PLEASED TO MEET YOU: A LAYMAN'S GUIDE TO PLEA BARGAINING
When Republic Act 9165 (RA 9165), or the Comprehensive Dangerous Drugs Act of 2002 was passed, one provision of the law states that: “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".
Under the Rules of Court, there is a plea-bargaining when a defendant pleads guilty to a lesser offense in return for a lighter sentence. Plea bargaining in criminal cases is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of a case subject to court approval. Plea bargaining is allowed when the prosecution does not have sufficient evidence to establish the guilt of the accused of the crime charged. In the long line of cases decided by the Supreme Court plea bargaining has been available except for drugs cases.
Over time, the drugs law underwent changes. Some provisions were declared unconstitutional, such as the mandatory drug testing of persons charged before the prosecutor’s office with an offense having penalty of not less than 6 years imprisonment. By case law, the Supreme Court also allowed rehabilitation for accused charged with possession of paraphernalia with traces of dangerous drugs.
Then came the case of Salvador Estipona Jr. He was charged for violating the drugs law for possessing .084 grams of “shabu". In this case, the Supreme Court declared that Section 23 (prohibition on plea-bargaining) of the drugs law is unconstitutional. This paved the way for plea bargaining on drugs cases.
The former drugs law was amended purposely to address the worsening situation of illegal drugs in the country. Back then, the sound policy of the government was this: What a drug pusher sees is what he gets, and only a drug user can benefit from the rehabilitation. With the inception of plea-bargaining to drugs cases, that sound policy will most likely be circumvented.
When the Supreme Court promulgated Adoption of the Plea Bargaining Framework in Drugs Case,selling of illegal drugs was one offense where a plea-bargain agreement is available. Before the Estipona decision and during the issuance of the circular by the DOJ, selling of illegal drugs, regardless of the weight was not subject to plea bargain.
It may well be noted that on the promulgated issuance by the Supreme Court, possession of illegal drugs, say for instance 5 gms of shabu may now be subject of plea bargain, to a lesser offense of possession, with a penalty ranging from 12 years and one day to 20 years imprisonment. It would seem that the act of selling illegal drugs, which was previously a non-bailable offense is lighter in terms of criminal degree than possession of the illegal contraband. The selling of illegal drugs maybe pleaded to mere possession of equipment, apparatus, and other drug paraphernalia for a 6-month and a day to a 4-year imprisonment. That situation calls for the application of Probation Law.
Under the Probation Law, a defendant after having been convicted by the court may be released subject to conditions imposed by the court. The benefits under the law extends to those sentenced to serve an imprisonment of less than 6 years’ maximum term.
In an interview with Jojo (not his real name), a detention prisoner in one of municipal jails in Cebu for violation of sections 5 (selling) and 11 (possession), the former welcomed the development on the plea bargaining. He is one of the “hopefuls” to be granted with the privilege (as he sees it) of plea bargaining. He is pleased to have met this privilege.
On the other hand, from one Fiscal’s standpoint, all plea bargaining on illegal drugs were treated under protest. The law enforcers who stand as witness and whose consent is required is with the prosecutor. With this Supreme Court ruling, the role of the prosecutor seems to have been expunged.
As a law enforcer, I don’t agree with the plea-bargaining on illegal drugs, and would want as-is status of the interpretation of the Drugs Law based on its express and unambiguous provision. For one, there is high possibility of a drug convict to relapse after serving his sentence and after his freedom reverted to him. He is likely to go back in his old ways since he knew that he will be facing lighter penalty than what his criminal acts would have earned, or in case of drug pushers, the economic benefits they are to derive from engaging in drug trade far outweighs the risk they face of committing them.
I am for pleas to be meted with corresponding penalties, and not through compromises.
PROJECT IMPLEMENTATION
On September 9, 2018, in a forum held at Brgy. Poblacion, Sogod, Cebu, drug-related issues and concerns were taken up. I was given the opportunity to raise the particular issue on plea-bargain on drugs.
ABOUT THE AUTHOR
Raymund Bacordo is a first year law student of the University of Southern Philippines.
He supports anti-illegal drugs campaign undertaken by the government.
He adheres to the balance of crime and punishment.