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Republic of the Philippines

FIRST JUDICIAL REGION


Regional Trial Court of Ilocos Norte
Branch 14, Laoag City

PEOPLE OF THE PHILIPPINES


Complainant,

- versus - Crim. Case No. 0717-17

ALLAN D. REYES
Respondent.
x-----------------------------------------------x

PLEA BARGAINING PROPOSAL

The accused ALLAN D. REYES, by and through counsel on record,


most respectfully submits the following Plea Bargaining Proposal for
the Honorable Court’s consideration and approval, and states:

1. That the accused has been charged of violating Section 11 of


Republic Act No. 9165 (Comprehensive Dangerous Drugs Act),
punishable by life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00);

2. That in the recent case of Estipona, Jr. vs. Hon. Lobrigo1, the
Supreme Court declared the prohibition on plea bargaining for
drug cases unconstitutional, the dispositive portion of which
reads:

WHEREFORE, the petition for certiorari and


prohibition is GRANTED. Section 23 of Republic Act No.
9165 is declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court under
Section 5(5), Article VIII of the 1987 Constitution;

3. That said recent jurisprudence now allows the accused to enter


into plea bargaining with the prosecution and appears
beneficial to the cause of the accused;

1 G.R. No. 226679, August 15, 2017


4. That, given said development, the accused desires to plead
guilty to the offense of violation of Section 11, Article II of R.A.
9165 (Possession of Dangerous Drugs) in lieu of his plea of not
guilty in the Information for Violation of Section 5, Article II,
R.A. No. 9165 (Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals);

5. That the penalty for such lesser offense is twelve years and one
day to twenty years and a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,00.00), the accused having been found to be in possession
of less than five (5) grams of methamphetamine hydrochloride
or “shabu”; and

6. That, notwithstanding Sections 1 and 2, Rule 118 of the Rules


of Court that require plea bargaining to be considered by the
trial court at the pre-trial conference2, the Supreme Court
allows such to be made during the trial proper and even after
the prosecution has finished presenting its evidence and rested
its case3.

P R A Y E R

WHEREFORE, in the interest of justice, it is respectfully prayed of


this Honorable Court that the accused be allowed plea bargain from
his plea of not guilty in the charge for violation of Section 5 Art. II of
R.A. 9165 to plea of guilty to Section 11, Art. II of R.A. 9165 with an
imprisonment of 5 years.

November 13, 2017, Laoag City, Ilocos Norte, Philippines.

ELLA D.R. KO
Counsel for the Accused

2 Ladino v. Garcia, 333 Phil. 254, 258 (1996); see also A.M. No. 03-1-09-SC dated July 13, 2004 (RE:
PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND
CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-
DISCOVERY MEASURES).
3 People of the Philippines v. Mamarion, 459 Phil. 51, 75 (2003).
NOTIFICATION

CLERK OF THE BRANCH COURT


Regional Trial Court
Branch 65, Laoag City

Greetings:

Please submit the foregoing motion and schedule the hearing


thereof on October 16, 2017 at 9:30 in the morning for the approval
of the Most Honorable Court.

APP KYLE SANTIAGO


Office of the Provincial Prosecutor
Laoag City, Ilocos Norte

Please take note that the foregoing motion shall be submitted


for hearing on November 23, 2017 at 9:30 in the morning for the
approval of the Honorable Court.

Laoag City, Philippines. 13 November 2017.

ATTY. ELLA D.R. KO