Joatham Anry T.

Genovis Procedural Law Week 1 Digest Block B

Facts:

Estipona was blamed for an offense under RA 9165. He needs to go into a petition for a possible plea
bargain yet Judge Lobrigo didn't allow him to do as such considering the way that Section 23 expressly
limits demands in terms of plea bargains in drugs cases. Estipona counters that Section 23 is not in line
with the constitution. The prosecution moved for the renouncing the said motion for being contrary to
Section 23 of R.A. No. 9165, which should be safeguarded by the Congress' advantage to pick which
offense it would allow plea bargaining. Respondent Judge Frank E. Lobrigo provided an Order denying
Estipona's contention.

ISSUE:

Is Section 23 of RA 9165, which blocks petition bargaining in drugs cases, unconstitutional?

HELD:

Without a doubt, Section 23 of RA 9165 is unconstitutional considering the way that it disregards the
separation of powers by encroaching upon the standard making power of the Supreme Court under the
constitution. Plea Bargains are procedural in nature and it is inside the sole advantage of the Supreme
Court. Substantive law is that piece of the law which makes, describes and oversees rights, or which
controls the right and commitments which lead to a justifiable action; that piece of the law which courts
are set up to coordinate while procedural law embraces the method for maintaining rights.