Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
BRANCH 22
Cabagan, Isabela

PEOLE OF THE PHILIPPINES,

Plaintiff

-versus- Criminal Case No. 22-____

_________________________,
Accused.
x---------------------------------------------x

PLEA BARGAINING OFFER

The Accused,_____,by and through counsel on record, most

respectfully submits the following Plea Bargaining Proposal for the
Honorable Court's consideration and approval, and state:

1. That Accused was charged witg Section 5, Article II,

Republic Act No. 9165, Or the Sale of Prohibited Drugs
punishable by Life Imprisonment.

2. That Accused comes before the Honorable Court to express

his intention to avail the benefits of plea bargaining as
echoed in the plea bargaining framework issued by the
Supreme Court on April 10, 2018 in Administrative Matter
No. 18-03-16-SC as an offshoot of its Aug. 15, 2017 decision
in the case of Estipona vs. RTC and Judge Lobrigo that
declared unconstitutional Section 23 of RA 9165 for being
contrary to the rule-making authority of the High Tribunal
under the Constitution.

3. That in view of the aforesaid Decision and plea bargaining

framework issued by the Supreme Court, the Department of
Justice issued a corresponding Memorandum Circular No.
27 as guidelines for the Prosecutors in the implementation of
the same.

4. That in the said Circular, the Department of Justice requires

a drug assessment dependency before they give their
consent to the plea bargaining as requested by the accused.

5. The accused prays that he be allowed to undergo the

required drugs assessment dependency test.
 6. The accused likewise humbly prays that he be allowed by
the prosecution and the honorable court to enter a plea of
guilt to the lesser offense of Section 12, Art. II, of Republic
Act. No. 9165 or the Possession of Drug Paraphernalia
where the maximum imposable penalty is 4 years, so that
the accused will eventually avail the benefits of the Probation
Law.

PRAYER

WHEREFORE, it most respectfully prayed unto the Honorable

Court to allow the accused to undergo drug assessment dependency
test and likewise to enter a plea of guilt to the lesser offense of
Section 12, of Republic Act No. 9165.

JULY 24,2018. Cabagan Isabela

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Cabagan District Office
Cabagan, Isabela

By:

ATTY. NICANOR G. GARCIA

District Public Attorney

ATTY. MARICION B. CAPILI-GUINGAB

Public Attorney

With my conformity.

Accused.

July 19, 2018, Cabagan, Isabela.

WITH OUR CONFORMITY:

PROS.
Officer-in-charge
Provincial Prosecutor
Cabagan, Isabela