Republic of the Philippines

Regional Trial Court

6th Judicial Region
Branch ____
_____________ Negros Occidental
-oOo-

PEOPLE OF THE PHILIPPINES,

Complainant, Crim. Case. No. ____________

-versus- for:

________________________,
Alias “Jojo” “Homicide”
Accused.
X----------------------X

COMMENT
COMES NOW, the prosecution, thru the undersigned Public
Prosecutor and unto this Honorable Court, most respectfully submits
their comment to the Plea Bargaining Proposal filed by the accused, to
wit:
Accused was charged with Homicide and he intends to plead
guilty to the lesser offense provided under Article 365 of the Revised
Penal Code, as amended which is Reckless Imprudence resulting to
Homicide” where the imposable penalty is arresto mayor in its
maximum period to prision correctional in its medium period.
The lesser offense provided under Article 365 of the Revised
Penal Code to which the accused intends to change his plea is a lesser
offense not necessarily included in the offense charged in the original
information which is Homicide, and does not belong to the same
classification or title under the Revised Penal Code or the relevant
special laws.

Moreover, the same is more than two (2) degrees lower than the
imposable penalty for the offense charged, hence, not allowed by the
law for plea bargaining, for the approval of the Plea Bargaining
Proposal of the above-named accused would detract from the
seriousness and gravity of the offense committed.

The prosecution believes that the evidence against the accused is

strong and sufficient to sustain his conviction.

For the grounds above stated, the undersigned prosecutor firmly

opposes to the said Motion of the accused to plead guilty to the lesser
offense.
 RESPECTFULLY SUBMITTED.

_________, Negros Occidental, Philippines. September 29, 2020.

City Prosecutor

NOTICE

The Hon Clerk of Court

__________________, Negros Occidental

GREETINGS:

Please submit the foregoing Comment for the consideration and

approval of the Honorable Court immediately upon receipt hereof.

City Prosecutor

Copy Furnished: