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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 155, Pasig City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASE NO. R-PSG-20-00902-CR

HOREY CONSENCINO y MONTERO

@ “Dodong”,
Accused.
x------------------------------------------x

MOTION TO ALLOW THE ACCUSED

TO ENTER INTO PLEA BARGAINING AGREEMENT

COMES NOW, Accused HOREY CONSENCINO y MONTERO,

through the assistance of the undersigned counsel, and unto this Honorable
Court, most respectfully states that:

1. Herein accused was charged for violation of Section 11, Article II of

Republic Act No. 9165 for allegedly possessing one piece heat sealed
transparent plastic sachet containing 0.04 gram of shabu;

2. In the recent case of Estipona vs. Lobrigo (G.R. No. 226679, August 15,
2017), the Supreme Court declared the prohibition on plea bargaining
for drug cases unconstitutional. Thus the accused is now allowed to
enter into plea bargaining with the Prosecution;

3. Further, on April 10, 2018, the Supreme Court adopted an En Banc

Resolution and issued OCA Circular No. 90-2018. Under the said
Circular, the Supreme Court adopted the Plea Bargaining Framework in
Drug Cases as follows:

xxx xxxx xxx

3.a)For violation of Section 11, paragraph 3 (Possession of Dangerous Drugs where the quantity of
shabu is from 0.01 to 4.99 grams, the acceptable plea bargain would Section 12 (Possession of
equipment, instrument, apparatus and other paraphernalia for dangerous drugs)

3.b) For violation of Section 5 (Sale, Trading, etc. of Dangerous Drugs) where the quantity of drugs
is from .01 to 0.99 grams, the acceptable plea bargain would be for violation of Section 12
(Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs)

xxx xxx xxx

4. Given the foregoing, the accused desires to withdraw his former plea of
not guilty in the Information for violation of Article II, Section 11 of
Republic Act No. 9165 and substitute it with a plea of guilty to the

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offense punishable under Article II, Section 12 of Republic Act No.

9165.

PRAYER

WHEREFORE, premises considered, and in the interest of justice, it is

respectfully prayed of this Honorable Court that the accused be allowed to
plead guilty to the offense punishable under Article II, Section 12 of Republic
Act No. 9165

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

Pasig City, June 11, 2020.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Counsel for the Petitioner
3 Floor, Pasig City Social Welfare Bldg.,
rd

City Hall Compound, Pasig City

By:

MERLO VINIA C. SILVA-CASTRO

Public Attorney II
Roll No. 66436
MCLE VI 0019280, 03/22/2019

NOTICE OF HEARING

ATTY. DUKE THADDEUS MAOG

Branch Clerk of Court
Branch 155, RTC, Pasig City

Greetings:

Please include the foregoing motion in the calendar of matter scheduled

to be heard and resolved by the Honorable Court on June 30, 2020 at 8:30
o’clock in the morning or immediately upon receipt hereof.

MERLO VINIA C. SILVA-CASTRO

Copy furnished:
HON. PROS. NANCY G. PEIG
CITY PROSECUTOR’S OFFICE
7TH FLOOR HALL OF JUSTICE, PASIG CITY