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CASE DIGEST: SALVADOR A. ESTIPONA, JR., Petitioner, vs. HON. FRANK E.

LOBRIGO, Presiding Judge of the Regional Trial Court of Legazpi City, Branch 3, and
PEOPLE OF THE PHILIPPINES, Respondents.

FACTS: Estipona was charged with an offense under RA 9165. He wants to enter into a plea
bargaining agreement but Judge Lobrigo did not allow him to do so because Section 23
specifically prohibits plea bargaining in drugs cases. Estipona argues that Section 23 is
unconstitutional.

ISSUE:

Is Section 23 of RA 9165, which prohibits plea-bargaining in drugs cases, unconstitutional?

HELD: Yes, Section 23 of RA 9165 is unconstitutional for two reason. First, it violates the
equal protection clause since other criminals (rapists, murderers, etc.) are allowed to plea
bargain but drug offenders are not, considering that rape and murder are more heinous than
drug offenses. Second, it violates the doctrine of separation of powers by encroaching upon
the rule-making power of the Supreme Court under the constitution. Plea-bargaining is
procedural in nature and it is within the sole prerogative of the Supreme Court

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