The Dialogue brought together expert representatives from both the government and the civil society sector, who presented perspectives and experiences within the Philippine and United States context. The high-level dialogue was likewise attended by the Prosecutor General of the Philippines, Hon. Benedicto Malcontento of the Department of Justice and the National President of the Integrated Bar of the Philippines, Atty. Burt Estrada.
Atty. Ana Lisa Soriano, Deputy Chief Public Defender for Luzon, represented the Public Attorneys Office (PAO). PAO was the agency which represented the accused in the landmark decision of the Supreme Court, which currently provides opportunity for any individual accused of violating Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 to apply for plea bargaining. During the dialogue, Atty. Soriano shared PAO’s experience in the case of Estipona v. Lobrigo, in which the prosecution opposed the motion to plead guilty to a lesser offense, albeit having considered the possibility of plea bargaining except for the then clear and express prohibition under the law. Atty. Soriano additionally discussed that plea bargaining has been in practice in the country since the 1940s and is institutionalized as part of the Rules of Court. Atty. Soriano also discussed developments in other drug cases pending final determination, which might have possible ramifications on plea bargaining in drug cases in the future.
Atty. Aubree Sadural, Program Officer with Humanitarian Legal Assistance Foundation (HLAF), presented statistics on persons deprived of liberty (PDLs) as it relates to situations of Philippine detention facilities, particularly those within the jurisdiction of the Bureau of Jail Management and Penology (BJMP) under the Department of the Interior and Local Government. Significant data shared by Atty. Sadural included the increase of PDLs detained in BJMP jails from the 2015 figure of 96,000 detained individuals to 127,339 detained individuals in 2016. By 2019 the figure reached 130,667, wherein 74% or 127,803 of whom were charged with R.A. No. 9165. In 2020, following the Supreme Court decision in the Lobrigo case, there was a significant decline in the jail population to 115,336 individuals. Atty. Sadural explained that this development is attributed to the improved disposition of cases and plea bargaining in drug cases made available by Lobrigo. Atty. Sadural also shared the various challenges of PDLs, in particular those accused of having violated R.A. No. 9165, including limited trained physicians to conduct drug dependency examinations (DDE) necessary for rehabilitation of the accused and also the reservation of PDLs to avail of plea bargaining as it pertains to foreseeable consequences in employment after serving a sentence.
Hon. Richard Grawey, Retired Judge on the 10th Circuit Court of Illinois, United States provided the practical illustration of how individuals undertake plea bargaining in the United States. Judge Grawey explained that in the US, unlike in the Philippines, a judge would only be apprised by the existence of plea-bargaining application when it reaches the court docket and that discussions to plead guilty to a lesser offense are exclusive to the defendant and the prosecutor, both of whom can also raise such a possibility in contrast to the practice and procedure in other jurisdictions. As it pertains to how plea bargaining qualifies as acceptable, Judge Grawey enumerated factors taken into consideration by the judge, including the importance of ensuring that the defendant is not forced or coerced in the process, is represented by a competent counsel, and fully understands the guilty plea and its consequence particularly regarding waived trial rights. He further noted that while the process takes place in open court and the judge exercises discretion to approve the application for plea or not, it is not a requirement that the victim of the crime be present, nor do they have the right to oppose the plea bargaining. Judge Grawey also gave recommendations on factors necessary to achieve just results in plea bargaining agreements, including ethical standards for all lawyers involved, and to pursue justice and not merely to convict.
"The dialogue on plea bargaining was very informative. It is timely for the lawyers in both government and private practice, whose work involves drug cases, and for the accused as well. Having poll questions were very insightful as it helped one discern an issue while listening to the speaker. Thank you very much for such a wonderful dialogue." - Atty. Evangeline Capuno, Clerk of Court
Prosecutor General Hon. Malcontento shared that Secretary of Justice Hon. Menardo Guevarra has convened a task force within the Office of the Prosecutor General to undertake revisions to DOJ Circular No. 27. The Prosecutor General also emphasized that plea bargaining in drug cases in 2019 alone has facilitated the disposition of 120,368 cases, which demonstrates the willingness of criminal justice actors to explore alternative means to achieve justice within the bounds of the law.
Survey Results
The participants in the forum, consisting of judges, lawyers, paralegals and advocates from government and civil society organizations, were requested to respond to 8 questions to determine their awareness of the plea-bargaining process in the Philippines and the United States. The pre-test results showed that more than half of the respondents (68%) got the correct answers (Chart 1), indicating the group’s level of knowledge of the topics to be discussed. As a result of the Dialogue on Plea Bargaining in drug cases, participants’ knowledge increased by 26% as revealed by the results of the post-test results where 86% of the respondents got correct answers.
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