By Rey G. Panaligan
The Supreme Court has adopted a plea bargaining framework in illegal drugs cases that would allow an accused to plead guilty to a lesser offense for a lighter penalty.
But the SC stressed that plea bargaining is not allowed in drugs cases where the imposable penalty is life imprisonment or life imprisonment to death.
Plea bargaining is also not allowed under Section 5 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, on sale, trading, administration, dispensation, delivery, distribution, and transportation of all kinds of dangerous drugs, the SC said.
The SC directed Court Administrator Jose Midas P. Marquez to issue a circular to all trial courts in the country for the implementation of the plea bargaining framework.
Under the plea bargaining framework, an accused charged with violation of Section 11 of RA 9165 on possession of dangerous drugs where the quantity is less than five grams (in case of shabu, opium, morphine, heroin, and cocaine, and less than 300 grams in case of marijuana) with a penalty of 12 years and one day to 20 years in prison and a fine ranging from P300,000 to P400,000, he or she can plea bargain to a violation of Section 12 on possession of equipment, instrument, apparatus, etc. with a penalty of six months and one day to four years in prison and a fine ranging from P10,000 to P50,000.
In this case, the SC said “the court is given the discretion to impose a minimum period and a maximum period to be taken from the range of penalty provided by law.”
It said “a straight penalty within the range of six months and one day to one year may likewise be imposed.”