G.R. No. 258893 - Aurellano vs. People

Raul Domen y Aurellano was charged under two criminal cases: Criminal Case No. 2017-24487 for Illegal Sale of Dangerous Drugs and Criminal Case No. 2017-24488 for Illegal Possession of Dangerous Drugs.
On May 29, 2017, in Dumaguete City, Raul allegedly sold one heat-sealed sachet containing 0.04 gram of Methamphetamine Hydrochloride to a police poseur buyer.
Raul was also charged with possessing eleven heat-sealed sachets totaling 0.91 gram of Methamphetamine Hydrochloride on the same date and place.
Chemistry Report No. DT-164-17 confirmed Raul tested positive for Methamphetamine use.

Upon arraignment, Raul pleaded not guilty but later filed a Motion for Plea Bargaining on August 2, 2018, offering to plead guilty to the lesser offense under Section 12 of Republic Act No. 9165 for both charges.
The prosecution agreed to plea bargaining for the possession charge but rejected it for the illegal sale charge based on DOJ Circular No. 027, which prohibited plea bargaining for illegal sale of dangerous drugs.
The Regional Trial Court (RTC), Branch 30, Dumaguete City, granted Raul’s Motion for Plea Bargaining on August 9, 2018 and rendered a Joint Judgment convicting him of violations of Section 12 of RA 9165 in both cases, sentencing him to imprisonment and fines.
The prosecution filed for reconsideration which the RTC denied.
The prosecution filed a petition before the Court of Appeals (CA) seeking to reverse the RTC’s allowance of the plea bargain for the illegal sale charge.

The CA ruled in favor of the prosecution, setting aside the RTC orders and Joint Judgment concerning Criminal Case No. 2017-24487 (illegal sale charge).
The CA held that without consent from the prosecution, the plea bargain for illegal sale was improper, citing DOJ Circular No. 027 and stated that plea bargaining requires mutual agreement.
The CA ordered the trial to proceed for the illegal sale charge.
Raul's motion for reconsideration at the CA was denied.

Whether the Regional Trial Court gravely abused its discretion in approving Raul Domen y Aurellano’s plea bargain for the illegal sale charge despite the prosecution’s objection based on DOJ Circular No. 027, which prohibited plea bargaining in illegal sale cases.