Motion To Enter Into Plea-Bargaining Agreement

Republic of the Philippines
REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 5
Bongao, Tawi-Tawi
THE PEOPLE OF CRIMINAL CASE NO. 3582-5

THE PHILIPPINES
Plaintiff,
-versus- -for-
MANTONG JAIRAN VIOLATION OF SEC. 11,

LUGIYATI, ARTICLE II OF R.A. 9165
Accused.
X------------------------------X
MOTION TO ENTER INTO PLEA BARGAINING

WITH THE PROSECUTION
COMES NOW, the accused through the undersigned counsel

from the Public Attorney’s Office and unto this Honorable Court, most
respectfully avers THAT:
1. The abovenamed accused is presently charged with violation

of Section 111, Article II of Republic Act No. 91652 in the above-entitled
case.
2. Section 2, Rule 116 of the Revised Rules on Criminal Procedure

provides:
“Plea of guilty to a lesser offense. — At arraignment, the

accused, with the consent of the offended party and the
prosecutor, may be allowed by the trial court to plead guilty to
a lesser offense which is necessarily included in the offense
charged. After arraignment but before trial, the accused may
still be allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary.”
3. 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
1
Possession of Dangerous Drugs
2
Comprehensive Dangerous Drugs Act of 2002
Page 1 of 3
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.3
4. Corollarily, pursuant to A.M. No. 18-03-16-SC4 of the

Honorable Supreme Court and Department Circular No. 0185 of the
Department of Justice, the acceptable lesser offense for Section 11,
Article II of R.A. 9165 where the quantity of methamphetamine
hydrochloride involved is less than 5 grams, is Section 12, Article II of
R.A. 9165.
5. In view of the above considerations, the accused respectfully

moves that he be allowed to plead guilty to the lesser offense of
Section 126, Article II of Republic Act No. 9165 given that the quantity
of shabu involved is well-within the permissible threshold as provided
for under the aforementioned issuances.
6. If allowed by this Honorable Court to plead guilty to the said

lesser offense, the accused most respectfully begs of this Honorable
Court that he be meted with a straight penalty within the range of 6
months and 1 day to 1 year based on the following grounds: he is a
first-time offender; the quantity of shabu involved is well-within the
permissible threshold as provided for under the aforementioned
issuances; the accused is an indigent; and he is yet to be arraigned.
7. Further, the accused is willing to undergo the required drug

dependency examination at the Integrated Provincial Health Office of
Tawi-Tawi and/or Datu Halun Sakilan Memorial Hospital.
8. In light of the foregoing, it is most respectfully prayed that

the accused be allowed to plead guilty to the said lesser offense.
PRAYER
WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that this motion be granted.
OTHER RELIEFS, just and equitable under the circumstances

are likewise prayed for.
MOST RESPECTFULLY SUBMITTED.
15 October 2024. Bongao, Tawi-Tawi, Philippines.
3
Estipona v. Lobrigo, G.R. No. 226679, August 15, 2017
4
Adoption of the Pea Bargaining Framework in Drugs Cases dated 10 April 2018
5
Revised Guidelines on Plea Bargaining for Republic Act No. 9165 Otherwise known as the
Comprehensive Dangerous Drugs Act of 2002
6
Possession of Drug Paraphernalia
Page 2 of 3
PUBLIC ATTORNEY’S OFFICE
Department of Justice
Tawi-Tawi, District Office
2nd Floor, Hall of Justice Bldg.
Tubig Boh,Bongao, Tawi-Tawi
By:
ATTY. MOHAMMAD AHMAD N. AMSAWA

Public Attorney III
Roll No. 60262
CY 2024 IBP O.R. No. 373233; 12/23/2023
MCLE Compliance No. VII-0025005; 12/27/2022
X---------------------------------------------------------------------------------X
THE OIC-CLERK OF COURT
Regional Trial Court of Tawi-Tawi
Branch 5, Bongao, Tawi-Tawi
MYRA P. BANGUD-ALGAR
Deputy Provincial Prosecutor
Provincial Prosecutor’s Office
Bongao, Tawi-Tawi
Greetings!
Please kindly submit and schedule the foregoing Motion for

evaluation and consideration of the Honorable Court immediately upon
receipt sans further oral argument.
RESPECTFULLY SUBMITTED.
15 October 2024. Bongao, Tawi-Tawi.
PUBLIC ATTORNEY’S OFFICE

Department of Justice
Tawi-Tawi, District Office
Tubig Boh, Bongao, Tawi-Tawi
BY:
ATTY. MOHAMMAD AHMAD N. AMSAWA

Public Attorney III
Copy Furnished:
MYRA P. BANGUD-ALGAR
Deputy Provincial Prosecutor
Page 3 of 3

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Republic of the Philippines

REGIONAL TRIAL COURT

THE PEOPLE OF CRIMINAL CASE NO. 3582-5

MANTONG JAIRAN VIOLATION OF SEC. 11,

MOTION TO ENTER INTO PLEA BARGAINING

COMES NOW, the accused through the undersigned counsel

1. The abovenamed accused is presently charged with violation

2. Section 2, Rule 116 of the Revised Rules on Criminal Procedure

“Plea of guilty to a lesser offense. — At arraignment, the

3. In this jurisdiction, plea bargaining has been defined as "a

4. Corollarily, pursuant to A.M. No. 18-03-16-SC4 of the

5. In view of the above considerations, the accused respectfully

6. If allowed by this Honorable Court to plead guilty to the said

7. Further, the accused is willing to undergo the required drug

8. In light of the foregoing, it is most respectfully prayed that

WHEREFORE, premises considered, it is most respectfully

OTHER RELIEFS, just and equitable under the circumstances

MOST RESPECTFULLY SUBMITTED.

15 October 2024. Bongao, Tawi-Tawi, Philippines.

ATTY. MOHAMMAD AHMAD N. AMSAWA

Please kindly submit and schedule the foregoing Motion for

15 October 2024. Bongao, Tawi-Tawi.

PUBLIC ATTORNEY’S OFFICE

ATTY. MOHAMMAD AHMAD N. AMSAWA

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