Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila DEPARTMENT CIRCULAR NO. 9 4 8 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" Bares NAY 10 2022 In view of the adoption by the Supreme Court of its Plea Bargaining Frameworks in Drugs Cases (A.M. 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: Offense Charged Section Penalty Section ‘Section 4 ‘Life Imprisonment to | No Plea Bargain Death & Fine from Allowed Importation of Dangerous Php 500k to Drugs Php10M Saciion 4, par. 2 T2 years & 1 dayto | No Plea Bargain 20 years and Fine ‘Allowed Importation of Controlled Precursors and Essential Chemicals Section 4, par. 3 Importation through Use of Diplomatic Passport etc. from Php 100k to Php 500k Maximum Penalty ‘No Plea Bargain Allowed ‘Section 4, par.4, Acting as | Maximum Penalty | Financier in ImportationSection 4, par.5, | No Plea Bargain | Acting as Protector/Coddler | braces rookie Allowed | Php 500k | ‘Section Life Imprisonment to | Section 12 | 6 months and 7 day to 4 Death and Fine from years and a Fine ranging Sale, Trading, etc. of Possession of | 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 | 109.99 grams of | | Marijuana) | "Section 5, par. 2 12 years and 1 day No Plea Bargain y to 20 years and Fine Allowed | Sale, Trading, etc. of Controlled Precursor and Essential Chemicals from Php 100k to Php 500k ‘Section 5, par. 3 Sale, Trading, etc. takes place within 100 meters Maximum Penalty No Piea Bargain Allowed from a school ~~ Section 5, par. 4 Maximum Penalty No Plea Bargain Drug pushers who use Allowed minors as couriers, etc. Section 5, par. 5 Maximum Penaity No Piea Bargain ‘Allowed When the victim is a minor causing the latter's death Section 5, par. 6 | Acting as Financier | ‘Section 5, par. 7 Acting as ProtectoriCoddler | ‘Maximum Penalty 12 years and 1 day to 20 years and Fine from Php 100k to Php 500k | No Piea Bargain Allowed No Piea Bargain Allowed| Life imprisonment to No Piea Bargain Maintenance of Den, Dive, Death and Fine from | Allowed | Php 500k to Php or Resort where dangerous | | om | drugs are used or sold in any form | ‘Section 6, par. 2 ‘T2years and 1 day | No Plea Bargain Maintenance of Den, Dive ‘9,20 Years and Fine ewes | from Php 100k to or Resort where Controlled “OLEAN? | Precursors and Essential | Chemicals are used or sold | | Section 6, par. 3 | Maximum Penalty | No Plea Bargain Where dangerous drug is ‘Aowed sold or delivered to a minor and is allowed to use itin | such place | | | Section 6, par.4 | DeathandFine from | No Plea Bargain 1 Php 1M to Php 10M Allowed | ‘When the use of dangerous drugs in such place causes | ™Po%ed on owner, maintainer and/or Employees or Visitors of | Den, Dive or Resort (Only if | the accused is charged as a | visitor of the drug den and there is/are no other accused charged with | violation of Section 6 (Maintenance of Den, Drive from Php 100k to Php 500k the death of a person | operator er = { a 4 ‘Section 6, par. 6 | Maximum Penalty No Plea Bargain | 1 Allowed: Acting as Organizer, | | Manager or Financier of | ‘such place Section 6, T2years and t 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 7 day to 4 to 20 years and Fine poses a years and a Fine ranging Equipment, Apparatus & Other Paraphernalia | for Dangerous Drugs from Php 10k to Php 50k or Resort) | Section 6, par. 1 ‘Life Imprisonmentto | No Plea Bargain Death and Fine from Allowed | Manufacture of Dangerous | Bhp 500k to Php Duos 1M| Acting as ProtectoriCoddler | ase oo Illegal Chemical Diversion of Controlied Precursors and Essential Chemicals from Php 100k to | Php 500k +t | 10.20 years and Fine from Php 100k to Php 500k 12 years and 1 day | ~ Section 8, par. 2 72 years and {day | No Plea Bargain Manufacture of Contre | %20¥98" and Fine ‘Allowed ome from Php 100k to Precursors and Essential Pan eo | . | p | Chemicals | | ‘Section 6, par.4 | Maximum Penalty No Plea Bargain | | Acting as Financier | Allowed | Section 8, par. 5 72 years and 1 day No Plea Bargain EEEEEeeEUSeE to 20 years and Fine Allowed Possession of Dangerous Drugs (Where quantity of shabu is 50 grams or more: Php 500k to Php | tom Section 10, par.1 | i2yearsandiday | No Plea Bargain | Manufacture or Delivery of | yea Years soa ine lewies | Equipment, instruments, Php 500k | Apparatus and Other | | | Paraphemalia for | | Dangerous Drugs and/or | Controlled Precursors and Essential Chemicals (used toplant, propagate, | cultivate, grow, harvest, etc. | any dangerous drug, | controlled precursor & essential chemical) ‘Section 10, par.2_| S months and 1 day No Plea Bargain tfparaphernata | to4 years and Fine Allowed manufactured or delivered “Syne peal will be used to introduce a dangerous drug inthe ‘human body | ‘Section 10, par. 3 | Maximum Penalty [~ No Plea Bargain : Allowed ia minor is used to deliver such equipment, instrument, paraphemalia etc. Section 11 Life Imprisonment to | No Plea Bargain i Death & Fine from Allowed‘opium, morphine, heroin, | cocaine and marjuana | resinis 10 grams or more; | marijuana is 500 grams or | more) | ‘Section 11, par.1 _|_Life Imprisonment No Plea Bargain | possession at Dangerous | Sulrneten Pho Allowed | | | 4 Phy | Drugs (Where quantity of | 420«'2 Pre 500k shabu is 10 grams or more |” but less than 50 grams) Section 11, par. 2 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 Dangerous | “ang Fine from Php Possession of | from Php 300K to Php Drugs (Where quantity of | {Sox to Php 500k | Dangerous Drugs | 4g | shabu, opium, morphine, (Where quantity of | heroin, cocaine, et. al. is 5 shabu", opium, grams or more but less than morphine, heroin, 10 grams; 300 grams or | cocaine, et. al. is less | more but less than 500 | than 5 grams; grams of marijuana) marijuana is less than | | | 300 grams) ‘Section 11, par. 3 742 years and 1 day ‘Section 12 @ months and 1 day to 4 | Fit Ri PessanterrstDengeom | a Peeaae Possession of | Yea" and Fine Ranga from Php 300k to from Php 10k to Php 50k Drugs (Where quantity of, Equipment, Apparatus shabu’, opium, morphine, aie & Other Paraphernalia heroin, cocaine, et. a. is for Dangerous Drugs | less than 5 grams; | marijuana is less than 300 grams) | | Section 12 @ months and 1 day Section 15 Toni Refabiation to4 years and a : Possession of Equipment, | fine Sengingtrom | usefDangerous | if accused admits drug Apparatus and Other | pp 10K to Php 50k Drugs use, or denies drug use Paraphernalia for but found positive after Dangerous Drugs, 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 Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings Section 14 Possession of Equipment, Apparatus and Other Paraphernalia for ] Maximum Penalties | provided under Section 11 regardiess of quantity or purty | Maximum Per provided under Section 12 Section 11, par. 3 Possession of Dangerous Drugs (Plea bargaining is 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 15, Use of Dangerous Drugs 12 years years and Fine from Php 300k to Php. aan 6 months Rehab If accused admits drug use, or denies drug use | but found weve after | | and 1/day to 20 Dangerous Drugs During | drug dependency test - 6 Parties, Social Gatherings | (Plea Bargaining not | months treatment and or Meetings | | allowed for 2* offense) | rehabilitation 1 accused) is found negative for drug use/dependency > Undergo | counselling | program at fehabilitation | center. Section 15 months Rehab (for | _No Plea Bargain ef Use of Dangerous Drugs 1" offense) 6 years and 1 day to 12 years and fine from Php 50k to Php 200k (for 2° offense) Allowed Section 16, par. 1 Cultivating or Culture of Plants Classified as Dangerous Drugs or are sources thereof | Life imprisonment to | Death and Fine from Php 500k to Php tom No Piea Bargain Allowed ‘Section 16, par. 3 Acting as Financier ‘Maximum Penalty No Plea Bargain AllowedLiability of Person Violating | from Php 10k to Phy ‘any Regulation issued by a the Dangerous Drugs Board | Section 16, par.4 | 12 years and T day No Plea Bargain t020 Acting as Protector/Coddler | from ea. s0on pa beans | ‘500k ‘Section 17 Tyear and Tdayto | No Plea Bargain 6 years and Fine Allowed Maintenance and Keeping from php 10k to Ph | of Original Records of Bae Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals | ‘Section 18 | 42 years and 1 day No Plea Bargain | to 20 years and Fine Allowed Unnecessary Prescription Topp 100K to | ‘of Dangerous Drugs Php 500k, with | revocation of license of practitioner Section 19 Life Imprisonmentto | _No Plea Bargain a Death and Fine from Allowed Untawful Prescription of | "php 500k to Php | Dangerous Drugs| ic | | ‘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 Section27 —_ Life Imprisonment to No Plea Bargain ; __ Death and Fine from Allowed Criminal Liability of Public Bhp 500k to Php Officer or Employee for iM Misappropriation, Misapplication or Failure to | ‘Account for Confiscated Dangerous Drugs, etc. | ‘Section 29 Death” No Plea Bargain | lowed Planting of Evidence ss i Section 32 6 months and 1 day No Plea Bargain | to4 years and Fine ‘Allowed ‘Section 37 6 years and 1 day to 42 years and Fine No Plea Bargain AllowedIssuance of False or from Php 100k to Fraudulent Drug Test Php 500k Results | Section 72 ‘months and {day | No Plea Bargain to 6 years and Fine Allowed Liabilty of Person who. from Php 1k to Php violates the Confidentiality ek of Records (of drug | dependent under voluntary submission program) | | Section 91, par. 1 12 years and day | Section 91, par.2 | 2 months and|1 day but Responsibility and Liability of Law Enforcement ‘Agencies and other Government Officials and to 20 years and Fine | of not less than Php | ‘500k Liabilty of Immediate Superior if he failed to exert reasonable effort to present witness to not more than 6 years and a Fine of notiess that Php 10k but not more than Php 50k Employees in Testifying as_| court | Prosecution Witnesses in Dangerous Drugs Cases Section 91, par. 2 2 months and 1 day | No Plea Bargain but not more than 6 | Allowed Liability of immediate ‘Superior if he failed to exert _ reasonable effort to present | witness to court years and Fine of | not less than Php 410k but not more than Php 50k | Section 91, par. 3 Failure of Immediate Superior to Inform Court of Transfer or Re-Assignment of Accused Law Delay and Bungling in the Prosecution of Drug Cases 2 months and 1 day | but not more than 6 years and Fine of not less than Php 10k but not more than Php 50k | years and 1 day to 20 years without | Prejudice to further prosecution under the RPC No Piea Bargain Allowed Allltrial prosecutors are hereby directed that proposals for plea bargaining which do not, fall under these revised guidelines shalll 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 concemed 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 concemed 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. Ifthe 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 orher 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 @ condition precedent to a valid plea of guilty, following the doctrine laid down in People of the Philippines vs. Erwin C. Reafor.’ 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. *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 shail take immediate effect until revoked. For strict compliance MENARDO |. GUEVARRA Secretary Department of lustice Copy furnished: N: 0202205051 A earcomed (UTEaATMENT OF JUSTICE \ CUAL) vo COMMUNICATIONS DIVISION eee