Case Digest (G.R. No. 131638-39)
Facts:
The case involves petitioner Teresito Radonis Quiqui, who was charged on November 12, 2016, in Dumaguete City with Illegal Sale of Dangerous Drugs under Section 5, Article II of Republic Act No. 9165, also known as the "Comprehensive Dangerous Drugs Act of 2002." The charge stemmed from an incident where petitioner was accused of selling a heat-sealed plastic sachet containing 0.10 gram of Methamphetamine Hydrochloride ("shabu") to a poseur buyer. Upon arraignment, petitioner pleaded not guilty. During trial, he filed a motion to enter into a plea bargain to a lesser offense, specifically Illegal Possession of Drug Paraphernalia under Section 12, Article II of RA 9165. The prosecution opposed the plea bargain, citing Department of Justice (DOJ) Circular No. 027, which prescribed that for illegal sale involving less than five grams of shabu, the acceptable plea bargain would be violation of Section 11, Article II of RA 9165. Nevertheless, the Regional Trial Court (Branch 38, Duma...Case Digest (G.R. No. 131638-39)
Facts:
- Filing and Charges
- Teresito Radonis Quiqui (petitioner) was charged with Illegal Sale of Dangerous Drugs under Section 5, Article II of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165), specifically for allegedly selling on or about November 12, 2016, in Dumaguete City, a heat-sealed plastic sachet containing 0.10 gram of Methamphetamine Hydrochloride ("shabu").
- Upon arraignment, petitioner pleaded "Not Guilty".
- Plea Bargaining Motion
- During trial, petitioner filed an Urgent Motion to Enter into Plea Bargaining, seeking to plead guilty to the lesser offense of Illegal Possession of Drug Paraphernalia under Section 12, Article II of RA 9165 instead of Illegal Sale under Section 5.
- The motion was opposed by the prosecution, citing DOJ Department Circular No. 027, which prescribed that for sale of shabu less than five grams, the acceptable plea bargain is violation of Section 11, Article II (Illegal Possession of Dangerous Drugs), not Section 12.
- Ruling of the Regional Trial Court (RTC)
- The RTC Branch 38, Dumaguete City, issued Orders dated September 7 and October 31, 2018, approving the plea bargaining proposal despite prosecution's opposition. The RTC noted the low quantity of drugs involved (0.10 gram) and the rationale under A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drug Cases).
- Upon re-arraignment, petitioner pleaded "Guilty" to violation of Section 12.
- RTC rendered Judgment dated September 18, 2018, convicting petitioner of Illegal Possession of Drug Paraphernalia with the penalty of 2 to 4 years imprisonment and a P50,000 fine.
- Appeal to the Court of Appeals (CA)
- The People, via the Office of the Solicitor General (OSG), filed a Petition for Certiorari under Rule 65 before the CA, assailing the RTC's Orders and Judgment for allegedly grave abuse of discretion in approving the plea bargain against prosecution's opposition.
- CA issued Decision dated September 7, 2020, reversing and declaring void the RTC's plea bargain approval Orders and Judgment, and ordering the RTC to proceed with the original charge.
- Petitioner’s motion for reconsideration before the CA was denied on July 21, 2021.
- Supreme Court Review
- Petitioner filed a Petition for Review on Certiorari under Rule 45 to challenge the CA decision.
- The Supreme Court took judicial notice of DOJ Department Circular No. 018 (dated May 10, 2022), which revoked DOJ Circular No. 027, and allowed plea bargaining to the lesser offense of Section 12 for sale of shabu between 0.01 to .99 grams.
Issues:
- Whether the Court of Appeals erred in declaring the petitioner’s plea bargaining proposal void despite the trial court’s approval.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)