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 dated APRIL 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 12 years & 1 .01 gram Section 6 months and 1 In all instances,
of Dangerous Drugs (Where day to 20 years to 4.99 12. Possession of Equipment,  day to 4 years whether or not the
quantity of shabu, opium, morphine, and fine ranging grams Instrument, Apparatus and and a fine maximum period of
heroin, cocaine is less than 5 grams) from P300,000 Other Paraphernalia ranging from the penalty imposed
to P400,000 for Dangerous Drugs P10,000 to is already served,
P50,000 drug dependency test
shall be required. If
  accused admits drug
N.B.: The court use, or denies it but is
is given the found positive after
discretion to drug dependency test,
impose a he/she shall undergo
minimum treatment and
period and a rehabilitation for a
maximum period of not less
period to be than 6 months. Said
taken from the period shall be
range of the credited to his/her
penalty penalty and the
provided by period of his after-
law. A straight care and follow-up
 penalty within program if penalty is
the range of 6 still unserved. If
months and 1 accused is found
day to 1 year negative for drug
may likewise use/dependency,
be imposed. he/she will be
released on time
Section 11, par. 3. Possession 12 years and 1 .01 gram Section 6 months and 1 served, otherwise,
of Dangerous Drugs (Where day to 20 years to 299.99 12. Possession of Equipment,  day to 4 years he/she will serve his
quantity of marijuana is less than and fine ranging grams Instrument, Apparatus and and a fine sentence in jail minus
300 grams) from fine from Other Paraphernalia ranging from the counseling period
P300,000 to for Dangerous Drugs P10,000 to at rehabilitation
P400,000 P50,000 center. However, if
accused applies for
  probation in offenses
punishable under
N.B.: The court
R.A. No. 9165, other
is given the than for illegal drug
discretion to
trafficking or pushing
impose a under Section 5 in
minimum
relation to Sec. 24
period and a thereof, then the law
maximum
on probation shall
period to be apply.
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 20 years to life 5 grams Section 11, par. 12 years and 1  
of Dangerous Drugs (Where imprisonment to 9.99 3. Possession of Dangerous D day to 20 years
quantity of shabu, opium, morphine, and fine ranging grams rugs and a fine
heroin, cocaine is 5 grams or more from P400,000 ranging from
but not exceeding 10 grams) to P500,000 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 No plea bargaining allowed    
and above
Section 11, par. 2. Possession 20 years to life 300 Section 11, par. 12 years and 1  
of Dangerous Drugs (Where the imprisonment grams to 3. Possession of Dangerous D day to 20 years
quantity of marijuana is 300 grams and fine ranging 499 rugs and a fine
or more but not exceeding 500 from P400,000 grams ranging from
grams to P500,000 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 No plea bargaining allowed  
grams and
above
Section 12. Possession 6 months and 1   Section 15. Use 6 months If accused admits
of Equipment, Apparatus day to 4 years of Dangerous Drugs treatment and drug use, or denies
and Other Paraphernalia for and fine ranging rehabilitation drug use but found
Dangerous Drugs from P10,000 to positive after drug
P50,000 dependency test.

Undergo If accused is found

counselling negative for drug
program at use/dependency
rehabilitation
center
Section 14. Possession Maximum   Section 15. Use 6 months If accused admits
of Equipment, Apparatus penalty in of Dangerous Drugs treatment and drug use, or denies
and Other Paraphernalia for Section 12 rehabilitation drug use but found
Dangerous Drugs during Parties, positive after drug
Social Gatherings or Meetings dependency test.

Undergo If accused is found

counselling negative for drug
program at use/dependency
rehabilitation
center

Section 5. Sale, Trading, etc. Life .01 gram Section 6 months and 1 In all instances,
of Dangerous Drugs (Methampheta Imprisonment to to .99 12. Possession of Equipment,  day to 4 years whether or not the
mine hydrochloride or shabu only) Death and fine grams Instrument, Apparatus and and a fine maximum period of
ranging from (methamp Other Paraphernalia for ranging from the penalty imposed
P500,000 to hetamine Dangerous Drugs P10,000 to is already served,
P10,000,000 hydrochlo P50,000 drug dependency test
ride or shall be required. If
shabu   accused admits drug
only) N.B.: The court use, or denies it but is
is given the found positive after
discretion to drug dependency test,
impose a he/she shall undergo
minimum treatment and
period and a rehabilitation for a
maximum period of not less
period to be than 6 months. Said
taken from the period shall be
range of the credited to his/her
penalty penalty and the
provided by period of his after-
law. A straight care and follow-up
penalty within program if penalty is
the range of 6 still unserved. If
months and 1 accused is found
day to 1 year negative for drug
may likewise use/dependency,
be imposed. 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 No plea bargaining allowed    

and above
(methamp
hetamine
hydrochlo
ride or
shabu
only)

Section 5. Sale, Trading, etc. Life .01 gram Section 6 months and 1 In all instances,
of Dangerous Drugs (Marijuana onl Imprisonment to to 9.99 12. Possession of Equipment,  day to 4 years whether or not the
y) Death and fine grams of Instrument, Apparatus and and a fine maximum period of
ranging from marijuana Other Paraphernalia for Dan ranging from the penalty imposed
 P500,000 to only gerous Drugs P10,000 to is already served,
P10,000,000 P50,000 drug dependency test
  shall be required. If
N.B.: The court accused admits drug
is given the use, or denies it but is
discretion to found positive after
impose a drug dependency test,
minimum he/she shall undergo
period and a treatment and
maximum rehabilitation for a
period to be period of not less
taken from the than 6 months. Said
range of the period shall be
penalty credited to his/her
provided by penalty and the
law. A straight period of his after-
penalty within care and follow-up
the range of 6 program if penalty is
months and 1 still unserved. If
day to 1 year accused is found
may likewise negative for drug
be imposed. 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 No plea bargain allowed    
grams of
marijuana
only and
above

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.