SC sets clarificatory guidelines on plea-bargaining in drug cases
MANILA, Philippines — The Supreme Court (SC) has ruled that prosecutors in drug cases must raise all their objections when an accused offers to plead guilty to a lesser crime or during a plea bargain, since any objections not raised are considered waived.
In a statement on Tuesday, the high court said that it updated its clarificatory guidelines on plea-bargaining in drug cases, also known as the Montierro guidelines.
This ruling stemmed from the case of a man, who was found guilty of illegal possession of drug paraphernalia under Section 12 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002.
In a 14-page decision, the SC revealed that the individual was charged in Dumaguete City for selling and possessing shabu, but he asked the Regional Trial Court (RTC) to allow him to plead guilty to a lesser crime, which is illegal possession of a drug paraphernalia.
READ: SC: Plea bargains still need court OK
Although the prosecution agreed to the plea bargain for the possession charge, the SC said it objected to the plea for the drug sale, citing the Department of Justice (DOJ) rules.
“However, the RTC allowed Aquino’s plea and convicted him of the lesser crime,” it added.
In response to this, the Court of Appeals deemed the RTC’s judgment invalid, ruling that the plea bargain requires consent from the prosecution.
“The SC disagreed with the CA, reiterating the guidelines in the landmark case of People v. Montierro. Under the Montierro ruling, courts may reject the prosecution’s objection to a plea bargain in drug cases if the only reason for the objection is that the plea violates DOJ rules, provided the plea follows the SC’s official plea bargaining framework,” the high court said.
“However, the SC also clarified that courts do not have unlimited authority and cannot reject the prosecution’s objection if it is based on valid grounds, such as if the accused is not qualified for plea bargaining, or if the plea does not follow the SC’s approved guidelines,” it added.
“Courts must also determine if the accused is a habitual offender or if the evidence of guilt is strong before approving a plea bargain,” it further said.
Below is the list of additional guidelines to supplement those in the Montierro ruling as issued by the SC:
- If the prosecution objects to a plea bargaining motion but cites only some possible grounds, any other ground not raised is considered waived.
- If the prosecution raises several objections, but the trial court addresses only one, the appellate court or the SC shall direct the trial court to resolve the remaining issues based on the Montierro guidelines and this case.
- If the records before the appellate court or the SC are incomplete and it is unclear whether either of the above scenarios applies, the trial court shall be directed to rule again on the matter, applying the principles in Montierro and this case.
Although the man in the case was convicted of the lesser crime of illegal possession of drug paraphernalia, the high court said that he was sentenced to up to four years of imprisonment and ordered to pay a P60,000 fine. /cb
