SC requires prosecution to raise all objections in drug cases plea bargaining | ABS-CBN

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SC requires prosecution to raise all objections in drug cases plea bargaining

Adrian Ayalin,

ABS-CBN News

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MANILA -- The Supreme Court ruled that prosecutors must raise all their objections when an accused offers to plead guilty to a lesser crime in drug cases.

In a decision promulgated on January 28, 2025, the court en banc stressed that objections not raised by the prosecution are considered waived.

In its ruling penned by Associate Justice Japar Dimaampao, Rodulfo Aquino was found guilty of illegal possession of drug paraphernalia.

The high court also updated its Clarificatory Guidelines on Plea-Bargaining in Drugs Cases which is also known as the Montierro guidelines.

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Aquino was charged for selling and possessing shabu but asked the Regional Trial Court to allow him to plead guilty to the lesser crime of illegal possession of drug paraphernalia for both charges.

The RTC was unable to evaluate Aquino’s case because he submitted his plea before the prosecution could present its evidence.

The SC noted that in similar cases, the court sent the cases back to the RTC but only caused delays in the resolution.

“Thus, any time and effort ‘saved’ by the plea bargaining system is effectively rendered nugatory as the trial court must again reopen the case and receive the prosecution’s evidence,” the SC said in a statement.

The SC issued the following guidelines to supplement those laid down in the Montierro ruling: If the prosecution objects to a plea bargaining motion but cites only some possible grounds, any other ground not raised is considered waived.

If the prosecution raises several objections, but the trial court addresses only one, the appellate court or the SC shall direct the trial court to resolve the remaining issues based on the Montierro guidelines and this case.

If the records before the appellate court or the SC are incomplete and it is unclear whether either of the above scenarios applies, the trial court shall be directed to rule again on the matter, applying the principles in Montierro and this case.

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