Republic of the Philippines

MUNICIPAL TRIAL COURT OF MERCEDES

Province of Camarines Norte
5th Judicial Region

PEOPLE OF THE PHILIPPINES,

Complainant,

- versus - CRIMINAL CASE No. ___________

For: DIRECT ASSAULT

JUAN DELA CRUZ,

Accused.
x------------------------------------------------x

MOTION TO ALLOW THE ACCUSED TO

PLEAD GUILTY TO A LESSER OFFENSE

COMES NOW, the accused assisted by the Public Attorney’s

Office and unto the Honorable Court respectfully avers, that:

1. During the arraignment/pre-trial on August 7, 2019, the accused

intimated his intention to plead guilty to a lesser offense of
Simple Disobedience to an Agent of Person in Authority under
second paragraph of Article 151 of the Revised Penal Code;

2. The proposal was objected to by the Prosecution on ground that

the offended party is a police officer who is a person in authority,
thus, accused cannot plead guilty to the aforementioned lesser
offense as it applies only when the offended party is only an
agent of person in authority;

3. Art. 152 of the Revised Penal Code provides that,

“In applying the provisions of the preceding and other articles
of this Code, any person directly vested with jurisdiction,
whether as an individual or as a member of some court or
governmental corporation, board, or commission, shall be
deemed a person in authority. A barrio captain and a
barangay chairman shall also be deemed a person in
authority.
 A person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the
maintenance of public order and the protection and security
of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes
to the aid of persons in authority, shall be deemed an agent
of a person in authority”;
From the above-cited provision of law, an ordinary police
officer is not vested with jurisdiction and is merely charged with
the maintenance of public order and the protection and security
of life and property, thus, he is an agent of person in
authority. Therefore, the accused Juan Dela Cruz may validly
enter a plea of guilty to the lesser offense of Simple Disobedience
to an agent of person in authority subject to the sound discretion
of the Honorable Court;
4. After the legal consequences of entering a plea of guilty to a
lesser offense was explained to the accused, the latter wishes to
this Honorable Court that his previous proposal of entering a plea
of guilty to the lesser offense of Simple Disobedience to an agent
of person in authority be reconsidered;

5. The accused only wishes that he be released if his proposal to

plead guilty to a lesser offense will be granted, considering that
he has been in detention since June 24 2019. That he wishes to
be released since he is the sole provider of his family who has
seven minor children that depends on him while his live-in
partner is jobless;

6. That, this motion is not intended to delay the proceedings in the

above-entitled case but primarily for the reasons afore-cited.
WHEREFORE, in view of the foregoing premises, it is
respectfully prayed of this Honorable Court that this Motion to Allow
the Accused to Plead Guilty to a Lesser Offense be noted and admitted
into the Records of this case and after due consideration thereof,
GRANT the same.
Other reliefs just and equitable under the premises are likewise
prayed for.
___ August 2019, Daet, Camarines Norte.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Daet District Office
 By:

John Doe
Public Attorney I
Roll No. 12345, August 31, 2018
IBP No. 055700/ 12-11-18
MCLE Compliance No. VI-0000000

NOTICE OF HEARING

TO: Pros. _________________________

Provincial Prosecutor’s Office
Daet, Camarines Norte

Office of the Clerk of Court

Municipal Trial Court of Mercedes

Greetings!

Please take notice that the foregoing motion shall be presented

for consideration and approval of the Honorable Court immediately
from receipt hereof sans argument and appearance of counsel.

John Doe

Copy furnished:

Pros. ____________________________
PPO, Daet, Camarines Norte