DRUG OFFENDERS NO LONGER ENTITLED TO PLEA BARGAINING, PROBATION

Persons accused of drug crimes are now banned from availing themselves of
the provision on plea bargaining, and once convicted in court they will lose
the privilege granted by the probation law, Sen. Renato Cayetano said
yesterday.

Under the new Dangerous Drugs Law or Republic Act 9165, all drug convicts
are now prohibited from availing of the benefits of probation.

"In the past, many drug offenders resorted to plea bargaining and abused the
probation law to avoid serving time in prison," the senator said.

Cayetano disclosed that previously, many accused pushers facing 12 to 30
years in prison simply pleaded guilty to a less grave drug offense
punishable by six years in prison or less and after conviction, they simply
sought probation.

"So we actually had cases wherein convicted pushers were able to go
scot-free and able to ply their nefarious trade the following day," Cayetano
said.

"The new Dangerous Drugs Law has put an end to this anomaly. Pushers can no
longer avail of plea bargaining for the purpose of probation," he added.

Section 23 of RA 9165 provides that: "Any person accused of any drug offense
regardless of the impossible penalty shall not be allowed to avail of the
provision on plea bargaining."

Section 24 declares that: "Any person convicted of drug trafficking or
pushing, regardless of the penalty imposed by the court, cannot avail of the
privilege granted by the Probation Law."

Cayetano said in the past, plea bargaining for the purpose of availing of
probation had been a major source of collusion between prosecutors and
defense lawyers in drug cases and also of corruption.

The senator expressed confidence that the provisions of the new law will put
more pushers behind bars and make homes and streets safer from drug-related
crimes.