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A.M. No.

18-03-16-SC
April 10, 2018
Plea Bargaining Framework in Drugs Cases

Situation #1
Crime: POSSESSION S.11 par. 3 Penalty
.01g—4.99g of Shabu,
cocaine, etc. 12 yrs 1 day to 20 yrs.
Fine: 300k to 400k
.01g—299.99g marijuana

Acceptable Plea Bargain

Section 12
Penalty
Possession of Equipment,
Instrument, Apparatus and other 6 months 1 day to 4 yrs
Paraphernalia for Dangerous Fine: 10k to 50k
Drugs (EIAP)

Situation #2
Crime: POSSESSION S.11 par. 2 Penalty
5g—9.99g of Shabu,
cocaine, etc. 20 yrs to Life Imprisonment
300g—499g marijuana Fine: 400k to 500k

Acceptable Plea Bargain

Section 11 par. 3
Penalty
Possession of Dangerous Drugs
(less than 5g of Shabu, opium, 12 yrs 1 day to 20 yrs.
etc, or less than 300g of Fine: 300k to 400k
marijuana)

Situation #3
Crime: POSSESSION S.11 par. 2 Penalty
10g and above of Shabu,
cocaine, etc. Life imprisonment to Death
500g and above of marijuana Fine: 500k to 10 million

No plea bargaining allowed

V. .A B.
Situation #4
Crime: POSSESSION S.12 Penalty
Possession of Equipment,
Instrument, Apparatus and 6 mos 1 day to 4 years
other Paraphernalia for Fine: 10k to 50k
Dangerous Drugs (EIAP)

Acceptable Plea Bargain


If accused denies drug
Section 15 use, or denies but found
Penalty
positive after drug
6 months treatment & rehab dependency test
Use of Dangerous Drugs OR
Counselling program at rehab If accused is found
negative for drug use/
center
dependency

Situation #6
Crime: POSSESSION S.14 Penalty
Possession of EIAP during
parties, social gatherings or Maximum penalty in Section
meetings 12

Acceptable Plea Bargain


If accused denies drug
use, or denies but found
Section 15 Penalty positive after drug
6 months treatment & rehab dependency test
Use of Dangerous Drugs OR
If accused is found
Counselling program at rehab
negative for drug use/
dependency

Situation #6
Crime: SALE, trading, etc. S.5 Penalty
0.01g—0.99g of Shabu only
Life Imprisonment to Death
0.01g—9.99g marijuana only
Fine: 500k to 10 milllion

Acceptable Plea Bargain

Section 12
Penalty
Possession of Equipment,
Instrument, Apparatus and other 6 months 1 day to 4 yrs
Paraphernalia for Dangerous Fine: 10k to 50k
Drugs
V. A. B.
Note: in Situation #1 and #6

Mandatory drug dependency test

Accused admits drug use


or Accused found negative for drug use/
dependency
Denies drug use but found positive after
drug dependency test

Treatment and rehabilitation for not Accused will be released on time


less than 6 months served,
Otherwise:
Accused will serve sentence in jail minus
Period of rehabilitation shall be credited the counseling period at rehabilitation
to the penalty center.

V. A. B.
Situation #7
Crime: SALE, trading, etc. Sec.5 Penalty
1g and above of shabu only
10g and above of marijuana Life imprisonment to Death
only Fine: 500k to 10 million

No plea bargaining allowed

Situation #8
Sale, trading, etc. involving all other kinds of drugs (except shabu &
marijuana)
All other cases with imposable penalty of Life imprisonment to death

No plea bargaining allowed

V. A. B.