DISPOSITIVE:

ACCORDINGLY, the petition is GRANTED. The Resolutions dated January 28, 2019 and September 17, 2019 in CA-G.R. SP. No. 158342 are REVERSED and SET ASIDE.

The Judgment dated September 12, 2018 and the concomitant orders of the Regional Trial Court-Branch 24, Naga City in Criminal Case No. 2016- 0935 are VOID for having been issued in grave abuse of discretion. The trial court is ORDERED to proceed with the criminal case against respondent Noel Sabater y Ulan with utmost dispatch.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE ACCUSED WANTED TO PLEA TO A LESSER OFFENSE (SECTION 12 IN LIEU OF SECTION 5 OF THE PROHIBITED DRUG LAW). PROSECUTOR OBJECTED. BUT COURT APPROVED THE PLEA. SUPREME COURT SAID THE TRIAL COURT COMMITTED GRAVE ABUSE OF DISCRETION. IT MUST NOT APPROVE PLEA BARGAINING IF ALL PARTIES DO NOT AGREE.

Where the prosecution withholds its consent, the trial court cannot proceed to approve a plea bargain. There is no meeting of the minds, hence, there can be no plea bargaining “agreement” to speak of. Should the trial court nevertheless approve the plea bargain over the prosecution’s objection, it would be doing so in grave abuse of discretion. Justice Zalameda further explained:

In choosing to respect the prosecution’s discretion to give or withhold consent, the Court is not surrende1ing any of its powers. Instead, it is an exercise of sound judicial restraint. Courts cannot forcefully insist upon any of the parties to plead in accordance with the Plea Bargaining Framework. To emphasize, when there is no unanimity between the prosecution and the defense, there is also no plea bargaining agreement to speak of. If a party refuses to enter a plea in conformity with the Plea Bargaining Framework, a court commits grave abuse of discretion should it unduly impose its will on the parties by approving a plea bargain and issuing a conviction based on the framework.

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