Press Release
August 15, 2019

Sotto: Allow plea bargaining for small-time drug offenders

Senate President Vicente C. Sotto III has filed a measure which would allow plea bargaining agreement for small-time drug offenders.

Explaining his Senate Bill 492, Sotto said the country's laws allow plea bargaining deals for violation of all criminal laws including heinous crimes except for violation of any provisions of the anti-drug law.

"Plea bargaining," as defined in Black's Law Dictionary, is "the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval."

It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. (Daan vs Sandiganbayan, GR No 163972-77, March 28, 2008)

According to Sotto, SB 492 would allow plea bargaining in violation of the Dangerous Drugs Act of 2002, specifically for small-time or low-level drug users and for personal possession of illegal drugs.

"The unparalleled number of small-time drug cases pending in courts causes burden to the country's criminal justice system as regards to costs and efficiency in the speedy disposition of cases," he said.

"Plea bargaining in these 'small-time' or 'low-level' drug cases will result in the prompt and final disposition of cases that in effect will declog the court dockets and our jails," he added.

SB 492 seeks to amend the plea bargaining provision (Section 23) of Republic Act 9165, or the Dangerous Drugs Act of 2002, which prohibits any drug offender to avail of such arrangement regardless of the penalty.

It also institutionalizes the Supreme Court (SC) order, which it issued on April 10 last year, adopting the framework for plea bargain deals in drug cases.

Under Sotto's bill, plea bargaining "may be allowed only for a person who is found to be positive for use of any dangerous drug for a second time, after a confirmatory test."

A person who pleads guilty of possession of up to 4.99 grams of shabu, opium, morphine, heroin, cocaine and other dangerous drugs; or less than 300 grams of marijuana would be allowed to seek a plea bargaining agreement, it stated.

A person who pleads guilty of possession of dangerous drugs during parties, social gatherings or meetings, or in the proximate company of at least two persons, provided that the quantities are less than five grams of opium, morphine, heroin, cocaine or "shabu", or other dangerous drugs; or less than 300 grams of marijuana, could also avail of the plea bargaining agreement.

Plea bargaining agreement could also be availed by an accused who pleads guilty of possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings, or in the proximate company of at least two persons. Provided, that it can be proved that said possession is for his/her personal use which is in a reasonable quantity as determined by the court, the bill further stated.

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