Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department ofJustice
Manila

DEPARTMENT CIRCULAR NO.

TO: ALL PROSECUTORS

RE: REVISED AMENDED GUIDELINES ON PLEA BARGAINING FOR

REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE
"COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002"

DATE: MAY 10 2022

In view of the adoption by the Supreme Court of its Plea Bargaining Frameworks in
Drugs Cases (AM. No. 18-03-16-SC) dated April 10, 2018 and June 4, 2019, and in line with
the Department's adherence to restorative justice, the "Amended Guidelines on Plea
Bargaining for Republic Act No. 9165, as amended" issued under Department Circular No.
027 dated June 26, 2018 is hereby revised and further amended.

Accordingly, the following are the revised amended guidelines to be observed by trial
prosecutors in plea bargaining for violation of Republic Act No. 9165, as amended:

DC27

Offense Charged in Information Acceptable Plea Bargain

Section Penalty Section Penalty

Section 4 Life Imprisonment to No Plea Bargain

Death & Fine from Allowed
Importation of Dangerous
Php 500k to
Drugs
Php10M

Section 4, par. 2 12 years & 1 day to No Plea Bargain

20 years and Fine Allowed
Importation of Controlled
from Php 100k to
Precursors and Essential
Php 500k
Chemicals

Section 4, par. 3 Maximum Penalty No Plea Bargain

Allowed
Importation through Use of
Diplomatic Passport etc.

Section 4, par. 4, Acting as Maximum Penalty No Plea Bargain

Financier in Importation Allowed
 Section 4, par. 5, 12 years and 1 day No Plea Bargain
to 20 years and Fine Allowed
Acting as Protector/Coddler
from Php 100k to
Php 500k

Section 5 Life Imprisonment to Section 12 6 months and 1 day to 4

Death and Fine from years and a Fine ranging
Sale, Trading, etc. of Possession of
Php 500k to Php from Php 1 Ok to Php 50k
Dangerous Drugs Equipment, Apparatus
10M
and Other
Paraphernalia for
Dangerous Drugs

(Plea Bargaining is
allowed only if the drugs
involved are .01 gram to
.99 gram of
Methamphetamine
hydrochloride or
"shabu" and/or .01 gram
to 9.99 grams of
Marijuana)

Section 5, par. 2 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Sale, Trading, etc. of
from Php 100k to
Controlled Precursor and
Php 500k
Essential Chemicals

Section 5, par. 3 Maximum Penalty No Plea Bargain

Allowed
Sale, Trading, etc. takes
place within 100 meters
from a school

Section 5, par. 4 Maximum Penalty No Plea Bargain

Allowed
Drug pushers who use
minors as couriers, etc.

Section 5, par. 5 Maximum Penalty No Plea Bargain

Allowed
When the victim is a minor
causing the latter's death

Section 5, par. 6 Maximum Penalty No Plea Bargain

Allowed
Acting as Financier

Section 5, par. 7 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Acting as Protector/Coddler
from Php 100k to
Php 500k
 Section 6, par. 1 Life Imprisonment to No Plea Bargain
Death and Fine from Allowed
Maintenance of Den, Dive
Php 500k to Php
or Resort where dangerous
IOM
drugs are used or sold in
any form

Section 6, par. 2 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Maintenance of Den, Dive
from Php 100k to
or Resort where Controlled
Php 500k
Precursors and Essential
Chemicals are used or sold

Section 6, par. 3 Maximum Penalty No Plea Bargain

Allowed
Where dangerous drug is
sold or delivered to a minor
and is allowed to use it in
such place

Section 6, par. 4 Death and Fine from No Plea Bargain

Php 1M to Php 10M Allowed
When the use of dangerous
imposed on owner,
drugs in such place causes
maintainer and/or
the death of a person
operator

Section 6, par. 6 Maximum Penalty No Plea Bargain

Allowed
Acting as Organizer,
Manager or Financier of
such place

Section 6, par. 7 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Acting as Protector/Coddler
from Php 100k to
Php 500k

Section 7 12 years and 1 day Section 12 6 months and 1 day to 4

to 20 years and Fine years and a Fine ranging
Employees or Visitors of Possession of
from Php 100k to from Php 10k to Php 50k
Den, Dive or Resort (Only if Equipment, Apparatus
Php 500k
the accused is charged as a & Other Paraphernalia
visitor of the drug den and for Dangerous Drugs
there is/are no other
accused charged with
violation of Section 6
(Maintenance of Den, Drive
or Resort)

Section 8, par. 1 Life Imprisonment to No Plea Bargain

Death and Fine from Allowed
Manufacture of Dangerous
Php 500k to Php
Drugs
I0M
 Section 8, par. 2 12 years and 1 day No Plea Bargain
to 20 years and Fine Allowed
Manufacture of Controlled
from Php 100k to
Precursors and Essential
Php 500k
Chemicals

Section 8, par. 4 Maximum Penalty No Plea Bargain

Allowed
Acting as Financier

Section 8, par. 5 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Acting as Protector/Coddler
from Php 100k to
Php 500k

Section 9 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Illegal Chemical Diversion
from Php 100k to
of Controlled Precursors
Php 500k
and Essential Chemicals

Section 10, par. 1 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Manufacture or Delivery of
from Php 100k to
Equipment, Instruments,
Php 500k
Apparatus and Other
Paraphernalia for
Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals (used
to plant, propagate,
cultivate, grow, harvest, etc.
any dangerous drug,
controlled precursor &
essential chemical)

Section 10, par. 2 6 months and 1 day No Plea Bargain

to 4 years and Fine Allowed
If paraphernalia
ranging from Php
manufactured or delivered
10k to Php 50k
will be used to introduce a
dangerous drug in the
human body

Section 10, par. 3 Maximum Penalty No Plea Bargain

Allowed
If a minor is used to deliver
such equipment,
instrument, paraphernalia
etc.

Section 11 Life Imprisonment to No Plea Bargain

Death & Fine from Allowed
Possession of Dangerous
Php 500k to Php
Drugs (Where quantity of
I0M
shabu is 50 grams or more;
 opium, morphine, heroin,
cocaine and marijuana
resin is 10 grams or more;
marijuana is 500 grams or
more)
Section 11, par. 1
Possession of Dangerous
Drugs (Where quantity of
shabu is 10 grams or more
but less than 50 grams)
Section 11, par. 2
Possession of Dangerous
Drugs (Where quantity of
shabu, opium, morphine,
heroin, cocaine, et. al. is 5
grams or more but less than
10 grams; 300 grams or
more but less than 500
grams of marijuana)
Section 11, par. 3
Possession of Dangerous
Drugs (Where quantity of
"shabu", opium, morphine,
heroin, cocaine, et. al. is
less than 5 grams;
marijuana is less than 300
grams)
Section 12
Possession of Equipment,
Apparatus and Other
Paraphernalia for
Dangerous Drugs
Life Imprisonment No Plea Bargain
and Fine from Php Allowed
400k to Php 500k
20 years and 1 day Section 11, par. 3 12 years and 1 day to 20
to Life Imprisonment years and a Fine ranging
Possession of
and Fine from Php from Php 300K to Php
Dangerous Drugs
400k to Php 500k 400K
(Where quantity of
"shabu", opium,
morphine, heroin,
cocaine, et. al. is less
than 5 grams;
marijuana is less than
300 grams)
12 years and 1 day Section 12 6 months and 1 day to 4
to 20 years and Fine years and Fine Ranging
Possession of
from Php 300k to from Php 10k to Php 50k
Equipment, Apparatus
Php 400k
& Other Paraphernalia
for Dangerous Drugs
6 months and 1 day Section 15 6 months Rehabilitation
to 4 years and a
Use of Dangerous If accused admits drug
Fine ranging from
Drugs use, or denies drug use
Php 10k to Php 50k
but found positive after
drug dependency test - 6
(Plea Bargain not months treatment and
allowed for 2° offense) rehabilitation.
If accused is found
negative for drug
use/dependency -
Undergo counselling
program at rehabilitation
center
 Section 13 Maximum Penalties Section 11, par. 3 12 years and 1 day to 20
provided under years and Fine from Php
Possession of Dangerous Possession of
Section 11 300k to Php 400k
Drugs During Parties, Dangerous Drugs
regardless of
Social Gatherings or
quantity or purity (Plea bargaining is
Meetings
allowed where the
quantity of "shabu",
opium, morphine,
heroin, cocaine, et. al.
is less than 5 grams;
marijuana is less than
300 grams. If the
quantity of dangerous
drugs involved exceeds
the above quantities,
plea bargaining is not
allowed.)

Section 14 Maximum Penalty Section 15 6 months Rehab

provided under
Possession of Equipment, Use of Dangerous If accused admits drug
Section 12
Apparatus and Other Drugs use, or denies drug use
Paraphernalia for but found positive after
Dangerous Drugs During drug dependency test - 6
Parties, Social Gatherings (Plea Bargaining not months treatment and
or Meetings allowed for 2° offense) rehabilitation.

If accused is found
negative for drug
use/dependency -
Undergo counselling
program at rehabilitation
center.

Section 15 6 months Rehab (for No Plea Bargain

1%offense) Allowed
Use of Dangerous Drugs
6 years and 1 day to
12 years and fine
from Php 50k to Php
200k (for 2°
offense)

Section 16, par. 1 Life Imprisonment to No Plea Bargain

Death and Fine from Allowed
Cultivating or Culture of
Php 500k to Php
Plants Classified as
IOM
Dangerous Drugs or are
sources thereof

Section 16, par. 3 Maximum Penalty No Plea Bargain

Allowed
Acting as Financier
 Section 16, par. 4 12 years and 1 day No Plea Bargain
to 20 years and Fine Allowed
Acting as Protector/Coddler
from Php 1 00k to Ph
500k

Section 17 1 year and 1 day to No Plea Bargain

6 years and Fine Allowed
Maintenance and Keeping
from Php 1 Ok to Ph
of Original Records of
50k
Transactions on Dangerous
Drugs and/or Controlled
Precursors and Essential
Chemicals

Section 18 12 years and 1 day No Plea Bargain

to 20 years and Fine Allowed
Unnecessary Prescription
from Php 1 00k to
of Dangerous Drugs
Php 500k, with
revocation of license
of practitioner

Section 19 Life Imprisonment to No Plea Bargain

Death and Fine from Allowed
Unlawful Prescription of
Php 500k to Php
Dangerous Drugs
I0M

Section 26 Penalty Provided in No Plea Bargain

Previous Sections Allowed
Attempt or Conspiracy
for Importation,
Sale, Maintenance
of Den, Manufacture
and Cultivation of
Dangerous Drugs

Section 27 Life Imprisonment to No Plea Bargain

Death and Fine from Allowed
Criminal Liability of Public
Php 500k to Php
Officer or Employee for
I0M
Misappropriation,
Misapplication or Failure to
Account for Confiscated
Dangerous Drugs, etc.

Section 29 Death No Plea Bargain

Allowed
Planting of Evidence

Section 32 6 months and 1 day No Plea Bargain

to 4 years and Fine Allowed
Liability of Person Violating
from Php 1 Ok to Php
any Regulation issued by
50k
the Dangerous Drugs Board

Section 37 6 years and 1 day to No Plea Bargain

12 years and Fine Allowed
 Issuance of False or from Php 100k to
Fraudulent Drug Test Php 500k
Results

Section 72 6 months and 1 day No Plea Bargain

to 6 years and Fine Allowed
Liability of Person who
from Php 1k to Php
violates the Confidentiality
6k
of Records (of drug
dependent under voluntary
submission program)

Section 91, par. 1
to 20 years and Fine
Responsibility and Liability
of Law Enforcement
Agencies and other
Government Officials and
Employees in Testifying as
Prosecution Witnesses in
Dangerous Drugs Cases
12 years and 1 day Section 91, par. 2 2 months and 1 day but
not more than 6 years
Liability of Immediate
of not less than Php and a Fine of not less that
Superior if he failed to
500k Php 10k but not more
exert reasonable effort
than Php 50k
to present witness to
court

Section 91, par. 2 2 months and 1 day No Plea Bargain

but not more than 6 Allowed
Liability of Immediate
years and Fine of
Superior if he failed to exert
not less than Php
reasonable effort to present
10k but not more
witness to court
than Php 50k

Section 91, par. 3 2 months and 1 day No Plea Bargain

but not more than 6 Allowed
Failure of Immediate
years and Fine of
Superior to Inform Court of
not less than Php
Transfer or Re-Assignment
10k but not more
of Accused Law
than Php 50k
Enforcement Agent

Section 92 12 years and 1 day No Plea Bargain

to 20 years without Allowed
Delay and Bungling in the
prejudice to further
Prosecution of Drug Cases
prosecution under
the RPG

All trial prosecutors are hereby directed that proposals for plea bargaining which do not
fall under these revised guidelines shall be rejected outright. In such cases, the trial prosecutor
will proceed with the trial and prosecution of the accused.

Plea bargaining proposals which fall under these guidelines may be entertained by the
trial prosecutor during arraignment or pre-trial or after the trial on the merits has commenced,
following the hereto procedures:
 1. A plea bargaining proposal shall be initiated by a formal motion filed by the
accused in court.

2. The trial prosecutor, upon receipt of a proposal for plea bargaining, shall request
the court to order that a drug dependency assessment be administered on the
accused pursuant to A.M. 18-03-16-SC. The drug dependency report shall be a
condition sine qua non for the trial prosecutor to give his or her consent to the
plea bargain.

3. Where the accused offers a plea bargain during arraignment or pre-trial, the trial
prosecutor shall request for time to obtain the written approval of the City
Prosecutor or Provincial Prosecutor concerned or from any prosecutor with
delegated authority to approve plea bargains other than the trial prosecutor.

4. Where the accused desires to enter into plea bargaining after the trial on the
merits has commenced, the trial prosecutor shall request for time to study the
matter and obtain the written approval of the City Prosecutor or Provincial
Prosecutor concerned or from any prosecutor with delegated authority to
approve plea bargains other than the trial prosecutor. The trial prosecutor shall
make a careful evaluation to determine whether the evidence of the prosecution
is sufficient to convict the accused.

5. If the trial prosecutor is minded to accept the plea bargain proposal, he or she
shall then submit a written memorandum to the City Prosecutor, Provincial
Prosecutor or approving prosecutor concerned justifying why the plea bargain
should be accepted. The written approval shall be submitted to the court to form
part of the records.
6. The trial prosecutor may consult with, but need not obtain the consent of, the
PDEA, PNP or NBI in deciding to accept the plea bargain proposal.

7. If the court insists on approving a plea bargain that is not allowed or goes beyond
what is allowed under these guidelines, the trial prosecutor shall interpose his
or her vigorous objection in open court and manifest that the State does not give
its consent to the plea bargain. The objection shall be anchored on the parties'
failure to arrive at a mutually satisfactory disposition of the case that may be
submitted for the trial court's approval. The trial prosecutor should insist that the
acceptance of an offer to plead guilty is not a demandable right, and it depends
on the consent of the offended party and the prosecutor, which is a condition
precedent to a valid plea of guilty, following the doctrine laid down in People of
the Philippines vs. Erwin C. Reafor. 1

8. Where the accused had already previously availed of plea bargain and probation
for violations of Republic Act No. 9165, as amended, the trial prosecutor should
vigorously OBJECT to any proposal from the accused for plea bargain in any
subsequent case for violation of Republic Act No. 9165, as amended.

In cases where a minor is charged under Republic Act No. 9165, as amended, the minor
shall be proceeded against pursuant to the provisions of Republic Act No. 9344, as amended.

1 G.R. No. 247575, 16 November 2020.

 For purposes of monitoring compliance with these guidelines, all prosecution offices shall
submit to the Department quarterly reports of plea bargains approved by the court indicating
therein whether the approval was with the consent or over the objection of the prosecution.

These guidelines revoke Department Circular No. 027, series of 2018 dated 26 June
2018 and shall serve as an exception to Department Circular No. 55 dated 11 December 1990. It
shall apply only to cases covered by Republic Act No. 9165, as amended.

This Department Circular shall take immediate effect until revoked.

For strict compliance.

MENARDOI.GUEVARRA
Secretary

Department of Justice
Copy furnished: CN: O202205061

All concerned. 1111111111111111111111111111111111

 Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department ofJustice
Manila

MEMORANDUM FOR THE SECRETARY

SUBJECT Draft Department Circular Revising Department Circular

No. 27 dated 26 June 2018

DATE 10 May 2022

Respectfully forwarded to your good office are the (1) draft circular entitled
"Revised Amended Guidelines on Plea Bargaining for Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"that seeks
to revise and further improve Department Circular No. 27 dated 2018 or the "Amended
Guidelines on Plea Bargaining for Republic Act No. 9165, as amended"; and (2) draft
letter addressed to Chief Justice Alexander G. Gesmundo of the Supreme Court of the
Philippines, furnishing the Supreme Court with a copy of the said circular and asking
that it consider some procedural requirements that were maintained in the revised
amended guidelines.

For your approval.

BENEDI ONTENTO
Praisecutor General
MEMORANDUM FOR THE SECRETARY

SUBJECT Draft Department Circular Revising Department Circular

No. 27 dated 26 June 2018

DATE 10 May 2022

Respectfully forwarded to your good office are the (1) draft circular entitled
"Revised Amended Guidelines on Plea Bargaining for Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"that seeks
to revise and further improve Department Circular No. 27 dated 2018 or the "Amended
Guidelines on Plea Bargaining for Republic Act No. 9165, as amended"; and (2) draft
letter addressed to Chief Justice Alexander G. Gesmundo of the Supreme Court of the
Philippines, furnishing the Supreme Court with a copy of the said circular and asking
that it consider some procedural requirements that were maintained in the revised
amended guidelines.

For your approval.