WHAT IS PLEA BARGAINING?

It is “a process whereby the accused

and the prosecution work out a mutually
satisfactory disposition of the case
subject to court approval.”
 There is give-and-take negotiation
common in plea bargaining. The essence of
the agreement is that both the prosecution
and the defense make concessions to avoid
potential losses. Properly administered, plea
bargaining is to be encouraged because the
chief virtues of the system - speed, economy,
and finality – can benefit the accused, the
offended party, the prosecution, and the
court.
 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 grave charge.
WHEN IS PLEA BARGAINING ALLOWED?
Section 2, Rule 116 of the Rules of Court provides that:
Rule 116 – Arraignment and Plea
xxx
Section 2. Plea to a lesser offense – At arraignment, the
accused, with the consent of the offended party and the
prosecutor, may be allowed by the trial court to plead guilty
to a lesser offense which is necessarily included in the
offense charged. After arraignment but before the trial, the
accused may still be allowed to plead guilty to said lesser
offense after withdrawing his plea of not guilty. No
amendment of the complaint or information is necessary.
UNCONSTITUTIONALITY OF SECTION 22 of RA NO.
9165?
When RA No. 9165 was enacted, it was provided in
Section 23 thereof 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.
However, on August 15, 2017, the Supreme Court held
in the case of Estipona Jr vs Judge Lobrigo that Section
23 of RA No 9165 is unconstitutional for being
contrary to the rule-making authority of the Supreme
Court under the Constitution.
 On November 21, 2017, with the ruling of the
Supreme Court in Estipona vs Lobrigo, DOJ issued
Department Circular No. 061 (Guidelines on Plea
Bargaining Agreement for R.A. No. 9165 otherwise known
as the “Comprehensive Dangerous Drugs Act of 2000).
In view of the adoption by the Supreme Court of
its Plea Bargaining Framework in Drug Cases dated April
10, 2018 (A.M. No. 18-03-16-SC), there is a need to revise
the previous Guidelines on Plea Bargaining Agreements
issued under Department Circular No 61 dated November
21, 2017, hence DOJ Department Circular No. 027 was
created.
DOJ DEPARTMENT
CIRCULAR NO. 027
SERIES OF 2018
(Amended Guidelines on Plea Bargaining
Agreement for R.A. No. 9165 otherwise known as
the “Comprehensive Dangerous Drugs Act of 2002)
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 4. Life Imprisonment to Death & No Plea Bargain
Importation of Dangerous Drugs Fine from Php 500k to Php lOM Allowed

Section 4, par. 2
12 yrs & 1 day to 20 yrs and Fine No Plea Bargain
Importation of Controlled
from Php 100k to Php 500k Allowed
Precursors & Essential Chemicals

Section 4, par. 3
No Plea Bargain
Importation thru use of Maximum Penalty
Allowed
diplomatic passport, etc.

Section 4, par. 4 No Plea Bargain

Acting as Financier in Maximum Penalty Allowed
Importation

No Plea Bargain
Section 4, par. 5 12 years & 1 day to 20 years &
Allowed
Acting as "Protector/Coddler" Fine from Php 100k to Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 5 Life Imprisonment to Death & Sec. 11, par. 3 12 yrs & 1 day
Sale, Trading, etc. of Dangerous Fine from Php 500k to Php lOM Possession of Dangerous to 20 yrs and
Drugs Drugs Fine from Php
300k to Php
(Plea Bargaining is 400k
allowed only if the drugs
involved are “shabu”
and/or marijuana and
the quantity of “shabu”
is less than 5 grams and
the quantity of
marijuana is less than
300 grams

Section 5, par. 2
12 yrs & 1 day to 20 yrs and Fine
Sale, Trading, etc. of Controlled No Plea Bargain Allowed
from Php 100k to Php 500k
Precursor & Essential Chemicals
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 5, par. 3
Sale, trading, etc. takes place Maximum Penalty No Plea Bargain Allowed
within 100 meters from a school

Section 5, par. 4
Drug pushers who use minors as Maximum Penalty No Plea Bargain Allowed
couriers, etc

Section 5, par. 5
When the victim is a minor Maximum Penalty No Plea Bargain Allowed
causing the latter's death

Section 5, par. 6
Maximum Penalty No Plea Bargain Allowed
Acting as Financier

Section 5, par. 7 12 years & 1 day to 20 years &

No Plea Bargain
Acting as "Protector/Coddler" Fine from Php 100k to Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 6, par. 1 Life Imprisonment to Death & No Plea Bargain Allowed
Maintenance of Den, Dive or Fine from Php 500k to Php lOM
Resort

Where dangerous drugs are used

or sold in any form
Section 6, par. 2
Maintenance of Den, Dive or
Resort
12 yrs & 1 day to 20 yrs and Fine
No Plea Bargain
from Php 100k to Php 500k
Where Controlled Precursors and
Essential Chemicals are used or
sold

Section 6, par. 3
Where dangerous drug is sold or
Maximum Penalty No Plea Bargain Allowed
delivered to a minor and is
allowed to use it in such place
 Offense Charged in Information Acceptable Plea Bargain

Section Penalty Section Penalty

Section 6, par. 4
Death & Fine from Php IM to Php
When the use of dangerous drugs No Plea Bargain Allowed
10M imposed on owner,
in such place causes the death of
maintainer and/or operator
a person

Section 6, par. 6
No Plea Bargain Allowed
Acting as Organizer, Manager or Maximum Penalty
Financier of such place

Section 6, par. 7 12 yrs & 1 day to 20 yrs and Fine

No Plea Bargain Allowed
Acting as "Protector/Coddler" from Php 100k to Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 7 12 yrs & 1 day to 20 yrs and Fine Sec 12 6 months &
Employees or Visitors of Den, from Php 100k to Php 500k 1 day to 4
Dive or Resort Possession of Equipment, years and a
Apparatus & Other Fine
(Only if the accused is charged as Paraphernalia for Dangerous Ranging
a visitor of the drug den Drugs OR from Php
10k to Php
50k

6 months
Rehab (1st
Sec 15 offense)

Use of Dangerous Drugs 6 years & 1

day to 12
years and a
Fine ranging
from Php
50k to Php
200k (for 2nd
offense)
 Offense Charged in Information
Section
Section 8, par. 1
Manufacture of Dangerous Drugs
Section 8, par. 2
Manufacture of Controlled
Precursors and Essential
Chemicals
Section 8, par. 4
Acting as Financier
Section 8, par. 5
Acting as "Protector/Coddler"
Section 9
Illegal Chemical Diversion of
Controlled Precursors and
Essential Chemicals
Acceptable Plea Bargain
Penalty Section Penalty
Life Imprisonment to Death &
No Plea Bargain Allowed
Fine from Php 500k to Php 10M
12 yrs & 1 day to 20 yrs and Fine
No Plea Bargain
from Php 100k to Php 500k
Maximum Penalty No Plea Bargain Allowed
12 yrs & 1 day to 20 yrs and Fine
No Plea Bargain
from Php 100k to Php 500k
12 yrs & 1 day to 20 yrs and Fine
No Plea Bargain Allowed
from Php 100k to Php 500k
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 10, par. 1
Manufacture or Delivery of
Equipment, Instruments,
Apparatus and Other
Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals 12 yrs & 1 day to 20 yrs and Fine
No Plea Bargain
from Php 100k to Php 500k
(used to plant, propagate,
cultivate, grow, harvest, etc any
dangerous drug, controlled
precursor & essential chemical

Section 10, par. 2

If paraphernalia manufactured 6 months & 1 day to 4 years and
or delivered will be used to fine ranging from Php 10k to Php No Plea Bargain
Introduce a dangerous drug In 50k
the human body
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 10, par. 3
If a minor is used to deliver such
equipment, instrument, Maximum Penalty No Plea Bargain Allowed
paraphernalia, etc.

Section 11
Possession of Dangerous Drugs
(Where quantity of shabu is 50
grams or more; opium, morphine, Life Imprisonment to Death & No Plea Bargain Allowed
heroin, cocaine and marijuana Fine from Php 500k to Php l0M
resin is 10 grams or more;
marijuana is 500 grams or more

Section 11, Par. 1

Possession of Dangerous Drugs
Life Imprisonment & Fine from
(Where quantity of shabu is 10 No Plea Bargain Allowed
Php 400k to Php 500k
grams or more but less than 50
grams
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 11, par. 2
Possession of Dangerous Drugs
(Where quantity of shabu, opium,
morphine, heroin, cocaine, et. al 20 yrs and 1 day to Life
No Plea Bargain Allowed
is 5 grams or more but less than Imprisonment & Fine from Php
10 grams; 300 grams or more but 400k to Php 500k
less than 500 grams of marijuana)

Section 11, par. 3 12 yrs & 1 day to 20 yrs and Fine Sec. 12 6 months & 1
Possession of Dangerous Drugs from Php 300k to Php 400k day to 4 years
Possession of Equipment, and a Fine
(Where quantity of “shabu”, Apparatus & Other Ranging from
opium, morphine, heroin, Paraphernalia for Php 10k to Php
cocaine, et. al is less than 5 Dangerous Drugs 50k
grams; marijuana is less than 300
grams)
 Offense Charged in Information Acceptable Plea Bargain

Section Penalty Section Penalty

Section 12 6 months & 1 day to 4 years and Section 15 6 months

Possession of Equipment, a Fine Ranging from Php 10k to Use of Dangerous Drugs Rehab (1st
Apparatus & Other Paraphernalia Php 50k offense)
for Dangerous Drugs (An alternative is to
allow the accused to 6 months & 1
change his plea to day to 4 years
“guilty” and avail of the and a Fine
mitigating circumstance ranging from
of voluntary plea of guilt) Php 50k to Php
200k (for 2nd
offense)
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 13 Maximum Penalties provided Section 11, par. 3 12 yrs & 1 day
Possession of Dangerous Drugs under Section 11 regardless of to 20 yrs and
During Parties, Social Gatherings quantity or purity Possession of Dangerous Fine from 300k
or Meetings Drugs to Php 400k

(Plea bargaining is allowed from (Plea bargaining is

Section 13 of Republic Act No allowed where the
9165 to Section 11, paragraph 3 quantity of “shabu”,
of the same statute where the opium, morphine,
quantity of dangerous drugs heroin, cocaine, et. al is
involved is less than 5 grams (In less than 5 grams and
cases of “shabu”, opium, cocaine, marijuana is less than
etc.) and less than 300 grams of 300 grams. If the
marijuana. If the quantity of quantity of dangerous
dangerous drugs involved exceeds drugs involved exceeds
the above amounts, plea the above quantities, no
bargaining is prohibited.) plea bargaining is
allowed.)
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 14 Section 15 6 mos. Rehab
Possession of Equipment, Use of Dangerous Drugs for 1st offense;
Apparatus & Other Paraphernalia 6 yrs & 1 day
for Dangerous Drugs During Maximum Penalty provided under to 12 yrs &
Parties, Social Gatherings or Section 12 fine from Php
Meetings 50k to Php
200k for 2nd
offense
Section 15
Use of Dangerous Drugs 6 mos. Rehab for 1st offense; 6
yrs & 1 day to 12 yrs & fine from
No Plea Bargain
Php 50k to Php 200k for 2nd
offense

Section 16, par. 1

Cultivating or Culture of Plants
Classified as Dangerous Drugs or Life Imprisonment to Death and
No Plea Bargain
are Sources thereof Fine from Php 500k to Php l0M
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 16, par. 3
Maximum Penalty No Plea Bargain Allowed
Acting as Financier

Section 16, par. 4 12 yrs & 1 day to 20 yrs and Fine No Plea Bargain
Acting as "Protector/Coddler" from Php 100k to Php 500k

Section 17
Maintenance and Keeping of
Original Records of Transactions 1 yr. and 1 day to 6 yrs, and Fine No Plea Bargain
on Dangerous Drugs and/or from Php 10k to Php 50k
Controlled Precursors & Essential
Chemicals

12 yrs and 1 day to 20 yrs & fine

Section 18
from Php 100k to Php 500k with
Unnecessary Prescription of No Plea Bargain
revocation of license of
Dangerous Drugs
practitioner
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty

Section 19
Life Imprisonment to Death & No Plea Bargain Allowed
Unlawful Prescription of
Fine from Php 500k to Php l0M
Dangerous Drugs

Penalty Provided in Previous

Sections for Importation, Sale,
Section 26
Maintenance of Den, No Plea Bargain Allowed
Attempt or Conspiracy
Manufacture & Cultivation of
Dangerous Drugs

Section 27
Criminal Liability of Public
Officer or Employee for Life Imprisonment to Death and
No Plea Bargain Allowed
Misappropriation, Misapplication Fine from Php 500k to Php l0M
or Failure to Account for
Confiscated Dangerous Drugs, etc.
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 29
Planting of Evidence Death No Plea Bargain Allowed

Section 32
Liability of Person Violating any
Regulation issued by the
Dangerous Drugs Board
6 mos. & 1 day to 4 yrs and fine
No Plea Bargain
from Php 10k to Php 50k

Section 37
Issuance of False or Fraudulent 6 yrs and 1 day to 12 yrs & fine No Plea Bargain
Drug Test Results from Php 100k to Php 500k

Section 72
Liability of Person who violates
6 mos. and 1 day to 6 yrs and
the Confidentiality of Records (of No Plea Bargain
fine from Php 1k to Php 6k
drug dependent under voluntary
submission program)
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 91, par. 1 12 yrs and 1 day to 20 yrs and Section 91, par. 2 2 mos. and 1
Responsibility & Liability of Law fine of not less than Php 500k day but not
Enforcement Agencies and other Liability of Immediate more than 6
Government Officials and Superior if he failed to yrs and fine of
Employees in Testifying as exert reasonable effort not less than
Prosecution Witnesses in to present witness to Php 10k but
Dangerous Drugs Cases court not more than
Php 50k

Section 91, par. 2 2 mos. and 1 day but not more

Liability of Immediate Superior if than 6 yrs and fine of not less
No Plea Bargain
he failed to exert reasonable than Php 10k but not more than
effort to present witness to court Php 50k
 Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty

Section 91, par. 3

2 mos. and 1 day but not more
Failure of Immediate Superior to
than 6 yrs and fine of not less
Inform Court of Transfer or Re- No Plea Bargain
than Php 10k but not more than
Assignment of Accused Law
Php 50k
Enforcement Agent

Section 92 12 yrs and 1 day to 20 yrs

Delay and Bungling In the without prejudice to further No Plea Bargain Allowed
Prosecution of Drug Cases prosecution under the RPC
 On April 6, 2018, a revised plea bargaining framework,
which is more simplified, 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 modifications containing the suggested
revision of Associate Justice Presbitero J Velasco, Jr. regarding
exception to probation of offenses involving illegal drug-trafficking
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. The court En Banc issued a Resolution
dated April 10, 2018, “A.M. No. 18-03-16-SC (Adoption of the
Plea Bargaining Framework in Drug Cases.)
 AM No. 18-03-16-
SC
(Adoption of the Plea
Bargaining Framework in Drug
Cases)
Offense Charged in Information Acceptable Plea Remarks
Bargain
Section Penalty Quantity Section Penalty
In all instances whether or not
Section 5 Life .01 gram to .99 Section 12 6 months & 1 the maximum period of the
Imprisonment grams day to 4 years penalty imposed is already
served, drug dependency test
Sale, Trading, etc. of to Death & Fine (Methamphetam Possession of and a Fine shall be required. If accused
admits drug use, or denies it
Dangerous Drugs ranging from ine Equipment, ranging from but is found positive after
drug dependency test, he/she
(Methamphetamine Php 500,000 to hydrochloride Instrument, Php10,000 to shall undergo treatment &
rehabilitation for a period of
hydrochloride or Php l0,000,000 or shabu only Apparatus & Php50,000 not less than 6 months. Said
period shall be credited to
shabu only) Other his/her penalty & the period
of his alter-care & follow-up
Paraphernalia N.B. The court is program is penalty is still
given the discretion unserved. If accused is found
for Dangerous to impose a negative for drug
use/dependency, he/she will
Drugs minimum period & a be released on time served,
otherwise, he/she will serve
maximum period to his sentence in jail minus the
be taken from the counselling period at
rehabilitation center.
range of the penalty However, if accused applies
provided by law. A
1.00 gram and No plea straight penalty
for probation in offenses
punishable under R.A. No.
above(Methamp bargaining within the range of
9165, other than for illegal
drug trafficking or pushing
hetamine allowed 6 months & 1 day to under Section 5 in relation to
Sec 24 thereof, then the law
hydrochloride 1 year may likewise on probation shall apply.
be imposed.
or shabu only
 Acceptable Plea
Offense Charged in Information Remarks
Bargain
Section Penalty Quantity Section Penalty
In all instances whether or not
Section 5 Life .01 gram to Section 12 6 months & 1 the maximum period of the
Imprisonment to 9.99 grams of Possession of day to 4 years penalty imposed is already
served, drug dependency test
Sale, Trading, etc. of Death & Fine marijuana Equipment, and a fine shall be required. If accused
admits drug use, or denies it
Dangerous Drugs ranging from only Instrument, ranging from but is found positive after drug
dependency test, he/she shall
(Marijuana only) Php 500,000 to Apparatus & Php 10,000 to undergo treatment
rehabilitation for a period of
&

Php l0,000,000 Other Php 50,000 not less than 6 months. Said
period shall be credited to
Paraphernalia for his/her penalty & the period
of his alter-care & follow-up
Dangerous Drugs N.B. The court is program is penalty is still
given the discretion unserved. If accused is found
negative for drug
to impose a use/dependency, he/she will
minimum period & a be released on time served,
otherwise, he/she will serve
maximum period to his sentence in jail minus the
be taken from the counselling period at
rehabilitation center.
range of the penalty However, if accused applies
provided by law. A for probation in offenses
punishable under R.A. No.
straight penalty 9165, other than for illegal
within the range of drug trafficking or pushing
10.00 grams No plea bargain 6 months & 1 day to under Section 5 in relation to
Sec 24 thereof, then the law
of marijuana allowed 1 year may likewise on probation shall apply.
only and be imposed.
above
 Offense Charged in Information Acceptable Plea
Remarks
Bargain

Section Penalty Quantity Section Penalty

Section 11, par. 2 20 yrs to Life 5 grams to 9.99 Section 11, par. 3 12 years and
imprisonment & grams 1 day to 20
Possession of fine ranging Possession of years and a
Dangerous Drugs from Php Dangerous Drugs fine ranging
(Where quantity of 400,000 to Php from 300k to
shabu, opium, 500,000 400k.
morphine, heroin,
N.B. The court
cocaine is 5 grams or
is given the
more but not discretion to
exceeding 10 grams) impose a
minimum
period & a
maximum
period to be
10 grams and No plea bargaining taken from the
range of the
above allowed penalty
provided by
law.
 Acceptable Plea
Offense Charged in Information Remarks
Bargain
Section Penalty Quantity Section Penalty
Section 11, par. 2 20 yrs to Life 300 grams to Section 11, par. 3 12 years and 1
Imprisonment 499 grams day to 20 years
Possession of & Fine Possession of and a fine
Dangerous Drugs ranging from Dangerous Drugs ranging from
(Where the quantity Php 400,000 300,000 to
of marijuana is 300 to Php 400,000
grams or more but not 500,000
exceeding 500 grams N.B. The court
is given the
discretion to
impose a
minimum period
& a maximum
period to be
taken from the
500 grams and No plea bargaining range of the
above allowed penalty
provided by law.
 Acceptable Plea
Offense Charged in Information Remarks
Bargain
Section Penalty Quantity Section Penalty
In all instances whether or not
Section 11, par. 3 12 yrs & 1 day .01 gram to Section 12 6 months & 1 the maximum period of the
to 20 yrs and 4.99 grams day to 4 years penalty imposed is already
served, drug dependency test
Possession of Fine ranging Possession of and a Fine shall be required. If accused
admits drug use, or denies it but
Dangerous Drugs from Php Equipment, Ranging from is found positive after drug
dependency test, he/she shall
(Where quantity of 300,000 to Instrument, Php 10,000 to undergo treatment
rehabilitation for a period of not
&

"shabu", opium, Php 400,000 Apparatus & Other Php 50,000 less than 6 months. Said period
shall be credited to his/her
morphine, heroin, Paraphernalia for penalty & the period of his
N.B. The court is alter-care & follow-up program
cocaine is less than 5 Dangerous Drugs is penalty is still unserved. If
given the discretion accused is found negative for
grams) to impose a drug use/dependency, he/she
will be released on time served,
minimum period & a otherwise, he/she will serve his
maximum period to sentence in jail minus the
counselling period at
be taken from the rehabilitation center. However,
range of the penalty if accused applies for probation
in offenses punishable under
provided by law. A R.A. No. 9165, other than for
straight penalty illegal drug trafficking or pushing
under Section 5 in relation to
within the range of Sec 24 thereof, then the law on
6 months & 1 day to probation shall apply.
1 year may likewise
be imposed.
 Acceptable Plea
Offense Charged in Information Remarks
Bargain

Section Penalty Quantity Section Penalty

In all instances whether or
Section 11, par. 3 12 yrs & 1 day .01 gram to Section 12 6 months & 1 not the maximum period of
to 20 yrs and 299.99 grams day to 4 years the penalty imposed is
already served, drug
Possession of fine ranging Possession of and a fine dependency test shall be
required. If accused admits
Dangerous Drugs from Php Equipment, ranging from drug use, or denies it but is
found positive after drug
(Where quantity of 300,000 to Instrument, Php10,000 to dependency test, he/she shall
undergo treatment &
“marijuana is less Php 400,000 Apparatus & Php50,000 rehabilitation for a period of
not less than 6 months. Said
than 300 grams) Other period shall be credited to
N.B. The court is his/her penalty & the period
Paraphernalia for of his alter-care & follow-up
given the discretion program is penalty is still
Dangerous Drugs to impose a unserved. If accused is found
negative for drug
minimum period & a use/dependency, he/she will
maximum period to be released on time served,
otherwise, he/she will serve
be taken from the his sentence in jail minus the
range of the penalty counselling period at
rehabilitation center.
provided by law. A However, if accused applies
straight penalty for probation in offenses
punishable under R.A. No.
within the range of 9165, other than for illegal
6 months & 1 day to drug trafficking or pushing
under Section 5 in relation to
1 year may likewise Sec 24 thereof, then the law
be imposed. on probation shall apply.
 Acceptable Plea
Offense Charged in Information Remarks
Bargain
Section Penalty Quantity Section Penalty
Section 12 6 months & 1 Section 15 6 months If accused
day to 4 years treatment and admits drug
Possession of and a Fine Use of rehabilitation use, or denies
Equipment, Ranging from Dangerous Drugs drug use but
Apparatus & Other Php 10,000 to found positive
Paraphernalia for Php 50,000 after drug
Dangerous Drugs dependency
test.

Undergo If accused is
counselling found negative
program at for drug use/
rehabilitation dependency
center
 Acceptable Plea
Offense Charged in Information Remarks
Bargain
Section Penalty Quantity Section Penalty
Section 14 Maximum Section 15 6 months If accused
penalty in treatment and admits drug
Possession of Section 12 Use of rehabilitation use, or denies
Equipment, Dangerous Drugs drug use but
Apparatus & Other found positive
Paraphernalia for after drug
Dangerous Drugs dependency
During Parties, test.
Social Gatherings or
Meetings

Undergo If accused is
counselling found negative
program at for drug use/
rehabilitation dependency
center
 DOJ Circular No.
027 series of 2018
& AM No. 18-03-16-
SC
 Department Circular No. 027 A.M. No. 18-03-18
Offense Charged in Acceptable Plea Acceptable Plea Remarks
Offense Charged in Information
Information Bargain Bargain
Section Penalty Section Penalty Section Penalty Quantity Section Penalty
In all instances whether
Section 5 Life Section 12 yrs Section 5 Life .01 gram Section 12 6 months & or not the maximum

Imprisonm 11, par. & 1 day Imprisonm to 9.99 Possession 1 day to 4 period of the penalty
imposed is already

3 of years and a served, drug

Sale, ent to to 20 Sale, Trading, ent to grams of fine ranging
dependency test shall
be required. If accused
Possession Equipment,
Trading, Death & of yrs & etc. of Death & marijuan from Php
admits drug use, or
denies it but is found

etc. of Fine from Dangerous fine Dangerous Fine a only Instrument, 10k to Php
positive
dependency
after drug
test,

Dangerous Php 500k Drugs

from Drugs ranging Apparatus & 50k
he/she shall undergo
treatment &
(Plea Other rehabilitation for a
Drugs to Php l0M bargaining Php300 (Marijuana from Php N.B. The court
period of not less than

Paraphernal 6 months. Said period

is allowed k to only 500k to is given the shall be credited to
his/her penalty & the
only if the ia for discretion to period of his alter-care

drugs Php Php l0M Dangerous impose a & follow-up program is

penalty is still
involved 400k Drugs
minimum
period & a
unserved. If accused is
found negative for drug
are “shabu” use/dependency,
maximum he/she will be released
and/or
period to be on time served,
marijuana otherwise, he/she will
taken from the serve his sentence in
& the range of the jail minus the
quantity of counselling period at

“shabu” is 10.00 No plea penalty rehabilitation center.

provided by However, if accused
less than 5 grams of bargain law. A straight
applies for probation in
offenses punishable
grams & the
quantity of
marijuan allowed penalty within
the range of 6
under R.A. No. 9165,
other than for illegal
drug trafficking or
marijuana a only months & 1 day pushing under under
Section 5 in relation to
to 1 year may
is less than and likewise be
Sec 24 thereof, then
the law on probation
300 grams)
above imposed. shall apply.
 DEPARTMENT CIRCULAR NO. 027 A.M. No. 18-03-18
Offense Charged in Acceptable Plea Acceptable Plea
Offense Charged in Information Remarks
Information Bargain Bargain
Section Penalty Section Penalty Section Penalty Quantity Section Penalty
In all instances
Section 5 Life Section 12 yrs & Section 5 Life .01 gram Section 6 months & whether or not the

Sale, Imprisonm 11, par. 1 day to Imprisonm to .99 12 1 day to 4 maximum period of the
penalty imposed is
years and a already served, drug
Trading, ent to 3 20 yrs & Sale, Trading, ent to grams Possession Fine Ranging
dependency test shall
be required. If accused

etc. of Death & Possession

of
fine etc. of Death & (Methamp of from Php
admits drug use, or
denies it but is found

Dangerous Fine from Dangerous from Dangerous fine hetamine Equipment 10k to Php
positive
dependency
after drug
test,

Drugs Php 500k Drugs Php300k Drugs ranging hydrochlo , 50k

he/she shall undergo
treatment &
rehabilitation for a
to Php l0M (Plea to Php (Methamphet from Php ride or Instrument period of not less than
N.B. The court 6 months. Said period
bargaining Apparatus
is allowed 400k amine 500k to shabu only is given the shall be credited to
his/her penalty & the
& Other discretion to period of his alter-care
only if the hydrochloride Php l0M impose a & follow-up program is

drugs Paraphern minimum period

penalty is still
or shabu unserved. If accused is
involved alia for & a maximum found negative for drug

are only) Dangerous

period to be use/dependency,
he/she will be released
taken from the on time served,
“shabu” range of the
Drugs otherwise, he/she will
serve his sentence in
and/or penalty provided jail minus the
marijuana by law. A counselling period at
1.00 gram No plea straight penalty rehabilitation center.
& the within the range
However, if accused
and bargaining
applies for probation in
quantity of of 6 months & 1 offenses punishable
above(Metha under R.A. No. 9165,
“shabu” is allowed day to 1 year other than for illegal
mphetamine may likewise be
less than 5 drug trafficking or
hydrochloride imposed. pushing under under
grams & Section 5 in relation to
or shabu only Sec 24 thereof, then
the the law on probation
shall apply.
quantity of
marijuana
is less than
300 grams)
 DEPARTMENT CIRCULAR NO. 027 A.M. No. 18-03-18

Offense Charged in Acceptable Plea Acceptable Plea

Offense Charged in Information Remarks
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

Section 20 yrs No Plea Section 11, 20 yrs to 5 grams Section 11, 12 years
11, par. 2 and 1 day Bargain par. 2 Life to 9.99 par. 3 and 1 day
Possession to Life Allowed Imprisonm grams to 20
of Imprison Possession of ent & fine Possession years and
Dangerous ment & Dangerous ranging a fine
of
Drugs Fine from Drugs (Where from Php ranging
((Where Php 400k quantity of 400k to Dangerous from 300k
quantity of to Php shabu, opium, Php 500k Drugs to 400k.
shabu, 500k morphine,
opium, N.B. The
morphine,
heroin, cocaine
court is given
heroin, is 5 grams or the discretion
cocaine, et. more but not to impose a
minimum
al is 5 grams exceeding 10
period & a
or more but grams) maximum
less than 10 period to be
grams; 300 taken from
grams or 10 grams No plea the range of
more but the penalty
and above bargaining provided by
less than 500
allowed law.
grams of
 Department Circular No. 027 A.M. No. 18-03-18

Offense Charged in Acceptable Plea Acceptable Plea

Offense Charged in Information Remarks
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

Section 20 yrs No Plea Section 11, 20 yrs to 300 grams Section 11, 12 years
11, par. 2 and 1 Bargain par. 2 Life to 499 par. 3 and 1 day to
Possession day to Allowed Possession of Imprison grams 20 years
of Life and a fine
Dangerous ment & Possession
Dangerous Imprison ranging
Drugs (Where fine of from 300k
Drugs ment & the quantity ranging Dangerous
((Where to 400k.
Fine
quantity of of marijuana is from Php Drugs
from Php N.B. The court
shabu, 300 grams or 400k to
400k to is given the
opium,
Php 500k
more but not Php 500k discretion to
morphine, exceeding 500 impose a
heroin, minimum
grams period & a
cocaine, et.
maximum
al is 5 grams period to be
or more but taken from the
less than 10 range of the
grams; 300 500 grams No plea penalty
grams or provided by
and above bargaining law.
more but allowed
less than
500 grams of
marijuana)
 DEPARTMENT CIRCULAR NO. 027 A.M. NO. 18-03-18
Offense Charged in Acceptable Plea Acceptable Plea Remarks
Offense Charged in Information
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

In all instances whether
Section 12 yrs & Sec. 12 6 months Section 11, 12 yrs & .01 gram Section 12 6 months or not the maximum
period of the penalty
11, par. 3 1 day to & 1 day par. 3 1 day to to 4.99 Possession of & 1 day to imposed is already
served, drug dependency
Possession 20 yrs Possessi to 4 Possession of 20 yrs grams Equipment, 4 years test shall be required. If
accused admits drug use,

of and Fine on of years and Dangerous and Fine Instrument, and a Fine or denies it but is found
positive after drug

Dangerous from Equipme a Fine Drugs (Where ranging Apparatus & Ranging dependency test, he/she
shall undergo treatment

Drugs Php nt, Ranging quantity of from Php Other from Php & rehabilitation for a
period of not less than 6

(Where Apparat from Php 10k to Php months. Said period shall
300k to "shabu", 300k to Paraphernali be credited to his/her

quantity of us & 10k to 50k penalty & the period of

Php opium, Php 400k a for his alter-care & follow-

up program is penalty is

“shabu”, Other Php 50k still unserved. If accused

400k morphine, Dangerous N.B. The court is found negative for drug

opium, Paraphe is given the use/dependency, he/she

heroin, Drugs discretion to
will be released on time

morphine, rnalia served, otherwise, he/she

for
cocaine is impose
minimum period
a will serve his sentence in
jail minus the counselling
heroin, less than 5 & a maximum
period at rehabilitation

cocaine, et. Dangero period to be

center.
accused
However, if
applies for

us Drugs grams) taken from the

probation in offenses
al is less range of the
punishable under R.A. No.
9165, other than for
than 5 penalty provided
illegal drug trafficking or
pushing under Section 5 in
by law. A
grams; straight penalty
relation to Sec
thereof, then the law on
24

marijuana within the range probation shall apply.

of 6 months & 1
is less than day to 1 year
300 grams) may likewise be
imposed.
 DEPARTMENT CIRCULAR NO. 027 A.M. NO. 18-03-18
Offense Charged in Acceptable Plea Acceptable Plea Remarks
Offense Charged in Information
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

In all instances whether
Section 12 yrs & Sec. 12 6 months Section 11, 12 yrs & .01 gram Section 12 6 months or not the maximum
period of the penalty
11, par. 3 1 day to & 1 day par. 3 1 day to to 299.99 Possession of & 1 day to imposed is already
served, drug dependency
Possession 20 yrs Possessi to 4 Possession of 20 yrs grams Equipment, 4 years test shall be required. If
accused admits drug use,

of and Fine on of years and Dangerous and Fine Instrument, and a Fine or denies it but is found
positive after drug

Dangerous from Equipme a Fine Drugs (Where ranging Apparatus & Ranging dependency test, he/she
shall undergo treatment

Drugs Php nt, Ranging quantity of from Php Other from Php & rehabilitation for a
period of not less than 6

(Where Apparat from Php “marijuana is 10k to Php months. Said period shall
300k to 300k to Paraphernali be credited to his/her

quantity of us & 10k to less than 300 50k penalty & the period of

Php Php 400k a for his alter-care & follow-

up program is penalty is

“shabu”, Other Php 50k grams) still unserved. If accused

400k Dangerous N.B. The court is found negative for drug

opium, Paraphe is given the use/dependency, he/she

Drugs discretion to
will be released on time

morphine, rnalia impose a

served, otherwise, he/she
will serve his sentence in

heroin, for minimum period jail minus the counselling

period at rehabilitation
& a maximum
cocaine, et. Dangero period to be
center.
accused
However, if
applies for
probation in offenses
al is less us Drugs taken from the punishable under R.A. No.
range of the 9165, other than for
than 5 penalty provided
illegal drug trafficking or
pushing under Section 5 in
by law. A
grams; straight penalty
relation to Sec
thereof, then the law on
24

marijuana within the range probation shall apply.

of 6 months & 1
is less than day to 1 year
300 grams) may likewise be
imposed.
 DEPARTMENT CIRCULAR NO. 027 A.M. No. 18-03-18

Offense Charged in Acceptable Plea Acceptable Plea

Offense Charged in Information Remarks
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

Section 12 6 months Section 6 Section 12 6 months Section 6 months If accused

& 1 day 15 months & 1 day to 15 treatment admits
Possession to 4 Use of Rehab Possession of 4 years and drug use,
of years Dangerou (1st Equipment, and a fine Use of rehabilita or denies
Equipment, and a s Drugs offense) Apparatus & ranging Dangerous tion drug use
Apparatus Fine Other from Php Drugs but found
(An 6
& Other Ranging alternative Paraphernali 10k to Php positive
months
Parapherna from Php is to allow a for 50k after drug
& 1 day
lia for 10k to the
to 4
Dangerous dependen
Dangerous Php 50k accused to Drugs cy test.
change his years
Drugs and a
plea to
“guilty” Fine
and avail ranging Undergo If accused is
of the from Php
mitigating counselling found
50k to program at negative for
circumstan
ce of
Php 200k rehabilitat drug use/
voluntary (for 2nd ion center dependency
plea of offense)
 DEPARTMENT CIRCULAR NO. 027 A.M. No. 18-03-18

Offense Charged in Acceptable Plea Acceptable Plea

Offense Charged in Information Remarks
Information Bargain Bargain

Section Penalty Section Penalty Section Penalty Quantity Section Penalty

Section 14 Maximu Section 6 mos. Section 14 Maximum Section 6 months If accused

Possession m 15 Rehab Penalty 15 treatment admits
of Penalty for 1st Possession in Section and drug use, or
denies drug
Equipment provide Use of offense; of 12 Use of rehabilitat
use but
, d under Danger 6 yrs & 1 Equipment, Danger ion found
Apparatus Section ous day to Apparatus ous positive
& Other 12 Drugs 12 yrs & & Other Drugs after drug
Parapherna fine Paraphernal dependency
lia for from Php ia for test.
Dangerous 50k to Dangerous
Drugs Php 200k Drugs
During for 2nd During Undergo If accused is
Parties, offense Parties, counselling found
Social Social program at negative
Gatherings Gatherings rehabilitati for drug
or or Meetings on center use/
Meetings dependency
IN CONSENTING TO THE PLEA BARGAIN OF THE
ACCUSED IN DRUG CASES, THE FOLLOWING SHALL BE
OBSERVED provided in DIDM INVESTIGATIVE
DIRECTIVE NO. 2018-20:
1. Consent by the arresting officer may only be given if the
plea bargaining of a criminal case involving specific
violation of R.A. 9165 is allowed under DOJ Circular
No. 027 series of 2018 and AM No. 18-03-16-SC.

2. In case of conflict between DOJ Circular 027 series of

2018 and AM No. 18-03-16-SC, the latter shall govern
and be observed.
3. If the plea bargaining of a criminal case involving
specific violation of RA 9165 is allowed under DOJ
Circular 027 series of 2018 and AM No. 18-03-16-SC,
the following shall be observed:
a. Before attending Arraignment of a criminal case involving violation
of RA 9165, the Arresting Officer must seek guidance and
written clearance from the concerned Chief of Police (COP)
/Station Commander or Provincial Officer/Chief for National
Operational Support Units *NOSUs) whether consent will be
given if the accused desires to enter a plea of guilty to a lesser
offense. If the case was handled by a Special Task Group/Force
(STGF), the arresting officer must seek guidance and clearance
from the head of the said STGF.
b. In determining whether or not the aforesaid clearance may be
given, the following shall be considered, among others:

(1) Availability of pieces of evidence

(2) Strength of available pieces of evidence; and
(3) Personality/Background of the accused.

c. Prior consultation with the handling prosecutor is necessary and

mandatory to determine the appropriateness of entering into plea
bargaining. The opinion of the handling prosecutor must be afforded
with great weight and respect unless there are compelling reasons to
disagree with the plea bargaining agreement offered by the accused
PNP Legal Officers shall also be consulted about the same.
d. Both the arresting officer who will give consent and the PNP
personnel who will give written clearance must execute a
certification under oath that the aforesaid prior consultation was
made.

e. If the case for violation of RA 9165 was subjected to plea bargaining

the Case Information Database Management System (CIDMS) must
be updated accordingly by the Investigator on Case (IOC) for
efficient monitoring of the case records and report generation.
Copy of the written clearance, certification under oath that prior
consultation was made, and the resolution of the Court must also
be uploaded in the CIDMS for reference.