A.M. No.
18-03-16 SC (Adoption of the Plea Bargaining Framework
in Drugs Cases)
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:
SECTION 11, PAR. 3 POSSESSION OF DANGEROUS DRUGS (WHERE
QUANTITY OF "SHABU", OPIUM, MORPHINE, HEROIN, COCAINE IS
LESS THAN 5 GRAMS, ETC.)
PENALTY: 12 years & 1 day to 20 years and Fine from
Php 300k to Php 400k
QUANTITY: .01 gram to 4.99 grams
ACCEPTABLE PLEA BARGAIN: Section 12 Possession of equipment,
Apparatus & Other paraphernalia for
dangerous drugs
PENALTY: 6 months & 1 day to 4 years and a Fine
Ranging from Php 10k to Php 50k
N.B The court
to impose a minimum period
and a maximum period to be
taken from the range of penalty
provided by law. A straight
penalty within the range of 6
months and 1 day to 1 year may
likewise be imposed.
REMARKS: 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 it 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 Section 24 thereof, then the law
on probation shall apply.
SECTION 11, PAR. 3 POSSESSION OF DANGEROUS DRUGS (WHERE
QUANTITY OF marijuana IS LESS THAN 300 GRAMS, ETC.)
PENALTY: 12 years & 1 day to 20 years and Fine from
Php 300k to Php 400k
QUANTITY: .01 gram to 299.99 grams
ACCEPTABLE PLEA BARGAIN: Section 12 Possession Of Equipment,
Apparatus & Other Paraphernalia For
Dangerous Drugs
PENALTY: 6 months & 1 day to 4 years and a Fine
Ranging from Php 10k to Php 50k
N.B. The court is given the
discretion to impose a
minimum period and a
maximum period to be taken
from the range of penalty
provided by law. A straight
penalty within the range of 6
months and 1 day to 1 year may
likewise be imposed.
REMARKS: 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 it 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 Section 24 thereof, then the law
on probation shall apply.
SECTION 11, PAR. 2 POSSESSION OF DANGEROUS DRUGS (WHERE
QUANTITY OF OPIUM, MORPHINE, HEROIN, COCAINE IS 5 GRAMS
OR MORE BUT NOT EXCEEDING 10 GRAMS, ETC.)
PENALTY: 20 years and 1 day to Life Imprisonment &
Fine from Php 400k to Php 500k
QUANTITY: 5 grams to 9.99 grams
ACCEPTABLE PLEA BARGAIN: Section 11, Par. 3 Possession of Dangerous
Drugs
PENALTY: 12 years & 1 day to 20 years and Fine from
Php 300k to Php 400k
N.B. The court is given the
discretion to impose a
minimum period and a
maximum period to be taken
from the range of penalty
provided by law.
(IF QUANTITY IS 10 GRAMS AND ABOVE – NO PLEA BARGAINING
ALLOWED)
SECTION 11, PAR. 2 POSSESSION OF DANGEROUS DRUGS (WHERE
THE QUANTITY OF MARIJUANA IS 300 GRAMS OR MORE BUT NOT
EXCEEDING 500 GRAMS)
PENALTY: 20 years and 1 day to Life Imprisonment &
Fine from Php 400k to Php 500k
QUANTITY: 300 grams to 499 grams
ACCEPTABLE PLEA BARGAIN: Section 11, Par. 3 Possession of Dangerous
Drugs
PENALTY: 12 years & 1 day to 20 years and Fine from
Php 300k to Php 400k
N.B. The court is given the
discretion to impose a
minimum period and a
maximum period to be taken
from the range of penalty
provided by law.
(IF QUANTITY IS 500 GRAMS AND ABOVE- NO PLEA BARGAINING IS
ALLOWED)
SECTION 12 POSSESSION OF EQUIPMENT, APPARATUS & OTHER
PARAPHERNAIIA FOR DANGEROUS DRUGS
PENALTY: 6 months & 1 day to 4 years and a Fine
Ranging from Php 10k to Php 50k
ACCEPTABLE PLEA BARGAIN: Section 15 Use of Dangerous Drugs
PENALTY: 6 months treatment and rehabilitation- If
accused admits drugs use, or denies drug use
but found positive drug dependency test.
Undergo counselling program at
rehabilitation center- If accused is found
negative for drug use/dependency
SECTION 14 POSSESSION OF EQUIPMENT, APPARATUS & OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS DURING PARTIES,
SOCIAL GATHERINGS OR MEETINGS
PENALTY: Maximum Penalty provided under Section
12
ACCEPTABLE PLEA BARGAIN: Section 15 Use of Dangerous Drugs
PENALTY: 6 months treatment and rehabilitation- If
accused admits drugs use, or denies drug use
but found positive 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)
PENALTY: Life imprisonment to death & fine from
php500k to php 10m
QUANTITY: .01 gram to .99 grams (methamphetamine
hydrochloride or shabu only)
ACCEPTABLE PLEA BARGAIN: Section 12 Possession of Equipment,
Apparatus & Other Paraphernalia for
Dangerous Drugs
PENALTY: 6 months & 1 day to 4 years and a Fine
Ranging from Php 10k to Php 50k
N.B. The court is given the
discretion to impose a
minimum period and a
maximum period to be taken
from the range of penalty
provided by law. A straight
penalty within the range of 6
months and 1 day to 1 year may
likewise be imposed.
(IF QUANTITY IS 1.00 GRAM AND ABOVE (METHAMPHETAMINE
HYDROCHLORIDE OR SHABU ONLY- NO PLEA BARGAINING
ALLOWED)
REMARKS: 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 it 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 Section 24 thereof, then the law
on probation shall apply.
SECTION 5: SALE, TRADING, ETC. OF DANGEROUS DRUGS
(MARIJUANA ONLY)
PENALTY: Life imprisonment to death & fine from
php500k to php 10m
QUANTITY: .01 gram to 9.99 grams of marijuana only
ACCEPTABLE PLEA BARGAIN: Section 12 Possession of Equipment,
Apparatus & Other Paraphernalia f or
Dangerous Drugs
PENALTY: 6 months & 1 day to 4 years and a Fine
Ranging from Php 10k to Php 50k
N.B. The court is given the
discretion to impose a minimum
period and a maximum period to
be taken from the range of
penalty provided by law. A
straight penalty within the range
of 6 months and 1 day to 1 year
may likewise be imposed.
REMARKS: 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 it 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 Section 24 thereof, then the law
on probation shall apply.
(IF QUANTITY IS 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.
