(s) Republic of the Philippines Supreme Court Manila EN BANC NURULLAJE SAYRE y GR. Nos, 244413, 24441516 MALAMPAD @ “INOL”, Petitioner, Present PERALTA, CJ, PERLAS-BERNABE, = versus LEONEN, CAGUIOA, A.REYES, JR, GESMUNDO, J. REYES, JR, LAZARO-JAVIER, INTING, ZALAMEDA, HON. DAX GONZAGA XENOS, in LOPEZ, his capacity asthe Presiding Judge of |DELOS SANTOS, and Regional Trial Court of Panabo City, GAERLAN, J Davao del Norte, Branch 44; HON. MENARDO I. GUEVARRA, Secretary of the Department of ustice; and PEOPLE OF THE, Promulgated "HILIPPINES, February 18, 2020 DECISION CARANDANG, Jit ‘This is @ Petition for Certiorari and Prohibition’ under Rule 65 of the Rules of Court, assiling the Order” dated December 6, 2018 of public respondent Hon, Dax Gonzaga Xenos (Presiding Judge Xenos), Presiding Judge of the Regional Trial Court (RTC) of Panabo City, Davao del Norte, q Pemodby Ping ag Dx Gongs Xeni 27071Decision 2 GR Nos. 244413, DuAIS.I6 2017, the Branch 34, in Crim, Case Nos. CRC 416-2017, 417-2017, and 41 dispositive portion of which reads: WHEREFORE, the Moson to Plea Burgin is DENIED. Set the pretil to #1 January 2018 [ste ot :00 pm. ‘SO ORDERED? (lies and underscoring in the niga) Tn.an Order dated January 23, 2019, the RTC denied the Motion for Reconsideration® of Nurullae Sayre » Malampad @ “nol” (Sayre). ‘The Antecedents Sayre was charged with violation of Sections 5, 11, and 12, Article II of Republic Act No. (R.A.) 9165, in three separate Information,” which respectively read as follows CRIMINAL CASENO.CRCS16.2017 ‘That on or about 09 June 2017, within the City of Panabo, Davao. del Nort, Philippines and within the jrisietion of this Honomble. Cour, the above-named ‘sects, witout being authorized by ly, id hen adhere, ‘Wf, unlflly abd wilingly ted, delivered nd sold re peint one. sero to nine (01029). grime, of Metiylarpbetamine Hydroclorige (Shabu) which is a dangerous dv, contained ina sachet marked at JSC-BB OD Jefe Cabanan who ated pose buyer in leptimatebuy-bus operation, an recived om sid poseur buyer marked money consisting of one thowsand peso (01,000.00 bi bearing sral number X114893 with the Inils JSC onthe forehead of Vicente Lim, CONTRARY TO LAW! CRIMINAL CASE NO. CRC417.2017 That on or about 09 June 2017 within the Chy of Panabo, Daveo del Nore, Philipines and within the Jutsiction of this Honorable Court, the above-named Aceused, without being thre hy I di then ne thre, ‘wlll, unlawlly, willing.) koowingly had in his possession, contol and ctsiody of Methamphetamine Hydrochloride (Shabu), a dangerous dru, contained in fe (@) separate het seal trnsparent se} cellophane with thei respective markings: ronment Came Dmgron DAF"Desision 3 GR Nos. 244413, DAAIS.I6 aegis SCO ‘870 zero point zero ight seven 20 Is-P2 ‘9.46512 [eo pin sb ve four ewe 3SC-P5 ‘00545 [zero point nero ive four five (Eiseps (2.0531 [zero point ao [ve] three one CONTRARY TO LAW? CRIMINAL CASE NO, CRC 418-2017 “That on or sbow 09 June 2017, within the City of Pranabo, Davao del Note, Philipines and. within the jussdicton ‘of his Honorable Cour, he above-named {ecused, without being auorzed by a, dd then and there, wilful, unlewtuly, wing) knowingly had in his Possession, contol and cstedy, one (1) toot, an ‘equipment, instrument, apparatus and paraphernalia fit or Intended for smoking, consuming, aisteing, injecting, ingesting or introducing dangerous drags into the body. CONTRARY TOLAW."" ‘On November 9, 2017, Sayre filed 1 Proposal for Plea Bargaining! and manifested as follows: “Today, he wanted plea bargain Section Sand 11 to a ler offenie under Secon 12, whic eates wit it} « Penalty of imprisonment of sx (6) month and 1 day to four Ehren, Banewnen ix Sean 12, youly of cantlaery ‘month rchbiliaion, These proposals are without prejudice however tothe guidlines on pea barsaining yet {o be lesod hy the Supreme Court, whichever is most favorable and beneficial 1 the accused xx!" Pursuant to Office ofthe Court Administrator (OCA) Circular No. 90- 2018, adopting the Court En Bane Resolution dated April 10, 2018 in ‘Administrative Matter (A.M,) No. 18.03-16-SC (Adoption of the Plea Bargaining Framework in Drug Cases), Sayts fled a Motion for Approval of Plea-Bargaining Proposal with Modification." Sayre proposed the following: 4, Tht in the said Pea-Bargaining Framework for Drug Ces, the offense under Section $ with quantity of shabu fiom 6.11 0.99 grams the sams can be pea bars under Section 12 of 9165 fom Life mpeisonment 106 mons snd Layo years, 5. That also, the offense under Section LL pat. 3 with quantity of sab fom- 01 gram 0499 grams theses rer Notatachedto era, fe, 510. cearereyDesision 4 GR. Nos. 244413, 244S15-16 ‘heplea bargain under Section 12 of RA 96S fom 12 yeas td I day 020 year to 6 months and | day to years 6 Tht finaly, the offense ander Seston12can now be ple basin und Seton 18 ftom 6 ments and day 14 years 10: (I) 6 months treatment and rekabiltaion (accused its dg se, o denies drug tse bot found postive afer rug dependeney ts); or) Under couneling moran Srehabliation center (i secased found negative or du, tse dependency 7. That on September 18, 2018, Dra. Rachel Jan Tnojada ‘utmited her Drag Depeadsney Test (DDT) on accused ‘Sayre and found him negative on sha That in view thereof, accused Sayre is praying forthe approval of his Plea-Bargaining Proposal forthe offense under Sections § and 1.9 RA 9168 to Seton 12 with « penalty of month and I dy to years: and 9. That however, forte offnse under Sesion 12, the ples bargining under Section 15 be approved with a modified ponalty of “Undergoing counseling at the rchabilitation enter” for boing ogatve on drug use. (Hales and ‘eerscoring inthe orginal citations emited) Sayre proposed that he be allowed to file an Application for Probation forthe penalty of 6 months and | day to 4 years considering thatthe maximum penalty therein is less than 6 years and that he be released from the custody of fhe Bureau of I ‘The proposal I of Sayre is summarized as follows: ~PLEA BARGAIN | Management and Penology City Jail upon its approval? PROPOSED BY SAYRE Criminal] OFFENSE CHARGED PURSUANT TO Case No. ADMINISTRATIVE MATTER NO. 1843.16.8C SECTION [PENALTY | SECTION” |” PENALTY See. 8 bite See. 12 | Imprisonment Tegal Sale| mpisonment_| Possession of | of 6 ons ‘of Dangerous | to death] anda Paraphernalia | and 1 day to 4 Drugs| Gnerangina | for yea cre , SG, | (01029 gram | fom dangerous ‘of shabu) | PS00,000.00 | drugs 1.0,000,000.00 (01-099 {pram of shabu See. 1112 year and {| Ses, 12 [peo angen | Hezal day to 20 years | Possession of | of 6 months | Possession of |anda fine | Paraphernalia | qDesision 5 GR. Nos. 244413, | BHAIS16 | Dangerous ranging fom | for and dayiot | Drugs 300,000.00~ | Dangerous | years | (0.0870 | ¥400,000.00 | Drugs | ‘eram, 0.6543 | (0.01-4:99 | | ‘gram, 0.0545 | gram of shabu) | ‘gram, and | 0.0531 gram ‘of shabu) | i Sec. 12 | @monthsand See. 15 Penalty of Possession of | day to 4 years | Use of ‘Compulsory | crc | Paraphemalia| endatine | Dangerous | 6-month | 418-2017 | for ranging from | Drugs Rehabilitation | Dangerous | #10,000.00 to Drugs 50,000.00, City Prosecutor Jennifer B. Namoc-Yasol (City Prosecutor Namoe- Yasol) filed a Comment and Counter-Proposal'® in. accordance with Department of Iustice (DON) Circular No, 27 dated June 26, 2018, otherwise | kknovn as the "Amended Guidelines on Plea Bargaining. for Republic Act No. 9165," summarized as follows: | ‘COUNTER-PROPOSAL | : BY THE PROSECUTION | Criminal | OFFENSE-CHARGED | ys GrsuaNt TO DOs | i ‘CIRCULAR NO. 27 | SECTION [PENALTY [SECTION | PENALTY | Sec. § Tife See. 1, [Indeterminate | | Micgal Sale | Imprisonment | paragraph 3 | Penalty of 12 | of Dangerous | and fine legal years and 1 | CRC_ | Drogs ranging from | Possession of | day 0 14 | 416-2017 | (0.1029 gram | P500,000,00t0 | Dangerous | years and 8 | ‘of shabu) | P10,000,000.00| Drugs months and ¢ | (091-0. fine of L sram of shabu) £300,000" | See. 11 [12 years and 1 [See.12__| Indeterminate legal day to 20 years | Possession of | Penalty of 6 Possession of |and a fine | Paraphernalia | months and 1 | Dangerous ranging trom | for day to 4 years | crc | Pres 17300,000.00~ | Dangerous | anda fine of “gts | (0.9870 | 400,000.00 | Drugs 25,000.00" | gram, 0.6543 | (0.01-4:99 gram, 0,0545 | gram of shabu) gram, and 0.0531 gram | of shabu) | " ibmet