Republic of the Philippines

FIRST JUDICIAL REGION

Regional Trial Court of Ilocos Norte
Branch 14, Laoag City

PEOPLE OF THE PHILIPPINES

Complainant,

- versus - Crim. Case No. 0717-17

ALLAN D. REYES
Respondent.
x-----------------------------------------------x

PLEA BARGAINING PROPOSAL

The accused ALLAN D. REYES, by and through counsel on record, most

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

1. That the accused has been charged of violating Section 11 of Republic

Act No. 9165 (Comprehensive Dangerous Drugs Act), punishable by life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00);

2. That in the recent case of Estipona, Jr. vs. Hon. Lobrigo1, the Supreme
Court declared the prohibition on plea bargaining for drug cases
unconstitutional, the dispositive portion of which reads:

WHEREFORE, the petition for certiorari and prohibition is

GRANTED. Section 23 of Republic Act No. 9165 is declared
unconstitutional for being contrary to the rule-making authority
of the Supreme Court under Section 5(5), Article VIII of the 1987
Constitution;

3. That said recent jurisprudence now allows the accused to enter into plea
bargaining with the prosecution and appears beneficial to the cause of
the accused;

4. That, given said development, the accused desires to plead guilty to the
offense of violation of Section 11, Article II of R.A. 9165 (Possession
of Dangerous Drugs) in lieu of his plea of not guilty in the Information
for Violation of Section 5, Article II, R.A. No. 9165 (Sale, Trading,
Administration, Dispensation, Delivery, Distribution and Transportation

1
G.R. No. 226679, August 15, 2017
 of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals);

5. That the penalty for such lesser offense is twelve years and one day to
twenty years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,00.00), the accused
having been found to be in possession of less than five (5) grams of
methamphetamine hydrochloride or “shabu”; and

6. That, notwithstanding Sections 1 and 2, Rule 118 of the Rules of Court

that require plea bargaining to be considered by the trial court at the pre-
trial conference2, the Supreme Court allows such to be made during the
trial proper and even after the prosecution has finished presenting its
evidence and rested its case3.

P R A Y E R

WHEREFORE, in the interest of justice, it is respectfully prayed of this

Honorable Court that the accused be allowed plea bargain from his plea of not
guilty in the charge for violation of Section 5 Art. II of R.A. 9165 to plea of
guilty to Section 11, Art. II of R.A. 9165 with an imprisonment of 5 years.

November 13, 2017, Laoag City, Ilocos Norte, Philippines.

ELLA D.R. KO
Counsel for the Accused

NOTIFICATION

CLERK OF THE BRANCH COURT

Regional Trial Court
Branch 65, Laoag City

Greetings:

Please submit the foregoing motion and schedule the hearing thereof on
October 16, 2017 at 9:30 in the morning for the approval of the Most
Honorable Court.

2
Ladino v. Garcia, 333 Phil. 254, 258 (1996); see also A.M. No. 03-1-09-SC dated July 13, 2004 (RE: PROPOSED
RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN
THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES).
3
People of the Philippines v. Mamarion, 459 Phil. 51, 75 (2003).
APP KYLE SANTIAGO
Office of the Provincial Prosecutor
Laoag City, Ilocos Norte

Please take note that the foregoing motion shall be submitted for hearing
on November 23, 2017 at 9:30 in the morning for the approval of the
Honorable Court.

Laoag City, Philippines. 13 November 2017.

ATTY. ELLA D.R. KO