June 4, 2019

EN BANC

A.M. No. 18-03-16-SC

RE: ADOPTION OF PLEA BARGAINING FRAMEWORK IN DRUG CASES

NOTICE

Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated
June 4, 2019, which reads as follows:
"A.M. No. 18-03-16-SC (Re: Adoption of Plea Bargaining
Framework in Drug Cases) . — On August 15, 2017, an En Banc Decision
in G.R. No. 226679 — Salvador Estipona, Jr. v. Hon. Frank E. Lobrigo was
rendered whereby Section 23 of Republic Act (R.A.) No. 9165, or the
Comprehensive Dangerous Drugs Act of 2002, as amended, was declared
unconstitutional for being contrary to the rule-making authority of the
Supreme Court under Section 5 (b), Article VIII of the 1987 Constitution. On
April 10, 2018, the Court issued a Resolution ordering the adoption of the
Plea Bargaining Framework in Drug Cases.
Meanwhile, Department Circular No. 027 dated June 26, 2018 of the
Department of Justice (Re: Amended Guidelines on Plea Bargaining for
Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002") similarly allows plea bargaining and provides for an
acceptable plea bargain under Sections 7 and 13, R.A. No. 9165, thus:

Offense Charged in Information Acceptable Plea Bargain

Section Penalty Section Penalty

Section 7. 12 yrs. and 1 day Section 12. 6 months and 1

Employees or to 20 yrs. and Fine Possession of day to 4 years,
Visitors of a Den, from P100k to Equipment, and a Fine ranging
Dive or Resort P500k Apparatus and from P10k to P50k
(Only if the Other
6 months Rehab
accused is charged Paraphernalia for
(1st offense
as a visitor of the Dangerous Drugs
drug den) 6 years and 1 day
OR
to 12 years, and a
Sec. 15. Use of Fine Ranging from
Dangerous Drugs P50k to P200k (for
2nd offense)

Section 13. Maximum Section 11, par. 3. 12 yrs. and 1 day

Possession of Penalties provided Possession of to 20 yrs., and a
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 Dangerous Drugs under Section 11 Dangerous Drugs. Fine from P300k to
During Parties, regardless of P400k
(Plea bargaining is
Social Gatherings quantity or purity
allowed where the
or Meetings
quantity of
(Plea bargaining is "shabu", opium,
allowed from morphine, heroin,
Section 13 of R.A. cocaine, et al., is
9165 to Section less than 5 grams
11, paragraph 3 of and marijuana is
the same statute less than 300
where the quantity grams. If the
of the drugs quantity of
involved is less dangerous drugs
than 5 grains (in involved exceeds
cases of "shabu", the above
opium, cocaine, quantities, no plea
etc.) and less than bargaining is
300 grams of allowed.)
marijuana. If the
quantity of
dangerous drugs
involved exceeds
the above
amounts, plea
bargaining is
prohibited.)

On April 24, 2019, the Philippine Judges Association (PJA), through its
President, Hon. Judge Felix P. Reyes, wrote the Court requesting for the
inclusion of Section 7 (Employees and Visitors of a Den, Dive or Resort) and
Section 13 (Possession of Dangerous Drugs During Parties, Social Gatherings
or Meetings) of R.A. No. 9165 to the Plea Bargaining Framework in Drug
Cases dated April 10, 2018. With the inclusion of the said provisions to the
plea bargaining framework, the PJA expects to reduce court docket by an
additional 5-10% more of drug cases and also 5-10% more on jail
decongestion.
On May 15, 2019, Associate Justice Diosdado M. Peralta met with the
Officers of the PJA, namely: Hon. Felix P. Reyes, Hon. Maria Paz R. Reyes-
Yson, Hon. Divina Gracia L. Peliño and Hon. Racquelen A. Vasquez, and Court
Administrator Jose Midas P. Marquez, to discuss and review the Suggested
Plea Bargaining Framework of the PJA:

Offense Charged Acceptable Plea Bargain Remarks

Section Penalty Quantity Section Penalty

Section Maximum .01 gram Section 12. 6 mos. In all instances,

13. penalties to 4.99 Possession of and 1 day whether or not
Possession provided grams Equipment, to [4 the maximum
of under Instrument, years] period of the
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 Dangerous Section Apparatus and fine penalty imposed
Drugs 11 and Other from is already
During regardless Paraphernalia P10k to served, drug
Parties, of for P50k dependency test
Social quantity Dangerous shall be
N.B.: The
Gatherings or purity Drugs required. If
court is
or accused admits
given the
Meetings drug use, or
discretion
denies it but is
to impose
found positive
a
after drug
minimum
dependency
period
test, he/she shall
and a
undergo
maximum
treatment and
period to
rehabilitation for
be taken
a period of not
from the
less than 6
range of
months. Said
the
period shall be
penalty
credited to
provided
his/her penalty
by law. A
and the period of
straight
his/her after-
penalty
care and follow-
within the
up program if
range of
penalty is still
6 months
unserved. If
and 1 day
accused is found
to 1 year
negative for
may
drug
likewise
use/dependency,
be
he/she will be
imposed.
released on time
served,
otherwise, he
will serve his
sentence in jail
minus the
counselling
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
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 the law on
probation shall
apply.

5 grams to Section 11, 12 years

9.99 grams par. 3. and 1 day
Possession of to 20
Dangerous years and
Drugs a fine
ranging
from
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
and above bargaining
allowed

.01 gram Section 12. 6 mos. In all instances,

to 299 Possession of and 1 day whether or not
grams Equipment, to [4 the maximum
(marijuana) Instrument, years], period of the
Apparatus and a fine penalty imposed
and Other from is already
Paraphernalia P10k to served, drug
for P50k dependency test
Dangerous shall be
N.B.: The
Drugs required. If
court is
accused admits
given the
drug use, or
discretion
denies it but is
to impose
found positive
a
after drug
minimum
dependency
period
test, he/she shall
and a
undergo
maximum
treatment and
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 period to rehabilitation for
be taken a period of not
from the less than 6
range of months. Said
the period shall be
penalty credited to
provided his/her penalty
by law. A and the period of
straight his/her after —
penalty care and follow-
within the up program if
range of penalty is still
6 months unserved. If
and 1 day accused is found
to 1 year negative for
may drug
likewise use/dependency,
be he/she will be
imposed. released on time
served,
300 grams Section 11, 12 years
otherwise, he
to 499 par. 3. and 1 day
will serve his
grams Possession of to 20
sentence in jail
(marijuana) Dangerous years,
minus the
Drugs and a fine
counselling
ranging
period at
from
rehabilitation
P300,000
center. However,
to
if accused
P400,000.
applies for
N.B.: The probation in
Court is offenses
given the punishable
discretion under R.A. No.
to impose 9165, other than
a for illegal drug
minimum trafficking or
period pushing under
and a Section 5 in
maximum relation to Sec.
period to 24 thereof, then
be taken the law on
from the probation shall
range of apply.
the
penalty
provided
by law.

500 grams No plea

and above bargaining
(marijuana) allowed

Section 7. 12 years Section 12. 6 mos In all instances,

Employees and 1 day Possession of and 1 day whether or not
and to 20 Equipment, to [4 the maximum
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 Visitors of years and Instrument, years], period of the
a Den, a fine Apparatus and a fine penalty imposed
Dive or ranging and Other from is already
Resort from Paraphernalia P10k to served, drug
P100,000 for P50k dependency test
to Dangerous shall be
N.B.: The
P500,000. Drugs required. If
court is
accused admits
given the
drug use, or
discretion
denies it but is
to impose
found positive
a
after drug
minimum
dependency
period
test, he/she shall
and a
undergo
maximum
treatment and
period to
rehabilitation for
be taken
a period of not
from the
less than 6
range of
months. Said
the
period shall be
penalty
credited to
provided
his/her penalty
by law. A
and the period of
straight
his/her after —
penalty
care and follow-
within the
up program if
range of
penalty is still
6 months
unserved. If
and 1 day
accused is found
to 1 year
negative for
may
drug
likewise
use/dependency,
be
he/she will be
imposed.
released on time
served,
otherwise, he
will serve his
sentence in jail
minus the
counselling
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.
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 24 thereof, then
the law on
probation shall
apply.

As of April 30, 2019, about Two Hundred Forty-Five Thousand Four

Hundred Forty-Two (245,442) drug cases were filed nationwide, per records
of the Office of the Court Administrator, Court Management Office. About
Five Thousand Nine Hundred Seventy-Five (5,975) of such cases are for
violation of Section 13, R.A. 9165, and around Two Thousand Seven Hundred
Forty-Three (2,743) cases are for violation of Section 7, R.A. 9165, or a total
of about Eight Thousand Seven Hundred Eighteen (8,718) drug cases.
NOW THEREFORE, the Supreme Court hereby orders the amendment of
the Plea Bargaining Framework in Drug Cases, as follows:

Offense Charged Acceptable Plea Bargain Remarks

Section Penalty Quantity Section Penalty

Section Maximum .01 gram Section 12. 6 months In all instances,

13. penalties to 4.99 Possession of and 1 day whether or not
Possession provided grams Equipment, to 4 the maximum
of under Instrument, years, period of the
Dangerous Section Apparatus and a fine penalty imposed
Drugs 11 and Other from is already
During regardless Paraphernalia P10,000 served, drug
Parties, of for to dependency test
Social quantity Dangerous P50,000. shall be
Gatherings or purity. Drugs required. If
N.B.: The
or accused admits
court is
Meetings drug use, or
given the
denies it but is
discretion
found positive
to impose
after drug
a
dependency
minimum
test, he/she shall
period
undergo
and a
treatment and
maximum
rehabilitation for
period to
a period of not
be taken
less than 6
from the
months. Said
range of
period shall be
the
credited to
penalty
his/her penalty
provided
and the period of
by law. A
his/her after —
straight
care and follow-
penalty
up program if
within the
penalty is still
range of
unserved. If
6 months
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 and 1 day accused is found
to 1 year negative for
may drug
likewise use/dependency,
be he/she will be
imposed. released on time
served,
otherwise, he
will serve his
sentence in jail
minus the
counselling
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.

5 grams to Section 11, 12 years

9.99 grams par. 3. and 1 day
Possession of to 20
Dangerous years and
Drugs a fine
ranging
from
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
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 the
penalty
provided
by law.

10 grams No plea
and above bargaining
allowed

.01 gram Section 12. 6 months In all instances,

to 299 Possession of and 1 day whether or not
grams Equipment, to 4 the maximum
(marijuana) Instrument, years, period of the
Apparatus and a fine penalty imposed
and Other from is already
Paraphernalia P10,000 served, drug,
for to dependency test
Dangerous P50,000. shall be
Drugs required. If
N.B.: The
accused admits
court is
drug use, or
given the
denies it but is
discretion
found positive
to impose
after drug
a
dependency
minimum
test, he/she shall
period
undergo
and a
treatment and
maximum
rehabilitation for
period to
a period of not
be taken
less than 6
from the
months. Said
range of
period shall be
the
credited to
penalty
his/her penalty
provided
and the period of
by law. A
his/her after-
straight
care and follow-
penalty
up program if
within the
penalty is still
range of
unserved. If
6 months
accused is found
and 1 day
negative for
to 1 year
drug
may
use/dependency,
likewise
he/she will be
be
released on time
imposed.
served,
otherwise, he
300 grams Section 11, 12 years
will serve his
to 499 par. 3. and 1 day
sentence in jail
grams Possession of to 20
minus the
(marijuana) Dangerous years,
counselling
Drugs and a fine
period at
ranging
rehabilitation
from
center. However,
P300,000,
if accused
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 to applies for
P400,000. probation in
offenses
N.B.: The
punishable
Court is
under R.A. No.
given the
9165, other than
discretion
for illegal drug
to impose
trafficking or
a
pushing under
minimum
Section 5 in
period
relation to Sec.
and a
24 thereof, then
maximum
the law on
period to
probation shall
be taken
apply.
from the
range of
the
penalty
provided
by law.

500 grams No plea

and above bargaining
(marijuana) allowed

Section 7. 12 years Section 12. 6 months In all instances,

Employees and 1 day Possession of and 1 day whether or not
and to 20 Equipment, to 4 the maximum
Visitors of years and Instrument, years, period of the
a Den, a fine Apparatus and a fine penalty imposed
Dive or ranging and Other from is already
Resort from Paraphernalia P10,000 served, drug
P100,000 for to dependency test
to Dangerous P50,000. shall be
P500,000. Drugs required. If
N.B.: The
accused admits
N.B.: Plea court is
drug use, or
bargaining is given the
denies it but is
allowed only discretion
found positive
if the person to impose
after drug
is charged a
dependency
solely under minimum
test, he/she shall
Section 7, period
undergo
and there is and a
treatment and
no other maximum
rehabilitation for
person/s period to
a period of not
charged with be taken
less than 6
violation of from the
months. Said
Section 6. range of
period shall be
Maintenance the
credited to
of a Den, penalty
his/her penalty
Dive or provided
and the period of
Resort. by law. A
his/her after —
straight
care and follow-
penalty
up program if
within the
penalty is still
range of
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 6 months unserved. If
and 1 day accused is found
to 1 year negative for
may drug
likewise use/dependency,
be he/she will be
imposed. released on time
served,
otherwise, he
will serve his
sentence in jail
minus the
counselling
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.

The Office of the Court Administrator is DIRECTED to ISSUE a Circular

for dissemination to all concerned." Caguioa and Carandang, JJ., on official
leave. (adv103)

Very truly yours,

(SGD.) EDGAR O. ARICHETA

Clerk of Court

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