Republic Act No.

9165

An Act Instituting
the Comprehensive Dangerous
Drugs Act of 2002

SP01 Elvin E Enarne

DEPARTMENT CIRCULAR NO. 061
TO: ALL PROSECUTORS

RE: GUIDELINES ON PLEA BARGAINING AGREEMENT FOR R.A. 9165

OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2000”

In the interest of the service and in consonance with the decision of the
Supreme Court in GR No. 226679 entitled “ Salvador Estipina, Jr. y Asuela vs.
Hon Frank E. Lobrigo” the following is the Guideline on Plea Bargaining
Agreement for R.A. No. 9165 other wise known as the “Comprehensive
Dangerous Drugs Act of 2000”.
Offense Charged in Information Acceptable Plea Bargain
Section Penalty Section Penalty
Section 5 Sale, Trading, etc. Life Imprisonment to No Plea Bargain Allowed
of Dangerous Drugs Death & Fine from Php
500k to Php 10M
Section 4, par. 2 Importation 12 yrs & 1 day to 20 yrs No Plea Bargain Aloowed
of Controlled Precursors & and Fine from Php 100k
Essential Chemicals to Php 500k
Section 4, par. 3 Importation Maximum Penalty No Plea Bargain Allowed
thru use of diplomatic
passport, etc.
Section 4, par. 4 Acting as Maximum Penalty No Plea Bargain Allowed
Financier in Importation
Section 4, par. 5 Acting as 12 years & 1 day to 20 No Plea Bargain Allowed
“Protector/Coddler” years & Fine from Php
200k to Php 500k
Section 5 Sale, Trading, Life Imprisonment to No Plea Bargain Allowed
etc. of Dangerous Drugs Death & Fine from Php
500k to Php 10M
Section 5, par. 2 Sale, 12 years & 1 day to 20 yrs No Plea Bargain possible
Trading, etc. of Controlled and Fine from Php 100k due to lack of a lesser
Precursor & Essential to Php 500k offense (Plea of Guilt with
Chemicals recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
Section 5, par. 3 Sale, Maximum Penalty No Plea Bargain Allowed
Trading, etc. takes place
within 100 meters from a
school
Section 5, par. 4Drug Maximum Penalty No Plea Bargain Allowed
pushers who use minors
as couriers, etc
Section 5, par. 5 When Maximum Penalty No Plea Bargain Allowed
the victim is a minor
causing the latter’s death
Section 5, par. 6 Acting as Maximum Penalty No Plea Bargain Allowed
Financier
Section 5, par. 7 Acting as 12 years & 1 day to 20 No Plea Bargain possible
“Protector/coddler” years & Fine from Php due to lack of lesser
100k to Php 500k offense (Plea of Guilt with
Recommendation by
Prosecution for the
imposition of a lesser
penalty allowed)
Section 6, par. 1 Life Imprisonment to No Plea Bargain Allowed
Maintenance of Den, Dive Death & Fine from Php
or Resort 500k to Php 10M
Where dangerous drugs is
used or sold in any form
Section 6, par. 2 12 years & 1 day to 20 No Plea Bargain possible
Maintenance of Den, Dive years and Fine from Php due to lack of a lesser
or Resort 100k to Php 500k offense (Plea of Guilt with
Where Controlled Recommendation by
Precursors and Essential Prosecution for
Chemicals is used or sold imposition of a lesser
penalty allowed)
Section 6, par. 3 Where
Dangerous drug is sold or
delivered to a minor and
is allowed to use it in
such place
Section 6, par 4 When the
use of dangerous drugs in
such place causes the
death of a person
Section 6, par. 6 Acting as
Organizer, Manager of
Financier of such place
Section 6, par. 7 Acting as
“Protector/Coddler”
Maximum Penalty No Plea Bargain Allowed
Death & Fine from Php No Plea Bargain Allowed
1M to Php 10M imposed
on owner, maintainer
and/or operator
Maximum Penalty No Plea Bargain Allowed
12 years & 1 day to 20 No Plea Bargain possible
years and Fine from Php due to lack of a lesser
100k to Php 500k offense (Plea of Guilt with
Recommendation by
Prosecution for
Imposition of a lesser
penalty allowed)
Section 7 Employees or 12 years & 1 day to 20 yrs No Plea Bargain possible
Visitors of Den, Dive or and Fine from Php 100k due to lack of a lesser
Resort to Php 500k offense (Plea of Guilt
with Recommendation by
Prosecution for
Imposition of a lesser
penalty allowed)
Section 8, par. 1 Life Imprisonment to No Plea Bargain Allowed
Manufacture of Death & Fine from Php
Dangerous Drugs 500k to Php 10M
Section 8, par. 2 12 years & 1 day to 20 yrs No Plea Bargain Possible
manufacture of and Fine from Php 100k due to lack of a lesser
Controlled Precursors and to Php 500k offense (Plea of Guilt with
Essential Chemicals Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
Section 8, par. 4 Acting as Maximum Penalty No Plea Bargain Allowed
Financier
Section 8, par. 5 Acting as
“Protector/Coddler”
Section 9 illegal Chemical
Diversion of Controlled
Precursors and Essential
Chemicals
Section 10, par. 1 Manufacture
or Delivery of equipment,
Instrument, Apparatus and
Other Paraphernalia for
Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals
12 years & 1 day to No Plea Bargain possible
20 yrs and fine from due to lack of a lesser
Php 100k to Php offense (Plea of Guilt
500k with Recommendation by
Prosecution for
Imposition of a lesser
penalty allowed)
12 yrs & 1 day to 20 No Plea Bargain possible
yrs and Fine from due to lack of a lesser
Php 100k to Php offense (Plea Guilt with
500k Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
12 years & 1 day to Section 10, par. 2 6 months & 1 day to 4
20 yrs and fine from years and fine ranging
Php 100k to Php from Php 10k to Php 50k
500k
(used to plant propagate
cultivate, grow, harvest,
etc any dangerous drug,
controlled precursor &
essential chemical
Section 10, par. 2 If 6 months & 1 day to 4 No Plea Bargain possible
paraphernalia years and fine ranging due to lack of a lesser
manufactured or from Php 10k to Php 50k offense (Plea of Guilt with
delivered will be used to recommendation by
introduce a dangerous Prosecution for
drug in the human body imposition of a lesser
penalty allowed)
Section 10, par. 3 If a Maximum Penalty No Plea Bargain Allowed
minor is used to deliver
such equipment,
instrument,
paraphernalia, etc.
Section 11, para. 1 Life Imprisonment TO No Plea Bargain Allowed
Possession of dangerous Death and Fine from Php
Drugs (Where quantity of 500k to Php 10M
shabu, opium, morphine,
heroin, cocaine exceed 50
grams, etc.)
Section 11, par. 2 Life Imprisonment & Fine No Plea Bargain Allowed
Possession of Dangerous from Php 400k to Php
Drugs (Where the 500k
quantity of shabu is 10
grams or more but not
exceeding 50 grams)
Section 11, par.2 20 yrs and 1 day to Life No Plea Bargain Allowed
Possession of Dangerous Imprisonment & Fine
Drugs (Where the from Php 400k to Php
quantity of opium, 500k
morphine, heroin, cocaine
is 5 grams or more but
not exceeding 10 grams,
etc.)
Section 11, par. 3 12 yrs & 1 day to 20 years Sec. 15 6 mo. Rehab (1st offense)
Possession of Dangerous and Fine from Php 300k Use of dangerous Drugs 6 yrs & 1 day to 12 yrs &
Drugs (Where quantity of to Php 400k fine from Php 50k to Php
shabu, opium, morphine, 200k (for 2nd offense)
heroin, cocaine is less
than 5 grams, etc)
Section 12 6 months & 1 day to 4 Plea of Guilt with
Possession of Equipment, years and a Fine Ranging Recommendation by
Apparatus & Other from Php 10k to Php 50k Prosecution for a lesser
Paraphernalia for penalty allowed
Dangerous Drugs
Section 13 Possession of Maximum Penalties No Plea bargain Allowed
Dangerous Drugs During provided under Section
Parties, Social Gatherings 11 regardless of quantity
or Meetings or purity
Section 14 Possession of Maximum Penalty Section 12 Possession of 6 months & 1 day to 4
Equipment, Apparatus & provided under Section Equipment, Apparatus & years and a Fine Ranging
Other Paraphernalia for 12 other paraphernalia for from Php 10k to Php 50k
Dangerous Drugs During Dangerous Drugs
parties, Social Gatherings
or Meetings
Section 15 6 mos. Rehab for 1st No Plea bargain possible
Use of Dangerous Drugs offense; 6 yrs & 1 day to due to lack of a lesser
12 yrs & fine from Php offense
50k to Php 200k for 2nd
offense
Section 16, par. 1 Life Imprisonment to No Plea Bargain Allowed
Cultivating or Culture of Death and Fine from Php
Plants Classified as 500k to Php 10M
Dangerous Drugs or are
Sources thereof
Section 16, par. 3 Maximum Penalty No Plea Bargain Allowed
Acting as Financier
Acting as “ 12 yrs & 1 day to 20 yrs No Plea Bargain possible
Protector/Coddler” and Fine from Php 100k due to lack of lesser
to Php 500k offense (Plea of Guilt with
Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
Section 17 1 yr. and 1 day to 6 yrs, No Plea Bargain possible
Maintenance and Keeping and Fine from Php 10k to due to lack of lesser
of Original Records of Php 50k offense (Plea of Guilt with
transactions on Recommendation by
Dangerous Drugs and/or Prosecution for
Controlled Precursors & imposition of a lesser
Essential Chemicals penalty allowed)
Section 18 12 yrs and 1 day to 20 yrs No Plea Bargain possible
Unnecessary Prescription & Fine from Php 100k to due to lack of lesser
of Dangerous Drugs Php 500k with revocation offense (Plea of Guilt
of license of Practitioner with Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)

Section 19 Life Imprisonment to Section 18 12 yrs and 1 day to 20 yrs

Unlawful Prescription of Death & Fine from Php Unnecessary Prescription & Fine from Php 100k to
Dangerous Drugs 500k to Php 10M of Dangerous Drugs Php 500k with revocation
of license of Practitioner
Section 26 Penalty Provided in No Plea Bargain Allowed
Attempt or Conspiracy Previous Sections for
Importation, Sale,
Maintenance of Den,
Manufacture &
Cultivation of Dangerous
Drugs
Section 27 Life Imprisonment to Death No Plea Bargain
Criminal Liability of Public Officer and Fine from Php 500k to Allowed
or Employee for Misappropriation, Php 10M
Misapplication or Failure to
Account for Confiscated Dangerous
Drugs, etc.
Section 29 Death No Plea Bargain
Planting of Evidence Allowed
Section 32 6 mos. & 1 day to 4 yrs and No Plea Bargain
Liability of Person Violating any fine from Php 10k to Php 50k possible due to lack
regulation issued by the Dangerous of lesser offense
Drugs Board (Plea of Guilt with
Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
Section 37
Issuance of False or Fraudulent
Drug Test Results
Section 72
Liability of Person who violates
the Confidentiality of Records
(of drug dependent under
voluntary submission program)
Section 91, par. 1
Responsibility & Liability of Law and fine of not less than
Enforcement Agencies and
Other Government Officials and
Employees in Testifying as
Prosecution Witnesses in
dangerous Drugs Cases
6 yrs and 1 day to 12 yrs &
fine from Php 100k to Php
500k
6 mos. And 1 day to 6 yrs
and fine from 1k to Php 6k
12 yrs and 1 day to 20 yrs
Php 500k
No Plea Bargain possible
due to lack of lesser offense
(Plea of Guilt with
Recommendation by
Prosecution for imposition
of a lesser penalty allowed)
No Plea Bargain possible due
to lack of lesser offense
(Plea of Guilt with
Recommendation by
Prosecution for imposition
of a lesser penalty allowed)
Section 91, par.2 2 mos and 1
Liability of Immediate day but not
Superior if he failed to exert more than 6 yrs
reasonable effort to present and fine of not
witness to court less than
Php10k but not
more than Php
50k
Section 91, par. 2
Liability of Immediate Superior if
he failed to exert reasonable
effort to present witness to court
Section 91, par. 3
Failure of immediate Superior to
Inform Court of transfer or Re-
Assignment of Accused Law
Enforcement Agent
Section 92
Delay and Bungling in the
Prosecution of Drug Cases
2 mos and 1 day but not
more than 6 yrs and fine
of not less than Php 10k
but not more than Php
50k
2 mos and 1 day but nit
more than 6 yrs and fine of
not less than Php 10k but
not more than Php 50k
12 yrs and 1 day to 20 yrs
without prejudice to
further prosecution under
the RPC
No Plea Bargain possible
due to lack of lesser
offense (Plea of Guilt with
Recommendation by
Prosecution for
imposition of a lesser
penalty allowed)
No Plea Bargain possible
due to lack of lesser
offense (Plea of Guilt with
Recommendation by
Prosecution for imposition
of a lesser penalty
allowed)
No Plea Bargain possible
due to lack of lesser
offense (Plea of Guilt with
Recommendation by
Prosecution for imposition
of a lesser penalty
allowed)
 In cases where the imposable penalty is at least
life imprisonment, the trial prosecutor must first secure
the prior written consent of the City Prosecutor od
Provincial Prosecutor concerned to the plea bargain.
In all other cases, the trial prosecutor shall be
given full blanket written authority by the City of
Provincial Prosecutor to agree to a plea bargain at
anytime before the prosecution commences the
presentation of its evidence subject to the above
guidelines.
Thank You and Good Day…