Case Digest (G.R. No. 257683)
Facts:
People of the Philippines, Petitioner, v. Rene Esma y Joven, Respondent, G.R. No. 250979, January 11, 2023, Supreme Court Third Division, Inting, J., writing for the Court.The respondent, Rene Esma y Joven, was charged in two informations (Criminal Case Nos. R‑TAC‑15‑00331‑CR and R‑TAC‑15‑00332‑CR) with violations of Sections 5 and 11, Article II of R.A. No. 9165 for the alleged sale (0.0416 g) and possession (total 0.0694 g) of "shabu." The sale count alleged delivery to a poseur‑buyer; the possession count alleged control of two sachets later confirmed as shabu.
While the trial was pending, respondent filed a Motion to Allow Accused to Plea Bargain (July 21, 2018), seeking to plead guilty to the lesser offense under Section 12, Article II of R.A. No. 9165 (possession of paraphernalia). The public prosecutor opposed the motion, invoking DOJ Department Circular No. 27 and contending that, where the charged offense is illegal sale with quantity less than five grams, the acceptable plea bargain under that circular is to Section 11 (possession), not to Section 12; for the possession information the prosecution asked for time to study the motion because trial had commenced.
Branch 8, Regional Trial Court (RTC), Tacloban City, after hearing submissions, issued a Joint Order dated July 30, 2018 approving the plea bargain subject to conditions (drug dependency examination at Eastern Visayas Regional Medical Center and possible rehabilitation or counseling) and set re‑arraignment. The RTC found the plea bargain consistent with the rationale of the law and A.M. No. 18‑03‑16‑SC (the Court’s Plea Bargaining Framework in Drugs Cases). The RTC denied the prosecution’s motion for reconsideration in an August 30, 2018 order.
The Office of the Solicitor General (on behalf of the People) filed a Petition for Certiorari under Rule 65 before the Court of Appeals (CA), arguing that the RTC gravely abused its discretion in approving the plea bargain despite the prosecution’s objection. The CA, in Consolidated Decision CA‑G.R. CEB SP No. 12227 dated November 22, 2019 (penned by Associate Justice Gabriel T. Ingl...(Subscriber-Only)
Issues:
- Whether the Court of Appeals erred in disregarding the principles of mutuality and consensuality in plea‑bargaining agreements.
- Whether approval of the plea‑bargaining agreement over the prosecution’s objection violated the People’s right to proced...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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