The Supreme Court (SC) on Tuesday stood pat on its decision allowing plea bargaining in drug cases.
At a press conference, SC spokesperson Theodore Te said the Court denied with finality the motion for reconsideration to the August 15 decision voiding the provision that bars plea bargaining under the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165).
The decision stemmed from a petition filed in September last year by detainee Salvador Estipona Jr. who is facing a case for possession of 0.084 grams of shabu, a crime punishable under Section 11 of RA 9165.
He filed a plea bargain motion but this was denied by Judge Frank Librogo of Legazpi City Regional Trial Court Branch 3, citing Section 23 of RA 9165 as basis.
Represented by the Public Attorney’s Office (PAO), Estipona told the high court that Section 23 violated the equal protection of the law and encroached upon the power of the SC to promulgate rules of procedure in criminal cases.
Voting unanimously, the SC declared Section 23 of RA 9165 unconstitutional on the ground that the high court has the exclusive power to regulate procedural rules, including plea bargaining.
Plea bargaining does not automatically mean the accused will be sentenced to a lesser offense as the plea is subject to the concurrence of the prosecution and is only allowed upon the discretion of the court.
“The ruling on the motion must disclose the strength or weakness of the prosecution’s evidence. Absent any finding on the weight of the evidence on hand, the judge’s acceptance of the defendant’s change of plea is improper and irregular,” the SC said
MANILA, Philippines — People who are accused of drug-related offenses can now plead guilty to a lesser offense, provided that it is allowed by the prosecutor.
The Supreme Court (SC) late Friday afternoon posted on its Twitter account that it has declared as unconstitutional the prohibition against plea bargaining in the Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165.
The SC has yet to release its Aug. 15 full decision but said that its declaration was in relation to the Salvador Estipona versus Legaspi City Regional Trial Court (RTC) Branch 3 Judge Frank Lobrigo case.
Section 23 of RA 9165 refers to the plea bargaining provision wherein any person charged under any provision of law – regardless of the imposable penalty – shall be denied plea bargaining or pleading guilty to a lesser offense with the consent of the prosecutor.
In its ruling dated Aug. 15, the court said Section 23 of RA 9165 was contrary to Article 8, Section 5 (5) of the 1987 Constitution giving the SC the authority to allow plea bargaining.
This section guarantees “protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the integrated bar and legal assistance to the underprivileged.”
“Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court,” it added.
Estipona was reportedly caught in possession of .084 grams of methamphetamine hydrochloride or shabu. He was charged for violation of Section 11, Article 2 of RA 9165.
Estipona, represented by the Public Attorney’s Office (PAO), questioned Lobrigo’s decision to deny his motion for plea bargain agreement.
Last year, PAO chief Persida Rueda Acosta said over 82,000 small time drug offenders have been rotting in prisons.
She said that those accused to have committed murder, rape, car theft and other heinous crimes were allowed to enter plea bargain but violators of the Dangerous Drugs Act, especially the small time drug pushers and users, are prohibited from doing so.
“At the very least, if plea bargaining is indeed not allowable in violations of (the Dangerous Drugs Act), the prohibition should apply only to those drug offenses involving capital punishment,” Acosta had said.
Source: http://www.philstar.com:8080/headlines/2017/09/10/1737544/sc-plea-bargaining-allowed-drug-cases
Oh My Kwento!!!! 