1)1 I '
EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R e g u la r S essio n  
}
'19 JUL 15 A10 57 
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S E N A T E
S.B. No. 432
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 20 0 2 , 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 C onstitution 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.
O ur laws allow plea bargaining for violation of all crim inal laws 
including heinous crim es except for violation of any provisions of the
1 Antonio Nachura, Oulline Reviewer in Polilical Ixtw (Manila: VJ Graphic Arts, Inc., 
2015), 139.


D angerous 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 D angerous Drugs Act of 2002, specifically for sm all time or low 
level drug u sers and for personal possession of illegal drugs.
In aim ing for a  drug-free nation, an im m ense part of the drug 
eradication cam paign im plicates these so-called “sm all tim e” or “low- 
level” drug users and those 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


. . 
T  
l.i
EIGHTEENTH CONGRESS OF THE 
} 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R e g u la r S essio n  
}
S E N A T E  
S.B. No. 4S2
’19 JUL 15 AiQ 57
(f-
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 
200 2 , ALLOWING PLEA-BARGAINING IN CERTAIN CASES
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assem bled:
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
5 
allowed to avail of the provision on plea-bargaining.j PLEA BARGAINING
6 
MAY BE ALLOWED ONLY IN ANY OF THE FOLLOWING ACTS
7 
PUNISHABLE 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;


1 
(2) FOR POSSESSION OF DANGEROUS DRUGS IF THE QUANTITIES
2 
OF DANGEROUS DRUGS ARE LESS THAN FIVE (5) GRAMS OF
3 
OPIUM, 
MORPHINE, 
HEROIN, 
COCAINE 
OR 
COCAINE
4 
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN
5 
OIL, METHAMPHETAMINE HYDROCHLORIDE OR "SHABU ”, OR
6 
OTHER DANGEROUS DRUGS SUCH AS, BUT NOT LIMITED TO,
7 
MDMA OR "ECSTASY", PMA, TMA, LSD, GHB, AND THOSE
8 
SIMILARLY DESIGNED OR NEWLY INTRODUCED DRUGS AND
9 
THEIR DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC
10 
VALUE OR IF THE QUANTITY POSSESSED IS FAR BEYOND
11 
THERAPEUTIC 
REQUIREMENTS; 
OR 
LESS 
THAN 
THREE
12 
HUNDRED (300) GRAMS OF MARIJUANA;
13 
(3) FOR POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS
14 
AND OTHER PARAPHERNALIA FOR DANGEROUS 
DRUGS.
15 
PROVIDED, THAT IT CAN BE PROVED THAT SAID POSSESSION
16 
IS FOR H IS/H ER  PERSONAL USE WHICH IS IN A REASONABLE
17 
QUANTITY AS DETERMINED BY THE COURT;
18 
(4) FOR POSSESSION OF DANGEROUS DRUGS DURING PARTIES,
19 
SOCIAL GATHERINGS OR MEETINGS, OR IN THE PROXIMATE
20 
COMPANY OF AT LEAST TWO (2) PERSONS. PROVIDED, THAT
21 
THE QUANTITIES OF DANGEROUS DRUGS ARE LESS THAN
22 
FIVE (5) GRAMS OF OPIUM, MORPHINE, HEROIN, COCAINE OR
23 
COCAINE 
HYDROCHLORIDE, 
MARIJUANA 
RESIN 
OR
24 
MARIJUANA 
RESIN 
OIL, 
METHAMPHETAMINE
25 
HYDROCHLORIDE OR "SHABU", 
OR OTHER DANGEROUS
26 
DRUGS SUCH AS, BUT NOT LIMITED TO, MDMA OR "ECSTASY",
27 
PMA, TMA, LSD, GHB, AND THOSE SIMILARLY DESIGNED OR
28 
NEWLY INTRODUCED 
DRUGS AND 
THEIR 
DERIVATIVES,
29 
WITHOUT HAVING ANY THERAPEUTIC VALUE OR IF THE
30 
QUANTITY 
POSSESSED 
IS 
FAR 
BEYOND 
THERAPEUTIC


1 
REQUIREMENTS; OR LESS THAN THREE HUNDRED (300)
2 
GRAMS OF MARIJUANA; AND
3 
(5) FOR POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS
4 
AND 
OTHER 
PARAPHERNALIA 
FOR 
DANGEROUS 
DRUGS
5 
DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS, OR IN
6 
THE PROXIMATE COMPANY OF AT LEAST TWO (2) PERSONS.
7 
PROVIDED, THAT IT CAN BE PROVED THAT SAID POSSESSION
8 
IS FOR H IS/H ER  PERSONAL USE WHICH IS IN A REASONABLE
9 
QUANTITY AS DETERMINED BY THE COURT.
10 
SECTION 2. S e p a ra b ility  C lause.- If any part of this Act is declared
11 
unconstitutional or invalid such parts or provisions thereof not so declared
12 
shall rem ain valid and subsisting.
13 
SECTION 3. R ep ealin g  C lause.- All laws, decrees, executive orders,
14 
issuances or regulations inconsistent with the provisions of this Act shall
15 
hereby revised or am end accordingly.
16 
SECTION 4. E ffectivity C lause.- This Act shall take effect fifteen
17 
(15) days after its publication in at least two (2) new spaper of general
18 
circulation.
19 
Approved,