Dear PAO,

My neighbor was apprehended while selling “shabu” on the street fronting our house. I heard that the investigator mentioned to one member of his family that the culprit may avail of plea bargaining in the event that he is formally indicted in court. Allegedly, this procedure is encouraged and the same is beneficial to all parties. My neighbor is known as a notorious drug personality in our community, so I think that plea bargaining is only beneficial to him. Am I correct in my assumption?

Trandy

Dear Trandy,

The law alleged to have been violated by your neighbor for selling prohibited drugs is Section 5 of Republic Act 9165 (RA 9165), as amended, or the Comprehensive Dangerous Drugs Act of 2002, which provides that:

“The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. xxx”

Plea bargaining is governed by Section 2, Rule 118 of the Revised Rules on Criminal Procedure, as amended, which states that:

“Section 2. Plea of guilty to a lesser offense. At the arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense, which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary.”

Correlative thereto, AM 18-03-16-SC dated April 10, 2018, or the Plea Bargaining Framework in Drugs Cases allows plea bargaining for violation of Section 5 of RA 9165 if the quantity of methamphetamine hydrochloride or “shabu” involved is 0.01 to 99 grams.

For proper guidance on plea bargaining, please note of the case of People of the Philippines v. Montierro, GR 254564, July 26, 2022, where the Supreme Court, speaking through Associate Justice Alfredo Benjamin Caguioa, stated that:

“By the same token, it is towards the provision of a simplified and inexpensive procedure for the speedy disposition of cases in all courts that the rules on plea bargaining were introduced. As a way of disposing criminal charges by agreement of the parties, plea bargaining is considered to be an ‘important,’ ‘essential,’ ‘highly desirable,’ and ‘legitimate’ component of the administration of justice. Some of its salutary effects include:

“x x x For a defendant who sees slight possibility of acquittal, the advantages of pleading guilty and limiting the probable penalty are obvious — his exposure is reduced, the correctional processes can begin immediately, and the practical burdens of a trial are eliminated. For the State there are also advantages — the more promptly imposed punishment after an admission of guilt may more effectively attain the objectives of punishment; and with the avoidance of trial, scarce judicial and prosecutorial resources are conserved for those cases in which there is a substantial issue of the defendant’s guilt or in which there is substantial doubt that the State can sustain its burden of proof. [Brady v. United States, 397 US 742, 752 (1970)] x x

“In this jurisdiction, plea bargaining has been defined as ‘a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval.’ There is a give-and-take negotiation common in plea bargaining. The essence of the agreement is that both the prosecution and the defense make concessions to avoid potential losses. Properly administered, plea bargaining is to be encouraged because the chief virtues of the system — speed, economy, and finality — can benefit the accused, the offended party, the prosecution, and the court.”

Applying the afore-cited law and jurisprudence in your situation, plea bargaining is a process where the accused and prosecution work out a mutually satisfactory disposition of the case to be approved by the court. The same is also described as a simplified, prompt, and inexpensive procedure for disposing of cases, thereby benefiting the accused, the offended party, the prosecution and the court. Thus, your assumption that only the accused will benefit in plea bargaining has no legal basis.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]