the court shall after arraignment and within thirty 30 days from the date the

The court shall after arraignment and within thirty

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the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following: (a) plea bargaining; xxx } At any stage in the proceeding
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Plea Bargaining Framework in Drugs Cases (A.M. 18-03-16-SC ) } The Philippine Judges Association submitted to the SC a Suggested Plea Bargaining Framework for cases involving Violation of RA 9165 } On April 6, 2018, a revised plea bargaining framework, which is more simplified, incorporated therein the suggestions of the members of the En Banc were submitted } On April 10, 2018, approved the revised plea bargaining framework with modifications containing the suggested revision } Revisions: (1) exception to probation of offenses involving illegal drug-trafficking or pushing under Section 5 in relation to Section 24 of R.A. No. 9165; (2) non-applicability of plea bargaining in cases where the penalty is life imprisonment or life imprisonment to death
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Plea Bargain in Possession Cases (Sec 11) Offense Charged: Section 1 I, par. 3 Where quantity of shabu, opium, morphine, heroin, cocaine is less than 5 grams; marijuana is less than 300 grams Acceptable Plea Bargain Penalty Quantity Allowed Lower Offense Penalty 12 years & 1 day to 20 years and Fine ranging from P300,000 to P400,000 For shabu, opium, morphine, heroin, cocaine: 0.01 gram to 4.99 grams For marijuana: 0.01 gram to 299.99 grams Section 12. Possession of Equipment, Instrument, Apparatus, & Other Paraphernalia for Dangerous Drugs 6 months & 1 day to 4 years and a fine ranging from P10,000 to P50,000
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Plea Bargain in Possession Cases (Sec 11) Offense Charged: Section 1 I, par. 2 Where quantity of shabu, opium, morphine, heroin, cocaine is 5g or more but less than 10g; marijuana is 300 g or more but less than 500g Acceptable Plea Bargain Penalty Quantity Allowed Lower Offense Penalty 20 years to life imprisonment and Fine ranging from P400,000 to P500,000 For shabu, opium, morphine, heroin, cocaine: 5 gram to 9.99 grams For marijuana: 300 grams to 499 grams Section 11, par. 3, Possession of Dangerous Drugs 12 years & 1 day to 20 years and Fine ranging from P300,000 to P400,000 500g & above for marijuana; 10g & above for shabu ° PLEA BARGAIN NOT ALLOWED
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Plea Bargain in Possession Cases (Sec 12) Offense Charged: Section 12. Possession of Equipment, Instrument, Apparatus, & Other Paraphernalia for Dangerous Drugs Acceptable Plea Bargain Penalty Quantity Allowed Lower Offense Penalty 6 months & 1 day to 4 years and a fine ranging from P10,000 to P50,000 N/A Section 15. Use of Dangerous Drugs 6 mos. treatment & rehabilitation (positive for drug dependency test) OR Undergo counselling program at rehab center (negative for drug dependency test)
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Plea Bargain in Possession Cases (Sec 14)
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  • Fall '19
  • Gilbert R. Huafana

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