http://oca.judiciary.gov.ph/wp-content/uploads/2019/07/OCA-Circular-No.-104-2019.

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Offense Charged in Acceptable Plea Remarks

Information and Penalty Bargain and Penalty
Section 7 Section 12 Plea bargaining is In all instances, whether
Employees and Visitors of a Possession of only allowed if the the maximum period of the
Den, Dive or Resort (only Equipment, Instrument, person is charged penalty imposed is already
when the accused is charged Apparatus and Other solely under Sec. 7, served, drug dependency
as a visitor of the drug den Paraphernalia for and there is no other test shall be required.
Dangerous Drugs person/s charged
Penalty: 12 years and 1 day Penalty: 6 ​months and 1 with violation of Sec. If the accused admits drug
to 20 years and fine ranging day to 4 years and a fine 6. Maintenance of a use, or denies it but is
from P100,000.00 to ranging from P10,000.00 Dive, Den, or Resort found to be positive after
P500,000.00 to P50,000.00
the drug dependency test,
The Court is given he shall go undergo
the discretion to treatment and
impose a minimum rehabilitation for a period
period and a of not less than 6 months.
maximum period to Said period shall be
be taken from the credited to his penalty and
range of the penalty the period of his after-care
provided by law. A and follow-up program if
straight penalty penalty is still unserved.
within the range of 6
months and 1 day to If accused is found
1 year may likewise negative for
be imposed. use/dependency, he will be
released on time served,
Section 11. Par. 3 Section 12. Possession The Court is given otherwise, he will serve his
Possession of Dangerous of Equipment, the discretion to sentence in jail minus the
Drugs Instrument, Apparatus, impose a minimum counselling period at
- Where the quantity of and other Paraphernalia period and a rehabilitation center.
shabu, opium, for Dangerous Drugs maximum period to
morphine, heroin, be taken from the However, if the accused
cocaine is less than 5 range of the penalty applies for probation in
grams or provided by law. A offenses punishable under
- Where the quantity of straight penalty 9165, other than for illegal
marijuana is less than within the range of 6 trafficking or pushing under
months and 1 day to Sec. 5 in relation to Sec.
300 grams
1 year may likewise 24 thereof, then the
Penalty: 12 years and 1 day Penalty: 6 months and 1 be imposed. probation law shall apply.
to 20 years and fine ranging day to 4 years and a
from P300,000.00 to fine ranging from
P400,000.00 P10,000.00 to
P50,000.00
Section 11. Par. 2 Section 11. Par. 3 The Court is given the discretion to impose a
Possession of Dangerous Possession of minimum period and a maximum period to be
Drugs Dangerous Drugs taken from the range of the penalty provided by
- Where the quantity of law.
shabu, opium,
morphine, heroin,
 cocaine is at least 5
grams but not
exceeding 10 grams
- Where the quantity of
marijuana is at least
300 grams but not
exceeding 500 grams

Penalty: 20 years to life Penalty: 12 years and 1

imprisonment and fine day to 20 years and fine
ranging from P400,000.00 to ranging from
P500,000.00 P300,000.00 to
P400,000.00
Section 11. Par. 1 NO PLEA BARGAINING
Possession of Dangerous IS ALLOWED
Drugs
- Where the quantity of
shabu, opium,
morphine, heroin,
cocaine is at least 10
grams
- Where the quantity of
marijuana is at least
500 grams

Section 12. Section 15.

Possession of Equipment, Use of Dangerous
Instrument, Apparatus, and Drugs
other Paraphernalia for
Dangerous Drugs
Penalty: 6 months and 1 day Penatly: If the accused
to 4 years and a fine ranging 6 months treatment and admits drug use, or
from P10,000.00 to rehabilitation denies drug use but
P50,000.00 found positive after
drug dependency
test
Undergo counselling If accused is found
program at rehabilitation negative for drug
center use/dependency
Section 14 Section 15.
Possession of Equipment, Use of Dangerous
Apparatus, and Other Drugs
Paraphernalia for Dangerous
Drugs During Parties, Social
Gatherings, and Meetings
Penalty: Maximum Penalty in Penatly: If the accused
Section 12 6 months treatment and admits drug use, or
rehabilitation denies drug use but
found positive after
drug dependency
test
 Undergo counselling If accused is found
program at rehabilitation negative for drug
center use/dependency
Section 5. Sale, Trading, etc. Section 12. The Court is given In all instances, whether
of Dangerous Drugs Possession of the discretion to the maximum period of the
- Shabu only and the Equipment, Instrument, impose a minimum penalty imposed is already
quantity is .01 gram Apparatus, and other period and a served, drug dependency
to .99 gram Paraphernalia for maximum period to test shall be required.
- Marijuana only and Dangerous Drugs be taken from the
the quantity involved range of the penalty If the accused admits drug
is .01 gram to 9.99 provided by law. A use, or denies it but is
grams straight penalty found to be positive after
within the range of 6 the drug dependency test,
Penalty: Life imprisonment to Penalty: 6 months and 1 months and 1 day to he shall go undergo
death and a fine ranging day to 4 years and a 1 year may likewise treatment and
from P500,000.00 to fine ranging from be imposed. rehabilitation for a period
P10,000,000.00 P10,000.00 to of not less than 6 months.
P50,000.00 Said period shall be
credited to his penalty and
the period of his after-care
and follow-up program if
penalty is still unserved.

If accused is found
negative for
use/dependency, he will be
released on time served,
otherwise, he will serve his
sentence in jail minus the
counselling period at
rehabilitation center.

However, if the accused

applies for probation in
offenses punishable under
9165, other than for illegal
trafficking or pushing under
Sec. 5 in relation to Sec.
24 thereof, then the
probation law shall apply.
Section 5. Sale, Trading, etc. NO PLEA BARGAINING
of Dangerous Drugs ALLOWED
- Shabu only and the
quantity is at least 1
gram
- Marijuana only and
the quantity involved
is at least 10 grams
Section 13 In all instances, whether
Possession of Dangerous the maximum period of the
Drugs During Parties, Social penalty imposed is already
Gatherings, and Meetings served, drug dependency
test shall be required.

If the accused admits drug

use, or denies it but is
found to be positive after
the drug dependency test,
he shall go undergo
treatment and
rehabilitation for a period
Quantity involved is .01 gram Section 12
of not less than 6 months.
to 4.99 grams Possession of
Equipment, Instrument, Said period shall be
Apparatus and Other credited to his penalty and
Paraphernalia for the period of his after-care
Dangerous Drugs and follow-up program if
penalty is still unserved.

If accused is found
negative for
use/dependency, he will be
released on time served,
otherwise, he will serve his
sentence in jail minus the
counselling period at
Quantity involved is 5 grams Section 11. Par 3 rehabilitation center.
to 9.99 grams Possession of Dangerous
Drugs However, if the accused
applies for probation in
offenses punishable under
9165, other than for illegal
trafficking or pushing under
Sec. 5 in relation to Sec.
24 thereof, then the
probation law shall apply.
Quantity involved is 10 NO PLEA BARGAINING
grams above IS ALLOWED

Penalty: Maximum penalties Section 12 The Court is given

provided under Section 11 Penalty: 6 ​months and 1 the discretion to
regardless of quantity or day to 4 years and a fine impose a minimum
purity ranging from P10,000.00 period and a
to P50,000.00 maximum period to
be taken from the
range of the penalty
provided by law. A
straight penalty
within the range of 6
months and 1 day to
1 year may likewise
be imposed.
Section 11. Par. 3 The Court is given
Penalty: 12 years​ and 1 the discretion to
day to 20 years and a impose a minimum
fine ranging from period and a
P300,000.00 to maximum period to
P400,000.00 be taken from the
range of the penalty
provided by law.
Section 13 In all instances, whether
Possession of Dangerous the maximum period of the
Drugs During Parties, Social penalty imposed is already
Gatherings, and Meetings served, drug dependency
(Marijuana Only) test shall be required.

If the accused admits drug

use, or denies it but is
found to be positive after
the drug dependency test,
he shall go undergo
treatment and
rehabilitation for a period
of not less than 6 months.
Said period shall be
credited to his penalty and
the period of his after-care
and follow-up program if
penalty is still unserved.
 If accused is found
negative for
use/dependency, he will be
released on time served,
otherwise, he will serve his
sentence in jail minus the
counselling period at
rehabilitation center.

However, if the accused

applies for probation in
offenses punishable under
9165, other than for illegal
trafficking or pushing under
Sec. 5 in relation to Sec.
24 thereof, then the
probation law shall apply.
Quantity involved is .01 gram Section 12
to 299 grams Possession of
Equipment, Instrument,
Apparatus and Other
Paraphernalia for
Dangerous Drugs
Quantity involved 300 grams Section 11. Par 3
to 499 grams Possession of Dangerous
Drugs
Quantity involved is 500 NO PLEA BARGAINING
grams or above IS ALLOWED

Penalty: Maximum penalties Section 12 The Court is given

provided under Section 11 Penalty: 6 ​months and 1 the discretion to
regardless of quantity or day to 4 years and a fine impose a minimum
purity ranging from P10,000.00 period and a
to P50,000.00 maximum period to
be taken from the
range of the penalty
provided by law. A
straight penalty
within the range of 6
months and 1 day to
1 year may likewise
be imposed.
Section 11. Par. 3 The Court is given
Penalty: 12 years​ and 1 the discretion to
day to 20 years and a impose a minimum
fine ranging from period and a
P300,000.00 to maximum period to
P400,000.00 be taken from the
range of the penalty
provided by law.