Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH XX
XXXX Province

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. XXXXX

Plaintiff, For: Violation of Sec. 11,
Art. II of R.A. 9165
-versus-

XXXXXXX,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO ALLOW THE ACCUSED TO ENTER INTO A

PLEA-BARGAINING AGREEMENT

The accused, by counsel, respectfully submits the following Plea-

Bargaining proposal for the Honorable Court’s consideration and approval:

1. The accused has been charged for violation of Section 11, Article II of
R.A. 9165 for possession of:
a. One newspaper pack containing dried marijuana fruiting tops;
b. One self-sealing transparent plastic bag containing marijuana
leaves weighing 11.9451 grams; and
c. One marijuana stalk weighing 0.03893 gram.

2. The violation is punishable by imprisonment of 12 years and 1 day to

20 years and a fine ranging from P300,000.00 to P400,000.00;

3. The accused comes before this Honorable Court with his plea-
bargaining proposal after he had entered a plea of not guilty for
violation of Section 11, Article II of R.A. 9165. Section 2, Rule 116 of
the Revised Rules of Court allows a plea of guilty to a lesser offense
after arraignment but before trial.

4. The accused hereby withdraws his plea of not guilty and offers to enter
a plea to the lesser offense of violation of Section 12, Article II of R.A.
9165 (Possession of Equipment, Apparatus and Other Paraphernalia for
Dangerous Drugs). This is in consonance with the Supreme Court’s
Adoption of the Plea-Bargaining Framework in Drugs Cases in A.M.
No. 18-03-16-SC.

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 5. The penalty for violation of Section 12, Article II of R.A. 9165
(Possession of Equipment, Apparatus and Other Paraphernalia for
Dangerous Drugs) is 6 months and 1 day to 4 years and a fine ranging
from P10,000.00 to P50,000.00. Furthermore, A.M. No. 18-03-16-SC
provides that, “The court is given the discretion to impose a minimum
period and a maximum period to be taken from the range of the penalty
provided by law. A straight penalty within the range of 6 months and 1
day to 1 year may likewise be imposed.”

6. The accused also prays that the circumstances of his being a first-time
offender and the very minimal quantity of 11.98403 grams of marijuana
seized in his possession be appreciated in his favor in the imposition of
the penalty.

7. Thus, the accused moves to be allowed to enter into a plea bargaining

agreement, praying to withdraw his plea of not guilty for violation of
Section 11, Article II of R.A. 9165 and, instead, to enter a plea of guilty
for violation of Section 12, Article II of R.A. 9165 with the
appreciation of the facts of his being a first-time offender and the
very minimal quantity of 11.98403 grams of marijuana seized in his
possession.

Respectfully submitted.

August 13, 2019. XXXXX Province.

ATTY. XXXXXXXX
Counsel for the Accused

At my instance and with my conformity:

__________________________
xxxxx
Accused

NOTICE OF HEARING

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