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EN BANC
NOTICE
Sirs/Mesdalnes:

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June 4,2019,wttJσ tt raα ζおαsυ ゎ′
あws.・

“AoMo No.18‐ 03‐ 16‐ SC 解 Иttη ″ο ″r PJgα βαFgα li41i4g

F/α ″ι ″θ′ `f 15,2017,an
ルli4 Dr″ g Cαsι リ ーOn August “ Eη Bα Decision in
G.Ro No。 226679-Sα ′ νααο′Es″ ο4o Jr.ソ .肋 ″.Fraれ たE “ ttο br,gο was
rendered wl■ ereby Section 23 of Republic Act(R.И .)No.9165, or the
Cο ″
ηフ ″θ s′ ν
ttθ れ θDα 4gθ rο zs Drγgs Иσ ′ θ2,as amended,was declared
`/2θ
unconstitutional for being contrary to the rule― lrlalcing authority of the
Supreme Court under Scction 5o),Article VⅡ I Of the 1987 Constitution.
On April 10,2018,the Court issued a Resolution ordering the adOption of
the Plea Bargaining Framework in Drug Cases.

Meanwhile, Department Circular No. 027 dd6d June 26,2018 the

Department of Justice (Re: Amended Guidelinbq_@
Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002") similarly allows plea bargaining and provides for an
acceptable plea bargain under Sections 7 and 13, R.A. No. 9165, thus:

Offense Charsed in lnformation Acceptable Plea Bargain

Section Penalty Section Penalty
Section 7. Employees 12 yrs and l day to 20 Section 12. Possession 6 months and I day to
or Visitors of a Den, yrs and Fine from of Equiprnent, 4 years, and a Fine
Dive or Resort (Only P100k tO P500k Apparatus and Other ranging from Pl0k to
if the accused is Paraphernali4 for P50k
charged as a visitor of Dangerous Drugs
the drug den) OR
Sec. 15. Use of 6 months Rehab (1"
Dangerous Drugs offense

6 years and I day to

72 years, and a Fine
Ranging from F50k to
′ Ｖ ′

P200k (for 2rtd

offense)
′
 Notice ofResolution 2 A.M. No. 1 8-03- 16-SC
June 4,2019

Maximum Penalties Section I 1, par. 12 yrs and I day to 20

provided under Possession yrs, and a Fine from
Section I I regardless Dangerous Drugs. P300k to P400k
of quantity or purity
Gatherings :or
Meetings

(Plea bargaining is (Plea bargaining is

allowed from Section allowed where the
13 of R.A. 9165 to quantity of "shabu,"
Section ll, paragraph opium, morphine,
3 of the same statute heroin, cocaine, et al.,
where the quantity of is less than 5 grams
the drugs involved is and marijuana is less
Iess than 5 grams (in than 300 grams. If the
cases of "shabu," quantity of dangerous
opium, cocaine, etc.) drugs involved
and less than 300 exceeds the above
grams of marijuana. If quantities, no plea
the quantity of bargaining is allowed.)
dangerous drugs
involved exceeds the
above amounts, plea
bargaining is

on April 24,2019, the Philippine

Judges Association (pJA), through
its President, Hon. Judge Felix P. Reyes, wrote the Court requesting for the
inclusion of Section 7 (Employees and Visitors of a Den, Dive or Resort) and,
Section 13 (Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings) of R.A. No. 9165 to the Plea Bargaining
Framework in Drug Cases dated April 10, 2018. With the inclusion of the
said provisions to the plea bargaining framework, the PJA expects to reduce
court docket by an additional 5-10% more of drug cases and also 5-10%
more on jail decongestion.

On May 15,2019, Associate Justice Diosdado M. Peralta met with the

Officers of the PJA, namely: Hon. Felix P. Reyes, Hon. Maria Paz R. Reyes-
Yson, Hon. Divina Gracia L. Peliflo and Hon. Racquelen A. Vasquez, and
Court Administrator Jose Midas P. Marquez, to discuss and review the
Suggested Plea Bargaining Framework of the PJA:

Offense Charged Acceptable Plea Bargain Remarks

Section Penalty OuantiW Section PenalW
Section Maximum .01 gram to Section 12. 6 mos and I In all
4f. -\- penalties 4.99 grams Possession of day to [4 instances, whether
Possessio) provided Equipment, years] and fine or not the
of |-rnder
Instrument, from P10k to maximum period
tDnnoernzt.s Section I I Apparatus and P50k of the penalty
regardless Other imposed is
During of quantity Paraphernalia N.B.: The already served,
Parties, or purity for Dangerous court is given drug dependency
Social Drugs the discretion test shall be
Gatherings to impose a required. If
βＶ ′ ′ ︱

or minimum accused admits

 つＤ
Notice of Resolution A.M.No.18-03-16-SC
une 4,2019
」

Meetings period and a drug use, or

maximum denies it but is
period to be found positive
taken from the after drug
range of the dependency test,
penalty he/she shall
provided by undergo treatment
law. A straight and rehabilitation
penalty within for a period ofnot
the range of 6 less than 6
months and I months. Said
day to I year period shall be
may likewise credited to his/her
be imposed. penalty and the
period of his/her
after - care and
follow-up
program if
penalty is still
unserved. lf
accused is found
negative for drug
use/dependency,
helshe will be
released on time
served, otherwise,
he will serue his
sentence in jail
minus the
counselling
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
ielation to Sec. 24
thereof then the
law on probation

5 grams to Section I 1, 12 years and I

9.99 grams par. 3. day to 20 years
Possession of and a fine
Dangerous ranging from
Drugs P300,000 to
P400,000

N.B.: The
Court is given
the discretion
to impose a
minimum
period and a
maximum
period to be
″ γ ′

taken from the

︲
Notice of Resolution 4 A.M.No。 18-03‐ 16‐ SC
June 4,2019

range of the
penalty
provided by
Iaw.
No plea
bargaining
allowed
.01 gram to Section 12. 6 mos and 1

299 grams Possession of day to 14 instances, whether

(marijuana) Equipment, years], and a or not the
Instrument, fine from Pl0k maxinrum period
Apparatus and to P50l< of the penalty
Other imposed is
Paraphernalia N.B.: The already served,
for Dangerous court is given drug dependency
Drugs the discretion test shall be
to impose a required. If
minimum accused admits
period and a drug use, or
maximum denies it but is
period to be found positive
taken from the after drrg
range of the dependency test,
penalty he/she shall
provided by undergo treatment
law. A straight and rehabilitation
penalty within for a period ofnot
the range of 6 less than 6
months and I months. Said
day to I year period shall be
may likewise credited to his/her
be imposed. penalty and the
period of his/her
300 grams Section 11, 12 years and I after - care and
to 499 par. 3. day to 20 follow-up
grams Possession of years, and a program if
(mariiuana) Dangerous fine ranging penalty is still
Drugs from P300,000 unserved. If
to P400,000. accused is found
negative for drug
N.B.: The use/dependency,
Court is given he/she will be
the discretion released on time
to impose a served, otherwise,
minimum he will serve his
period and a sentence in jail
maximum minus the
period to be counselling
taken from the period at
range of the rehabilitation
penalty center. However,
provided by if accused applies
law. for probation in
500 grams No plea offenses
and above bargaining punishable under
(marijuana) allowed R.A. No. 9165,
other than for
illegal drug
trafficking or
pushing under
Sectiorr 5 in
relation to Sec. 24
thereof, then the
 Notice OfResolution 5 A.ヽ 4.No.18-03-16-SC
unc
」 4,2019

a
law on probation
shall apply.
／

12 years Section 6 mos and In

／

12. 1 all
and l day Possession of duy to L4 instances, whether
to 20 ycars Equipntent, years], and a or not the
and a flne fnstrument, fine from P10k maximum period
ranging Apparatus and to P50k of the penalty
from Other imposed is
畢100,000 Paraphernalia N.B.: The already served,
to for Dangerous court is given drug
＼
dependency
P500,000. Drugs the discretion test shall be
to impose a required. If
minimum accused admits
period and a drug use, or
maximum denies it but is
period to be found positive
taken fi'om the after drug
range of the dependency test,
penalty he/she shall
provided by undergo treatment
law. A straight and rehabilitation
penalty within for a period of not
tlre range of 6 less than 6
months and 1 months. Said
day to 1 year period shall . be
may Iikewise credited to his/her
be imposed. penalty and the
period of his/her
after - care and
follow-up
program if
penalty is still
tunserved. If
accused is
found
negative for drug
use/dependency,
he/she will be
released on time
served, otherwise,
he will serve his
sentence in jail
minus the
counselling
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
′＝ＶＩＩｔ

shallapolv.
 Notice of Resolution 6 A.M.No.18‐ 03‐ 16」 SC
June 4,2019

As of April 30, 2019, about Two Hundred Forty-Five Thousand Four

Hundred Forfy-Two (245,442) drug cases were filed nationwide, per record.s
of the Office of the Court Administrator, Court Management Office. About
Five Thousand Nine Hundred Seventy-Five (5,975) of such cases are for
violation of Section 13, R.A. 9165, and around Two Thousand Seven
Hundred Forty-Three (2,743) cases are for violation of Section 7, R.A. 9165,
or a total of about Eight Thousand Seven Hundred Eighteen (g,7lg) drug
cases.

Now rI#REFORE, the supreme court hereby orders the

amendment of the Plea tsargaining Framework in D*g Cases, as follows:

--\ offense Charged Acceptable Plea Bargain Remarks

Sectior\ Penalty Ouantitv Section Penalty
Section Maximum .01 gram to Section 12. 6 months
13. penalties 4.99 grarns Possession of and l day lo instances, whether
Possess provided Equipment, 4 years, and or not the
of under Instrument, a ine from maximum period of
Dα 77 Section 1l Apparatus P10,000 to the penalty
Drugs regardless and Other P50,000. imposed is already
＼ During of quantity Paraphernalia served, drug
or purity. for Dangerous IB.: The dependency test
Drugs court is shall be required. If
Gatherings given tile accused admits
or discretion to drug use, or denies
Meetings lrnpose a it but is found
minlmum positive after drug
perlod and a dependency test,
maxlrnum helshe shall
period to be undergo treatment
taken from and rehabilitation
the range of for a period of not
the penalty less than 6 months.
provided by Said period shall be
law. A credited to his/her
straight penalty and the
penalty period of his/her
within the after - care and
range of 6 follow-up program
months and if penalty is still
l day to l unserved. If
ycar may accused is found
likewise be negative for drug
lrnposed. use/dependency,
he/she will be
released on time
served, otherwise,
he/she will serve
his sentence in jail
minus the
counselling period
at rehabilitation
center. However, if
accused applies for
probation in
offenses punishable
under R.A. No.
′Ч ′ ︱

qt_€,__91hor!et&L
Notice of Resolution 7 A.Mo No.18-03‐ 16-SC
Junc 4,2019

illegal drug
trafficking or
pushing under
Section 5 in
relation to Sec. 24
thereof, then the
Iaw on probation
shall apply.
5 grams to Section 1 l, 12 ycars and
9.99 grams par. 3. l day to 20
Possession of years and a
Dangerous flne ranging
Drugs from
P300,000 tO
P400,000.

N.B.: The
Court is
given the
discretion tO
lrnpose a
minlmum
perlod and a
maxlmum
pcriod tO be
taken from
the range of
the penalty
provided by
law.
l0 grams No plea
and above bargaining
allowed
.01 gram to Section 12. 6 1nonths In a‖
299 grams Possession of and l day to instances, whether
(marijuana) Equipment, 4 years, and or not the
Instrument, a flne from maximum period of
Apparatus P10,000 to the penalty
and Other P50,000. imposed is already
Paraphernalia served, d*g
for Dangerous N.B.: The dependency test
Drugs court is shall be required. If
given the accused admits
discretion tO drug use, or denies
ll■ pose a it but is found
l■ lnlmum positive after drug
perlod and a dependency test,
maxlmum helshe shall
period to be ur,dergo treatment
taken ,Om and rehabilitation
the range of for a period of not
the penalty less than 6 months.
provided by Said period shall be
law. A credited to his/her
straight penalty and the
penalty period of his/her
within the after - care and
range of 6 follow-up program
1nonths and if penalty is still
l day t0 1 unserved. If
year may accused is found
likewise be negative for drug
ハー
ー＝ｌｔ

lrnposcd. use/dependency.
,

００
Notice of Resolution A.Mo No.18-03-16-SC
June 4,2019 イ ,

he/she will be

３
０
０
grams Section I l, 12 years and released on time

ｔ
par.

。
499 3. l day to 20 served, otherwise,
grams Possessidn of years and a he will serve his
(marijuana) Dangerous flne ranging sentence in jail
Drugs from minus the
P300,000 tO counselling period
P400,000. at rehabilitation
center. However, if
N.B.: Thc accused applies for
Court is probation In
given the offenses punishable
discretion tO under R.A. No.
lrnposc a 9165, other than for
lninllnuln illegal drug
perlod and a trafficking or
maxlmum pushing under
period tO be Section 5 in
taken from relation to Sec. 24
the range of thereof then the
the penalty law on probation
provided by shall apply.
law.
５  ａ
０
０

grams No plea
ｄ
ｎ

above bargaining
(mariiuana) allowed
Section 7. 12 years and Section 12. 6 mOnths In aH
Employees l day to 20 Possession oJ and l day tO I instances, whether
and ycars and a o,
Visitors of flne ranging
Equipment, 4 years, and
I not the
Instrument, a flne from I maximum period of
a Den, from Apparatus P10,000 tO I ttre penatty
Dive or P100,000 tO and Other P50,000. imposed is already
Resort P500,000. Paraphernalia served, drug
for Dangerous ハ[β .: The dependency test
Drugs court is shall be required. If
given the accused admits
N.B.: Plea discretlon tO drug use, or denies
bargaining is lrnpose a it but is found
allowed only minlmum positive after drug
if the person perlod and a dependency test,
is charged maxlmum he/she shall
solely under period tO be undergo treatment
Section 7, and taken from and rehabilitation
there is no the range of for a period of not I

other person/s the penalty less than 6 months.

provided by
I

charged with Said period shall be

violation of laW. A
I

to his/her
credited I

Section 6. straight penalty and tn.

Maintenance penalty period of his/her I
r

of a Den, Dive within the after - care and I

or Resort. range Of 6 follow-up p.ogru,, I

months and if penalty is stilt

unserved. If
I

l day to l I

ycar may accused is found I

likewise be negative for a.ug I

ll■ posed. use/dependency,

will
I

he/she be I

released on time I

served, otherwise, I

he will serve his

sentence in jail
I

minus
I
ハ＝ ヽ︱ ′︱ ︱

tl're I

counselline period I
Notice of Resolution 9 A.M.No.18-03-16-SC
une 4,2019
」

at rehabilitation
center. However, if
accused applies for
probation in
offenses punishable
under R.A. No.
9l65, other than for
illegal drug
trafficking or
pushing under
Section 5 in
relation to Sec. 24
thereof then the
law on probation
shallapply.

The Office of the Court Administrator is DIRECTED to ISSUE a

circular for dissemination to all concerned." caguioa and carandang, JJ.,
on official leave. (adv103)

Very truly yours,

0。 劇 CⅡ ETA
ofCourt"品
 Notice of Resolution -10¨
A.M.No.11‐ 03‐ :6‐ SC
June 4,2019

HON.D10SDADO M.PERALttA(x)
Associate」 ustlce
Supreme Cou威
合島酷ぎ 徊 習:ぽ 耀te雨 J
Spokesperson
omce ofthe President
Coutt Admlnistrator
Malacanang Palace
'HON.」 OSE MIDAS P,MARQUEZ(x) 1000」 ose P.Laurel Sr.
Deputy cOun Administrators
San Mlguel,Manla
HON・ RAUL B,Ⅵ LLANUEVA鰊
)

HOM INNY‐ 自ND賠 cottD■ 0劇 NO ω

HON.LEO丁 .:MAD‐ 陽 CAttDA"ω
背 諦 :∬ 籠 ∬ 躙 匙 ‖:3iC・
Assistant Coutt Administrators
134 Amorso10 street
HON.LILIAN BARRIBAL‐ CO(x) Legaspi vⅢ age,Makal city
HON.MARIA REGINA ADORAC10N
FILOMENA M.IGNAC10(x)
DOI.GUEVARRA●
Supreme Cou威 :[∬ 軍 ∬ 懲 1躙
)

Man‖ a
FttLIX P.REYES(reg)
President,Philippine」 udges Association
止C° Ⅲ 酬 丁Oo
RegiOnal丁 rial Coun,Branch 272 3聯 ittIIILyハ
Ma‖ kina CIy
Manlla

ATTY.DENNIS G.DAGOHOY,CPA(reg)
ACOSTA lregl.
Suile 202,2nd Floor,」 Ms Bldg,,No.88 Maya St, l記治 総 導t愚 紀:EDん
Ecoland,Davao CIy 5th Floor DOJ Agencles Bldg.
NIA Road,comer East Avenue
PROSEC∪ TOR ERWIN D.lGNIAC10(reg) l104 DI‖ manl Quezon Cly

回
omce ofthe clty PrOsecutor

「 蹴 諸
Roxas Cly

順嚇轍「
1獄
DIRECttOR GENERAL AARON N.AQUINO(reg)
Phllippine Drug Enforcement Agency Nalona1 0籠 ce
NIA Notthside Rd.,Di‖ man
Quezon Clty

S[CRETARY CAttALINO S,CUY(reg)

′Ｖノ′

DangeЮ us Drugs BOard *For

circularization
NIA Notthside Rd。 ,D‖ iman
Quezon CIy

SECREttARY FRANCISCO DUQUE‖ ￨(reg)

Depattment of Health
San Lazaro Compound,Sta Cruz
Manlla

A,M.No,18‐ 03‐ 16‐ SC

kat 6/4ノ 19(URes103)7ノ 1′ 19

18]U12猥 9

■ ￨￨‐ ￨11● ￨,■ ′゛