 years & Fine from Php 100k to Php 500k | Section 12 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs OR Section 15 Use of Dangerous Drugs | 6 months & 1 day to 4 years and a Fine Ranging from Php 10k to Php 50k 6 months Rehab Use of Dangerous Drugs (1st offense 6 years & 1 day to 12 years and a Fine Ranging from Php 50k to Php 200k (for 2nd offense) |
Section 8, par. 1 Manufacture of Dangerous Drugs | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 8, par. 2 Manufacture of Controlled Precursors and Essential Chemicals | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 8, par. 4 Acting as Financier | Maximum Penalty | No Plea Bargain Allowed | |
Section 8, par. 5 Actingas "Protector/Coddler" | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 9 Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain Allowed | |
Section 10, par. 1 Manufacture or Delivery of Equipment, Instruments, Apparatus and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (used to plant propagate, cultivate, grow, harvest, etc any dangerous drug, controlled precursor & essential chemical | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 10, par. 2 If paraphernalia manufactured or delivered will be used to introduce a dangerous drug in the human body | 6 months & 1 day to 4 years and fine ranging from Php 10k to Php 50k | No Plea Bargain | |
Section 10, par. 3 If a minor is used to deliver such equipment, instrument, paraphernalia, etc. | Maximum Penalty | No Plea Bargain Allowed | |
Section 11 Possession of Dangerous Drugs (Where quantity of shabu is 50 grams or more; opium, morphine, heroin, cocaine and marijuana resin is 10 grams or more; marijuana is 500 grams or more) | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 11, par. 1 Possession of Dangerous Drugs (Where quantity of shabu is 10 grams or more but less than 50 grams) | Life Imprisonment & Fine from Php 400k to Php 500k | No Plea Bargain Allowed | |
Section 11, par. 2 Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine, et al is 5 grams or more but less than 10 grams; 300 grams or more but less than 500 grams of marijuana) | 20 yrs and 1 day to Life Imprisonment & Fine from Php 400k to Php 500k | No Plea Bargain Allowed | |
Section 11, par. 3 Possession of Dangerous Drugs (Where quantity of "shabu", opium, morphine, heroin, cocaine, et al is less than 5 grams; marijuana is less than 300 grams) | 12 yrs & 1 day to 20 yrs and Fine from Php 300k to Php 400k | Section 12 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs | 6 months & 1 day to 4 years and a Fine Ranging from Php 10k to Php 50k |
Section 12 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs | 6 months & 1 day to 4 years and a Fine Ranging from Php 10k to Php 50k | Section 15 Use of Dangerous Drugs (An alternative is to allow the accused to change his plea to "guilty" and avail of the mitigating circumstance of voluntary plea of guilt) | 6 months Rehab (1st offense) 6 months & 1 day to 4 years and a Fine Ranging from Php 50k to Php 200k (for 2nd offense) |
Section 13 Possession of Dangerous Drugs During Parties, Sodal Gatherings or Meetings (Plea bargaining is allowed from Section 13 of Republic Act No. 9165 to Section 11, paragraph 3 of the same statute where the quantity of dangerous drugs Involved is less than 5 grams (in cases of "shabu", opium, cocaine, etc.) and less than 300 grams of marijuana. If the quantity of dangerous drugs Involved exceeds the above amounts, plea bargaining is prohibited.) | Maximum Penalties provided under Section 11regardless of quantity or purity | Section 11, par. 3 Possession of Dangerous Drugs (Plea bargaining is allowed where the quantity of "shabu", opium, morphine, heroin, cocaine, et al is less than 5 grams and marijuana is less than 300grams. If the quantity of dangerous drugs involved exceeds the above quantities, no plea bargaining is allowed.) | 12 yrs & 1 day to 20 yrs and Fine from Php 300k to Php 400k |
Section 14 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings | Maximum Penalty provided under Section 12 | Section 15 Use of Dangerous Drugs | 6 mos. Rehab for 1st offense; 6 yrs & 1 day to 12 yrs & fine from Php 50k to Php 200k for 2nd offense |
Section 15 Use of Dangerous Drugs | 6 mos. Rehab for 1st offense; 6 yrs & 1 day to 12 yrs & fine from Php 50k to Php 200k for 2nd offense | No Plea Bargain | |
Section 16, par. 1 Cultivating or Culture of Plants Classified as Dangerous Drugs or are Sources thereof | Life Imprisonment to Death and Fine from Php 500k to Php 10M | No Plea Bargain | |
Section 16, par. 3 Acting as Financier | Maximum Penalty | No Plea Bargain Allowed | |
Section 16, par. 4 Acting as "Protector/Coddler" | 12 yrs & 1 day to 20 yrs and Fine from Php 100k to Php 500k | No Plea Bargain | |
Section 17 Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors & Essential Chemicals | 1 yr. and 1 day to 6 yrs, and Fine from Php 10k to Php 50k | No Plea Bargain | |
Section 18 Unnecessary Prescription of Dangerous Drugs | 12 yrs & 1 day to 20 yrs & Fine from Php 100k to Php 500k with revocation of license of practitioner | No Plea Bargain | |
Section 19 Unlawful Prescription of Dangerous Drugs | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 26 Attempt or Conspiracy | Penalty Provided in Previous Sections for Importation, Sale, Maintenance of Den, Manufacture & Cultivation of Dangerous Drugs | No Plea Bargain Allowed | |
Section 27 Criminal Liability of Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for Confiscated Dangerous Drugs, etc. | Life Imprisonment to Death & Fine from Php 500k to Php 10M | No Plea Bargain Allowed | |
Section 29 Planting of Evidence | Death | No Plea Bargain Allowed | |
Section 32 Liability of Person Violating any Regulation Issued by the Dangerous Drugs Board | 6 mos. & 1 day to 4 yrs and fine, from Php 10k to Php 50k | No Plea Bargain | |
Section 37 Issuance of False or Fraudulent Drug Test Results | 6 yrs and 1 day to 12 yrs & fine from Php 100k to Php 500k | No Plea Bargain | |
Section 72 Liability of Person who violates the Confidentiality of Records (of drug dependent under voluntary submission program) | 6 mos. & 1 day to 6 yrs and fine, from Php 1k to Php 6k | No Plea Bargain | |
Section 91, par. 1 Responsibility & Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases | 12 yrs and 1 day to 20 yrs and fine of not less than Php 500k | Section 91, par. 2 Liability of Immediate Superior if he failed to exert reasonable effort to present witness to court | 2 mos and 1 day but not more than 6 yrs and fine of not less that Php 10k but not more than Php 50k |
Section 91, par. 2 Liability of Immediate Superior if he filed to exert reasonable effort to present witness to court | 2 mos and 1 day but not more than 6 yrs and fine of not less that Php 10k but not more than Php 50k | No Plea Bargain | |
Section 91, par. 3 Failure of Immediate Superior to Inform Court of Transfer or Re-Assignment of Accused Law Enforcement Agent | 2 mos and 1 day but not more than 6 yrs and fine of not less that Php 10k but not more than Php 50k | No Plea Bargain | |
Section 92 Delay and Bungling in the Prosecution of Drug Cases | 12 yrs and 1 day to 20 yrs without prejudice to further prosecution under the RPC | No Plea Bargain Allowed |
CRIMINAL CASE NO. | OFFENSE CHARGED (Republic Act No. 9165) | ACCUSED'S PROPOSAL | PROSECUTION'S COUNTER-PROPOSAL | |||
SECTION | PENALTY | SECTION | PENALTY | SECTION | PENALTY | |
CRC 416-2017 (0.1029 gram of shabu) | Sec. 5 Illegal Sale of Dangerous Drugs | Life Imprisonment and a fine ranging from P500,000.00 to P10,000,000.00 | Section 12. Possession of Paraphernalia for dangerous drugs | Imprisonment of 6 months and 1 day to 4 years | Sec. 11. Illegal Possession of Dangerous Drugs | Indeterminate Penalty of 12 years and 1 day to 14 years and 8 months and a fine of P300,000.00 |
CRC 417-2017 (0.0870 gram, 0.06543 gram, .0545 gram, and 0.0531 gram of shabu) | Sec.11. Illegal Possession of Dangerous Drugs | 12 years and 1 day to 20 years and a fine ranging from P300,000.00 to P400,000.00 | Section 12. Possession of Paraphernalia for dangerous drugs | Imprisonment of 6 months and 1 day to 4 years | Section 12. Possession of Paraphernalia for dangerous drugs | Indeterminate Penalty of 6 months and 1 day to 4 years and a fine of P25,000.00 |
CRC 418-2017 | Section 12. Possession of Paraphernalia for dangerous drugs | Imprisonment of 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 | Sec. 15 Use of Dangerous Drugs | Compulsory 6-month rehabilitation | Plead to the crime as charged | Indeterminate Penalty of 6 months and 1 day to 4 years and a fine of P25,000.00 |
Since the parties failed to reach an agreement in Criminal Case No. CRC 416-2017, the trial court issued an Order[15] on December 6, 2018 denying Sayre's Motion to Plea Bargain and setting the case for pre-trial.
CRIMINAL CASE NO. OFFENSE CHARGED
(Republic Act No. 9165) ACCUSED'S PROPOSAL PROSECUTION'S COUNTER-PROPOSAL SECTION PENALTY SECTION PENALTY SECTION PENALTY CRC 416-2017
(0.1029 grams of shabu) Sec. 5
Illegal Sale of Dangerous Drugs Life Imprisonment and a fine ranging from P500,000.00 to P10,000,000.00 Section 12.
Possession of Paraphernalia for dangerous drugs Imprisonment of 6 months and 1 day to 4 years Sec. 11.
Illegal Possession of Dangerous Drugs Indeterminate Penalty of 12 years and 1 day to 14 years and 8 months and a fine of P300,000.00
SECTION 2. Plea of guilty to a lesser offense. - At arraignment, the accused with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary.A plain reading of this provision shows only one (1) part of the plea bargaining process: the plea of the lesser offense before the court. This presupposes that the courts only participate in the plea bargaining process once the accused has presented his or her offer and the prosecution and the private offended party has consented to the offer.
SECTION 1. Pre-trial; mandatory in criminal cases. - In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following:The mandate to consider plea bargaining after arraignment does not necessarily mean that the accused must always plead guilty to the lesser offense in all criminal cases. It simply means that if the accused and the prosecution come to court with a plea bargain deal during pre-trial, the court must consider the plea bargain deal.
(a) plea bargaining[.]
In the case at bar, the private respondent (accused) moved to plead guilty to a lesser offense after the prosecution had already rested its case. In such situation, jurisprudence has provided the trial court and the Office of the Prosecutor with a yardstick within which their discretion may be properly exercised. Thus, in People v. Kayanan, We held that the rules allow such a plea only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. In his concurring opinion in People v. Parohinog, then Justice Antonio Barreda explained clearly and tersely the rationale of the law:Indeed, a guilty plea "for a lighter offense than that actually charged is not supposed to be allowed as a matter of bargaining or compromise for the convenience of the accused";[31] rather, it should be allowed based on the sufficiency of the prosecution's evidence.... (A)fter the prosecution had already rested, the only basis on which the fiscal and the court could rightfully act in allowing the appellant to change his former plea of not guilty to murder to guilty to the lesser crime of homicide could be nothing more nothing less than the evidence already in the record. The reason for this being that Section 4 of Rule 118 (now Section 2, Rule 116) under which a plea for a lesser offense is allowed was not and could not have been intended as a procedure for compromise, much less bargaining.[30] (Emphasis in the original, citations omitted)
As regards plea bargaining during the pre-trial stage, as. in the present case, the trial court's exercise of its discretion should neither be arbitrary nor should it amount to a capricious and whimsical exercise of discretion. Grave abuse of discretion implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction or, in other words, where the power is exercised in an arbitrary manner by reason of passion, prejudice, or personal hostility; and it must be so patent or gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined by law, or to act at all in contemplation of law.[33]Nonetheless, in that case, this Court observed that the court's exercise of discretion to allow the plea to a lesser offense was supported by the favorable recommendation of the Office of the Special Prosecutor to approve the motion to plea bargain.[34]
Under the present Rules, the acceptance of an offer to plead guilty is not a demandable right but depends on the consent of the offended party and the prosecutor, which is a condition precedent to a valid plea of guilty to a lesser offense that is necessarily included in the offense charged. The reason for this is that the prosecutor has full control of the prosecution of criminal actions; his duty is to always prosecute the proper offense, not any lesser or graver one, based on what the evidence on hand can sustain.Department of Justice Circular No. 27, thus, cannot be considered unconstitutional for having "repealed, altered[,] or modified"[37] the provisions of A.M. No. 18-03-06-SC. It was issued to guide the prosecution as to whether it should give its consent to a plea bargain. Control over the prosecution of criminal offenses is not within judicial discretion. Just as legislative enactments cannot run counter to this Court's procedural rules, so too should judicial interference not be allowed in prosecutorial decisions.[Courts] normally must defer to prosecutorial decisions as to whom to prosecute. The reasons for judicial deference are well known. Prosecutorial charging decisions are rarely simple. In addition to assessing the strength and importance of a case, prosecutors also must consider other tangible and intangible factors, such as government enforcement priorities. Finally, they also must decide how best to allocate the scarce resources of a criminal justice system that simply cannot accommodate the litigation of every serious criminal charge. Because these decisions "are not readily susceptible to the kind of analysis the courts are competent to undertake," we have been "properly hesitant to examine the decision whether to prosecute."[36]
A.M. No. 18-03-06-SC provides for a more lenient plea of violation of Section 12 for the sale of up to 0.99 gram of shabu, or up to 9.99 grams of marijuana; for the sale of 1.00 gram or more of shabu, or of 10.00 grams or more of marijuana, plea bargain is no longer allowed.
REPUBLIC ACT NO. 9165 A.M. NO. 18-03-06-SC DOJ CIRCULAR NO. 27 OFFENSE PENALTY QUANTITY OF THE ILLEGAL DRUG ACCEPTABLE PLEA BARGAIN PENALTY QUANTITY OF THE ILLEGAL DRUG ACCEPTABLE PLEA BARGAIN PENALTY Sec. 5
Illegal Sale of Dangerous Drugs Life Imprisonment and a fine ranging from P500,000.00 to P10,000,000.00 0.01 gram to 0.99 grams of shabu Section 12.
Possession of Paraphernalia for dangerous drugs 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 Less than 5 grams of shabu and less than300 grams of marijuana Sec. 11
Illegal Possession of Dangerous Drugs 12 years and 1 day to 20 years and a fine of P200,000.00 to P400,000.00 1.00 gram and above of shabu No plea bargaining allowed 0.01 gram to 9.99 gramsof marijuana Section 12.
Possession of Paraphernalia for dangerous drugs 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 10.00 grams of marijuana No plea bargaining allowed
It is lamentable that while our dockets are clogged with prosecutions under Republic Act No. 9165 involving small-time drug users and retailers, we are seriously short of prosecutions involving the proverbial "big fish." We are swamped with cases involving small fry who have been arrested for miniscule amounts. While they are certainly a bane to our society, small retailers are but low-lying fruits in an exceedingly vast network of drug cartels. Both law enforcers and prosecutors should realize that the more effective and efficient strategy is to focus resources more on the source and true leadership of these nefarious organizations. Otherwise, all these executive and judicial resources expended to attempt to convict an accused for 0.05 gram of shabu under doubtful custodial arrangements will hardly make a dent in the overall picture. It might in fact be distracting our law enforcers from their more challenging task: to uproot the causes of this drug menace. We stand ready to assess cases involving greater amounts of drugs and the leadership of these cartels.[39]This Court had the same observation in Lescano v. People,[40] which involved the sale of 1.4 grams of marijuana.
The separation of powers among the three co[-]equal branches of our government has erected an impregnable wall that keeps the power to promulgate rules of pleading, practice and procedure within the sole province of this Court. The other branches trespass upon this prerogative if they enact laws or issue orders that effectively repeal, alter or modify any of the procedural rules promulgated by the Court. x x xAs described by Chief Justice Peralta, the underlying objective of both our pronouncement in Estipona and Office of the Court Administrator (OCA) Circular No. 90-2018[6] was precisely to declog the dockets and the penal system. Particularly, in elucidating on the reason behind the availability of Section 12 of Republic Act No. (RA) 9165,[7] as amended (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs) as an acceptable bargain for Section 5 of RA 9165 (Sale, Trading, etc. of Dangerous Drugs: Metamphetamine hydrochloride or shabu), the Chief Justice explained:
x x x x
x x x To reiterate, the Court's authority to promulgate rules on pleading, practice, and procedure is exclusive and one of the safeguards of Our institutional independence.[5]
It bears emphasis that the main reason of the Court in stating in A.M. No. 18-03-16-SC dated April 10, 2018 that "plea bargaining is also not allowed under Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all other kinds of dangerous drugs, except shabu and marijuana" lies in the diminutive quantity of the dangerous drugs involved. Taking judicial notice of the volume and prevalence of cases involving the said two (2) dangerous drugs, as well as the recommendations of the Officers of the PJA, the Court is of the view that illegal sale of 0.01 gram to 0.99 gram of methamphetamine hydrochloride (shabu) is very light enough to be considered as necessarily included in the offense of violation of Section 12 (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia/or Dangerous Drugs), while 1.00 gram and above is substantial enough to disallow plea bargaining. The Court holds the same view with respect to illegal sale of 0.01 gram to 9.99 grams of marijuana, which likewise suffices to be deemed necessarily included in the same offense of violation of the same Section 12 of R.A. No. 9165, while 10.00 grams and above is ample enough to disallow plea bargaining.[8]This judicial notice was drawn from the Court's observation of a plethora of acquittals that have been promulgated by the Court, especially in the recent years. In these exemplifying cases, persons charged with Section 5, Article II of RA 9165 were often apprehended for a measly amount of drugs between 0.01 to 0.99 gram in weight. And these persons languished in jail for years, only to be acquitted upon appeal to the Supreme Court because the prosecution failed to strictly comply with the mandatory requirements of Section 21 of RA 9165.
SEC. 2. Plea of guilty to a lesser offense. - At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary.For there to be a valid plea bargain, it is crucial that both the accused and the prosecution conform to it. Verily, there is a give-and-take negotiation common in plea bargaining. Plea bargaining is notably characterized by mutual concessions arrived at by both the prosecution and the defense in order to avoid potential losses. In truth, when properly administered, plea bargaining is to be encouraged because the chief virtues of the system, i.e., speed, economy, and finality, can benefit the accused, the offended party, the prosecution, and the court.[3]
While plea bargaining is now allowed pursuant to the case of "Salvador Estipona, Jr. y Asuela v. Hon. Frank E. Lobrigo," the discretion of prosecution offices to give their consent to offers of plea bargaining in dangerous drugs cases is subject to strict control and monitoring by this Department in view of the intensified campaign of the government against illegal drugs.[16]The explicit purpose of the guidelines was to control and monitor the exercise of discretion by prosecution offices before consenting to plea bargains. Obviously, the guidelines are binding only upon these prosecution offices, and shall not affect the discretion of the courts. With due respect, the view that the DOJ Circular will "ultimately amount to deadlocks"[17] is inaccurate. If the prosecution does not give consent, then the next course of action for the court is simple: just continue with the ordinary course of proceedings.·When the prosecution withholds its consent, it basically means no plea bargaining agreement was reached and trial merely proceeds. Ultimately, there is no such danger for any "deadlock" to occur.
In the event that the court insists on approving a plea bargain that is not allowed or goes beyond what is allowed under these guidelines, the trial prosecutor shall interpose his/her vigorous objection in open court and manifest that the State does not give its consent to the plea bargain.[18]Further, the foregoing interpretation of the DOJ Circular is admitted by respondents. Respondents averred that the circular only applies to the negotiation stage of plea bargaining, i.e., before the prosecution consents. Thereafter, should there be a plea bargaining agreement by the parties, the approval of the same becomes subject to the sound discretion of the court.[19]
If the accused moved to plead guilty to a lesser offense subsequent to a bail hearing or after the prosecution rested its case, the rules allow such a plea only when the prosecutiqn does not have sufficient evidence to establish the guilt of the crime charged. The only basis on which the prosecutor and the court could rightfully act in allowing change in the former plea of not guilty could be nbthing more and nothing less than the evidence on record. As soon as the prosecutor has submitted a comment whether for or against said motlon, it behooves the trial court to assiduously study the prosecution's evidence as well as all the circumstances upon which the accused made his change of plea to the end that the interests ofjustice arid of the public will be served.[22]When the Court's rule-making power and the prosecution services' full discretion and control over criminal prosecutions are properly delineated and distinguished it becomes apparent that the DOJ Circular does not contravene the Plea Bargaining Framework found in A.M. No. 18-03-16-SC. Simply stated, the DOJ Circular did not encroach upon the Supreme Court's power to promulgate rules on pleading, practice, and procedure in all courts.
Significantly, plea bargaining is always addressed to the sound discretion of the judge, guided by Court issuances, like A.M. No. 18-03-16-SC dated April 10, 2018. If the objection to the plea bargaining is solely to the effect that it will weaken the drug campaign of the government, then the judges may overrule such objection because they are constitutionally bound to settle actual controversies involving rights which are legally demandable and enforceable. Judges must decide cases based on evidence, law and jurisprudence, and they cannot just defer to the policy of another Branch of the government. However, if objections to the plea bargaining are valid and supported by evidence to the effect that the offender is a recidivist, a habitual offender, or known in the community as a drug addict and a troublemaker, or one who has undergone rehabilitation but ha a relapse, or has been charged many times, or when the evidence of guilt of the charge is strong, courts should not allow plea bargaining, because that will not help keep law and order in the community and the society. And just because the prosecution and the defense agree to enter into a plea bargain, it does not mean that the courts will approve the same. The judge must still exercise sound discretion in granting or denying plea bargaining, taking into account relevant circumstances, such as the character of the accused.[24]It should be emphasized that the Regional Trial.Court (RTC) correctly ordered the continuation of proceedings because there was no mutual agreement to plea bargain. Since the prosecution did not give its consent pursuant to Section 2, Rule 116 of the Revised Rules of Criminal Procedure the RTC properly exercised discretion in choosing to proceed with trial.
Yet a defendant has no constitutional right to plea bargain. No basic rights are infringed by trying him rather than accepting a plea of guilty; the prosecutor need not do so if he prefers to go to trial. Under the present Rules, the acceptance of an offer to plead guilty is not a demandable right but depends on the consent of the offended party and the prosecutor, which is a condition precedent to a valid plea of guilty to a lesser offense that is necessarily included in the offense charged. The reason for this is that the prosecutor has full control of the prosecution of criminal actions; his duty is to always prosecute the proper offense, not any lesser or graver one, based on what the evidence on hand can sustain.Moreover, it is settled that the RTC has the authority to proceed or disallow the plea bargaining despite objection from the prosecutor. As discussed in OCA Circular No 80-2019 and A.M. No. 18-03-16-SC, April 2, 2019,[3] plea bargaining is addressed to the sound discretion of the judge, thus:
[Courts] normally must defer to prosecutorial decisions as to whom to prosecute. The reasons for judicial deference are well known. Prosecutorial charging decisions are rarely simple. In addition to assessing the strength and importance of a case, prosecutors also must consider other tangible and intangible factors, such as government enforcement priorities. Finally, they also must decide how best to allocate the scarce resources of a criminal justice system that simply cannot accommodate the litigation of every serious criminal charge. Because these decisions "are not readily susceptible to the kind of analysis the courts are competent to undertake," we have been "properly hesitant to examine the decision whether to prosecute."
The plea is further addressed to the sound discretion of the trial court, which may allow the accused to plead guilty to a lesser offense which is necessarily included in the offense charged. The word may denotes an exercise of discretion upon the trial court on whether to allow the accused to make such plea.61 Trial courts are exhorted to keep in mind that a plea of guilty for a lighter offense than that actually charged is not supposed to be allowed as a matter of bargaining or compromise for the convenience of the accused. (Emphases Supplied).
Significantly, plea bargaining is always addressed to the sound discretion of the judge, guided by the Court issuances, like A.M. No. 18-03-16-SC dated April 10, 2018. If the objection to the plea bargaining is solely to the effect that it will weaken the drug campaign of the government, then the .iudges may overrule such objection because they are constitutionally bound to settle actual controversies involving rights which are legally demandable and enforceable. Judges must decide cases based on evidence, law and jurisprudence, they cannot just defer to the policy of another Branch of government. However, if objections to the plea bargaining are valid and supported by evidence to the effect that the offender is a recidivist, a habitual offender, or lrnown in the community as a drug addict and troublemaker, or one who has umlergone rehabilitation but had a relapse, or has been charged many times, or when the evidence of guilt of the charge is strong, courts should not allow plea bargaining, because that will not help keep law and order in the community and the society. And just because the prosecution and the defense agree to entr into a plea bargain, it does not mean that the courts will approve the same. The judge must still exercise sound discretion In granting or denying plea bargaining, taking into account relevant circumstances, such as the character of the accused. (Emphases Supplied)Indeed, given the objection of the prosecutor, the RTC may deny the accused's motion for plea bargaining and continue with the proceedings. This is what transpired here. The RTC's deference to prosecutorial decisions as to who to prosecute does not constitute grave abuse of discretion which is a capricious and whimsical exercise of judgment so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perfonn a duty enjoined by law, as where the power IS exercised in an arbitrary and despotic manner because of passion or hostility.