Chan to judges: Be stricter

LAPU-LAPU City Mayor Junard “Ahong” Chan is urging judges and prosecutors in the city to be stricter in granting plea bargaining agreements, particularly for individuals convicted of illegal drug-related offenses.

During a media briefing on Monday, Feb. 5, 2024, Chan said he initiated the move after observing that many crimes in the city were often linked to the use and sale of illegal drugs.

Chan attributes most of these crimes to drug suspects who had been freed after availing of a plea bargaining agreement.

He cited the killing of Lapu-Lapu City Public Market consultant Christopher Ceniza last Jan. 2. He said the gunman and the driver of the suspect’s getaway motorcycle were both convicted of a drug case but were freed after they successfully availed of a plea bargain.

The alleged gunman was arrested in a buy-bust operation seven days after Ceniza’s murder.

On Monday, the mayor held a meeting with the city’s judges and the City Prosecutor’s Office to request for reconsideration of the parameters for granting plea bargain applications, especially for cases related to illegal drugs.

The Supreme Court defines plea bargaining as a process in which the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading.

As per the plea bargaining framework, an accused charged with violating Section 5 of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002, is allowed to plea bargain only when the amount involved is between 0.01 grams to 0.99 grams of methamphetamine hydrochloride or shabu.

SC rules

According to the Supreme Court, even if both the prosecution and the defense agree to enter into a plea bargain, it is left to the judge’s discretion to approve or deny the proposal.

Before making a decision, the judge should take into account several factors, including the character of the accused.

Plea bargaining is not allowed in certain instances such as when objections are valid and supported by evidence. Valid objections include the following: the offender is a recidivist, habitual offender, known in the community as a drug addict or troublemaker; has undergone rehabilitation but had a relapse; or has been charged many times.

Similarly, if the evidence of guilt is strong, plea bargaining is not allowed.

Plea bargaining in drug cases is also not allowed if the proposed plea bargain does not meet the plea bargaining framework in drug cases issued by the Supreme Court.

Judges can overrule the prosecution’s objection if it is solely based on the ground that the plea bargaining proposal of the accused is inconsistent with the Department of Justice’s internal rules or guidelines, but is in accordance with the plea bargaining framework issued by the High Court.

Chan said around 1,000 drug suspects were freed from the Lapu-Lapu City Jail (LCJ) in 2023 on the basis of plea bargaining agreements, while almost a thousand other plea bargains are still pending at this time.

Officials at the LCJ revealed that more than half of the jail’s inmates were arrested for drug-related offenses.

“That’s why we will convey to the judges and fiscals how we can help. Let’s work together because we see the situation in the city; (we will join hands so) that crime and the sale of illegal drugs do not increase,” said Chan in Cebuano.

Chan declined to reveal specific agreements entered into by the City and members of the judiciary during their meeting, citing confidentiality of this

information.