Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch 19
Cagayan de Oro City
PEOPLE OF THE PHILIPPINES, R-CDO-20-02179-CR
Plaintiff,
-versus- FOR:

CICL JELORD ASUELO y Madronero, VIOL. OF SEC. 5, ART. II

Accused. OF R.A. NO. 9165
x--------------------------------------------/
RESOLUTION
(On Plea Bargaining Proposal)
CICL JELORD ASUELO y Madronero, stands charged for
violation of Sec. 5, Art. II of Republic Act No. 9165, or the Comprehensive
Dangerous Drugs Act of 2002, for illegally selling one (1) heat-sealed
transparent plastic sachet containing white crystalline substance of
methamphetamine hydrochloride locally known as shabu, with a weight of
0.0763 gram.
On August 20, 2020, CICL JELORD ASUELO y Madronero,
proposed to Plea Bargain to the lesser offense of Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
defined and penalized under Section 12 of R.A. No. 9165. Prosecution
submitted no objection/opposition.
The Supreme Court already declared unconstitutional Sec. 23 of R.A.
No. 9165.1 This led to the issuance of A.M. No. 18-03-16-SC2 which
approved the plea bargaining framework as proposed by the Philippine
Judges Association. In the SC-approved framework, plea bargaining is
allowed for offenses involving Sec. 5, Art. II, R.A. No. 9165 PROVIDED
that the quantity involved is less than 1 gram for Shabu or less than 10
grams for Marijuana. In both offenses, the lesser offense to which the
accused may plead guilty is violation of Sec. 12 of R.A. No. 9165.3
As a rule, the consent of the prosecutor and the offended party — or
in case of public crimes wherein there is no offended party, the consent of
the arresting officer is required. The consent requirement is not, however, a
mechanism to countermand the discretionary power of the court to grant or
approve plea bargaining. It is rather an opportunity given to the prosecution
to challenge the proposed plea bargaining if it would detract the court from
its duty to administer justice in a manner consistent with the objective for
the enactment of the penal law violated. As instructed by Crespo v. Mogul4,
once a complaint or information is filed in Court any disposition of the case
as to its dismissal or the conviction or acquittal of the accused rests in the
sound discretion of the Court. The power to exercise such judicial discretion
is exclusive and is not shared by the prosecutor or the arresting officer.

1
Estipona v. Lobrigo G.R. No. 226679, 15 August 2017
2
20 April 2018
3
Which carries the penalty of imprisonment from 6 months & 1 day to 4 years and fine from
Php10,000.00 to Php50,000.00
4
G.R. No.L-53373, 30 June 1987
 2
Resolution (On Plea Bargaining Proposal)
R-CDO-20-02179-CR
Pp vs. Asuelo

Moreover, the approval of the plea bargaining would achieve the two-fold
purpose of the law; vindicate public order with the conviction of the
accused, and give him a chance to be rehabilitated and re-integrated into the
society as a productive individual.
The prescribed penalty for Sec. 12 of R.A. 9165 is 6 months and 1
day to 4 years and a fine from ₱10,000.00 to ₱50,000.00. The Supreme
Court in the Estipona ruling provided: "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." It also said that "a straight penalty within
the range of six months and one day to one year may likewise be imposed".
ALL THE FOREGOING CONSIDERED and finding the plea
bargaining proposal to be in accord with the rationale of the law, and the
wisdom of A.M. No. 18-03-16-SC, the same is thereby APPROVED and for
which CICL JELORD ASUELO y Madronero is imposed the penalty of
straight Six (6) months and a fine of ₱10,000.00 for violation of Sec. 12 of
R.A. No. 9165 otherwise known as the Comprehensive Dangerous Drugs
Act of 2002.
Subject sentence is ordered SUSPENDED pursuant to R.A. No. 9344
and its Implementing Rules. CICL JELORD ASUELO y Madroneroshall
instead undergo Disposition Program, terms of which shall include a 6
months Intensive Outpatient Program, Weekly Reporting at the Department
of Health – Treatment and Rehabilitation Center (DOH-TRC) CDO
Outpatient – Satellite Office at the Ground Floor, Outpatient Department
(OPD) Building, Northern Mindanao Medical Center (NMMC), Capitol
Compound, Cagayan de Oro City or any DOH Accredited Outpatient
Facility. The details of the Disposition Program shall be defined in the
Disposition Conference which shall immediately follow after promulgation
hereof. CICL’s Disposition Program will still be under the custody of the
Tahanan Ng Kabataan. A representative from the Tahanan Ng Kabataan
shall accompany him for his monthly reporting to the DOH facilities.
The Department of Health-Treatment and Rehabilitation Center is
thus ordered to submit on or before October 15, 2020a report on CICL as to
the date by which he shall have reported and the result of the 6 months
Intensive Outpatient Program of subject CICL. Let copy of the Resolution
be sent out to Dr. Benson Go, Chief of Hospital II, Upper Puerto Cagayan de
Oro City and Erwin Rommel C. Lingad, Nurse III of the Department of
Health-Treatment and Rehabilitation Center (DOH-TRC), Cagayan de Oro
City.
IT IS SO ORDERED.
Done this 20th day of August, 2020, in the City of Cagayan de Oro,
Philippines.

EVELYN J. GAMOTIN-NERY
Presiding Judge
EGN/rba