(Eagle News) — The Supreme Court on Tuesday ruled that plea bargaining in drug cases is allowed.
In a press briefing, SC spokesperson Theodore Te said the High Court denied with finality a motion for reconsideration to its earlier decision that nullified a provision from the Comprehensive Dangerous Drugs Act barring the conduct of plea bargains.
The SC voted unanimously to declare Section 23 of the law unconstitutional in August, noting that the High Court had the sole power to promulgate procedural rules in criminal cases.
The decision stemmed from a petition filed by drug suspect Salvador Estipona Jr., who filed a plea bargain motion that was denied by Legazpi City Regional Trial Court Branch 3 Judge Frank Librogo on the grounds of Section 23 of the anti-drugs law.
In filing the petition before the SC in September, Estipona argued that provision in particular encroached on the High Court’s power and violated the equal protection of the law clause.
“The ruling on the motion must disclose the strength or weakness of the prosecution’s evidence. Absent any finding on the weight of the evidence on hand, the judge’s acceptance of the defendant’s change of plea is improper and irregular,” Te said.
