SC: Prosecutors must raise all objections to plea bargain
In a 14-page decision promulgated in January, the SC En Banc updated its Clarificatory Guidelines on Plea-Bargaining in Drug Cases, also known as the Montierro guidelines.
'In effect, where the prosecution's objection is anchored only on one or a few-but not all-grounds for opposing such proposal, all other possible grounds not thus raised shall be deemed waived,' the SC said.
The SC issued the remark as it found an individual guilty of illegal possession of drug paraphernalia under the Comprehensive Dangerous Drugs Act of 2002.
He was initially charged for selling and possessing shabu.
The court said he asked the regional trial court (RTC) to allow him to plead guilty to illegal possession of drug paraphernalia, a lesser crime, for both charges.
The prosecution agreed to the possession charge but objected to the drug sale as it violated the rules of the Department of Justice (DOJ).
However, the RTC allowed the plea and convicted the man of the lesser crime.
The ruling was overturned by the Court of Appeals (CA), which said that the plea bargain required the prosecution's consent.
For its part, the SC disagreed with the Court of Appeals, citing the case of People v. Montierro, where it ruled that courts may reject the prosecution's objection to a plea bargain in drug cases if they are only objecting due to violations of DOJ rules.
However, the SC also clarified that courts do not have unlimited authority and cannot reject the objection if it is based on valid grounds.
The SC promulgated the following additional guidelines to supplement those already laid down in Montierro:
Where the prosecution's objection to an accused's motion for plea bargaining is grounded on only a few but not all possible grounds for opposing the motion, it is understood that the prosecution is waiving the grounds not thus raised
Where the prosecution has raised multiple grounds in its position, but the trial court only ruled in one but was silent with regard to the rest, the trial court shall be directed to rule on such pending issues in accordance with the principles in Montierro and this case
Where the records before the Court are incomplete to determine if it falls in any of the preceding scenarios, the trial court shall be directed to rule again on the matter following the principles laid down in Montierro and this case.
— RSJ, GMA Integrated News
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