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    Daan V Sandiganbayan

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    Ara Belle
    1) Joselito Raniero J. Daan, accused of malversation of public funds and falsification of public documents by a public officer, appealed the denial of his plea bargaining proposal by the Sandiganbayan. 2) The Sandiganbayan denied the plea bargain despite favorable recommendation by the prosecution, citing no cogent reason for approval. 3) The Supreme Court ruled that falsification by a private individual, a lesser offense, is necessarily included in the charge of falsification by a public officer. It ordered the Sandiganbayan to grant the plea bargain.

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    Daan V Sandiganbayan

    Uploaded by

    Ara Belle
    118 views2 pages
    1) Joselito Raniero J. Daan, accused of malversation of public funds and falsification of public documents by a public officer, appealed the denial of his plea bargaining proposal by the Sandiganbayan. 2) The Sandiganbayan denied the plea bargain despite favorable recommendation by the prosecution, citing no cogent reason for approval. 3) The Supreme Court ruled that falsification by a private individual, a lesser offense, is necessarily included in the charge of falsification by a public officer. It ordered the Sandiganbayan to grant the plea bargain.

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    Rule 116

    Original Title

    Daan v Sandiganbayan

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    1) Joselito Raniero J. Daan, accused of malversation of public funds and falsification of public documents by a public officer, appealed the denial of his plea bargaining proposal by the Sandiganbayan. 2) The Sandiganbayan denied the plea bargain despite favorable recommendation by the prosecution, citing no cogent reason for approval. 3) The Supreme Court ruled that falsification by a private individual, a lesser offense, is necessarily included in the charge of falsification by a public officer. It ordered the Sandiganbayan to grant the plea bargain.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    118 views2 pages

    Daan V Sandiganbayan

    Uploaded by

    Ara Belle
    1) Joselito Raniero J. Daan, accused of malversation of public funds and falsification of public documents by a public officer, appealed the denial of his plea bargaining proposal by the Sandiganbayan. 2) The Sandiganbayan denied the plea bargain despite favorable recommendation by the prosecution, citing no cogent reason for approval. 3) The Supreme Court ruled that falsification by a private individual, a lesser offense, is necessarily included in the charge of falsification by a public officer. It ordered the Sandiganbayan to grant the plea bargain.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Rule 116

    DAAN v. SANDIGANBAYAN

    [G.R. NOS. 163972-77 : March 28, 2008]

    Facts of the Case:

    Joselito Raniero J. Daan (petitioner), one of the accused charged with three
    counts of malversation of public funds and three counts of falsification of public
    document by a public officer or employee, questions the denial by
    the Sandiganbayan of his plea bargaining proposal.

    The Sandiganbayan, dated March 25, 2004, denied petitioner's Motion to Plea
    Bargain, despite favorable recommendation by the prosecution, on the main
    ground that no cogent reason was presented to justify its approval.5

    The Sandiganbayan likewise denied petitioner's Motion for Reconsideration in


    a Resolution dated May 31, 2004.

    This compelled petitioner to file the present case for certiorari and prohibition
    with prayer for the issuance of a temporary restraining order and/ or writ of
    preliminary injunction under Rule 65 of the Rules of Court.

    Issue: Whether the lesser offense of falsification of a public document by a


    private individual is necessary included in the crime of falsification of public
    document by a public officer, hence petitioner may please guilty to the former.

    Ruling: Yes. The petition is meritorious.

    Section 2, Rule 116 of the Rules of Court presents the basic requisites upon
    which plea bargaining may be made, i.e., that it should be with the consent
    of the offended party and the prosecutor,10 and that the plea of guilt should
    be to a lesser offense which is necessarily included in the offense charged.
    The rules however use word may in the second sentence of Section 2, denoting
    an exercise of discretion upon the trial court on whether to allow the accused
    to make such plea.11 Trial courts are exhorted to keep in mind that a plea of
    guilty for a lighter offense than that actually charged is not supposed to be
    allowed as a matter of bargaining or compromise for the convenience of the
    accused.

    In People of the Philippines v. Villarama, the Court ruled that the acceptance
    of an offer to plead guilty to a lesser offense is not demandable by the accused
    as a matter of right but is a matter that is addressed entirely to the sound
    discretion of the trial court.

    It appears that the act of the accused in pleading guilty for a lesser offense of
    falsification by private individual defined and penalized under Article 172 of
    the Revised Penal Code will strengthen the cases against the principal
    accused, the Municipal Mayor Benedicto Kuizon, who appears to be the master
    mind of these criminal acts. After all, DAAN was merely designated as
    draftsman detailed as foreman/timekeeper of the Municipality.

    The petition is GRANTED. The Sandiganbayan is hereby ORDERED to grant


    petitioner's Motion to Plea Bargain.

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