DOJ Updates Plea Bargaining Guidelines for Drug Cases
The Department of Justice (DOJ) revisited the guidelines in approving and denying plea bargaining proposals as outlined in the Revised Amended Guidelines on Plea Bargaining for Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165) issued under Department Circular No. 18 (D.C. 18) dated 10 May 2022.
In line with its adherence to restorative justice, the DOJ updated the aforementioned guidelines through the Clarificatory Guidelines on Plea Bargaining for the Comprehensive Dangerous Drugs Act of 2002.
Among the notable changes are:
1. Plea bargain is allowed when the offense charged is Sale, Trading, etc. of Dangerous Drugs under Section 5 involving methamphetamine hydrochloride or shabu only. The previous guidelines did not specify that such offense should involve a specific prohibited or regulated drug. The acceptable plea bargain for the aforementioned offense is Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12.
2. No plea bargaining is allowed when the offense charged is Possession of Dangerous Drugs under Section 11, par. 1, where the quantity of shabu, opium, morphine, heroin, cocaine is 10 grams and above; marijuana is 500 grams and above. The previous guidelines only specified that no plea bargaining is allowed where the quantity of shabu is 10 grams or more but less than 50 grams.
3. When the offense charged is Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings, another acceptable plea bargain is allowed for Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs under Section 12. The latter has a lower penalty of 6 months and 1 day to 4 years and Fine from P10,000 to P50,000, compared to the other acceptable plea bargain for the same offense, Possession of Dangerous Drugs under Section 11, par. 3, which is 12 years and 1 day to 20 years and Fine from P300,000 to P400,000.
The updated guidelines are as follows:
|
Offense Charged in Information |
Acceptable Plea Bargain | ||
|
Section |
Penalty | Section | Penalty |
|
Section 4 Importation of Dangerous Drugs
|
Life Imprisonment to Death & Fine from P500,000 to P10,000,000 | No Plea Bargain Allowed | |
|
Section 4, par. 2 Importation of Controlled Precursors and Essential Chemicals
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Sec. 4, par. 3 Importation through Use of Diplomatic Passport etc
|
Maximum Penalty |
No Plea Bargain Allowed |
|
|
Section 4, par. 4 Acting as Financier in Importation
|
Maximum Penalty |
No Plea Bargain Allowed |
|
|
Section 4, par. 5 Acting as Protector/Coddler
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000 |
No Plea Bargain Allowed |
|
|
Section 5 Sale, Trading, etc. of Dangerous Drugs (Methamphetamine hydrochloride or shabu only) |
Life Imprisonment to Death and Fine from P500,000 to P10,000,000 | Section 12
Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs (Where quantity of shabu is .01 gram to .99 grams; marijuana is .01 gram to 9.99 grams)
No Plea Bargain Allowed (Where quantity of shabu is 1.00 gram and above; marijuana is 10.00 grams and above)
|
6 months and 1 day to 4 years and Fine from P10,000 to P50,000 |
|
Section 5, par. 2 Sale, Trading, etc. of Controlled Precursor and Essential Chemicals
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed | |
|
Section 5, par. 3 Sale, Trading, etc. takes place within 100 meters from a school
|
Maximum Penalty
|
No Plea Bargain Allowed |
|
|
Section 5, par. 4 Drug pushers who use minors as couriers, etc
|
Maximum Penalty
|
No Plea Bargain Allowed |
|
|
Section 5, par. 5 When the victim is a minor causIng the latter’s death
|
Maximum Penalty
|
No Plea Bargain Allowed | |
|
Section 5, par. 6 Allowed Acting as Financier
|
Maximum Penalty
|
No Plea Bargain Allowed |
|
| Section 5, par. 7
Acting as Protector/Coddler
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 6, par. 1 Maintenance of Den, Dive or Resort where dangerous drugs 3 are used or sold in any form
|
Life Imprisonment to Death and Fine from P500,000 to P10,000,000
|
No Plea Bargain Allowed | |
|
Section 6, par. 2 Maintenance of Den, Dive or Resort where Controlled Precursors and Essential Chemicals are used or sold
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 6, par. 3 Where dangerous drug is sold or delivered to a minor and is allowed to use it in such place
|
Maximum Penalty
|
No Plea Bargain Allowed |
|
|
Section 6. par. 4 When the use of dangerous drugs in such place causes the death of a person
|
Death and Fine from P1,000,000 to P10,000,000 imposed on owner, maintainer and/or operator
|
No Plea Bargain Allowed |
|
|
Section 6, par. 6 Acting as Organizer, Manager, or Financier of such place
|
Maximum Penalty
|
No Plea Bargain Allowed |
|
|
Section 6, par. 7 Acting as Protector/Coddler
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 7 Employees or Visitors of Den, Dive or Resort (Only if the accused is charged as a visitor of the drug den and there is/are no other accused charged with violation of Section 6 (Maintenance of Den, Drive or Resort)
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
Section 12
Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs |
6 months and 1 day to 4 years and Fine from P10,000 to P50,000 |
|
Section 8, par. 1 Manufacture of Dangerous Drugs
|
Life Imprisonment to Death and Fine from P500,000 to P10,000,000
|
No Plea Bargain Allowed |
|
|
Section 8, par. 2 Manufacture of Controlled Precursors and Essential Chemicals
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 8, par. 4 Acting as Financier
|
Maximum Penalty
|
No Plea Bargain Allowed | |
|
Section 8, par. 5 Acting as Protector/Coddler
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed | |
|
Section 9 Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 10, par. 1 Manufacture or Delivery of Equipment, Instruments, Apparatus and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (used to plant, propagate, cultivate, grow, harvest, etc. any dangerous drug, controlled precursor & essential chemical)
|
12 years & 1 day to 20 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 10, par. 2 If paraphernalia manufactured or delivered will be used to introduce a dangerous drug in the human body
|
6 months and 1 day to 4 years and Fine from P10,000 to P50,000
|
No Plea Bargain Allowed |
|
|
Section 10, par 3 If a minor is used to deliver such equipment, instrument, paraphernalia, etc.
|
Maximum Penalty
|
No Plea Bargain Allowed | |
|
Section 11 Possession of Dangerous Drugs (Where quantity of shabu is 50 grams or more; opium morphine, heroin, cocaine and marijuana resin is 10 grams or more; marijuana is 500 grams or more)
|
Life Imprisonment to Death and Fine from P500,000 to P10,000,000
|
No Plea Bargain Allowed |
|
|
Section 11, par. 1 Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is 10 grams and above; marijuana is 500 grams and above)
|
Life Imprisonment to Death and Fine from P400,000 to P500,000
|
No Plea Bargain Allowed | |
|
Section 11, par. 2 Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine, is 5 grams or more but not exceeding 10 grams; marijuana is 300 grams or more but not exceeding 500 grams)
|
20 years and 1 day to Life Imprisonment and Fine fromP400,000 to P500,000
|
Section 11, par. 3
Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine, is 5 grams to 9.99 grams; marijuana is 300 grams to 499 grams)
|
12 years and 1 day to 20 years and a Fine from P300,000 to P400,000 |
|
Section 11, par. 3 Possession of Dangerous Drugs (Where quantity of “shabu”, opium, morphine, heroin, cocaine, is less than 5 grams; marijuana is less than 300 grams) |
12 years & 1 day to 20 years and Fine from P300,000 to P400,000
|
Section 12
Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs (Where quantity of “shabu”, opium, morphine, heroin, cocaine, is .01 gram to 4.99 grams; marijuana is .01 gram to 299.99 grams)
|
6 months and 1 day to 4 years and Fine from P10,000 to P50,000 |
|
Section 12 Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs
|
6 months and 1 day to 4 years and Fine from P10,000 to P50,000 | Section 15
Use of Dangerous Drugs |
6 months Treatment and Rehabilitation |
|
Section 13 Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings |
Maximum Penalties provided under Section 11 regardless of quantity or purity | Section 12
Possession of Equipment, Apparatus & Other Paraphernalia for Dangerous Drugs (Where quantity of dangerous drug is .01 gram to 4.99 grams; marijuana is .01 gram to 299 grams)
Section 11, par. 3 Possession of Dangerous Drugs (Where quantity of dangerous drug is 5 grams to 9.99 grams; marijuana is 300 grams to 499 grams)
No Plea Bargain Allowed (Where quantity of dangerous drug is 10 grams and above; marijuana is 500 grams and above) |
6 months and 1 day to 4 years and Fine from P10,000 to P50.000
12 years and 1 day to 20 years and Fine from P300,000 to P400,000 |
|
Section 14 Possession of Equipment, Apparatus and Other Paraphernalia During Parties, Social Gatherings or Meetings
|
Maximum Penalty provided under Section 12 | Section 15
Use of Dangerous Drugs |
6 months Treatment and Rehabilitation |
|
Section 15 Use of Dangerous Drugs
|
6 months Rehabilitation (for 1st offense)
6 years and 1 day to 12 years and Fine from P50,000 to P200,000 (for 2nd offense)
|
No Plea Bargaining Allowed |
|
|
Section 16, par. 1 Cultivating or Culture of Plants Classified as Dangerous Drugs or are sources thereof
|
Life Imprisonment to Death and Fine from P500.000 to P10,000,000 | No Plea Bargain Allowed | |
|
Section 16, par. 3 Allowed Acting as Financier
|
Maximum Penalty | No Plea Bargain Allowed | |
|
Section 16, par. 4 Acting as Protector/Coddler
|
12 years & 1 day to 20 years and Fine from P100.000 to P500,000 |
No Plea Bargain Allowed |
|
|
Section 17 Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
|
1 year and 1 day to 6 years and Fine from P10,000 to P50,000 | No Plea Bargain Allowed | |
|
Section 18 Unnecessary Prescription of Dangerous Drugs
|
12 years and 1 day to 20 years and Fine from P100,000 to P500,000, with revocation of license of practitioner
|
No Plea Bargain Allowed |
|
|
Section 19 Unlawful Prescription of Dangerous Drugs
|
Life Imprisonment to Death and Fine from P500.000 to P10,000,000
|
No Plea Bargain Allowed | |
|
Section 26 Attempt or Conspiracy
|
Penalty Provided in Previous Sections for Importation, Sale, Maintenance of Den. Manufacture and Cultivation of Dangerous Drugs
|
No Plea Bargain Allowed |
|
|
Section 27 Criminal Liability of Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for Confiscated Dangerous Drugs, etc.
|
Life Imprisonment to Death and Fine from P500,000 to P10,000,000
|
No Plea Bargain Allowed |
|
| 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 months and 1 day to 4 years and Fine from P10.000 to P50,000 |
No Plea Bargain Allowed |
|
|
Section 37 Issuance of False or Fraudulent Drug Test Results
|
6 years and 1 day to 12 years and Fine from P100,000 to P500,000
|
No Plea Bargain Allowed |
|
|
Section 72 Liability of Person who violates the Confidentiality of Records (of drug dependent under voluntary submission of program)
|
6 months and 1 day to 6 years and Fine from P1 ,000 to P6,000 | No Plea Bargain Allowed | |
|
Section 91, par. 1 Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases
|
12 years and 1 day to 20 years and Fine of not less than P500,000 | Section 19, par. 2
Liability of Immediate Superior if he failed to exert reasonable effort to present witness to court |
2 months and 1 day but not more than 6 years and a Fine of not less than P10,000 but not more than P50,000 |
|
Section 91, par. 2 Liability of Immediate Superior if he failed to exert reasonable effort to present witness to court
|
2 months and 1 day but not more than 6 years and Fine of not less than P10,000 but not more than to P50,000
|
No Plea Bargain Allowed | |
|
Section 91, par. 3 Failure of Immediate Superior to Inform Court of Transfer or Re-Assignment of Accused law Enforcement Agent
|
2 months and 1 day but not more than 6 years and Fine of not less than P10.000 but not more than P50,000 |
No Plea Bargain Allowed |
|
| Section 92
Delay and Bungling in the Prosecution of Drug Cases
|
12 years and 1 day to 20 years without prejudice to further prosecution under the RPC |
No Plea Bargain Allowed |
|
The full Clarificatory Guidelines can be accessed here.