Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 40
Cagayan de Oro City
-o0o-

MOTION TO ENTER INTO PLEA

BARGAINING AGREEMENT
(with Entry of Appearance)

ACCUSED, through the undersigned counsel, and unto the

Honorable Court, most respectfully states THAT:

By way of Entry of Appearance:

1. At the outset, the undersigned is most respectfully entering

his appearance as counsel for the accused. As such, the undersigned
prays that he be furnished with all the notices, orders and other legal
processes of this Honorable Court with his office address indicated
below;

By way of motion:

2. Accused is charged with violation of the Comprehensive

Dangerous Drugs Act of 2002, as amended particularly that of
Section 5 (Selling of Dangerous Drugs) for Criminal Case No. R-
CDO-20-00122-CR & Section 11 (Possession of Dangerous Drugs) for
Criminal Case No. R-CDO-20-00123-CR;

3. The above-enumerated offenses carries the following

penalties, viz:

 As to Section 5, penalty of life imprisonment to death

and a fine ranging from Five Hundred Thousand Pesos (Php
500,000.00) to Ten Million Pesos (Php 10,000,000.00);

 As to Section 11, given the quantity involved of .3985

gram, penalty of imprisonment of 12 years and 1 day to 20
years and a fine ranging from Three Hundred Thousand Pesos
(Php 300,000.00) to Four Hundred Thousand Pesos (Php
400,000.00);
1
 4. In line with the ruling of the Honorable Supreme Court in
the case Estipona vs Hon. Lobrigo1 in relation with A.M. No. 18-03-
16-SC dated April 10, 2018, both accused would like to enter into a
plea bargaining agreement with the State through the Honorable
Court, and to plea guilty for the following offense, thus:

 For Violation of Section 5, considering of the quantity

of .1278 gram being involved, accused will plead guilty to
Violation of Section 12 (Possession of Equipment, Apparatus and
Other Paraphernalia for Dangerous Drugs) with straight penalty of
imprisonment of 1 year and a fine of P10,000.00 without
subsidiary imprisonment in case of insolvency.

 For Violation of Section 11, considering of the quantity

of .3985 gram involved, accused will plead guilty to Violation
of Section 12 (Possession of Equipment, Apparatus and Other
Paraphernalia for Dangerous Drugs) with straight penalty of
imprisonment of 1 year and a fine of P10,000.00 without
subsidiary imprisonment in case of insolvency.

4. Accused believe with all humility that the plea bargaining

agreement, if approved, would be beneficial to all parties concerned,
as it would save time and effort that a trial would entail.

WHEFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that the offer of the Accused to
enter into a plea bargaining agreement BE APPROVED.

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

January 15, 2021, City of Cagayan de Oro.

1
G.R. No. 226679, August 15, 2017.