Public Attorney’s Office to SC: Allow drug suspects to enter plea deals

MANILA, Philippines – The Public Attorney’s Office (PAO) on Monday, September 19, asked the Supreme Court (SC) to allow suspects in drug-related cases to make plea deals with the government. 

PAO filed a petition asking the High Court to declare as unconstitutional Section 23 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, which prohibits suspects – even upon the consent of prosecutors – to plead guilty to lesser offenses.

The blanket provision reads: “Any person charged under any provision of [the Dangerous Drugs Act], regardless of the imposable penalty, shall not be allowed to avail [themselves] of the provision on plea bargaining.”

PAO chief Persida Acosta said the prohibition was only applied to suspects in drug-related offenses and not to suspects in other crimes that are punishable by life imprisonment.

Suspects in murder, some acts of rape, and other heinous crimes are allowed to enter plea deals under Section 1 Rule 118 of the Revised Penal Rules of Criminal Procedure. 

“At the very least, if plea bargaining is indeed not allowable in violations of [the Dangerous Drugs Act], the prohibition should apply only to those drug offenses involving capital punishment,” Acosta said.

She said the provision violates the constitutional right to equal protection of the law and encroaches upon the powers of the SC to promulgate rules of procedure.

“No reasonable classification exists to classify violators of the anti-drugs law from violators of other criminal laws, be it offenses listed in the Revised Penal Code or other special criminal laws,” according to the petition.

“Are alleged violators of RA 9165 separate and distinct from persons accused of murder, rape, carnapping,  and so forth?”  the petition added.

PAO filed the petition after the Legazpi City regional trial court cited the legal provision to deny the request of Salvador Estipona Jr – who is accused of illegal possession of one sachet of shabu – to enter into a plea bargaining agreement.

Acosta said there are practical reasons to allow plea deals, such as to save time and costs of trials.

At least 82,000 small-time drug offenders should be allowed to enter into plea deals to help decongest local jails and save government funds, she said.

“Small-time users or pushers should undergo rehabilitation,” said Acosta, who argued that it is the big-time drug pushers and drug lords who should be languishing in jails. – Rappler.com