Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 108
City of Cabuyao, Laguna

PEOPLE OF THE PHILIPPINES

CRIM. CASE No. 27165-B

-versus-
For: Violation of Sec 5, Art II
RA9165
ELMER MERLIN y PALISOS
@ LUYA, and JOSIE MELENDREZ
y VARGA @ JOSIE
Accused
x----------------------------------------x

MOTION TO PLEA BARGAIN

Accused, JOSIE MELENDREZ y VARGA, by and through
counsel, 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 for Violation of Sec 5,

Art II RA9165 punishable by penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00);
 

2. The Supreme Court (SC) has reiterated its En Banc

resolution in A.M. No. 18-03-16-SC or the Adoption of the
Plea Bargaining Framework in Drug Cases, among others,
that plea bargaining in drugs cases is allowed and probation
may be availed of in the following instances:

1. When the accused is charged with possession of

dangerous drugs under Section 11 of RA 9165 and
the quantity of “shabu” is less than 5 grams or in case
of marijuana, it is less than 300 grams.
2. When the accused is charged under Section 5 of RA
9165 with the sale of “shabu” and the quantity found

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 in his/her possession is less than 1 gram; or if
marijuana only, it is less than 10 grams.
3. When the accused is charged under Section 13
(Possession of Dangerous Drugs During Parties,
Social Gatherings or Meetings) in relation to Section
11 of RA 9165 and the quantity of the dangerous
drug in his/her possession is less than 5 grams; or in
case it is marijuana, the quantity is less than 300
grams.
4. When the accused is an employee or a visitor of a
drug den, dive or resort provided that he/she is
charged solely under Section 7 of RA 9165, and
there is no other person charged for maintaining the
said drug den, dive, or resort.               

3. That the accused is charged under Section 5 of RA 9165

with the sale of metamphetamine hydrochloride known as
“shabu” and the quantity found in her possession is weighing
0.04 gram thus entitled her to plea for lesser offense;

4. That the Accused hereby withdraws her plea of not guilty

and offers a plea to the lesser offence of Violation of Section
12, Art. II RA 9165 which is necessarily included in RA 9165
the offense charged in Criminal Case No. 595-C-2019 with
admission of the facts constituting the lesser offense, but not
the offense charged;

5. The accused also prays that the circumstances of plea of

guilty and necessity be appreciated in her favor in imposition
of the penalty;

Respectfully Submitted. January 25, 2021 in City of Cabuyao,

Laguna.

ATTY. NESTOR A. LOABLE

Counsel for the Accused

At my instance and with conformity:

JOSIE MELENDREZ y VARGA

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 Accused

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR

City of Cabuyao, Laguna

NOTICE OF HEARING

The Clerk of Court

Regional Trial Court, Branch 108
City of Cabuyao, Laguna

GREETINGS:

Please be notified that the undersigned submits the foregoing

Plea-Bargaining for the consideration/approval of this Honorable
Court upon receipt hereof and hearing be set on February 18, 2021 at
8:30 o’clock in the morning.

ATTY. NESTOR A. LOABLE

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