Offense Charged Acceptable Plea Bargain Remarks

Section Penalty Quantity Section Penalty

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

10 grams No plea
and above bargaining
allowed

Sec. 11, Par. 2. 29 years to 300 grams Sec. 11, Par. 3. 12 years and 1 day to 20
Possession of life to 499 Possession of years and a fine ranging
Dangerous Drugs imprisonme grams Dangerous Drugs from P300,000 to P400,000
(Where the quantity nt and fine
of marijuana is 300 ranging N.B.: The court is given the
grams or more but from discretion to impose the
not exceeding 500 P400,000 to minimum period and a
grams) P500,000 maximum period to be
taken from the range of the
penalty provided by law.
500 grams No plea
and above bargaining
allowed
Section 12. 6 months Section 15. Use 6 months treatment and If accused admits drug use, or denies
Possession of and 1 day to of Dangerous rehabilitation drug use but found positive after drug
Equipment, 4 years and Drugs dependency test.
Apparatus and fine ranging
Other Paraphernalia from
for Dangerous Drugs P10,000 to
P50,000
Undergo counselling If accused is found negative for
program at rehabilitation use/dependency
center

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

Undergo counselling If accused is found negative for

program at rehabilitation use/dependency
center
Section 5. Sale, Life .01 gram Section 12. 6 months and 1 day to 4 In all instances, whether or not the
Trading, etc of Imprison- to .99 grams Possession of years and a fine ranging maximum period of the penalty
Dangerous Drugs ment to (metham- Equipment, from P10,000 to P50,000 imposed is already served, drug
Methamphetamine Death and phetamine Instrument, dependency test shall be required. If
fine ranging hydro- Apparatus and N.B.: The court is given the the accused admits drug use, or denies
from chloride or Other discretion to impose the it but is found positive after drug
P500,000 to shabu only) Paraphernalia for minimum period and a dependency test, he/she shall undergo
P10 million Dangerous Drugs maximum period to be treatment and rehabilitation for a
taken from the range of the period of not less than 6 months. Said
penalty provided by law. A period shall be credited to his/her
straight penalty within the penalty and the period of his after-care
range of 6 months and 1 day and follow-up program if penalty it still
to 1 year may likewise be unserved. If accused is found negative
imposed. for drug use/dependency, he/she will
1.00 gram No plea be released on time served, otherwise
and above bargaining he/she will serve his sentence in jail
(metham- allowed minus the counselling period at
phetamine rehabilitation center. However, if
hydro- accused applies for probation in
chloride or offenses punishable under R.A. No.
shabu only) 9165, other than for illegal drug
trafficking or punishing under Section 5
in relation to Section 24 thereof, then
the law on probation shall apply.
 Section 5. Sale, Life .01 gram to Section 12. 6 months and 1 day to 4 In all instances, whether or not the
Trading, etc of Imprison- 9.99 grams Possession of years and a fine ranging maximum period of the penalty
Dangerous Drugs ment to of Equipment, from P10,000 to P50,000 imposed is already served, drug
(Marijuana only) Death and marijuana Instrument, dependency test shall be required. If
fine ranging only Apparatus and N.B.: The court is given the the accused admits drug use, or denies
from Other discretion to impose the it but is found positive after drug
P500,000 to Paraphernalia for minimum period and a dependency test, he/she shall undergo
P10 million Dangerous Drugs maximum period to be treatment and rehabilitation for a
taken from the range of the period of not less than 6 months. Said
penalty provided by law. A period shall be credited to his/her
straight penalty within the penalty and the period of his after-care
range of 6 months and 1 day and follow-up program if penalty it still
to 1 year may likewise be unserved. If accused is found negative
imposed. for drug use/dependency, he/she will
10 grams of No plea bargain be released on time served, otherwise
marijuana allowed he/she will serve his sentence in jail
only and minus the counselling period at
above rehabilitation center. However, if
accused applies for probation in
offenses punishable under R.A. No.
9165, other than for illegal drug
trafficking or punishing under Section 5
in relation to Section 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 in Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all other kinds of dangerous drugs, except shabu and
marijuana.