May 4, 2018

OCA CIRCULAR NO. 90-18

TO : All Judges and Clerks of Court of the Second Level Courts

SUBJECT : Plea Bargaining Framework in Drugs Cases

For the information and guidance of all second level courts, appended herein as
Annex "A" is the Resolution dated 10 April 2018 of the Court En Banc in Administrative
Matter No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases).
AScHCD

Strict compliance is hereby enjoined.

(SGD.) JOSE MIDAS P. MARQUEZ

Court Administrator

ANNEX A
EN BANC
[A.M. No. 18-03-16-SC. April 10, 2018.]
ADOPTION OF THE PLEA BARGAINING FRAMEWORK IN DRUGS CASES
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated APRIL 10, 2018 ,
which reads as follows:
"A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs
Cases) . — On August 15, 2017, an En Banc Decision in G.R. No. 226679 — Salvador Estipona,
Jr. vs. Hon. Frank E. Lobrigo was rendered whereby Section 23 of Republic Act No. 9165, or
the Comprehensive Dangerous Drugs Act of 2002, was declared unconstitutional for being
contrary to the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of
the 1987 Constitution;
On April 3, 2018, the Court En Banc deliberated upon and discussed Administrative
Matter No. 18-03-16-SC regarding the Suggested Plea Bargaining Framework submitted by
the Philippine Judges Association;
On April 5, 2018, Justice Diosdado M. Peralta met with the O cers of the Philippine
Judges Association, namely: Hon. Felix P. Reyes (President), Hon. Frank E. Lobrigo (Senior
Vice-President), Hon. Francisco P. Felizmenio (VP Legal), Hon. Maria Paz R. Reyes-Yson
(Secretary General), Hon. Divina Gracia L. Peliño and Hon. Racquelen A. Vasquez (Presidential
Advisers), to discuss the revisions on the plea bargaining framework, which was made
simpler and easier to understand, and addressed the concerns raised in the En Banc Agenda
of April 3, 2018;
On April 6, 2018, a revised plea bargaining framework, which is more simpli ed,
incorporated therein the suggestions of the members of the En Banc and were submitted and,
on April 10, 2018, was further deliberated upon and, thereafter, the En Banc approved the
same with modi cations containing the suggested revision of Associate Justice Presbitero J.
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 Velasco, Jr. regarding exception to probation of offenses involving illegal drug-tra cking or
pushing under Section 5 in relation to Section 24 of R.A. No. 9165, and the suggestion of
Associate Justice Teresita J. Leonardo-De Castro to make clearer the non-applicability of plea
bargaining in cases where the penalty is life imprisonment or life imprisonment to death;
NOW, THEREFORE , the Supreme Court hereby orders the adoption of the Plea
Bargaining Framework in Drugs Cases, as follows:

Offense Charged Acceptable Plea Bargain Remarks

Section Penalty Quantity Section Penalty

Section 11, par. 3. 12 years & 1 .01 gram to 4.99 Section 12. 6 months and In all instances,
Possession of day to 20 grams Possession of 1 day to 4 whether or not
Dangerous Drugs years and fine Equipment, years and a the maximum
(Where quantity of ranging from Instrument, fine ranging period of the
shabu, opium, P300,000 to Apparatus from P10,000 penalty imposed
morphine, heroin, P400,000 and Other to P50,000 is already served,
cocaine is less than Paraphernalia drug
5 grams) for Dangerous dependency test
Drugs N.B.: The shall be required.
court is given If accused
the discretion admits drug use,
to impose a or denies it but is
minimum found positive
period and a after drug
maximum dependency test,
period to be he/she shall
taken from undergo
the range of treatment and
the penalty rehabilitation for
provided by a period of not
law. A straight less than 6
penalty within months. Said
the range of 6 period shall be
months and 1 credited to
day to 1 year his/her penalty
may likewise and the period of
be imposed. his after-care
and follow-up
program if
Section 11, par. 3. 12 years and .01 gram to 299.99 Section 12. 6 months and
penalty is still
Possession of 1 day to 20 grams Possession of 1 day to 4
unserved. If
Dangerous Drugs years and fine Equipment, years and a
accused is found
(Where quantity of ranging from Instrument, fine ranging
negative for drug
marijuana is less fine from Apparatus from P10,000
use/dependency,
than 300 grams) P300,000 to and Other to P50,000
he/she will be
P400,000 Paraphernalia
released on time
for Dangerous
served,
Drugs N.B.: The otherwise,
court is given he/she will serve
the discretion
his sentence in
to impose a
jail minus the
minimum
counseling
period and a
period at
maximum
rehabilitation
period to be
center. However,
taken from
if accused
the range of applies for
the penalty
probation in
provided by
offenses
law. A straight
punishable
penalty within
under R.A. No.
the range of 6
9165, other than
months and 1
for illegal drug
day to 1 year
trafficking or
may likewise pushing under
be imposed.
Section 5 in
relation to Sec.
24 thereof, then
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 the law on
probation shall
apply.

Section 11, par. 2. 20 years to life 5 grams to 9.99 Section 11, 12 years and
Possession of imprisonment grams par. 3. 1 day to 20
Dangerous Drugs and fine Possession of years and a
(Where quantity of ranging from Dangerous fine ranging
shabu, opium, P400,000 to Drugs from
morphine, heroin, P500,000 P300,000 to
cocaine is 5 grams P400,000
or more but not
exceeding 10 N.B.: The
grams) court is given
the discretion
to impose a
minimum
period and a
maximum
period to be
taken from
the range of
the penalty
provided by
law.
10 grams and No plea
above bargaining
allowed
Section 11, par. 2. 20 years to life 300 grams to 499 Section 11, 12 years and
Possession of imprisonment grams par. 3. 1 day to 20
Dangerous Drugs and fine Possession of years and a
(Where the quantity ranging from Dangerous fine ranging
of marijuana is 300 P400,000 to Drugs from
grams or more but P500,000 P300,000 to
not exceeding 500 P400,000
grams
N.B.: The
court is given
the discretion
to impose a
minimum
period and a
maximum
period to be
taken from
the range of
the penalty
provided by
law.
500 grams and No plea
above bargaining
allowed
Section 12. 6 months and Section 15. 6 months If accused
Possession of 1 day to 4 Use of treatment and admits drug use,
Equipment, years and fine Dangerous rehabilitation or denies drug
Apparatus and ranging from Drugs use but found
Other P10,000 to positive after
Paraphernalia for P50,000 drug
Dangerous Drugs dependency test.
Undergo If accused is
counselling found negative
program at for drug
rehabilitation use/dependency
center
Section 14. Maximum Section 15. 6 months If accused
Possession of penalty in Use of treatment and admits drug use,
Equipment, Section 12 Dangerous rehabilitation or denies drug
Apparatus and Drugs use but found
Other positive after
Paraphernalia for drug
Dangerous Drugs dependency test.
during Parties, Undergo If accused is
Social Gatherings counselling found negative
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 Social Gatherings counselling found negative
or Meetings program at for drug
rehabilitation use/dependency
center

Section 5. Sale, Life .01 gram to .99 Section 12. 6 months and In all instances,
Trading, etc. of Imprisonment grams Possession of 1 day to 4 whether or not
Dangerous Drugs to Death and (methamphetamine Equipment, years and a the maximum
(Methamphetamine fine ranging hydrochloride or Instrument, fine ranging period of the
hydrochloride or from shabu only) Apparatus from P10,000 penalty imposed
shabu only) P500,000 to and Other to P50,000 is already served,
P10,000,000 Paraphernalia drug
for Dangerous dependency test
Drugs N.B.: The shall be required.
court is given If accused
the discretion admits drug use,
to impose a or denies it but is
minimum found positive
period and a after drug
maximum dependency test,
period to be he/she shall
taken from undergo
the range of treatment and
the penalty rehabilitation for
provided by a period of not
law. A straight less than 6
penalty within months. Said
the range of 6 period shall be
months and 1 credited to
day to 1 year his/her penalty
may likewise and the period of
be imposed. his after-care
and follow-up
program if
penalty is still
unserved. If
accused is found
negative for drug
use/dependency,
he/she will be
released on time
served,
otherwise,
he/she will serve
his sentence in
jail minus the
counseling
period at
rehabilitation
center. However,
if accused
applies for
probation in
offenses
punishable
under R.A. No.
9165, other than
for illegal drug
trafficking or
pushing under
Section 5 in
relation to Sec.
24 thereof, then
the law on
probation shall
apply.

1.00 gram and No plea

above bargaining
(methamphetamine allowed
hydrochloride or
shabu only)

Section 5. Sale, Life .01 gram to 9.99 Section 12. 6 months and In all instances,
Trading, etc. of
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 Trading, etc. of Imprisonment grams of marijuana Possession of 1 day to 4 whether or not
Dangerous Drugs to Death and only Equipment, years and a the maximum
(Marijuana only) fine ranging Instrument, fine ranging period of the
from Apparatus from P10,000 penalty imposed
P500,000 to and Other to P50,000 is already served,
P10,000,000 Paraphernalia drug
for Dangerous N.B.: The dependency test
Drugs court is given shall be required.
the discretion If accused
to impose a admits drug use,
minimum or denies it but is
period and a found positive
maximum after drug
period to be dependency test,
taken from he/she shall
the range of undergo
the penalty treatment and
provided by rehabilitation for
law. A straight a period of not
penalty within less than 6
the range of 6 months. Said
months and 1 period shall be
day to 1 year credited to
may likewise his/her penalty
be imposed. and the period of
his after-care
and follow-up
program if
penalty is still
unserved. If
accused is found
negative for drug
use/dependency,
he/she will be
released on time
served,
otherwise,
he/she will serve
his sentence in
jail minus the
counseling
period at
rehabilitation
center. However,
if accused
applies for
probation in
offenses
punishable
under R.A. No.
9165, other than
for illegal drug
trafficking or
pushing under
Section 5 in
relation to Sec.
24 thereof, then
the law on
probation shall
apply.
10.00 grams of No plea
marijuana only and bargain
above allowed

In all other cases where the imposable penalty is life imprisonment or life
imprisonment to death, plea bargaining is not allowed. Plea bargaining is also not allowed
under Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all other kinds of
dangerous drugs, except shabu and marijuana.
The O ce of the Court Administrator is DIRECTED to ISSUE a Circular for
dissemination to all concerned." Sereno, C.J., on leave. Del Castillo, J., on leave. Reyes, Jr., J.,
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 on official leave. (adv35) aScITE

Very truly yours,

(SGD.) EDGAR O. ARICHETA

Clerk of Court

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