REPUBLIC OF THE PHILIPPINES

Regional Trial Court

NATIONAL CAPITAL JUDICIAL REGION
__________

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case No. _____

__________________,
Accused.
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MOTION TO ALLOW ACCUSED TO

ENTER INTO A PLEA BARGAINING AGREEMENT

COMES NOW, Accused ______, assisted by the undersigned ________ unto

this Honorable Court, most respectfully alleges that:

1. Herein accused is charged with violating Section 5 and 11, Article II of

Republic Act (R.A.) 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002. Section 23 of the aforesaid law imposes a prohibition
upon the accused to avail of the provision on plea bargaining;

2. However, in the recent case of Salvador Estipona, Jr. vs. Hon. Frank E.
Lobrigo (G.R. No. 226679, August 15, 2017), the Supreme Court has declared
Section 23 of RA 9165 as unconstitutional for being contrary to the rule-
making authority of the Supreme Court under Section 5(5), Article VIII of the
1987 Constitution. Such decision has now become final and executory;

3. In view of the foregoing pronouncement of the Supreme Court, persons

charged with violating RA 9165 may now avail of the provision on plea
bargaining. As per A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining
Framework in Drugs Cases), dated April 10, 2018, an acceptable plea bargain
of Section 5, is Section 12, Article II of RA 9165 (Possession of equipment,
instrument, apparatus and other paraphernalia for Dangerous Drugs). Whilst
an acceptable plea bargain for violation of Section 11, paragraph 3 (where the
quantity of shabu, opium, morphine, heroin or cocaine, is less than five (5)
grams) is Section 12, Article II of RA 9165 (Possession of equipment,
instrument, apparatus and other paraphernalia for Dangerous Drugs);

4. Accused, after having been duly and fully apprised of the legal consequences
of entering into a plea bargaining agreement, now respectfully prays for this
Honorable Court to allow him to withdraw her previous plea of “NOT
GUILTY” to violation of Section 5 and 11, Article II of RA 9165 and allow
her to plead guilty to the lesser offense of violation of Section 12, Article II of
RA 9165. Appended herein is a copy of his notarized Affidavit of

1
 Undertaking to Enter into Plea Bargaining Agreement to show said intent as
ANNEX “1”;

5. Furthermore, accused hereby undertakes that, should his motion be granted,

he will faithfully abide by the conditions which will be imposed upon him by
the Honorable Court.

PRAYER

WHEREFORE, premises considered. accused most respectfully prays for the

Honorable Court to allow her to withdraw his previous plea of not guilty to Section 5
and 11, Article II of RA 9165 and allow him to plead guilty to the lesser offense of
violation of Section 12, Article II of RA 9165.

All other relief or remedies which may be just and equitable under the
premises are likewise prayed for by the accused.

17 January 2020, ________.

_________________

NOTICE OF HEARING

_______________

Greetings!

Kindly submit the foregoing Motion for the consideration and approval of this
Honorable Court or soon thereafter as accused may be heard.

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Copy Furnished/Personal Service:

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