REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7TH

JUDICIAL REGION BRANCH 91 MANDAUE CITY PEOPLE OF THE

PHILIPPINES, Plaintiff R-CEB. 32123 CR
-versus- For: VIOLATION OF SEC. 5 ART. II of
R.A. 9165 GWAPA UNTA, Defendant.
x-------------------------------------------x MOTION TO ENTER INTO PLEA
BARAGAINING AGREEMENT COMES NOW, Accused GWAPA
UNTA, through the undersigned counsel, most respectfully avers THAT:
1. The accused was charged in Criminal Case No. R-CEB. 32123 CR
for violation of Section 5 article II of RA 9165, otherwise known as
Dangerous Drug Act of 2002 for allegedly selling a plastic sachet
containing 4.46 grams of white crystalline substance, otherwise known
as “SHABU”; 2. The accused comes before the Honorable Court with
this motion to enter into plea bargaining agreement for the crime above-
captioned; 3. In several cases decided by the Supreme Court, plea
bargaining is allowed during the arraignment, the pre-trial, or even up to
the point when the prosecution already rested its case. The accused is
also authorized under Section 2, Rule 116 of the Revised Rules of
Criminal Procedure, after arraignment but before trial, to plead guilty
to a lesser offense which is necessarily included in the offense charged
after withdrawing her plea of not guilty; 4. In view of the Resolution
issued by the Supreme Court ordering the Adoption of the Plea-
Bargaining Framework in Drug Cases, the acceptable plea bargain for
violation of Section 5 Article II of RA 9165 involving Marijuana
weighing .01 grams to 9.99 grams is Section 12 Article II which is
possession of equipment, instrument, apparatus and other
paraphernalia for Dangerous Drugs the penalty of which is 6 months
and 1 day to 4 years and a fine ranging from P10,000 to P50,000;

. Based on the foregoing Rules, Procedures, Jurisprudence and the

Resolution issued by the Supreme Court ordering the Adoption of Plea
Bargaining Framework in Drug Cases, the accused, with the assistance
of her counsel, offers to plead guilty to a lesser offense as follows: 6.
The accused withdraws her plea of not guilty and offers to enter a plea
of guilty to the lesser offense of violation of Section 12 Article II of RA
9165 or possession of equipment, instrument, apparatus and other
paraphernalia for Dangerous Drugs considering that the amount of
dangerous drugs confiscated from the accused has a total of 4.46
grams of SHABU and that such crime is an acceptable plea
bargain for the offense charged against her under Criminal Case
No. R-CEBU 32123 CR, with admission of the facts constituting the
lesser offense, but not the offense charged; 7. We humbly come before
this Honorable Court to pray for the approval of this motion allowing the
accused to plead guilty to the lesser offense of violation of Section
12 Article II of RA 9165, the penalty of which is 6 months and 1 day to 4
years and a fine ranging from P10,000 to P50,000. WHEREFOR,
premises all considered, it is respectfully prayed of this Honorable Court
that the Motion to Enter into Plea Bargaining Agreement of the accused
be GRANTED. Other relief just and equitable under the premises are
likewise prayed for. Mandaue City, May 21, 202