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Nurullaje Sayre y Malampad @ "Inol" vs. Xenos etc. [SEPARATE CONCURRING OPINION, ZALAMEDA, J.]

NURULLAJE SAYRE Y MALAMPAD @ "INOL", PETITIONER, VS. HON. DAX GONZAGA XENOS, IN HIS CAPACITY AS THE PRESIDING JUDGE OF REGIONAL TRIAL COURT OF PANABO CITY, DAVAO DEL NORTE, BRANCH 34; HON. MENARDO I. GUEVARRA, SECRETARY OF THE DEPARTMENT OF JUSTICE; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

G.R. Nos. 244413 & 244415-16 | 2020-02-18

SEPARATE CONCURRING OPINION

ZALAMEDA, J.:

The 1987 Constitution vests upon the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts. This rule-making power is exclusive; it is not shared by this Court with the Congress, more so with the Executive.[1]

Pursuant to its rule-making power, the Court adopted in Administrative Matter (AM) 18-03-16-SC the Plea Bargaining Framework in Drugs Cases providing the acceptable plea bargains which may be approved by courts.[2] After the adoption of the Plea Bargaining Framework, the...