LEGAL MEMORANDUM

TO: Atty. Jose Angelo David

FROM: Melissa Anne H. Delos Reyes

Maria Angelica Enfectana
Lance Agana
Kara Victoria Cases
Sarahlyn Felix

RE: Classification to the Definition of Plea Bargaining; The Instances that Allows Plea
Bargaining; The Rationale of R.A. 9165 and Similar Laws which Prohibit Plea
Bargaining
____________________________________________________________________________

ISSUES

1) What is plea bargaining in criminal cases?

2) Is there any statute which specifically allows prosecutors to enter into plea
bargaining agreements with the accused?
3) R.A. 9165 prohibits an accused from entering into plea bargaining with the
prosecution. What is the rationale behind the law?
4) Aside from R.A. 9165, what other laws prohibit plea bargaining?

DISCUSSION

1) The Supreme Court in the case of Daan vs. Sandiganbayan (G.R Nos.
163972-77, March 28, 2008) explained what plea bargaining is:

Plea Bargaining in criminal cases is a process whereby the accused and the
prosecution work out a mutually satisfactory disposition of the case subject to court
approval. It usually involves the defendants pleading guilty to a lesser offense or
to only one or some of the counts of a multi-count indictment in return for a lighter
sentence than that for the graver charge.

2) Plea bargaining is authorized under Section 2, Rule 116 of the Revised

Rules of Criminal Procedure , to wit:

SEC. 2. Plea of guilty ti a lesser offense. - At arraignment, the accused, with the
consent of the offended party and the prosecutor, may be allowed by the trial court
to plead guilty to a lesser offense which is necessarily included in the offense
charged. After arraignment but before trial, the accused may still be allowed to plead
guilty to said lesser offense after withdrawing his plea of not guilty. No amendment
of the complaint or information is necessary. (sec. 4, cir. 38-98)

3) Under the new Dangerous Drugs Law or Republic Act 9165, all drug
convicts are prohibited from availing of the benefits of probation. In the past, many
drug offenders resorted to plea bargaining and abused the probation law to avoid
serving time in prison (Cayetano, 2002).

Cayetano further disclosed that many accused pushers facing 12 to 30

years in prison simple pleaded guilty to a less grave drug offense punishable by six
years in prison or less and after conviction, they simply sought probation. That is
why we actually had cases wherein convicted pushers were able to go scot-free and
able to ply their nefarious trade the following day.

The new Dangerous Drugs Law has put an end to this anomaly. Pushers
can no longer avail of plea bargaining for the purpose of probation.

4) Up to date, only R.A. 9165 or the Dangerous Drugs Act prohibits plea
bargaining where the imposable penalty is reclusion perpetua. In People vs Kayanan
(L-39355, May 31, 1978, 83 SCRA 437, 450) the court held that the rules allow such
plea bargaining only when the prosecution does not have sufficient evidence to
establish the guilt of the crime charged.

In the US, attorneys may not make plea agreements which prejudice civil or
tax liability without the express agreement of all affected divisions or agencies (USAM
9-27.630).

CONCLUSION

Plea bargaining is the disposition of criminal charges by agreement between the

prosecution and the accused. In a criminal case, they work out a mutually satisfactory
disposition of the case subject to court approval. It usually involves the defendants pleading
guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in
return for a lighter sentence than that for the graver charge.

Plea bargaining is encouraged because it leads to prompt and final disposition of most
criminal cases. It shortens the time between charge and disposition and enhances whatever
may be the rehabilitative prospects of the guilty when they are ultimately imprisoned.

It should not be exercised in a capricious, whimsical and arbitrary fashion. Instead, a plea
bargaining agreement should ultimately redound to the benefit of the public (Guingona, 2011).

The Plea Bargaining Act of 2011 requires the prosecution and the court to inquire
carefully into the circumstances and motivations on which these are premised with the
paramount interest of justice and the public given due consideration. It also sets rules on
acquiring the consent of the offended party and additional parties in the case, the time of
availment of the deal, and the conditions to enter into a plea bargain deal during the course of a
trial.

Ordinarily, plea bargaining is made during the pre-trial stage of the proceedings. Sections
1 and 2, Rule 118 of the Rules of Court, require plea bargaining to be considered by the trial
court at the pre-trial conference but it may also be made during the trial proper and even after
the prosecution has finished presenting its evidence and rested its case.
 Section 2, Rule 116 of the Rules of Court presents the basic requirements upon which
plea bargaining may be made, i.e., that it should be with the consent of the offended party and
the prosecutor, and that the plea of guilt should be to a lesser offense which is necessarily
included in the offense charged. Trial courts are exhorted to keep in mind that a plea of guilty for
a lighter offense than that actually charged is not supposed to be allowed as a matter of
bargaining or compromising for the convenience of the accused.

Sources:

Galacio, A. G. (2010). Legal Procedures 11: Arraignment and pre-trial. Retrieved October
4, 2016, from https://famli.blogspot.com/2010/06/legal-procedures-11-arraignment-
and-pre.html?m=1

Plea Bargaining. (n.d.). Retrieved October 4, 2016, from http://

remediallawnotes.blogspot.com/2014/bargaining.html?m=1

What is Plea Bargaining? (2010). Retrieved October 4, 2016, from https://

pinoylegalblog.wordpress.com/2010/11/03/what-is-plea-bargaining/