Plea Bargaining Framework in Drugs Cases
The OCA Circular No. 90-2018 establishes a Plea Bargaining Framework for drug-related cases in Philippine second-level courts, following a Supreme Court resolution declaring certain provisions of the Comprehensive Dangerous Drugs Act unconstitutional. The framework outlines acceptable plea bargains based on the type and quantity of drugs involved, specifying penalties and the conditions for rehabilitation. It emphasizes that plea bargaining is prohibited for serious offenses, such as trafficking of dangerous drugs or when the penalty is life imprisonment. Courts are instructed to ensure compliance with the new guidelines, which aim to simplify processes and address concerns raised by judicial authorities.
Law Information
- Reference Number
- OCA Circular No. 90-2018
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 4, 2018
OCA CIRCULAR NO. 90-2018
| TO | : | All Judges and Clerks of Court of the Second Level Courts |
| SUBJECT | : | Plea Bargaining Framework in Drugs Cases |
For the information and guidance of all second level courts, appended herein as Annex "A" is the Resolution dated 10 April 2018 of the Court En Banc in Administrative Matter No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases). AScHCD
Strict compliance is hereby enjoined.
(SGD.) JOSE MIDAS P. MARQUEZ
Court Administrator
ANNEX A
EN BANC
[A.M. No. 18-03-16-SC. April 10, 2018.]
ADOPTION OF THE PLEA BARGAINING FRAMEWORK IN DRUGS CASES
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution datedAPRIL 10, 2018, which reads as follows:
"A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases). — On August 15, 2017, an En Banc Decision in G.R. No. 226679 — Salvador Estipona, Jr. vs. Hon. Frank E. Lobrigo was rendered whereby Section 23 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, was declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution;
On April 3, 2018, the Court En Banc deliberated upon and discussed Administrative Matter No. 18-03-16-SC regarding the Suggested Plea Bargaining Framework submitted by the Philippine Judges Association;
On April 5, 2018, Justice Diosdado M. Peralta met with the Officers of the Philippine Judges Association, namely: Hon. Felix P. Reyes (President), Hon. Frank E. Lobrigo (Senior Vice-President), Hon. Francisco P. Felizmenio (VP Legal), Hon. Maria Paz R. Reyes-Yson (Secretary General), Hon. Divina Gracia L. Peliño and Hon. Racquelen A. Vasquez (Presidential Advisers), to discuss the revisions on the plea bargaining framework, which was made simpler and easier to understand, and addressed the concerns raised in the En Banc Agenda of April 3, 2018;
On April 6, 2018, a revised plea bargaining framework, which is more simplified, incorporated therein the suggestions of the members of the En Banc and were submitted and, on April 10, 2018, was further deliberated upon and, thereafter, the En Banc approved the same with modifications containing the suggested revision of Associate Justice Presbitero J. Velasco, Jr. regarding exception to probation of offenses involving illegal drug-trafficking or pushing under Section 5 in relation to Section 24 of R.A. No. 9165, and the suggestion of Associate Justice Teresita J. Leonardo-De Castro to make clearer the non-applicability of plea bargaining in cases where the penalty is life imprisonment or life imprisonment to death;
NOW, THEREFORE, the Supreme Court hereby orders the adoption of the Plea Bargaining Framework in Drugs Cases, as follows:
|
Offense Charged |
Acceptable Plea Bargain |
Remarks |
|||
|
Section |
Penalty |
Quantity |
Section |
Penalty |
|
|
Section 11, par. 3. Possession ofDangerousDrugs (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. PossessionofEquipment,Instrument,Apparatusand OtherParaphernalia forDangerousDrugs |
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. 3. Possession ofDangerousDrugs (Where quantity of marijuana is less than 300 grams) |
12 years and 1 day to 20 years and fine ranging from fine from P300,000 to P400,000 |
.01 gram to 299.99 grams |
Section 12. PossessionofEquipment,Instrument,Apparatusand OtherParaphernalia forDangerousDrugs |
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 ofDangerousDrugs (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. PossessionofDangerousDrugs |
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 ofDangerousDrugs (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. PossessionofDangerousDrugs |
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 ofEquipment,Apparatus andOtherParaphernalia for DangerousDrugs |
6 months and 1 day to 4 years and fine ranging from P10,000 to P50,000 |
|
Section 15. Use ofDangerousDrugs |
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 ofEquipment,Apparatus andOtherParaphernaliafor Dangerous Drugs duringParties, SocialGatherings orMeetings |
Maximum penalty in Section 12 |
|
Section 15. Use ofDangerousDrugs |
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. ofDangerousDrugs(Methamphetaminehydrochlorideor shabu only) |
Life Imprisonment to Death and fine ranging from P500,000 to P10,000,000 |
.01 gram to .99 grams (methamphetamine hydrochloride or shabu only) |
Section 12. PossessionofEquipment,Instrument,Apparatusand OtherParaphernalia for DangerousDrugs |
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. |
|
1.00 gram and above (methamphetamine hydrochloride or shabu only) |
No plea bargaining allowed |
|
|
||
|
Section 5. Sale, Trading,etc. ofDangerousDrugs(Marijuanaonly) |
Life Imprisonment to Death and fine ranging from P500,000 to P10,000,000 |
.01 gram to 9.99 grams of marijuana only |
Section 12. PossessionofEquipment,Instrument,Apparatusand OtherParaphernaliaforDangerousDrugs |
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. |
|
10.00 grams of marijuana only and above |
No plea bargain allowed |
|
|
In all other cases where the imposable penalty is life imprisonment or life imprisonment to death, plea bargaining is not allowed. 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.
The Office of the Court Administrator is DIRECTED to ISSUE a Circular for dissemination to all concerned." Sereno, C.J., on leave. Del Castillo, J., on leave. Reyes, Jr., J., on official leave. (adv35) aScITE
Very truly yours,
(SGD.) EDGAR O. ARICHETAClerk of Court
Cite This Law
Plea Bargaining Framework in Drugs Cases, OCA Circular No. 90-2018, May 4, 2018 (Philippines)
Plea Bargaining Framework in Drugs Cases, OCA Circular No. 90-2018 (Phil. 2018)
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