WHAT IS PLEA BARGAINING?

> It is the disposition of criminal charges by agreement between the prosecution and the accused

> The accused and the prosecutor in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval

> It usually involves the defendant’s pleading guilty to a lesser

offense or to only one or some of the counts of a multi-count indictment in return for a lighter
sentence than that for the graver charge

> It is encouraged because it leads to prompt and final disposition of

most criminal cases. It shortens the time between charge and
disposition and enhances whatever may be the rehabilitative prospects of the guilty when they
are ultimately imprisoned

WHEN IS PLEA BARGAINING NOT

ALLOWED?
> It is not allowed under the Dangerous Drugs Act where the imposable penalty is reclusion
perpetua to death.

WHAT IF THERE IS A PLEA

BARGAINING ARRIVED AT?
1. Issue an order which contains the plea bargaining arrived at;

2. Proceed to receive evidence on the civil aspect of the case; and

3. Render and promulgate judgment of conviction, including the civil liability or damages duly
established by the evidence.
WHAT HAPPENS IF THERE WAS NO
PLEA BARGAINING AGREEMENT?
WHAT WOULD THE COURT DO?
1. Adopt the minutes of preliminary conference as part of the pre-
trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due
execution of documents and list object and testimonial evidence;
2

. Scrutinize every allegation of the information and the statements

in the affidavits and other documents which form part of the
record of the preliminary investigation and other documents
identified and marked as exhibits in determining farther
admissions of facts, documents and in particular as to the following:

a. The identity of the accused;

b. Court's territorial jurisdiction relative to the offense/s charged;

c. Qualification of expert witness/es;

d. Amount of damages;

e. Genuineness and due execution of documents;

f. The cause of death or injury, in proper cases;

g. Adoption of any evidence presented during the preliminary investigation;

h. Disclosure of defenses of alibi, insanity, self-

defense, exercise of public authority and justifying or exempting circumstances; and

i. Such other matters that would limit the facts in issue.

3. Define factual and legal issues;

4. Ask parties to agree on the specific trial dates and adhere to the
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
promulgation of decision and use the time frame for each stage in setting the trial dates;

5. Require the parties to submit to the Branch COC the names,

addresses and contact numbers of witnesses that need to be summoned by subpoena; and

6. Consider modification of order of trial if the accused admits the charge but interposes a
lawful defense.
“The Court’s decision of 15 August 2017 struck Section 23 of RA 9165 (which had
prohibited plea bargaining in all proceedings involving the violation of the Dangerous
Drugs Law) as unconstitutional for being contrary to the rule-making authority of the
Court,” Te said in a press briefing.
The high court ruled in favor of Salvador Estipona Jr., who argued in his petition that
“those accused of other heinous crimes such as murder, some acts of rape, and other
crimes where the maximum imposable penalty is either life imprisonment, reclusion
perpetua, or death, are allowed into plea bargaining under Section 1, Rule 118 of the
Revised Rules on Criminal Procedure.”
Estipona, who is charged with possession of 0.084 grams of crystal meth (shabu), has
filed motions for plea bargain but was junked twice by Lobrigo, citing the now-
unconstitutional provision.
Under the law, plea bargaining means an accused will plead guilty to a lesser offense
with the consent of the prosecutor.
The SC upheld its earlier decision that Section 23 of RA 9165 was contrary to Article
8, Section 5 (5) of the 1987 Constitution giving the high court the authority to allow
plea bargaining.
The said provision stated that any person charged under any provision of law –
regardless of the imposable penalty – shall be denied plea bargaining or pleading
guilty to a lesser offense with the consent of the prosecutor.
It guarantees “protection and enforcement of constitutional rights, pleading, practice
and procedure in all courts, the admission to the practice of law, the integrated bar and
legal assistance to the underprivileged.”

Read more: http://newsinfo.inquirer.net/943701/plea-bargaining-deal-agreement-drug-

case-supreme-court-offense-constitution#ixzz5CZ9nkHK7
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