THE Supreme Court has adopted a plea-bargaining framework for offenses involving illegal drugs that would allow an accused to plead guilty to a lesser offense in exchange for a lighter penalty.
In an en banc resolution dated April 10, 2018, the high court approved the “Plea Bargaining Framework in Drugs Cases” where an accused is allowed to plead guilty to a lesser offense.
But the 15-member tribunal disallowed plea bargaining in drugs cases where the imposable penalty is life imprisonment or life imprisonment to death.
Under the framework, the high court said, plea bargaining is also not allowed on the sale, trading, administration, dispensation, delivery, distribution and transportation of all kinds of dangerous drugs.
“In all other cases where the imposable penalty is life imprisonment or life imprisonment to death, plea bargaining is not allowed,” the high court said.
The tribunal approved the plea-bargaining framework for drug offenses after Associate Justice Diosdado Peralta met with the officers of the Philippine Judges Association, which submitted the draft on the plea-bargaining framework.
Following the framework’s adoption, the high court ordered Court Administrator Jose Midas Marquez to issue a circular to all trial courts in the country for the implementation of the plea- bargaining framework.
Under that framework, an accused charged with violation of Section 11 of RA 9165 on the possession of dangerous 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), he or she can plea- bargain.
In this case, the high court says “the court be given the discretion to impose a minimum period and a maximum period to be taken from the range of penalties provided by law.”
A straight penalty within the range of six months and one day to one year may likewise be imposed, the tribunal said.