SC clarifies guidelines on plea bargaining in drug cases
MANILA, Philippines — The Supreme Court has released clarificatory guidelines in plea-bargaining in drugs cases, as it resolved questions on a Department of Justice circular on the same issue and an earlier ruling of the court.
In an en banc session on Tuesday, the SC resolved consolidated cases of People v. Montierro, Baldadera vs. People and Re: Letter of the Philippine Judges Association Expressing its Concern over the Ramifications of Decision G.R. No. 247575 and G.R. No. 250295 (A.M. 21-07 16-SC).
In the process, the SC moved to address the conflict between Department of Justice Circular No. 27, which prohibits plea bargaining for cases of illegal sale of dangerous drugs, to illegal possession of drug paraphernalia and the tribunal’s resolution adopting the Plea Bargaining Framework in Drug Cases.
Plea bargaining allows the accused and the prosecution to arrive at a mutually satisfactory disposition of the case, where the defendant pleads guilty to a lesser offense.
In 2017, the SC affirmed its ruling that declared unconstitutional the prohibition on plea bargaining in Republic Act 9165, or the Comprehensive Dangerous Drugs Act.
But the DOJ issued a circular in June 2018 that provided guidelines in plea bargaining for drug cases.
Part of it stated that no plea bargain is allowed for violation of Section 4 or the importation of dangerous drugs and parts of Section 5 such as the sale, trading of controlled precursor and essential chemicals, and sale from within 100 meters from a school.
Court issues guidelines
“Holding the plea bargaining in the prosecution of drugs cases goes into the very matters of fundamental constitutional rights, the Court resolved to clarify the guidelines it earlier issued,” the statement from the SC Public Information said.
It added: “While the [SC] takes judicial notice of the DOJ’s efforts to amend the DOJ Circular No. 27 to conform with the Plea Bargaining Framework in Drugs Cases, the Court nevertheless issues the following guidelines for the guidance of both the Bench and the Bar.”
Part of the guidelines held that judges will still exercise the discretion in granting or denying plea bargaining even when the prosecution and defense have already arrived at an agreement.
Recidivists, habitual offenders, known drug addicts and troublemakers, persons who underwent rehabilitation but relapsed and who have been charged many times; and when the evidence of guilt is strong, shall not be allowed to enter into plea bargaining if the objection is valid.
Other parts of the guidelines are the following:
- 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 to 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 Drugs Cases, the judge shall order that a drug dependency assessment be administered. If the accused admits drug use, or denies it but is found positive after a drug dependency test, then he/she shall undergo treatment and rehabilitation for a period of not less than six (6) months. Said period shall be credited to his/her penalty and the period of his/her after-care and follow-up program if the penalty is still unserved. If the accused is found negative for drug use/dependency, then he/she will be released on time served, otherwise, he/she will serve his/her sentence in jail minus the counselling period at the rehabilitation center.
- 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.
- 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.
- If the prosecution objects to the accused's plea bargaining proposal due to the circumstances enumerated in item no. 5, the trial court is mandated to hear the prosecution's objection and rule on the merits thereof. If the trial court finds the objection meritorious, it shall order the continuation of the criminal proceedings.
- If an accused applies for probation in offenses punishable under RA No. 9165, other than for illegal drug trafficking or pushing under Section 5 in relation to Section 24 thereof, then the law on probation shall apply.
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