[ OCA CIRCULAR NO. 90-2018, May 04, 2018 ]

[ OCA CIRCULAR NO. 90-2018, May 04, 2018 ]

[ OCA CIRCULAR NO. 90-2018, May 04, 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).

Strict compliance is hereby enjoined.

4 May 2018.

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator

Annex "A"

Sirs/Mesdamps;

Please take notice that the Court en banc issued a Resolution dated APRIL 10, 20.18, which reads as follows:

"A.M.. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases).- On August15, 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. Pelino 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 Bane 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 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 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 penaltyand the period of his after-care and follow-up program is 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

Section 11, par.3.

Possession of Dangerous Drugs (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. 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 1year may likewise be imposed.

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 of 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 or 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 month 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. Possesseion 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 month treatment and rehabilitation

If accused admits drug use, or denies during 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 to P10,000,000

.01 gram to .99 grams (methamphetamine hydrochloride or shabu only)

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 P10,000.00 to P50,000

N.B.: The couirt 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 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 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 (methampetamine 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 to 10,000,000

.01 gram to 9.99 grams of marijuana only

10.0 grams of marijuana only and above

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs

No plea bargain allowed

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 impose 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 is 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.

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 of all concerned." Sereno, C.J., on leave. Del Castillo, J., on leave. Reyes, Jr., on official leave. (adv35)

Very truly yours, (SGD.) EDGAR O. ARICHETA Clerk of Court