Republic of the Philippines

REGIONAL TRIAL COURT

6TH Judicial Region
Branch 40-Silay City
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PEOPLE OF THE PHILIPPINES Crim. Case No.

Complainant, 11807

-versus-

ALBERT AGRAVANTE y Aquino

ET AL. FOR: Viol. of Sec. 3
Accused. (c)RA 9287

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PROPOSAL FOR PLEA BARGAINING

(for Lesser Offence – Section 1 (a) of PD No. 1602)

Accused, by counsel, states that:

1. In Estepona v. People et al1, the Court ruled, viz:

In this jurisdiction, plea bargaining has been

defined as "a process whereby the accused and
the prosecution work out a mutually
satisfactory disposition of the case subject to
court approval." There is give-and-take
negotiation common in plea bargaining. The
essence of the agreement is that both the
prosecution and the defense make concessions
to avoid potential losses. Properly
administered, plea bargaining is to be
encouraged because the chief virtues of the
system - speed, economy, and finality - can
benefit the accused, the offended party, the
prosecution, and the court.

2. As a general rule, the Rules provide that plea bargaining may

be made only before arraignment or after arraignment but
before the prosecution starts to present evidence; in this
case, the prosecution is yet to present its evidence against the
accused.

1
G.R. No. 226679, August 15, 2017
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 3. After a much thorough evaluation of the case, all the herein
accused, have come to a decision to admit the charge BUT
respectfully proposes to plea bargain to a lesser offense
provided under Section 1 paragraph (a) of PD 1602
which is amended by RA No. 9287 and be meted the penalty
of prison correccional in its medium period as
provided thereon;

4. In so far as accused Jose Esteban Hinayan, aside from

this case, he has a pending case at RTC Branch 69-Silay
City, Criminal Case No. 11400 and is charged thereon
under the same violation as herein, for which case, he
proposes the same plea bargain and be included under this
proposal;

5. Thereafter, all of the accused intends to avail probation

under the Probation Law.

Most respectfully submitted. 12 November 2021, Bacolod City

for Silay City, Negros Occidental, Philippines.

MALUNES, MAMPANG & MONTORO

LAW OFFICE
Room 304/202, Park Lane Building,
Hilado-Tindalo Ave., Bacolod City
Tel. No. (034)468-5090

BY:

ARIEL I. MALUNES
Counsel for the Accused
Roll of Attorney No. 51729
IBP No. 139225, 1/21/2021, Bacolod City
PTR No. 3697282, 01/14/2021 – E.B. Magalona, Neg. Occ.
MCLE Compliance No. VI- 0008713
Valid until April 14, 2022
e-mail: bluesride1971@yahoo.com

Copy furnished:

Office of the Provincial Prosecutor

Province of Negros Occidental
Hall of Justice, Silay City

NBI – Bacolod City Office

Aguinaldo St., Bacolod City

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 EXPLANATION

Due to urgency and to avoid physical contact in accordance with

the COVID 19 health protocol, the herein motion was furnished to the
office of the Provincial Prosecutor of Negros Occidental and NBI
Bacolod and filed to this Honorable Court via electronic mail.

ARIEL I. MALUNES