6.

Estopina vs Lobrigo
G.R. No. 226679 August 15, 2017

FACTS:

A violation of R.A. 9165 (Anti Dangerous Drugs Act) was involve in this case. However, one of the
contentious point here is about Section 23 thereof which provides that:

SEC 23. Plea-Bargaining Provision. - Any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

The defense filed a motion to enter into a plea bargain agreement from not-guilty to guilty. The prosecution
opposed on the ground that it was contrary to Section 23, RA 9165.

The defense justified that Section 23, R.A. 9165 is unconstitutional because it encroaches on the rule-making
power of the supreme court.

ISSUE:

Whether or not Sec. 23, R.A 9165 encroaches on the rule making power of the supreme court.

RULING:

Yes, Sec. 23, R.A 9165 encroaches on the rule making power of the supreme court.

The Supreme Court held that, under the express provision of Section 5(5), article 8 of the 1987 constitution,
The power to promulgate rules of pleading, practice and procedure is now Our exclusive domain and no longer
shared with the Executive and Legislative departments.

In this case, Sec. 23, R.A. 9165 was a legislative enactment which is clearly unauthorized under Article 8,
of the 1987 Constitution because it trespasses upon the rule making power of the supreme court.

Therefore, Sec. 23, R.A 9165 encroaches on the rule making power of the supreme court.