Case Digest (G.R. No. 257733)
Facts:
James Billoso y Obligar, G.R. No. 257733, January 11, 2023, Supreme Court Second Division, Lopez, J., writing for the Court. Petitioner James Billoso y Obligar (with co-accused Dave Billoso y Capapas) was charged in two informations with (a) sale of methamphetamine hydrochloride (shabu) in violation of Section 5 in relation to Article II, Section 26 of Republic Act No. 9165 (Criminal Case No. C-224-18) and (b) possession of multiple sachets of shabu in violation of Article II, Section 11 of RA 9165 (Criminal Case No. C-225-18). The informations recited a July 10, 2018 buy-bust operation in Roxas City in which a police poseur buyer allegedly received a heat-sealed sachet and buy-bust money was recovered.At arraignment on August 1, 2018, Billoso and his co-accused pleaded not guilty but concurrently filed a written Proposal for Plea Bargaining to plead guilty to the lesser offense under Article II, Section 12 of RA 9165. The prosecution filed a Comment/Objection arguing (1) prosecution policy (DOJ Circular No. 027-18) directed prosecutors not to accept plea bargains for certain Section 5 offenses, and (2) the prosecution’s evidence was sufficient to convict the accused of the original, more serious charges.
On January 24, 2019, the Regional Trial Court (Branch 16, Roxas City) granted the plea-bargaining proposals over the prosecution’s objection, re-arraigned the accused on the lesser offense, and ultimately convicted Billoso and his co-accused of violations of Article II, Section 12 of RA 9165, imposing jail terms and fines and directing rehabilitation and forfeitures. The Office of the Solicitor General (OSG) moved for reconsideration; the RTC denied the motion as filed out of time.
The OSG filed a Petition for Certiorari with the Court of Appeals (CA) seeking annulment of the RTC Decision and reinstatement of the original criminal proceedings. In CA-G.R. SP No. 12761, the CA (19th Division) granted the petition, reversed and set aside the RTC Decision and Order, and ordered the RTC to immediately proceed with the original criminal cases. The CA denied...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in annulling the RTC’s Decision and Order and ordering reinstatement and continuation of the criminal proceedings against petit...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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