SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
F irst R e g u la r S ession 
}
S E N A T E  
S.B. No. J r4 2 3
J e n n ie
of tl;r e r : r rtorp
‘17 HAY-2 P3:30
RLCiilVcDbY;
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT AMENDING SECTION 23 OF REPUBLIC ACT NO. 9165, 
OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS 
ACT OF 2002, ALLOWING PLEA BARGAINING IN CERTAIN CASES
EXPLANATORY NOTE
O ur constitutional right to the equal protection of the law is 
guaranteed under Section 1, Article III of the 1987 Constitution that states: 
No person shall be deprived of life, liberty, or property w ithout due process 
of law, nor shall any person be denied the equal protection of the laws.
The equal protection clause provides th at all persons or things 
similarly situated should be treated alike, both as to the rights conferred 
and responsibilities im posed1.
Our laws allow plea bargaining for violation of all crim inal laws 
including heinous crim es except for violation of any provisions of the 
Dangerous Drugs Act of 2002. This lone exception to exercise plea 
bargaining is not sustained by any real and substantial distinction between 
a drug offender and other crim inals.
The purpose of this m easure is to allow plea bargaining in violation of 
the Dangerous Drugs Act of 2002, specifically for sm all time or low level 
drug users and for personal possession of illegal drugs.
In aiming for a drug-free nation, an imm ense part of the drug 
eradication cam paign implicates these so-called “small tim e” or “low-level”
1 Antonio Nachura, Outline/Reviewer in Political Law (Manila: VJ Graphic Arts, Inc., 2015), 
139.


drug users and tJiose in possession of illegal drugs for their personal 
consum ption. The unparalleled num ber of sm all time drug cases pending in 
courts causes burden to the country’s crim inal justice system  as regards to 
costs and efficiency in the speedy disposition of cases.
Plea bargaining in these “small tim e” or “low-level” drug cases will 
result in the prom pt and final disposition of cases th at in effect will declog 
the court dockets and our jails. More im portantly, the prom pt disposition of 
cases will facilitate the timely rehabilitation of the accused and their 
eventual reintegration to the society and the working force.
Hence, in the interest of justice and for the m utual benefit of the State 
and the accused, the passage of this bill is earnestly sought.
VICENTE C. SOTTO III


SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
F irst R e g u la r S ession 
}
S E N A T E
s .B . No. 1429
o( t;-.f s-'*trrta rj»
'17 HAY-2 P3 ;30
RECciVcU BV:
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING SECTION 23 OF REPUBLIC ACT NO. 9165, OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, 
ALLOWING PLEA-BARGAINING IN CERTAIN CASES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Section 23 of Republic Act 9165 is hereby am ended to
2 
read as follows:
3 
“SECTION 23. Plea-Bargaining Provision- [Any person charged under any
4 
provision of this Act regardless of the imposable penalty shall not be allowed
5 
to avail of the provision on plea-bargaining.] PLEA BARGAINING MAY BE
6 
ALLOWED ONLY IN ANY OF THE FOLLOWING ACTS PUNISHABLE
7 
UNDER REPUBLIC ACT 9165:
8 
(1) FOR A PERSON WHO IS FOUND TO BE POSITIVE FOR USE OF
9 
ANY DANGEROUS DRUG FOR A SECOND TIME, AFTER A
10 
CONFIRMATORY TEST;
11 
(2) FOR POSSESSION OF DANGEROUS DRUGS IF THE QUANTITIES
12 
OF DANGEROUS DRUGS ARE LESS THAN FIVE (5) GRAMS OF
13 
OPIUM, 
MORPHINE, 
HEROIN, 
COCAINE 
OR 
COCAINE
14 
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN
15 
OIL, METHAMPHETAMINE HYDROCHLORIDE OR "SHABU", OR
16 
OTHER DANGEROUS DRUGS SUCH AS, BUT NOT LIMITED TO,
17 
MDMA OR "ECSTASY", PMA, TMA, LSD, GHB, AND THOSE
18 
SIMILARLY DESIGNED OR NEWLY INTRODUCED DRUGS AND


1 
THEIR DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC
2 
VALUE OR IF THE QUANTITY POSSESSED IS FAR BEYOND
3 
THERAPEUTIC 
REQUIREMENTS; 
OR 
LESS 
THAN 
THREE
4 
HUNDRED (300) GRAMS OF MARIJUANA;
5 
(3) FOR POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS
6 
AND 
OTHER 
PARAPHERNALIA 
FOR 
DANGEROUS 
DRUGS.
7 
PROVIDED, THAT IT CAN BE PROVED THAT SAID POSSESSION IS
8 
FOR H IS/H ER  PERSONAL USE WHICH IS IN A REASONABLE
9 
QUANTITY AS DETERMINED BY THE COURT;
10 
(4) FOR POSSESSION OF DANGEROUS DRUGS DURING PARTIES,
11 
SOCIAL GATHERINGS OR MEETINGS, OR IN THE PROXIMATE
12 
COMPANY OF AT LEAST TWO (2) PERSONS. PROVIDED, THAT
13 
THE QUANTITIES OF DANGEROUS DRUGS ARE LESS THAN FIVE
14 
(5) GRAMS OF OPIUM, MORPHINE, HEROIN, COCAINE OR
15 
COCAINE HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA
16 
RESIN OIL, METHAMPHETAMINE HYDROCHLORIDE OR "SHABU",
17 
OR OTHER DANGEROUS DRUGS SUCH AS, BUT NOT LIMITED TO,
18 
MDMA OR 
"ECSTASY", PMA, TMA, LSD, GHB, AND THOSE
19 
SIMILARLY DESIGNED OR NEWLY INTRODUCED DRUGS AND
20 
THEIR DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC
21 
VALUE OR IF THE QUANTITY POSSESSED IS FAR BEYOND
22 
THERAPEUTIC 
REQUIREMENTS; 
OR 
LESS 
THAN 
THREE
23 
HUNDRED (300) GRAMS OF MARIJUANA; AND
24 
(5) FOR POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS
25 
AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS DURING
26 
PARTIES, SOCIAL GATHERINGS OR MEETINGS, OR IN THE
27 
PROXIMATE 
COMPANY 
OF 
AT 
LEAST 
TWO 
(2) 
PERSONS.
28 
PROVIDED, THAT IT CAN BE PROVED THAT SAID POSSESSION IS
29 
FOR H IS/H ER  PERSONAL USE WHICH IS IN A REASONABLE
30 
QUANTITY AS DETERMINED BY THE COURT.
31 
SECTION 2. S e p a ra b ility  C lause.- If any part of this Act is declared
32 
unconstitutional or invalid such parts or provisions thereof not so declared
33 
shall rem ain valid and subsisting.


1 
SECTION 3. R ep ealin g  C lause.- All laws, decrees, executive orders,
2 
issuances or regulations inconsistent with the provisions of this Act shall
3 
hereby revised or am end accordingly.
4 
SECTION 4. E ffectivity C lause.- This Act shall take effect fifteen (15)
5 
days after its publication in at least two (2) new spaper of general circulation.
6 
Approved,