Scribd
Upload
86 views3 pages

Plea Bargaining Motion in Drug Case

This document is a motion filed in court requesting plea bargaining for the accused Rowel Padero. Padero is charged with possession of 0.09 grams of methamphetamine and sale of 0.03 grams of methamphetamine. The motion requests that under the Supreme Court's plea bargaining framework for drug cases, Padero be allowed to plead guilty to the lesser offense of section 12 of the Dangerous Drugs Act and serve a penalty of 1 year imprisonment instead of facing charges under sections 5 and 11. The motion argues Padero qualifies for plea bargaining as the drug amounts are less than the thresholds and asks the court to consider this plea bargaining proposal.

Uploaded by

Katrina Muli
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
86 views3 pages

Plea Bargaining Motion in Drug Case

This document is a motion filed in court requesting plea bargaining for the accused Rowel Padero. Padero is charged with possession of 0.09 grams of methamphetamine and sale of 0.03 grams of methamphetamine. The motion requests that under the Supreme Court's plea bargaining framework for drug cases, Padero be allowed to plead guilty to the lesser offense of section 12 of the Dangerous Drugs Act and serve a penalty of 1 year imprisonment instead of facing charges under sections 5 and 11. The motion argues Padero qualifies for plea bargaining as the drug amounts are less than the thresholds and asks the court to consider this plea bargaining proposal.

Uploaded by

Katrina Muli
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

REPUBLIC OF THE PHILIPPINES

4TH JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 79
MORONG, RIZAL

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Crim. Case No. 19-193443-M
-versus-
For: Violation of Sec. 11, 2nd
Paragraph No. 3, Art. II of
RA 9165
(Possession of Dangerous
Drugs)
ROWEL PADERO y. Patapat,
Accused.

x--------------------------------------------x

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Crim. Case No. 19-19342-M
-versus-
For: Violation of Sec. 5, 1st
Paragraph, Art. II of RA
9165
(Sale of Dangerous Drugs)
JAYPEE MATEO y Amores,
Accused.
x--------------------------------------------x

MOTION
TO AVAIL PLEA BARGAINIG
COMES NOW, the accused ROWEL PADERO Y. PATAPAT
represented by the undersigned counsel, unto this Honorable Court
most respectfully states:

That the above-named accused is being charged for the:

1. violation of Sec. 11, 2nd Paragraph No. 3, Art. II of RA 9165 for


allegedly possessing five (5) heat-sealed substance of
Methamphetamine Hydrochloride weighing 0.01, 0.02, 0.02,
0.02 and 0.02 grams or a total of 0.09 grams committed on 20
October 2019 at Municipality of Pililla, Rizal; and

2. violation of Sec. 5, 1st Paragraph No. 3, Art. II of RA 9165 for


allegedly selling, delivering and giving away to another one (1)
heat-sealed substance of Methamphetamine Hydrochloride
weighing 0.03 grams committed on 16 February 2016 at
Municipality of Pililla, Rizal.

That last April 10, 2018, the Supreme Court en banc adopted
A.M. No. 18-03-16-SC (Adoption of Plea Bargaining Framework in
Drug Cases), which states that a person charged with violation of Sec.
5 and/or Sec. 11 of RA 9165 may enter into plea-bargaining
agreement to the lesser offense defined under Section 12, Art II of RA
9165 with a penalty of imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging from ten thousand
(P10,000.00) pesos to fifty (P50,000.00) pesos. This applies if the illegal
drugs (shabu) involved is shabu and is less than one (1) gram for
Section 5 and less than five (5) grams for Section 11.

That considering that the illegal drugs allegedly involved in


this case is less than one (1) gram of shabu for Section 5 and less than
five (5) grams for Section 11, the accused is qualified to avail of the
provisions of A.M. No. 18-03-16-SEC, hence, the accused intend to
enter a plea of guilty to a lesser offense defined under Section 12, Art
II of RA 9165.

Considering that Section 12, Art II of RA 9165 imposes a


penalty of imprisonment of six (6) months and one (1) to four (4)
years, and a fine ranging from Ten Thousand pesos (P10,000.00) to
fifty thousand pesos (P50,000.00), accused most respectfully proposes
that they be allowed to serve a straight penalty of one (1) year
imprisonment.

WHEREFORE, it is prayed that this plea-bargaining proposal


be considered.

Morong, Rizal, Philippines

11 November 2019

(LAWYER)
With my conformity:

Page 2 of 3
______________________________
ROWEL P. PADERO

Page 3 of 3

You might also like