PLEA BARGAINING

R.A. 9165
HON. ROWENA H. RAMA-CHAVEZ, LLB., LLM.

BJMP Valenzuela City

17 May 2018
WHAT IS PLEA BARGAINING?
 Plea bargaining - a process whereby the accused and the
prosecution work out a mutually satisfactory disposition of the case
subject to court approval (Black Law Dictionary, 5th Ed., 1979, p.
1037).
 It usually involves the defendant's pleading guilty to a lesser offense
or to only one or some of the counts of a multi-count indictment in
return for a lighter sentence than that for the graver charge (Ibid.).
WHAT STAGE IS PLEA
BARGAINING ALLOWED?
 Ordinarily, plea-bargaining is made during the pre-trial stage of the criminal
proceedings.
 However, the law still permits the accused sufficient opportunity to change
his plea thereafter.
 Thus, Rule 116 of the Rules of Court, Section 2 thereof, provides:
• Sec. 2. Plea of guilty to a lesser offense. — The accused, with the consent of
the offended party and the fiscal, may be allowed by the trial court to plead
guilty to a lesser offense, regardless of whether or not it is necessarily included
in the crime charged, or is cognizable by a court of lesser jurisdiction than the
trial court. No amendment of the complaint or information is necessary.
• A conviction under this plea, shall be equivalent to a conviction of the offense
charged for purposes of double jeopardy.
IS PLEA BARGAINING A MATTER
OF RIGHT?
 The acceptance of an offer to plead guilty to a lesser offense under
the aforequoted rule is not demandable by the accused as a
matter of right but is a matter that is addressed entirely to the
sound discretion of the trial court (Manuel v. Velasco, et al., G.R.
No. 94732, February 26, 1991, En Banc Resolution).
 Thus, in People v. Kayanan (L-39355, May 31, 1978, 83 SCRA 437,
450), the Supreme Court held that the rules allow such a plea only
when the prosecution does not have sufficient evidence to
establish guilt of the crime charged.
ARE THERE REQUIREMENTS BEFORE
COURT CAN ACT ON MOTION TO
PLEA BARGAIN?
 As soon as the Fiscal has submitted his comment whether for or
against the said motion, it behooves the trial court to assiduously
study the prosecution's evidence as well as all the circumstances
upon which the accused made his change of plea to the end that
the interests of justice and of the public will be served.
 Absent any finding on the weight of the evidence in hand, the
acceptance of the private respondent's change of plea is improper
and irregular.
 The consent of both the Fiscal and the offended party is a condition
precedent to a valid plea of guilty to a lesser offense.
 The reason for this is obvious. The Fiscal has full control of the
prosecution of criminal. Consequently, it is his duty to always
prosecute the proper offense, not any lesser or graver one, when
the evidence in his hands can only sustain the former. actions
(Cinco, et al. v. Sandiganbayan, et al., G.R. Nos. 92362-67, October
15, 1991)
IS PLEADING BARGAINING
ALLOWED IN DRUG CASES?
 Drug offenders can now enter in plea bargain deals in their cases.
 It granted the petition of Salvador Estipona of Legazpi City who
wanted to enter into a plea bargain after he was caught with 0.084
grams of shabu.
 See Estipona, Jr. v. Hon. Lobrigo, G.R. No. 226679, 15 August 2017.
 The Supreme Court declared Sec. 23 of RA 9165, disallowing plea
bargaining agreement to drug suspects, as unconstitutional.
ARE THERE GUIDELINES ON PLEA
BARGAINING ON DRUGS CASES?
 Supreme Court A.M. No. 18-0316-S dated 10 April 2018 (Plea
Bargaining Framework in Drugs Cases)
 OCA Circular No. 90-2018 (Adoption of the Plea Bargaining
Framework in Drugs Cases)
 Released on 3 May 2018
 Possession of .01 gram up to 4.99 grams of shabu, opium,
morphine, heroin and cocaine, and .01 gram up to 299.99 grams of
marijuana which usually have a penalty of 12 years and 1 day to 20
years imprisonment, can now be converted via plea bargaining to
possession of paraphernalia which is penalized by only 6 months
and 1 day to 4 years in jail.
 Subject to court discretion penalty of 6 months
and 1 day to 1 year may be imposed.
 Possession of above 10 grams of shabu, opium,
morphine, heroin and cocaine, and above 500 grams of
marijuana will have no plea bargaining.
 The SC was less tolerant on drug trading or selling. Only very
small quantities are allowed plea bargain deals.
 Those caught selling or trading .01 gram up to 0.99 grams of
shabu and .01 gram up to 9.99 grams of marijuana will also be
allowed to enter into a plea bargain deal. What was ordinarily
punished by lifetime imprisonment will be penalized under
the plea bargain agreement by only 6 months and 1 day to 4
years in prison.
 But those caught selling and trading over 1 gram
of shabu and over 10 grams of marijuana will not
be entitled to plea bargain deals.
 This will have a significant impact on the rights of
small time drug personalities, who will now be given a
chance to reform, especially under the context of the
administration’s brutal war on drugs.
 It is also expected to decongest Philippine jails and
declog court dockets.
“ To have once been a criminal is
no disgrace. To remain a
criminal is the disgrace
― Malcolm X
”
“ Allmen make mistakes, but a
good man yields when he knows
his course is wrong, and repairs
the evil. The only crime is pride. ”
― Sophocles, Antigone
THANK YOU!!!