SC issues new guidelines on drugs’ plea bargaining

SC issues new guidelines on drugs’ plea bargaining | Daily Tribune

Recidivists or repeat drug offenders can no longer avail of plea bargaining as the Supreme Court, through the Office of the Court Administrator, issued new guidelines for all regional courts handling drug cases nationwide.

OCA Circular 340-2022 was issued after the Court en banc decision dated 26 July in G.R. 254564, 254974, A.M. 21-07-16-SC. And A.M. 18-03-16-SC provides, among others, the guidelines to be observed in plea bargaining in drug cases.

In an interview, Public Attorney's Office chief, Atty. Persida Rueda-Acosta, said the new guidelines will curb drug cases in which the accused merely avail of the plea bargaining and go scot-free with lesser penalties.

Acosta said those who have been repeating their offenses can no longer be allowed to avail of plea bargaining as it will defeat the government's campaign against illegal drugs.

"Recidivists can no longer avail of plea bargaining since there are new guidelines that should be followed by all judges handling drug cases," Acosta said.

In the latest decision, the court provides the following guidelines to be observed:

1. Offers for plea bargaining must be initiated in writing by way of a formal written motion filed by the accused in court;

2.The lesser offense to which the accused proposes to plead guilty must necessarily be included in the offense charged;

3.Upon receipt of the proposal for plea bargaining that is compliant with the provisions of the plea bargaining framework in drug cases, the judge shall order that a drug dependency assessment be administered. If the accused admits drug use or denies it but is found positive after a drug dependency test, he/she shall undergo treatment and rehabilitation for six months;

4.As a rule, plea bargaining requires the mutual agreement of the parties and remains subject to the approval of the court. Regardless of the mutual agreement of the parties and remains subject to the approval of the court.

5.Regardless of the agreement of the parties, the acceptance of the offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter addressed to the sound discretion of the court.

A two-page circular signed by Court administrator Raul B. Villanueva stated the court shall not allow plea bargaining if the objection to the plea is valid and supported by evidence that the offender is a recidivist, habitual offender, known in the community as a drug addict and a troublemaker, has undergone rehabilitation but had a relapse, or has been charged many times or when the evidence of guilt is strong.