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Republ'ika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Depariment of Justice
Manila

DEPARTMENT CIRCULAR NO. Q 2

TO: ALL PROSECUTORS

RE: AMENDED GUIDELINES ON PLEA BARGAINING FOR

REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS
THE "COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2000"

DATE: JUNE 26, 2018

In view of the adoption by the Supreme Court of Its Plea Bargaining

Framework In Drugs Cases dated April 10, 2018 (A.M. No. 18-03-16-SC),
there Is a need to revise the previous Guidelines on Plea Bargaining
Agreements issued under Department Circular No. 61 dated November 21,
2017. Accordingly, the following are the amended guidelines to be observed
In plea bargaining in cases Involving Republic Act No. 9165 as amended, to
wit:

Offense Charged in Information Acceptable Plea G argain

Section Penalty Section Penalty
Section 4 Life Imprisonment No Plea Bargain
Importation of to Death & Fine Allowed
Dangerous Drugs from Php 500k to
Php lOM
Section 4, par. 2 12 yrs 8i 1 day to No Plea Bargain
Importation of 20 yrs and Fine Allowed
ControHed from Php 100k to
Precursors & Php 500k
Essentiai
Chemicais
Section 4, par. 3 Maximum Penalty No Plea Bargain
Importation thru Allowed
use of diplomatic
passport, etc.
Section 4, par. 4 Maximum Penalty No Plea Bargain
Acting as Financier Allowed
In Importation
Section 4, par. 5 12 years & 1 day No Plea Bargain
Actinq as to 20 years 8i Fine Allowed
"Protector/Coddler" from Php 100k to
Php 500k
Section 5 Life Imprisonment Section 11, par. 3 12 yrs & 1 day to
Sale, Trading, etc. to Death & Fine Possession of 20 yrs and Fine
ofDangerous from Php 500k to Dangerous Drugs from Php 300k to
Drugs Php lOM Php 400k
(Plea bargaining is
allowed only if the
drugs involved are
"shabu" and/or
marijuana and the
quantity of
"shabu" is less
than 5 grams and
the quantity of
marijuana is less
than 300 grams)

Section 5, par. 2 12 yrs & 1 day to No Plea Bargain

Sale, Trading, etc. 20 yrs and Fine
ofControlled from Php 100k to
Precursor & Php 500k
Essential
Chemicals
Section 5, par. 3 Maximum Penalty No Plea Bargain
Sale, trading, etc. Allowed
takes place within
100 meters from a
school
Section 5, par. 4 Maximum Penalty No Plea Bargain
Drug pushers who Allowed
use minors as
couriers, etc
Section 5, par. 5 Maximum Penalty No Plea Bargain
When the victim is Allowed
a minor causing
the latter's death
Section 5, par. 6 Maximum Penalty No Plea Bargain
Acting as Financier Allowed
Section 5, par. 7 12 years & 1 day No Plea Bargain
Acting as to 20 years & Fine Allowed
"Protector/Coddler" from Php 100k to
Php 500k

Section 6, par. 1 Life Imprisonment No Plea Bargain

Maintenance of to Death & Fine Allowed
Den, Dive or from Php 500k to
Resort Php lOM
Where dangerous
drugs are used or
sold in any form
Section 6, par. 2 12 yrs & 1 day to No Plea Bargain
Maintenance of 20 yrs and Fine
Den, Dive or from Php 100k to
Resort Php 500k
Where Controlled
Precursors and
Essential
Chemicals are used
or sold
Section 6, par. 3 Maximum Penalty No Plea Bargain
Where dangerous Allowed
drug Is sold or
delivered to a
minor and is
allowed to use it in
such place
Section 6, par. 4 Death & Fine from No Plea Bargain
When the use of Php IM to Php Allowed
dangerous drugs in lOM imposed on
such place causes owner, maintainer
the death of a and/or operator
person
Section 6, par. 6 Maximum Penalty No Plea Bargain
Acting as Allowed
Organizer,
Manager or
Financier of such
place
Section 6, par. 7 12 yrs & 1 day to No Plea Bargain
Acting as 20 yrs and Fine Allowed
"Protector/Coddler" from Php 100k to
Php 500k

Section 7 12 yrs & 1 day to Section 12 6 months & 1 day

Employees or 20 yrs and Fine Possession of to 4 years and a
Visitors ofDen, from Php 100k to Equipment, Fine Ranging from
Dive or Resort Php 500k Apparatus & Other Php 10k to Php
(Only if the Paraphernalia for 50k
accused is charged Dangerous Drugs
as a visitor of the
drug den) OR

Sec. 15 6 months Rehab

 Use ofDangerous (1®* offense
Drugs
6 years & 1 day to
12 years and a
Fine Ranging from
Php 50k to Php
200k (for 2"^
offense)

Section 8, par. 1 Life Imprisonment No Plea Bargain

Manufacture of to Death & Fine Allowed
Dangerous Drugs from Php 500k to
Php lOM
Section 8, par. 2 12 yrs & 1 day to No Plea Bargain
Manufacture of 20 yrs and Fine
Controlled from Php 100k to
Precur^rs and Php 500k
Essential
Chemicals
Section 8, par. 4 Maximum Penalty No Plea Bargain
Acting as Financier Allowed
Section 8, par. 5 12 yrs & 1 day to No Plea Bargain
Acting as 20 yrs and Fine
"Protector/Coddler" from Php 100k to
Php 500k
Section 9 12 yrs 8i 1 day to No Plea Bargain
Illegal Chemical 20 yrs and Fine Allowed
Diversion of from Php 100k to
Controlled Php 500k
Precursors and
Essential
Chemicals

Section 10, par. 1 12 yrs & 1 day to No Plea Bargain

Manufacture or 20 yrs and Fine
Delivery of from Php 100k to
Equipment, Php 500k
Instruments,
Apparatus and
Other
Paraphernalia for
Dangerous Drugs
and/or Controlled
Precursors and
Essential
Chemicals
(used to plant.
propagate,
cultivate, grow,
harvest, etc any
dangerous drug,
controlled
precursor &
essential chemical
Section 10, par. 2 6 months & 1 day No Plea Bargain
If paraphernalia to
manufactured or 4 years and fine
deiivered will be ranging from Php
used to introduce a 10k to Php 50k
dangerous drug in
the human body
Section 10, par. 3 Maximum Penalty No Plea Bargain
If a minor is used Allowed
to deliver such
equipment,
instrument,
paraphernalia, etc.
Section 11 Life Imprisonment No Plea Bargain
Possession of to Death & Fine Allowed
Dangerous Drugs from Php 500k to
(Where quantity of Php lOM
shabu is 50 grams
or more; opium,
morphine, heroin,
cocaine and
marijuana resin is
10 grams or more;
marijuana is 500
grams or morej
Section 11, par. 1 Life Imprisonment No Plea Bargain
Possession of & Fine from Php Allowed
Dangerous Drugs 400k to Php 500k
(Where quantity of
shabu Is 10 grams
or more but less
than 50 qramsj
Section 11, par. 2 20 yrs and 1 day No Plea Bargain
Possession of to Life Allowed
Dangerous Drugs Imprisonment &
(Where quantity of Fine from Php
shabu, opium, 400k to Php 500k
morphine, heroin,
cocaine, et al is 5
grams or more but
less than 10
grams; 300 grams
or more but less
than 500 grams of
marijuana)
Section 11, par. 3 12 yrs & 1 day to Section 12 6 months & 1 day
Possession of 20 yrs and Fine Possession of to 4 years and a
Dangerous Drugs from Php 300k to Equipment, Fine Ranging from
(Where quantity of Php 400k Apparatus & Other Php 10k to Php
"shabu", opium, Paraphernaiia for 50k
morphine, heroin, Dangerous Drugs
cocaine, et a! is
less than 5 grams;
marijuana is less
than 300 grams)

Section 12 6 months & 1 day Section 15 6 months Rehab

Possession of to 4 years and a Use of Dangerous {1^ offense)
Equipment, Fine Ranging from Drugs
Apparatus & Other Php 10k to Php 6 months & 1 day
Paraphernaiia for 50k (An alternative is to 4 years and a
Dangerous Drugs to allow the Fine Ranging from
accused to change Php 50k to Php
his plea to "guilty" 200k (for 2"^
and avail of the offense)
mitigating
circumstance of
voluntary plea of
Ma ,
Section 13 Maximum Section 11, par. 3 12 yrs & 1 day to
Possession of Penalties provided Possession of 20 yrs and Fine
Dangerous Drugs under Section 11 Dangerous Drugs from Php 300k to
During Parties, regardless of Php 400k
Soda!Gatherings quantity or purity (Plea bargaining is
or Meetings allowed where the
quantity of
(Plea bargaining is "shabu", opium,
allowed from morphine, heroin,
Section 13 of cocaine, et al is
Republic Act No. less than 5 grams
9165 to Section and marijuana is
11, paragraph 3 of less than 300
the same statute grams. If the
where the quantity quantity of
of dangerous dangerous drugs
drugs involved is involved exceeds
less than 5 grams the above
(in cases of quantities, no plea
"shabu", opium, bargaining is
cocaine, etc.) and allowed.)
less than 300
grams of
marijuana. If the
quantity of
dangerous drugs
Involved exceeds
the above
amounts, plea
bargaining Is
prohibited.)

Section 14 Maximum Penalty Section 15 6 mos. Rehab for

Possession of provided under Use ofDangerous 1®^ offense; 6 yrs
Equipment, Section 12 Drugs & 1 day to 12 yrs
Apparatus& Other & fine from Php
Paraphernaiia for 50k to Php 200k
Dangerous Drugs for 2"^ offense
During Parties,
Sociai Gatherings
or Meetings
Section 15 6 mos. Rehab for No Plea Bargain
Use ofDangerous 1®^ offense; 6 yrs
Drugs & 1 day to 12 yrs
& fine from Php
SOktoPhp 200k
for 2"^ offense
Section 16, par. 1 Life Imprisonment No Plea Bargain
Cuitivating or to Death and Fine
Cuiture ofPiants from Php 500k to
Classified as Php lOM
Dangerous Drugs
or are Sources
thereof
Section 16, par. 3 Maximum Penalty No Plea Bargain
Acting as Financier Allowed

Section 16, par. 4 12 yrs 8t 1 day to No Plea Bargain

Acting as 20 yrs and Fine
"Protector/Coddier" from Php 100k to
Php 500k
Section 17 1 yr. and 1 day to No Plea Bargain
Maintenance and 6 yrs, and Fine
Keeping ofOriginai from Php 10k to
Records of Php 50k
Transactions on
Dangerous Drugs
and/or Controlled
Precursors &
Essential
Chemicals
Section 18 12 yrs and 1 day No Plea Bargain
Unnecessary to 20 yrs & fine
Prescription of from Php 100k to
Dangerous Drugs Php 500k with
revocation of
license of
practitioner

Section 19 Life Imprisonment No Plea Bargain

Unlawful to Death & Fine Allowed
Prescription of from Php 500k to
Dangerous Drugs Php lOM
Section 26 Penalty Provided No Plea Bargain
Attempt or in Previous Allowed
Conspiracy Sections for
Importation, Sale,
Maintenance of
Den, Manufacture
& Cultivation of
Dangerous Drugs
Section 27 Life Imprisonment No Plea Bargain
Criminal Liability of to Death and Fine Allowed
Public Officer or from Php 500k to
Employee for Php lOM
Misappropriation,
Misapplication or
Failure to Account
for Confiscated
Dangerous Drugs,
etc.
Section 29 Death No Plea Bargain
Planting of Allowed
Evidence
Section.32 6 mos. & 1 day to No Plea Bargain
Liability ofPerson 4 yrs and fine
Violating any from Php 10k to
Regulation issued Php 50k
by the Dangerous
Drugs Board
Section 37 6 yrs and 1 day to No Plea Bargain
Issuance ofFalse 12 yrs & fine from
or Fraudulent Drug Php 100k to Php
Test Results 500k
Section 72 6 mos. and 1 day No Plea Bargain
Liability ofPerson to 6 yrs and fine
who violates the from Php Ik to
Confidentiality of Php 6k
Records{of drug
dependent under
voluntary
submission
program)
Section 91, par. 1 12 yrs and 1 day Section 91, par. 2 2 mos and 1 day
Responsibility & to 20 yrs and fine Liability of but not more than
Liability ofLaw of not less than Immediate 6 yrs and fine of
Enforcement Php 500k Superior if he not less that Php
Agencies and other failed to exert 10k but not more
Government reasonable effort than Php 50k
Officials and to present witness
Employees in to court
Testifying as
Prosecution
Witnesses in
Dangerous Drugs
Cases
Section 91, par. 2 2 mos and 1 day No Plea Bargain
Liability of but not more than
Immediate 6 yrs and fine of
Superior if he not less that Php
failed to exert 10k but not more
reasonable effort than Php 50k
to present witness
t court
Section 91, par. 3 2 mos and 1 day No Plea Bargain
Failure of but not more than
Immediate 6 yrs and fine of
Superior to Inform not less that Php
Court of Transfer 10k but not more
or Re-Assignment than Php 50k
of Accused Law
Enforcement Agent
Section 92 12 yrs and 1 day No Plea Bargain
Delay and Bungling to 20 yrs without Allowed
in the Prosecution prejudice to
ofDrug Cases further
prosecution under
the RPC
 10

While plea bargaining Is now allowed pursuant to the case of"Salvador

Estlpona, Jr. y Asuela v. Hon. Frank E. Lobrlgo", the discretion of prosecution
offices to give their consent to offers of plea bargaining In dangerous drugs
cases Is subject to strict control and monitoring by this Department in view of
the intensified campaign of the government against illegal drugs. In offenses
where no plea bargaining is allowed, the policy direction of this Department is
that the acceptance of plea bargains in such instances Is against public policy
and detracts from the seriousness and gravity of the offense.

All offers for plea bargaining must be Initiated In writing by way of a

formal motion filed by the accused in court. Upon receipt of a proposal for
plea bargaining from the accused which fails under these guidelines, the trial
prosecutor shall request the court to order that a drug dependency
assessment be administered on the accused pursuant to A.M. 18-03-16-SC.
The drug dependency report shall be a condition sine qua non for the
prosecution to give Its consent to the plea bargain.

Plea bargaining may be entertained by the prosecution at any stage of

the proceedings. Where the accused offers a plea bargain either during the
arraignment or during the pre-trial stage which falls under these guidelines,
the trial prosecutor shall request for time to obtain the written approval of the
City Prosecutor or Provincial Prosecutor concerned or from any prosecutor
with delegated authority to approve plea bargains other than the trial
prosecutor, which shall thereafter be submitted to the court to form part of
the records. However, if the proposed plea bargain is not allowed or goes
beyond what is allowed under these guidelines, the trial prosecutor shall
reject the proposed plea bargain outright and continue with the proceedings.

In cases where the accused desires to enter Into plea bargaining after
the trial on the merits has commenced, the trial prosecutor shall likewise
request for time to study the matter and obtain the written approval of the
City Prosecutor or Provincial Prosecutor concerned or from any prosecutor
with delegated authority to approve plea bargains, which shall thereafter be
submitted to the court to form part of the records. The trial prosecutor must
make a careful evaluation to determine whether the evidence of the
prosecution is sufficient to convict. If the trial prosecutor decides to accept
the plea bargain, he shall then submit a written memorandum to the City
Prosecutor, Provincial Prosecutor or approving prosecutor concerned justifying
why the plea bargain should be accepted.

In the event that the court Insists on approving a plea bargain that is
not allowed or goes beyond what is allowed under these guidelines, the trial
prosecutor shall interpose his/her vigorous objection In open court and
manifest that the State does not give its consent to the plea bargain.

In cases where a minor is charged under Republic Act No. 9165 as

amended, the minor shall be proceeded against pursuant to the provisions of
Republic Act No. 9344 as amended.
 11

For purposes of monitoring compliance with these guidelines, all

prosecution offices shall submit to the Department quarterly reports of plea
bargains approved by the court indicating therein whether the approval was
with the consent of or over the objection of the prosecution.

These guidelines amend Department Circular No. 061, Series of 2017

dated November 21, 2017 and shall serve as an exception to Department
Circular No. 55 dated December 11, 1990. It shall apply only to cases
covered by Republic Act No. 9165 as amended.

This Department Circular shall take immediate effect until revoked.

For strict compliance.

MENARDO I. GUEVARRA
Secretary
Depar:nienl oi Jusi^ce
CN: 02D1806344

RAOF*