Alleged drug PUSHERS now allowed by SC to apply for probation based on Estipona ruling

Judge Marlo Campanilla posted this report on Facebook. He said, "SC A.M. 18-03-16, dated April 10, 2018 allows a pusher to make a plea to the lesser offense of possession of drug paraphernalia under Section 12 of RA No. 9165 in a case involving sale of shabu of not more than .99 grams or marijuana of not more than 9.9 grams. Thus, a pusher can now avail of the benefit of probation law since the penalty under Section 12 is only 6 months 1 day to 4 years. Section 24 of RA No. 9165, which expressly disqualifies pusher to avail of the probation law, is not applicable since possession of drug paraphernalia for which he will be convicted on the basis of a plea bargaining agreement is not covered by this provision."