Case Digest (G.R. No. 226679)
Facts:
Salvador Estipona, Jr. y Asuela v. Hon. Frank E. Lobrigo, et al., G.R. No. 226679, August 15, 2017, Supreme Court En Banc, Peralta, J., writing for the Court. Petitioner Salvador A. Estipona, Jr. was charged in RTC Branch 3, Legazpi City with violation of Section 11, Article II of R.A. No. 9165 (possession of dangerous drugs). The Information alleged possession of a heat-sealed sachet containing 0.084 gram of a substance later found positive for methamphetamine hydrochloride (shabu). On June 15, 2016, Estipona moved to withdraw his plea of not guilty and to enter into a plea-bargaining agreement to plead guilty instead to a lesser offense—violation of Section 12, Article II of R.A. No. 9165 (possession of paraphernalia)—seeking rehabilitation as a first-time offender given the minute quantity seized.The prosecution opposed the motion, invoking Section 23 of R.A. No. 9165, which declares that “[a]ny person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining,” and thereby moved for denial. The RTC, in an Order dated July 12, 2016, denied Estipona’s motion, reasoning that a declaration that Section 23 is unconstitutional would involve the lower court in a far-reaching constitutional ruling better left to the Supreme Court; the RTC observed that plea bargaining is a component of the Rules on Criminal Procedure (Rule 118) and suggested potential encroachment on the Court’s rule-making power if Section 23 were declared invalid by a lower court. A motion for reconsideration was denied on July 26, 2016.
Estipona filed a petition for certiorari and prohibition before the Supreme Court (with urgent prayer for TRO/PI) contesting the constitutionality of Section 23 on equal protection and rule-making grounds and alleging that the RTC committed grave abuse of discretion by refusing to strike down Section 23. The Office of the Solicitor General raised a suite of procedural objections (non-impleader of Congress, collateral attack prohibition, standing, absence of justiciable controversy), but the Court exercised its discretion to ...(Pro-only)
Issues:
- Did the Regional Trial Court, as presided by Hon. Frank E. Lobrigo, commit grave abuse of discretion amounting to lack or excess of jurisdiction when it refused to declare Section 23 of R.A. No. 9165 unconstitutional?
- Does Section 23 of R.A. No. 9165 encroach upon the Supreme Court’s exclusive rule‑making power under Article VIII, Section 5(5) of the 1987 Constitution by prohibiting plea bargaining?
- Is Section 23 of R.A. No. 9165 unconstitutional for violating the constitu...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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