SC adopts plea bargaining in drug cases

MANILA, Philippines — The Supreme Court (SC) has issued a framework on plea bargaining in drug cases that would allow drug suspects to plead guilty to a lesser offense. 

The SC, however, said the plea bargaining would not be allowed in cases punishable by life imprisonment or death.

“Plea bargaining is also not allowed under Section 5 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 on sale, trading, administration, dispensation, delivery, distribution and transportation of all kinds of dangerous drugs, “ the SC said in an eight-page resolution.

Under the plea bargaining framework, an accused charged with violation of possession of drugs where the quantity is less than five grams (in case of shabu, opium, morphine, heroin and cocaine, and less than 300 grams in case of marijuana) with a penalty of 12 years and one day to 20 years in prison and a fine of P300,000 to P400,000, the accused can plea bargain to a violation of Section 12 on possession of drug paraphernalia and apparatus with a penalty of six months and one day to four years in prison and a fine ranging from P10,000 to P50,000.

“If the accused admits using drugs or denies it but is found positive after testing, he or she should undergo rehabilitation for a period of not less than six months,” the SC said.