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    Plea Bargaining Proposal Content

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    Diane Dee
    The document is a plea-bargaining proposal from an accused person's legal counsel. It requests that the accused be allowed to plead guilty to a lesser offense for two criminal cases in exchange for a more lenient penalty. Specifically, it proposes pleading guilty to possession of a controlled substance under Section 12 rather than Section 11, and to a lesser offense under Section 31 rather than Section 28(a) of the relevant laws. It notes the accused is a first-time offender seeking to expedite the proceedings and avail of probation. The counsel requests the court approve this plea-bargaining proposal.

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    Plea Bargaining Proposal Content

    Uploaded by

    Diane Dee
    38 views2 pages
    The document is a plea-bargaining proposal from an accused person's legal counsel. It requests that the accused be allowed to plead guilty to a lesser offense for two criminal cases in exchange for a more lenient penalty. Specifically, it proposes pleading guilty to possession of a controlled substance under Section 12 rather than Section 11, and to a lesser offense under Section 31 rather than Section 28(a) of the relevant laws. It notes the accused is a first-time offender seeking to expedite the proceedings and avail of probation. The counsel requests the court approve this plea-bargaining proposal.

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    The document is a plea-bargaining proposal from an accused person's legal counsel. It requests that the accused be allowed to plead guilty to a lesser offense for two criminal cases in exchange for a more lenient penalty. Specifically, it proposes pleading guilty to possession of a controlled substance under Section 12 rather than Section 11, and to a lesser offense under Section 31 rather than Section 28(a) of the relevant laws. It notes the accused is a first-time offender seeking to expedite the proceedings and avail of probation. The counsel requests the court approve this plea-bargaining proposal.

    Copyright:

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

    Plea Bargaining Proposal Content

    Uploaded by

    Diane Dee
    The document is a plea-bargaining proposal from an accused person's legal counsel. It requests that the accused be allowed to plead guilty to a lesser offense for two criminal cases in exchange for a more lenient penalty. Specifically, it proposes pleading guilty to possession of a controlled substance under Section 12 rather than Section 11, and to a lesser offense under Section 31 rather than Section 28(a) of the relevant laws. It notes the accused is a first-time offender seeking to expedite the proceedings and avail of probation. The counsel requests the court approve this plea-bargaining proposal.

    Copyright:

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

    MANIFESTATION/

    PLEA-BARGAINING PROPOSAL

    COMES NOW accused, thru the undersigned Counsel, most respectfully avers:

    1. Accused was charged in Criminal Case No. R-DVO-20-00887-CR with


    Violation of Section 11, in relation to Section 25 of Republic Act No. 9165. The information
    therein alleged that the plastic sachets recovered from the accused contained traces of white
    crystalline substance or “shabu”. The said quantity is within the plea-bargaining framework
    provided by the Supreme Court;

    2. Pursuant to Estipona v. Judge Lobrigo, G.R. No. 226679, August 15, 2017, the
    Supreme Court declared Section 23 (prohibition to plea-bargaining) of Republic Act No. 9165
    unconstitutional. In relation thereto, OCA Circular No. 09-2018 was issued last January 17,
    2018, informing all judges of the Regional Trial Courts that the decision in the above-mentioned
    case has become final and executory on November 7, 2017. On April 10, 2018, the Supreme
    Court en banc issued a Resolution in Administrative Matter No. 18-03-16-SC adopting the Plea
    Bargaining Framework in Drugs Cases;

    3. In view thereof, the accused would like to plead guilty to the lower offense
    provided under Section 12 of the same law where the imposable penalty is imprisonment from
    six (6) months and one (1) day to four (4) years and a fine ranging from Ten Thousand Pesos
    (P10,000.00) to Fifty Thousand Pesos (P50,000.00);

    4. In Criminal Case No. 32683, the accused was charged with Violation of Section
    28 (a) of Republic Act No. 10591. The accused intends to plead guilty to the lesser provided
    under Section 31 of the same law where the imposable penalty is prision correccional and a fine
    of Ten Thousand Pesos (P10,000.00)

    5. The accused is a first time offender and her pure intention in plea-bargaining is to
    expedite the proceedings and to avail the benefits of Probation Law.

    WHEREFORE, premises considered, it is most respectfully manifested that the instant


    Manifestation/Proposal for Plea-Bargaining be duly CONSIDERED, APPROVED and GIVEN
    DUE COURSE by this Honorable Court by allowing accused to plead guilty to proposed lesser
    offense under the same law.

    Other reliefs, just and reasonable under the premises, are likewise prayed for.

    Davao City, Philippines, May 26, 2020.

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