G.R. No. 258420 - ANTHONY ARNALDO LO @ "WHITE," AND ALWIN BORILLA NAGALLO @ "TALI BOY,", VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly act thereon. It is true that there has been confusion as to what Sections of Republic Act 9165 are allowed to be the subject of a plea-bargaining. To resolve the matter, [the] Supreme Court En Banc issued A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases) allowing Sec. 5 and 11 of R.A. 9165 to be the subject of the plea bargaining agreement provided that the illegal drags pertains [ sic ] only to methamphetamine hydrochloride/ shabu and marijuana, provided further [that] it is within the quantity of the illegal drugs as stated therein and the acceptable plea bargain is under Sec. 12 of R.A. 9165 or Possession of Equipment, Instrument Apparatus and Other Paraphernalia for Dangerous Drugs[,] and has a penalty of 6 months and one day to 4 years and a fine ranging from P10,000 to P50,000. The same Administrative Matter also allows the accused charged for violation of Sec. 12 of R.A. 9165 to enter into a plea bargaining and the acceptable lesser offense is under Sec. 15 of R.A. 9165 or Use of Dangerous Drugs. The above-mentioned Administrative Matter allows the accused to enter into a plea-bargaining agreement with respect to Section 5 of Art. II of R.A. 9165, plea-bargaining is allowed[, so] long as the quantity of methamphetamine hydrochloride or shabu is ranging from 0.01 gram to 0.99 grams[,] and the acceptable plea bargaining is under Sec. 12 of Art. II of R.A. 9165 or Possession of Equipment, Instrument. Apparatus and Other Paraphernalias [ sic ] for Dangerous Drugs[,] and the penalty for the same is six (6) months and one (1) day to four (4) years and a tine from P10,000 to P50.000. For Violation of Sec. 12 of R.A. 9165 the acceptable lesser offense is under Sec. 15 of R.A. 9165 or for the Use of Dangerous Drugs[,] and the imposable penalty is six (6) months of treatment and rehabilitation. In the instant case, the accused in Criminal Case No. T-7005 [are] charged for allegedly selling suspected methamphetamine hydrochloride or shabu and the quantity of the same is 0.039 gram. In accordance and in obedience to the above-stated Administrative Matter, the quantity of the methamphetamine hydrochloride/ shabu subject of the instant case and to which the accused [are] charged for selling (0.039 gram) is clearly and undoubtedly well within the range of 0.01 to 0.99 grams [ sic ] of shabu allowed and admitted to be the subject of the plea bargaining pursuant to A.M. No. 18-03-16-SC. . . . . Moreover, the Constitution of the Republic of the Philippines, Article VIII, Section 5(5) declares one of the powers of the Supreme Court [ sic ], which states that [ sic ]: " (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading practice and procedure in all courts, the admission to the practice of law, the Integrated Bar and Legal Assistance to the underprivileged. Such rules shall provides a simplified and inexpensive procedure for the speedy disposition of cases, shall be unifo