Guidelines on Plea-Bargaining
OCA Circular No. 102-2023 provides updated guidelines on plea-bargaining for first and second level courts in the Philippines, particularly regarding drug-related offenses. It stipulates that plea bargaining must be initiated in writing by the accused and that the lesser offense proposed must be included in the original charge. Judges are required to assess drug dependency and may mandate treatment if the accused is found to be a drug user. The court retains discretion over plea agreements, and objections based on the accused's criminal history or strong evidence of guilt can lead to a continuation of criminal proceedings. Additionally, the guidelines clarify that judges can override prosecution objections that conflict with the Court's established plea-bargaining framework.
March 3, 2023
OCA CIRCULAR NO. 102-2023
| TO | : | All First and Second Level Courts |
| SUBJECT | : | Guidelines on Plea-Bargaining |
For the information and guidance of all concerned, below are the latest guideposts on plea-bargaining laid down by the Court in the consolidated cases of People vs. Montierro (G.R. No. 254564); Baldadera vs. People (G.R. No. 254564); Re: Letter of the Philippine Judges Association Expressing its Concern over the Ramifications of the Decisions (G.R. No. 247575); G.R. No. 250295 [A.M. No. 21-07-16-SC]; and Re: Letter of Chief Justice Diosdado M. Peralta on the Suggested Plea-Bargaining Framework Submitted by the Philippine Judges Association (A.M. No. 18-03-16-SC), dated 26 July 2022, thus:
1. Offers for plea bargaining must be initiated in writing by way of a formal written motion filed by the accused in court.
2. The lesser offense which the accused proposes to plead guilty to must necessarily be included in the offense charged.
3. Upon the 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 rehabilitation center.
4. As a rule, plea bargaining requires the mutual agreement of the parties and remains subject to the approval of the court. Regardless of the mutual agreement of the parties, the acceptance of the offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter addressed entirely to the sound discretion of the court.
a. Though the prosecution and the defense may agree to enter into a plea bargain, it does not follow that the courts will automatically approve the proposal. Judges must still exercise sound discretion in granting or denying plea bargaining, taking into account the relevant circumstances, including the character of the accused.
5. The court shall not allow plea bargaining if the objection to the plea bargaining is valid and supported by evidence to the effect that:
a. the offender is a recidivist, habitual offender, known in the community as a drug addict and a troublemaker, has undergone rehabilitation but had a relapse, or has been charged many times; or
b. when the evidence of guilt is strong.
6. 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.
7. 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.
8. 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.
9. 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.
Accordingly, pursuant to the above-cited guidelines, particularly item number 7 thereof, despite the requirement of mutual agreement of the parties, 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.
(SGD.) JENNY LIND R. ALDECOA-DELORINODeputy Court Administrator and Officer-in-ChargeOffice of the Court Administrator(Per Memorandum Order No. 32-2023 dated 27 February 2023)