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 way 10 2072 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 seal 10, 2018 and June 4, 2019, and in line with the Department's adherence to 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: Charged formation ‘Section 7 Penalty ‘Section 4 "Life Imprisonment to | | Death & Fine from | importation of Dangerous | Php 500k to Drugs Php10M Section 4, par. 2 12 years & 1 day to in 20 years and Fine “importation of Controlled | Precursors and Essential OPP. T0DK Io Chemicals Phe 20% | | Section 4, par. 3 | Maximum Penalty “Importation through Use of Diplomatic Passport etc.the drugs Methamphetamine hydrochloride or “shabu” and/or .01 gram Section 4, par. 5, | 42 years and 1 day in ing as\PHOISAeEBadler | '© 20 Years and Fine Allowed Acting 8 from Php 100k to Php 500k Life imprisonment to | ‘Section 12 6 months and 1 day to 4 | Death and Fine from “extant years and a Fine ranging Php 500k to Phy from Php 10k to Php 50k 1p non iP } , Apparatus Ap ~ and Other | Paraphemalia for | Dangerous Drugs (Plea Bargaining is | Drug who Use) couriers, etc. ction 5, par. 2 12 years an | Sale, Trading ec of | 12 20Y2@" and ie | Allowed | rom Php 100k to | Controlled Precursor and pean | Essential Chemicals ane | Section 5, par. 3 Maximum Penalty ] Sale etc. takes feed, place within 100 rete | | from a schoo! | “Section 5, par. 4 Maximum Penalty | -NoPleaBargan Section 5, par. 5 Maximum Penalty eo = matte from Php 100k to Php 500k ‘When th a causing the latter's | ~~ Section 5, par. 6 | Maximum Penalty | 1 eae Acting ad Finnesr i | —Seeten’; pac 7 Ta year an day | Ne Pa Baran | to 20 years and Fine Allowed| ctior | Life imprisonment to | Death and Fine from | Maintenance of Den, Dive | Maintenance of Den, Dive or Resort where dangerous | a Sa Pre, drugs are used or sold in | any form ‘Section 6, par. 2 ‘T2years and 1 day | No Plea Bargain 0 20 years and Fine Allowed | Where forms dy is and is allowed touse itin such place or Resort where Controlled hi ah ona - Precursors and Essential | Chemicals are used or sold | | sction 6, par. 3 | Maximum Penalty | No Plea Bargain | Allowed | Section 6, par. 4 | Death and Fine from Php 1M to Php 10M Allowed eames 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 When thetuse of dangerous | imposed on owner, rugs place €aUS@S —“paintainer and/or | MGEIRIED> person operator | |-—~Seciion 6; par. | Maximum Penalfy | Ne Plea Bargain | | Allowed Acting as Organizer, | | Manager or Financier of | such place Section 6, ‘T2years and i day | NoPlea Bargain ; to 20 years and Fine Allowed ‘Acting from Php 100k to Php 500k ‘Section 7 T2years and 1 day Section 12 @ months and 1 day to 4 to 20 years and Fine years and a Fine ranging “Possession of from Php 10k to Php 50k from Php 100k to | | Php 500k Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs or Resort) | Section 8, par. 7 Life Imprisonment to | “No Plea Bargain mamas | Death and Fine from Allowed | f Dangerous php 500k to Php Drugs ou | |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 PEPE 4 to 20 years and Fine Allowed from Php 100k to | Php 500k | Acting as ProtectoriCoddler | | Rea Illegal Chemical Diversion of Controlied Precursors to 20 years and Fine from Php 100k to Php 500k 12 years and 1 day | ~ ‘and Essential Chemicals | Death & Fine from Allowed Racca of Dangerous php 500k to Php rugs (Where quantity of | aa 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 | 6 months and 1 day tfparaphernata to 4 years and Fine Allowed | ranging from Php manufactured or delivered will be used ac] een | | Section 10, par.3 | Maximum Penalty No Plea Bargain Allowed if a minoris used to deliver ‘such equipment, instrument, paraphemalia etc. Section 11 Life imprisonment to | No Plea Bargain‘opium, morphine, heroin, | cocaine and marjuana resinis 10 grams or more; | marijuana is 500 grams or more) | ‘Section 11, par. 1 Life imprisonment shabu’, opium, morphine, heroin, cocaine, et. al. is coh e | Possession of Dangerous | St! Fine fom Php Allowed | | 400k to Phy | Drugs (Where quantity of | “20«'2 Pre 500k shabu is GEES) 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 and Fine from Php “Possession of from Php 300K to Php Drugs (Where quantity of | 400 to Php 500k eS 400K | shabu, opium, morphi ere quantity of ie5 | shabu", opium, | F mor morphine, heroin, rams; 300 grams or | cocaine, et. al. is less | than 5 grams; | grams of marijuana is less than | | | 300 grams) Section 11, par 3—~|-12years and 1 day ‘Section 12 months and 1 day to 4 a | to 20 years and Fine years and Fine Ranging = from Php 300k to from Php 10k to Php 50k | ‘Drugs (Where quantity of Php 400k ‘Apparatus 2 ° & Other Paraphernalia for Dangerous Drugs Dangerous Drugs| ‘Section 12 6 months and 1 day ‘Section 15, 6 months Rehabilitation (Possession STEAMER. ne Faning ton a sug ee ectntrom | slat Dangerous Apparatus and Other php 10K to Php 50k Drugs Paraphernalia for er : ergo, | ouneeling| program at rehabilitation centerSection 13 ] Dangerous — Drug Social Gatherings or Maximum Penalties | provided under Section 11 regardiess of quantity or purty Section 11, par. 3 ie (Plea bargaining is | 12 years and 1/day to 20 years and Fine from Php 300k to Php. om Meetings ™ | allowed where the | of "shabu", | | ‘opium, morphine, heroin, | re | a drugs involv the above quai Section 14 Maa Section 15 6 months Rehab ided Possession of Equipment, | Provided under Use of Dangerous | If accused admits drug Apparatus and Other Drugs use, or denies drug use | Paraphemalia for but found weve after | Dangerous Drugs During | drug dependancy test - 6 Parties, Social Gatherings (Plea Bargaining not_| months treatment and or Meetings | | allowed for 2* offense) | fehabitation 1 accused) is found negative for drug use/dependency = Undergo | counselling | program at fehabilitation | center, | | Section 15 S months Rehab (for | No Plea Bargain = T | 4# offense) Allowed REIT | sare and 1 dey 0 12 years and fine from Php 50k to Php 200k (for 2°° offense) Section 16, par. 1 Life Imprisonment to | No Piea Bargain f of | Death and Fine from Allowed | Php 500k to Phy lassified as recom rne | Dangerous Drugs or are sources thereof ‘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