CASE DIGEST:

SALVADOR A. ESTIPONA, JR., Petitioner,

vs.
HON. FRANK E. LOBRIGO, Respondents

FACTS:

Salvador Estipona, Jr. was indicted for violating Section 11 (illegal possession of illegal drugs) of Republic
Act No. 9165 or the Dangerous Drugs Act as he was alleged to have been caught in possession of shabu.

He wants to enter into a PLEA BARGAINING AGREEMENT but Judge Lobrigo did not allow him to do so
because Section 23 specifically prohibits plea bargaining in drugs cases. Estipona argues that Section 23
is unconstitutional.

ISSUE:

Is Section 23 of RA 9165, which prohibits plea-bargaining in drugs cases, unconstitutional?

HELD:

Yes, Section 23 of RA 9165 is unconstitutional for two reasons:

1. it violates the equal protection clause since other criminals (rapists, murderers, etc.) are allowed
to plea bargain but drug offenders are not, considering that rape and murder are more heinous
than drug offenses.
2. it violates the doctrine of separation of powers by encroaching upon the rule-making power of
the Supreme Court under the constitution. Plea-bargaining is procedural in nature and it is
within the sole prerogative of the Supreme Court.

In his petition, Estipona argued that “[t]hose accused of other heinous crimes such as murder, some acts
of rape, and other crimes where the maximum imposable penalty is either life imprisonment, reclusion
perpetua, or death, are allowed into plea bargaining under Section 1, Rule 118 of the Revised Rules on
Criminal Procedure."

Also states in Rule 116 (Arraignment and Plea):

SEC. 2. Plea of guilty to a lesser offense. - At arraignment, the accused, with the consent of the
offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser
offense which is necessarily included in the offense charged. After arraignment but before trial, the
accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not
guilty. No amendment of the complaint or information is necessary. (Sec. 4, Cir. 38-98)

WHEREFORE, the petition for certiorari and prohibition is GRANTED. Section 23 of Republic Act No. 9165
is declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under
Section 5(5), Article VIII of the 1987 Constitution.

SO ORDERED.