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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 155, Pasig City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASE NO. R-PSG-20-01072 to

01073-CR

NESTOR SURA y MONTEFALCON,

Accused.
x------------------------------------------x

MOTION TO ALLOW THE ACCUSED

TO ENTER INTO PLEA BARGAINING AGREEMENT

COMES NOW, Accused NESTOR SURA y MONTEFALCON,

through the assistance of the undersigned counsel, and unto this Honorable
Court, most respectfully states that:

1. Herein accused was charged for violation of Section 11, Article II of

Republic Act No. 9165 for allegedly possessing one heat sealed
transparent plastic sachet containing 0.03 gram of methamphetamine
hydrochloride (shabu) and violation of Section 12, Article II of
Republic Act No. 9165 for possessing drug paraphernalia;

2. In the recent case of Estipona vs. Lobrigo (G.R. No. 226679, August
15, 2017), the Supreme Court declared the prohibition on plea
bargaining for drug cases unconstitutional. Thus the accused is now
allowed to enter into plea bargaining with the Prosecution;

3. Further, on April 10, 2018, the Supreme Court adopted an En Banc

Resolution and issued OCA Circular No. 90-2018. Under the said
Circular, the Supreme Court adopted the Plea Bargaining Framework
in Drug Cases as follows:

xxx xxxx xxx

3.a)For violation of Section 11, paragraph 3 (Possession of Dangerous Drugs

where the quantity of shabu is from 0.01 to 4.99 grams, the acceptable plea
bargain would Section 12 (Possession of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs)

3.b) For violation of Section 5 (Sale, Trading, etc. of Dangerous Drugs) where
the quantity of drugs is from .01 to 0.99 grams, the acceptable plea bargain

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would be for violation of Section 12 (Possession of equipment, instrument,

apparatus and other paraphernalia for dangerous drugs)

xxx xxx xxx

4. Given the foregoing, the accused desires to withdraw his former plea
of not guilty in the Information for violation of Article II, Sections 11
and 12 of Republic Act No. 9165 and plead guilty to the offense
punishable under Article II, Section 12 of Republic Act No. 9165.

PRAYER

WHEREFORE, premises considered, and in the interest of justice, it

is respectfully prayed of this Honorable Court that the accused be allowed to
plead guilty to the offense punishable under Article II, Section 12 of
Republic Act No. 9165
Other reliefs just and equitable under the premises are likewise prayed
for.
Pasig City, 26 May 2020.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Counsel for the Petitioner
rd
3 Floor, Pasig City Social Welfare Bldg.,
City Hall Compound, Pasig City

By:

MERLO VINIA C. SILVA-CASTRO

Public Attorney II
Roll No. 66436
MCLE VI 0019280, 03/22/2019

NOTICE OF HEARING

ATTY. DUKE THADDEUS MAOG

Branch Clerk of Court
Branch 155, RTC, Pasig City

Greetings:

Please include the foregoing motion in the calendar of matter

scheduled to be heard and resolved by the Honorable Court on June 24, 2020
at 8:30 o’clock in the morning or immediately upon receipt hereof.

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MERLO VINIA C. SILVA-CASTRO

Copy furnished:
HON. PROS. NANCY G. PEIG
CITY PROSECUTOR’S OFFICE
7TH FLOOR HALL OF JUSTICE, PASIG CITY