G.R. No. 254973 - JESSIE FRANCISCO Y OBLINO, VS. PEOPLE OF THE PHILIPPINES.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the RTC vacated Francisco's former plea of not guilty and, upon re-arraignment, allowed Francisco to plead guilty to the offense of violation of Section 12, Article II of R.A. No. 9165, despite the objection of SACP Namoro-Bañes invoking this time DOJ Circular No. 27, which allows the accused to plead guilty only to violation of Article II, Section 11 of Republic Act No. 9165 if charged under Article II, Section 5 of Republic Act No. 9165. The RTC overruled the objection of the prosecution considering that DOJ Circular No. 27 is likewise in conflict with Administrative Matter No. 18-03-16-SC. On August 3, 2018, the prosecution filed a Motion for Reconsideration on the ground that the consent of the offended party and the prosecutor is an indispensable requirement under Rule 116, Section 2 of the Revised Rules of Criminal Procedure, but it was denied by the RTC. The dispositive portion of the Order, dated August 13, 2018, reads: WHEREFORE, the Motion for Reconsideration is DENIED. It is hereby declared that DOJ Circular No. 27 is contrary to the Rules of Court, and an encroachment on the Rule Making Power of the Supreme Court of the Philippines, to the extent that it contradicts the provisions of A[dministrative] M[atter] No. 18-13-19-SC, specifically that portion which disallows plea bargaining under [Article II, Section 5] of [Republic Act No.] 9165 if the offer to plead guilty to lesser offense by the accused is not to the offense under [Article II, Section 3, paragraph 3 of Republic Act No.] 9165. SO ORDERED.