See - SC: Plea bargaining allowed in drug cases | Headlines, News, The Philippine Star | philstar.com
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"The Supreme Court (SC) late Friday afternoon posted on its Twitter account that it has declared as unconstitutional the prohibition against plea bargaining in the Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165.
The SC has yet to release its Aug. 15 full decision but said that its declaration was in relation to the Salvador Estipona versus Legaspi City Regional Trial Court (RTC) Branch 3 Judge Frank Lobrigo case.
Section 23 of RA 9165 refers to the plea bargaining provision wherein any person charged under any provision of law – regardless of the imposable penalty – shall be denied plea bargaining or pleading guilty to a lesser offense with the consent of the prosecutor.
In its ruling dated Aug. 15, the court said Section 23 of RA 9165 was contrary to Article 8, Section 5 (5) of the 1987 Constitution giving the SC the authority to allow plea bargaining.
This section guarantees “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 provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court,” it added."
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