Professional Documents
Culture Documents
Motion To Allow The Accused To Enter Into Plea Bargaining
Motion To Allow The Accused To Enter Into Plea Bargaining
Motion To Allow The Accused To Enter Into Plea Bargaining
XXXXXXX,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x
1. The accused has been charged for violation of Section 11, Article II of
R.A. 9165 for possession of:
a. One newspaper pack containing dried marijuana fruiting tops;
b. One self-sealing transparent plastic bag containing marijuana
leaves weighing 11.9451 grams; and
c. One marijuana stalk weighing 0.03893 gram.
3. The accused comes before this Honorable Court with his plea-
bargaining proposal after he had entered a plea of not guilty for
violation of Section 11, Article II of R.A. 9165. Section 2, Rule 116 of
the Revised Rules of Court allows a plea of guilty to a lesser offense
after arraignment but before trial.
4. The accused hereby withdraws his plea of not guilty and offers to enter
a plea to the lesser offense of violation of Section 12, Article II of R.A.
9165 (Possession of Equipment, Apparatus and Other Paraphernalia for
Dangerous Drugs). This is in consonance with the Supreme Court’s
Adoption of the Plea-Bargaining Framework in Drugs Cases in A.M.
No. 18-03-16-SC.
Page 1 of 2
5. The penalty for violation of Section 12, Article II of R.A. 9165
(Possession of Equipment, Apparatus and Other Paraphernalia for
Dangerous Drugs) is 6 months and 1 day to 4 years and a fine ranging
from P10,000.00 to P50,000.00. Furthermore, A.M. No. 18-03-16-SC
provides that, “The court is given the discretion to impose a minimum
period and a maximum period to be taken from the range of the penalty
provided by law. A straight penalty within the range of 6 months and 1
day to 1 year may likewise be imposed.”
6. The accused also prays that the circumstances of his being a first-time
offender and the very minimal quantity of 11.98403 grams of marijuana
seized in his possession be appreciated in his favor in the imposition of
the penalty.
Respectfully submitted.
ATTY. XXXXXXXX
Counsel for the Accused
__________________________
xxxxx
Accused
NOTICE OF HEARING
Page 2 of 2