Number of drug convicts in city jail dives as SC allows plea bargaining

By LITO RULONA
Correspondent .

THE number of the inmates with drugelated cases has already declined after Supreme Court (SC) ruled with finality recently that the provision under the Comprehensive Dangerous Drugs Act (RA 9165) now allows plea bargaining in cases of violation of the drugs law.

This was disclosed by Male Dormitory Media Affairs & Community Relations Service Officer and spokesperson JO3 Orlando Vicente Montalban.

Montalban said the implementation of the SC ruling has had caused the depletion and reduction of number of inmates who have pending drugelated cases in court.

The records show from the Cagayan de Oro City Rehabilitation and Detention Center in Barangay Lumbia has reduced the number from 2,900 inmates is now down to 2,500.

“Drug cases mikunhod gyud kay daghan mi-avail sa plea bargaining agreement on several section related to usage and possession of illegal drugs during police raids and buy-bust operations,” he said.

The sections covered by plea bargaining agreement are sections 11 – possession of illegal drugs and paraphernalia, 12 – possession of illegal and dangerous drugs, and 15 – using of illegal and dangerous drugs of the RA 9165, he added.

“Section 5 which is Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals is not allowed to have a plea bargaining agreement kay kini palit man sa illegal nga droga,” he said.

Under section 5, the penalty of life imprisonment to death and a fine ranging from P500,000 to P10 million shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

In the previous years, the Court declared Section 23 of RA 9165, which prohibits plea bargaining for all drug offenses, to be unconstitutional for being contrary to the rulemaking authority of the Supreme Court in Article VIII, Section 5(5) of the Constitution.

However, a petition was filed a year ago by drug respondent Salvador Estipona Jr, who was caught in possession of 0.084 grams of shabu. He wanted to enter into a plea bargaining agreement but was rejected by the Legazpi City Regional Trial Court because RA 9165 specifically prohibits violators of the law to plead to a bargain.