Sotto files bill allowing plea bargaining even to small-time drug offenders

Credit to Author: BERNADETTE E. TAMAYO| Date: Thu, 15 Aug 2019 04:56:50 +0000

SENATE President Vicente Sotto 3rd wants a law that will allow plea bargaining agreement for small-time drug offenders.

He filed Senate Bill (SB) 492, which would specifically cater to small-time or low-level drug users and for those charged with personal possession of illegal drugs.

Sotto said the country’s laws allowed plea bargaining for violation of all criminal laws, including heinous crimes, except for violation of any provisions of the anti-drug law.

He said that “plea bargaining,” as defined in Black’s Law Dictionary, was “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.”

“The unparalleled number of small-time drug cases pending in courts causes burden to the country’s criminal justice system as regards to costs and efficiency in the speedy disposition of cases,” Sotto said.

“Plea bargaining in these ‘small-time’ or ‘low-level’ drug cases will result in the prompt and final disposition of cases that in effect will declog the court dockets and our jails,” he added.

SB 492 seeks to amend the plea bargaining provision (Section 23) of Republic Act 9165, or the Dangerous Drugs Act of 2002, which prohibits any drug offender to avail of such arrangement regardless of the penalty.

It also institutionalizes the Supreme Court (SC) order, which it issued on April 10, 2018, adopting the framework for plea bargain deals in drug cases.

Under SB 492, plea bargaining “may be allowed only for a person who is found to be positive for use of any dangerous drug for a second time, after a confirmatory test.”

A person who pleads guilty of possession of up to 4.99 grams of shabu, opium, morphine, heroin, cocaine and other dangerous drugs; or less than 300 grams of marijuana will be allowed to seek a plea bargaining agreement, it stated.

A person who pleads guilty of possession of dangerous drugs during parties, social gatherings or meetings, or in the proximate company of at least two persons, provided that the quantities are less than five grams of opium, morphine, heroin, cocaine or “shabu,” or other dangerous drugs; or less than 300 grams of marijuana, may also avail of the plea bargaining agreement.

Plea bargaining agreement could also be availed by an accused who pleads guilty of possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings, or in the proximate company of at least two persons.

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