Plea Bargaining Comment

Republic of the Philippines
REGIONAL TRIAL COURT

Second Judicial Region
Branch 35
Santiago City
THE PEOPLE OF THE CRIM. CASE NO. 35-12329

PHILIPPINES,
Plaintiff,
FOR:
- versus – “VIOLATION OF SECTION
5, Article II of R.A. 9165”
ANDREI VILLANUEVA NAUI
Accused.
x------------------ --------x
COMMENT and/or OPPOSITION

(TO ACCUSED’S MOTION TO PLEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10, 2018)
The office of the City Prosecutor of Santiago City, through the undersigned Prosecutor I,
and unto this Honorable Court, most respectfully states:
On February 13, 2020, the Office of the City Prosecutor of Santiago City received from
the accused through counsel, a MOTION TO PLEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10, 2018, stating therein, among
others, that the accused had been charged for violation of Section 5, Article II of R.A. 9165 (Sale
of Dangerous Drugs) but intends to enter a plea of guilty to the lesser offense of Possession of
Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12 of R.A.
9165.
The prosecution respectfully opposes aforesaid motion on the following grounds:
1. The proposed plea bargaining for the charge of violation of Section 5 of R.A.
9165 is not allowed or goes beyond what is allowed by the Department of Justice
(DOJ) Circular No. 027 of the “Amended Guidelines on Plea Bargaining for
Republic Act No. 9165, Otherwise known as the Comprehensive Dangerous Act
of 2000”;
2. It is the policy direction of the DOJ that the acceptance of plea bargains such as
in this instant case is against public policy and detracts from the seriousness and
gravity f the offense; and
3. The prosecution believes that the evidence is sufficient to convict the accused of
the crime charged.
WHEREFORE, in view of the foregoing, the state through the Office of the City
Prosecutor of Santiago City does not give its consent to aforesaid motion for reasons above-stated.
Santiago City, Philippines, February 13, 2020.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
ATTY. JUNE RUDINI L. TOMAS-ROSALES
Counsel for the Accused
PAO, Hall of Justice, San Andres, Santiago City
Branch 35
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
ALEXANDER VILLANUEVA ORIAL
Accused.
x------------------ --------x

PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10, 2018)
On February 13, 2020, the Office of the City Prosecutor of Santiago City received from
the accused through counsel, a MOTION TO PLEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10, 2018, stating therein, among
others, that the accused had been charged for violation of Section 5, Article II of R.A. 9165 (Sale
of Dangerous Drugs) but intends to enter a plea of guilty to the lesser offense of Possession of
Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12 of R.A.
9165.
1. The proposed plea bargaining for the charge of violation of Section 5 of R.A. 9165
is not allowed or goes beyond what is allowed by the Department of Justice (DOJ)
Circular No. 027 of the “Amended Guidelines on Plea Bargaining for Republic
Act No. 9165, Otherwise known as the Comprehensive Dangerous Act of 2000”;
gravity of the offense; and
the crime charged.
Santiago City, Philippines, February 1 3, 2020.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
Branch 35
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
- versus – “VIOLATION OF SECTIONS
11 and 12, Article II of R.A.
9165”
NEIL MEDINA
Accused.
x------------------ --------x
JOINT COMMENT and/or OPPOSITION

(TO ACCUSED’S MOTION TO ALLOW ACCUSED
TO PLEAD GUILTY TO A LESSER OFFENSE)
On December 3, 2019, the Office of the City Prosecutor of Santiago City received from
the accused through counsel, a MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO A
LESSER OFFENSE, stating therein, among others, that the accused had been charged and
subsequently been arraigned for violating Sections 11( Possession of Dangerous Drugs) and
Section 12 (Possession of Drug Paraphernalias) of R.A. 9165 but intends to withdraw his plea of
not guilty and thereafter enter a plea of guilty to the lesser offense of Possession of Equipment,
Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12 and Use of Dangerous
Drugs under Section 15, both of o R.A. 9165, respectively.
4. The proposed plea bargaining for the charge of violation of Section 11 and 12 of
R.A. 9165 is not allowed or goes beyond what is allowed by the Department of
Justice (DOJ) Circular No. 027 of the “Amended Guidelines on Plea Bargaining
for Republic Act No. 9165, Otherwise known as the Comprehensive Dangerous
Act of 2000”;
the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
ATTY. NELIA PILOTIN NATIVIDAD
Daang Maharlika, Dubinan East, Santiago City

Branch 35
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
Mc GLENN CANLAS DE VERA
Accused.
x------------------ --------x

PURSUANT TO A.M. NO. 18-03-16- SC)
On January 31, 2020, the Office of the City Prosecutor of Santiago City received from the
accused through counsel, a MOTION TO PLEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16- SC, stating therein, among others, that the accused had
been charged for violation of Section 5, Article II of R.A. 9165 (Sale of Dangerous Drugs) but
intends to enter a plea of guilty to the lesser offense of Possession of Equipment, Apparatus and
Other Paraphernalia for Dangerous Drugs under Section 12 of R.A. 9165.
of 2000”;
the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
of the Philippines
Branch 35
Santiago City
THE PEOPLE OF THE CRIM. CASE NO. 9830

PHILIPPINES,
Plaintiff,
FOR:
JEFFREY GABRIEL y SANTIAGO
Accused.
x------------------ --------x

accused through counsel, a MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO A
LESSER OFFENSE, stating therein, among others, that the accused had been charged for violation
of Section 5, Article II of R.A. 9165 ( Sale of Dangerous Drugs) but intends to enter a plea of
guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia for
Dangerous Drugs under Section 12 of R.A. 9165.
of 2000”;
the crime charged.
Santiago City, Philippines, January 29, 2020.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
ATTY. KAREN JING C. FERNANDO
Santiago City

Branch 35
Santiago City
THE PEOPLE OF THE CRIM. CASE NOS. 35-12353
PHILIPPINES, and 12354
Plaintiff,
FOR:
5 & 11 of R.A. 9165”
Accused.
x------------------ --------x

The office of the City Prosecutor of Santiago City, through the undersigned
Prosecutor I, and unto this Honorable Court, most respectfully states:
On January 27, 2020, the Office of the City Prosecutor of Santiago City received
from the accused through counsel, a MOTION TO PEAD GUILTY TO SECTION 12 OF
R.A. 9165 PURSUANT TO A.M. NO. 18-03-16-SC stating therein , among others, that the
accused had been charged for violation of Sections 5 (Sale of Dangerous Drugs) and
Section 11 (Possession of Dangerous Drugs) both of R.A. 9165 but intends to a plea of not
guilty and thereafter enter a plea of guilty to the lesser offense of Possession of
Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12
of R.A. 9165 in each of the two (2) cases.
1. The proposed plea bargaining for the charge of violation of Sections
5 & 11 of R.A. 9165 is not allowed or goes beyond what is allowed by
the Department of Justice (DOJ) Circular No. 027 of the “Amended
Guidelines on Plea Bargaining for Republic Act No. 9165, Otherwise
known as the Comprehensive Dangerous Act of 2000”;
2. It is the policy direction of the DOJ that the acceptance of plea
bargains such as in this instant case is against public policy and
detracts from the seriousness and gravity of the offense; and
3. The prosecution believes that the evidence is sufficient to convict the
accused of the crime charged.
Prosecutor of Santiago City does not give its consent to aforesaid motion for reasons
above-stated.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
ATTY. JOSE ROMEO S. DELA CRUZ
Dubinan East, Santiago City
Branch 35
Santiago City
Plaintiff,
FOR:
5 & 11 of R.A. 9165”
ARON BELEY PASCUA
Accused.
x------------------ --------x

PURSUANT TO A.M. NO. 18-03-16- SC )
accused through counsel, a MOTION TO PEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16-SC stating therein , among others, that the accused had been
charged and subsequently been arraigned for violating Sections 5 &11 of R.A. 9165 ( Possession
and Sale of Dangerous Drugs) but intends to withdraw his plea of not guilty and thereafter enter a
plea of guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia
for Dangerous Drugs under Section 12 of R.A. 9165.
4. The proposed plea bargaining for the charge of violation of Sections 5 & 11
of R.A. 9165 is not allowed or goes beyond what is allowed by the
Department of Justice (DOJ) Circular No. 027 of the “Amended Guidelines
on Plea Bargaining for Republic Act No. 9165, Otherwise known as the
Comprehensive Dangerous Act of 2000”;
5. It is the policy direction of the DOJ that the acceptance of plea bargains such
as in this instant case is against public policy and detracts from the
seriousness and gravity of the offense; and
6. The prosecution believes that the evidence is sufficient to convict the accused
of the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
Branch 35
Santiago City
THE PEOPLE OF THE CRIM. CASE NO 35-9409

PHILIPPINES,
Plaintiff,
FOR:
5 in relation to Section 26 (b) of R.A. 9165”
MARCOS BONCATO y PELAYO
And MICHAEL CHAN NAVALTA,
Accused.
x------------------ --------x

(TO ACCUSED’S MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO SECTION 12,
ARTICLE 11 OF R.A. 9165 PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10,
2018)
the accused through counsel, a MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO
SECTION 12, ARTICLE 11 OF R.A. 9165 PURSUANT TO A.M. NO. 18-03-16- SC DATED
APRIL 10, 2018 stating therein , among others, that the accused had been charged and
subsequently been arraigned for violating Section 5 in relation to Section 26 (b) of R.A. 9165 (
Sale of Dangerous Drugs) but intends to withdraw his plea of not guilty and thereafter enter a plea
of guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia for
13. The proposed plea bargaining for the charge of violation of Section 5 in relation to
Section 26 (b) of R.A. 9165 is not allowed or goes beyond what is allowed by the
Department of Justice (DOJ) Circular No. 027 of the “Amended Guidelines on Plea
Bargaining for Republic Act No. 9165, Otherwise known as the Comprehensive
Dangerous Act of 2000”;
14. It is the policy direction of the DOJ that the acceptance of plea bargains such as in this
instant case is against public policy and detracts from the seriousness and gravity of the
offense; and
15. The prosecution believes that the evidence is sufficient to convict the accused of the
crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
Branch 36
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
- versus – “VIOLATION OF SECTION 32,
PAR.1, ART.V, R.A. 10591”
LORDWYNN JEFF
PILOTIN y LLANO
Accused.
x-----------------x
OPPOSITION TO THE MOTION FOR LEAVE TO ALLOW

THE ACCUSED TO PLEAD GUILTY TO A LESSER
OFFENSE
NOW COMES, the people, through the Office of the City Prosecutor
of Santiago City by the undersigned Assistant City Prosecutor unto this
Honorable Court, most respectfully OPPOSES the motion of the accused
on the following grounds:
The accused in this case is charged of the crime of Violation of Section

32 paragraph 1, Article V of Republic Act 10591, the Unlawful Sale or
Disposition of Firearm and Ammunitions, and that the imposable penalty is
reclusion temporal to reclusion perpetua to any person who shall unlawfully
engage in the manufacture, importation, sale or disposition of a firearm or
ammunition as provided by the law
The accused in this case, Lordwynn Jeff Pilotin y Llano, who is charged
of Illegal Sale of Firearm, a caliber. 38 revolver intends to plead guilty to the
lesser offense of Violation of Section 31, Article V of Republic Act 10591,
which is absence of Permit to carry outside of residence thus the accused
wishes to avail himself of the plea bargaining proposal.
In the case of Daan vs. Sandiganbayan, the Court defined plea
bargaining as a process in criminal cases, whereby the accused and the
prosecution worked out a mutually satisfactory disposition of the case
subject to court approval. It usually involves the defendant’s pleading guilty
to a lesser offense or to only one or some of the counts of a multi-court
indictment in return for a lighter sentence than that for the graver charge.
Section 2, Rule 116 of the Revised Rules of Court Provides:
Section 2. Plea of guilty to 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, circ. 38-98).
Thus, the rule of the plea bargaining requires the following:
1. The consent of the offended party and the prosecutor;

2. The lesser offense must be necessarily included in the offense
charged.
In this particular case, the People objects to the plea bargaining

proposal for the reason that the crime charged of Illegal Sale of Firearms
against the accused is a grave offense, as what the penalty imposable
connotes, reclusion temporal to reclusion perpetua. Illegal peddlers of
firearms would cause danger to the lives of the Filipinos as there would be
more loose firearms in the society.
Illegal peddlers of firearms should be punished accordingly to the

penalty imposable to the crime charged,to apprise and warn humans who
intend to do the same acts and to commit the same grave offense.
More importantly, Violation of Section 31 of R.A. 10591 is not included

in the offense charged of Violation of Section 32 of R.A. 10591.
In Violation of Section 32 of R. A. 10591, the person is unlawfully

engaged in the manufacture, importation, sale, or disposition of firearms
and ammunitions, and that the person is not an authorized manufacturer,
dealer, importer of firearms as certified to by the FEO of the PNP while in
Violation of Section 31 of R.A. 10591, the person has license exclusively to
own a firearm, but that person has no authority to carry the licensed firearm
outside of his residence.
Analysis of both crimes would confirm that one greatly differ from the
other conclusively, the lesser offense of Violation of Section 31 is not included
Honestly, the Prosecution believes that evidence against the accused is

strong and sufficient to sustain conviction of the accused.
For the grounds above stated, the undersigned prosecutor firmly

opposes the said Motion to the accused to plead guilty to the lesser offense.
WHEREFORE, premises considered, it is respectfully prayed that the

Motion of the Accuse to Plead Guilty to the Lesser Offense be DENIED.
Respectfully submitted
Santiago City, December 4, 2019.
NERIZA DASIG-CACATIAN
Assistant City Prosecutor
MCLE Compliance No. VI-0007520
IBP Receipt No. 024112/01-05-18
Conforme:
SPO2 VIRGO SIMON
Copy furnished:
ATTY. GLEN L. AQUINO

Santiago City Legal Aid Office
City Hall, Santiago City

Branch 36
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
ARTICLE II, R.A NO. 9165”
ROMMEL MARAVILLA y CAMARILLO

Accused.
x-----------------x
CONFORMITY TO THE MOTION TO ALLOW THE ACCUSED TO

PLEAD GUILTY TO A LESSER OFFENSE
The People of the Philippines through the undersigned Assistant City Prosecutor, and unto
this Honorable Court, most respectfully conform to the Motion to Allow the Accused to Plead
Guilty to a lesser Offense and avers:
That the accused is indicted for Violation of Section 11, Article II of the Republic Act No.
9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2004”;
That on August 27, 2019, the accused through his Counsel filed an Amended Plea
Bargaining Proposal, purposely to allow him to plead guilty to a lesser offense on Violation of
Section 12 of R.A. 9165 since what was confiscated from his possession has a weight of 0.1045
grams of Methampethamine Hydrochloride and is well within the threshold allowed by the
Amended Guidelines on the Plea Bargaining for R.A. 9165 under Department Circular No. 027 of
the Department of Justice.
In the case of Daan vs. Sandiganbayan, the Court defined plea bargaining as a process in
criminal cases, whereby the accused and the prosecution worked out a mutually satisfactory
disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty
to a lesser offense or to only one or some of the counts of a multi-court indictment in return for a
lighter sentence than that for the graver charge.
The undersigned trial prosecutor believes that such plea is in accordance with the rules,
law and jurisprudence, as such plea to Violation of section 12, Article II of R.A. 9165 is necessarily
included in the offense charged which is Violation of Section 11, Article II of R.A. 9165.
That this process of plea bargaining shorten judicial proceedings and conviction of the
accused is certain.
WHEREFORE, premised considered, the undersigned Prosecutor manifest her conformity

to the plea bargaining proposal subject to the consent of the arresting police officers and the
approval of the Honorable City Prosecutor.
September 30, 2019, Santiago City, Philippines.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
FLORENCIO B. REMUDARO
OIC City Prosecutor
As per Department Order No. 159
IBP Receipt No. 77703/04-26-19
Conforme:
SPO2 VIRGO SIMON
Copy furnished:


Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

ARTICLE V, R.A NO. 10591”
JOLLY ABUAN y ABULENCIA,
Accused.
x--------------------------x
CONFORMITY TO THE MOTION TO ENTER INTO A PLEA

BARGAINING
this Honorable Court, most respectfully conform to the Motion to Enter into a Plea Bargaining and
avers:
That the accused was indicted before the Honorable Court with the crime of Violation of
Section 28, Article V of the Republic Act No. 10591;
That he filed a Motion to Allow him to plead guilty to a lesser offense specifically Violation
to Section 31, Article V of Republic Act No. 10591 Absence of Permit to Carry Outside of
Residence.
That Section 2, Rule 116 of the Revised Rules of Court states that:
Plea of guilty to a lesser offense. – At arraignment, the accused, with the consent of the offended
party and 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.
That the undersigned Trial Court Prosecutor considers that plea is in accordance with the
laws and jurisprudence since the lesser offense of Section 31 , Article V of the Republic Act No.
10591 or Absence of Permit to Carry Outside of Residence is necessarily included in the crime
charged of Violation of Section 28, Article V of the R.A. No. 10591.
Accordingly, this Plea Bargaining would assure conviction of the accused.
WHEREFORE, premised considered, the undersigned Trial Prosecutor manifest her

conformity to the plea bargaining proposal subject to the consent of the arresting police officers
and the approval of the Honorable City Prosecutor.
IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
SPO2 RONALD A. DUMON
PO3 ACHILLES AGPALASIN
Copy furnished:
ATTY. DEMETRIO D. CALIMAG, JR.

Taggapan, Echague, Isabela

Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

ARIEL KIM GABRIEL y DONATO,
Accused.
x--------------------------x

Residence.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
P/INSP. JOSE L, CABADDU, JR.
SPO4 ALLAN G. MANGAOIL
Copy furnished:
ATTY. GLENN L. AQUINO


Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:
- versus – “VIOLATION OF PD 1602”
JESTONI JEREZA
Accused.
x------------------x

this Honorable Court, most respectfully conform to the Motion of the Accused to Plead Guilty to
a Lesser Offense, and avers:
That the accused was charged and subsequently arraigned with the crime of Violation of
Section 3 (d) of the Republic Act No. 9287.
That the accused opted to Plead Guilty to a Lesser Offense hence he filed his Motion to
Allow the Accused To Plead Guilty to a Lesser Offense, and stated therein his willingness to plead
guilty to the criminal charge for Violation of Section 3 (a) of PD 1602 as amended by R.A. No.
9287 or as a bettor, which carries the penalty of imprisonment from thirty (30) to ninety (90) days.
Section 2, Rule 116 of the Revised Rules of Court states:
Plea of guilty to a lesser offense. – At arraignment, the accused, with the consent of the
offended party and 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.
The undersigned Prosecutor agrees that such plea is in accordance with law and
jurisprudence as the crime which the accused intends to plead guilty is necessarily included to
offense charged and the penalty is lighter sentence than that charged.

conformity to the plea bargaining proposal subject to the consent of the arresting police officer and
the approval of the Honorable City Prosecutor.
IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
PO2 JOSE RAPHAEL ADAN
Copy furnished:

Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

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

Residence.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
SPO2 VIRGO SIMON
PO3 MICHAEL LAGUNILLA
Copy furnished:

Republic of the Philippies
Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

ROCKY ESTOCE y GUMPAL
Accused.
x-----------------x

That on June 14, 2019, the accused through his Counsel filed an Amended Plea Bargaining
Proposal, purposely to allow him to plead guilty to a lesser offense on Violation of Section 12 of
R.A. 9165 since what was confiscated from his possession has a weight of 0.0456 grams of
Methampethamine Hydrochloride and is well within the threshold allowed by the Amended
Guidelines on the Plea Bargaining for R.A. 9165 under Department Circular No. 027 of the
Department of Justice.
accused is certain.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
PO2 FERDINAND A. LOMBOY
Copy furnished:
ATTY. JULLIE BELLE APOLONIO


Branch 35
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
Mc GLENN CANLAS DE VERA
Accused.
x------------------ --------x

accused through counsel, a MOTION TO PLEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16- SC, stating therein, among others, that the accused had
been charged for violation of Section 5, Article II of R.A. 9165 (Sale of Dangerous Drugs) but
intends to enter a plea of guilty to the lesser offense of Possession of Equipment, Apparatus and
Other Paraphernalia for Dangerous Drugs under Section 12 of R.A. 9165.
of 2000”;
the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
of the Philippines
Branch 35
Santiago City
THE PEOPLE OF THE CRIM. CASE NO. 9830

PHILIPPINES,
Plaintiff,
FOR:
Accused.
x------------------ --------x

accused through counsel, a MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO A
LESSER OFFENSE, stating therein, among others, that the accused had been charged for violation
of Section 5, Article II of R.A. 9165 ( Sale of Dangerous Drugs) but intends to enter a plea of
guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia for
of 2000”;
the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
ATTY. KAREN JING C. FERNANDO
Santiago City

Branch 35
Santiago City
Plaintiff,
FOR:
5 & 11 of R.A. 9165”
Accused.
x------------------ --------x

The office of the City Prosecutor of Santiago City, through the undersigned
Prosecutor I, and unto this Honorable Court, most respectfully states:
On January 27, 2020, the Office of the City Prosecutor of Santiago City received
from the accused through counsel, a MOTION TO PEAD GUILTY TO SECTION 12 OF
R.A. 9165 PURSUANT TO A.M. NO. 18-03-16-SC stating therein , among others, that the
accused had been charged for violation of Sections 5 (Sale of Dangerous Drugs) and
Section 11 (Possession of Dangerous Drugs) both of R.A. 9165 but intends to a plea of not
guilty and thereafter enter a plea of guilty to the lesser offense of Possession of
Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs under Section 12
of R.A. 9165 in each of the two (2) cases.
7. The proposed plea bargaining for the charge of violation of Sections
5 & 11 of R.A. 9165 is not allowed or goes beyond what is allowed by
the Department of Justice (DOJ) Circular No. 027 of the “Amended
Guidelines on Plea Bargaining for Republic Act No. 9165, Otherwise
known as the Comprehensive Dangerous Act of 2000”;
8. It is the policy direction of the DOJ that the acceptance of plea
bargains such as in this instant case is against public policy and
detracts from the seriousness and gravity of the offense; and
9. The prosecution believes that the evidence is sufficient to convict the
accused of the crime charged.
Prosecutor of Santiago City does not give its consent to aforesaid motion for reasons
above-stated.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
Branch 35
Santiago City
Plaintiff,
FOR:
5 & 11 of R.A. 9165”
ARON BELEY PASCUA
Accused.
x------------------ --------x

PURSUANT TO A.M. NO. 18-03-16- SC )
accused through counsel, a MOTION TO PEAD GUILTY TO SECTION 12 OF R.A. 9165
PURSUANT TO A.M. NO. 18-03-16-SC stating therein , among others, that the accused had been
charged and subsequently been arraigned for violating Sections 5 &11 of R.A. 9165 ( Possession
and Sale of Dangerous Drugs) but intends to withdraw his plea of not guilty and thereafter enter a
plea of guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia
for Dangerous Drugs under Section 12 of R.A. 9165.
10. The proposed plea bargaining for the charge of violation of Sections 5 & 11
of R.A. 9165 is not allowed or goes beyond what is allowed by the
Department of Justice (DOJ) Circular No. 027 of the “Amended Guidelines
on Plea Bargaining for Republic Act No. 9165, Otherwise known as the
Comprehensive Dangerous Act of 2000”;
11. It is the policy direction of the DOJ that the acceptance of plea bargains such
as in this instant case is against public policy and detracts from the
seriousness and gravity of the offense; and
12. The prosecution believes that the evidence is sufficient to convict the accused
of the crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:

Branch 35
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
5 in relation to Section 26 (b) of R.A. 9165”
MARCOS BONCATO y PELAYO
And MICHAEL CHAN NAVALTA,
Accused.
x------------------ --------x

(TO ACCUSED’S MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO SECTION 12,
ARTICLE 11 OF R.A. 9165 PURSUANT TO A.M. NO. 18-03-16- SC DATED APRIL 10,
2018)
the accused through counsel, a MOTION TO ALLOW ACCUSED TO PLEAD GUILTY TO
SECTION 12, ARTICLE 11 OF R.A. 9165 PURSUANT TO A.M. NO. 18-03-16- SC DATED
APRIL 10, 2018 stating therein , among others, that the accused had been charged and
subsequently been arraigned for violating Section 5 in relation to Section 26 (b) of R.A. 9165 (
Sale of Dangerous Drugs) but intends to withdraw his plea of not guilty and thereafter enter a plea
of guilty to the lesser offense of Possession of Equipment, Apparatus and Other Paraphernalia for
10. The proposed plea bargaining for the charge of violation of Section 5 in relation to
Section 26 (b) of R.A. 9165 is not allowed or goes beyond what is allowed by the
Department of Justice (DOJ) Circular No. 027 of the “Amended Guidelines on Plea
Bargaining for Republic Act No. 9165, Otherwise known as the Comprehensive
Dangerous Act of 2000”;
11. It is the policy direction of the DOJ that the acceptance of plea bargains such as in this
instant case is against public policy and detracts from the seriousness and gravity of the
offense; and
12. The prosecution believes that the evidence is sufficient to convict the accused of the
crime charged.
ERIK B. ZABALA
Prosecutor I
Copy furnished:
Branch 36
Santiago City

PHILIPPINES,
Plaintiff,
FOR:
PAR.1, ART.V, R.A. 10591”
LORDWYNN JEFF
PILOTIN y LLANO
Accused.
x-----------------x
OPPOSITION TO THE MOTION FOR LEAVE TO ALLOW

THE ACCUSED TO PLEAD GUILTY TO A LESSER
OFFENSE
NOW COMES, the people, through the Office of the City Prosecutor
of Santiago City by the undersigned Assistant City Prosecutor unto this
Honorable Court, most respectfully OPPOSES the motion of the accused
on the following grounds:
The accused in this case is charged of the crime of Violation of Section

32 paragraph 1, Article V of Republic Act 10591, the Unlawful Sale or
Disposition of Firearm and Ammunitions, and that the imposable penalty is
reclusion temporal to reclusion perpetua to any person who shall unlawfully
engage in the manufacture, importation, sale or disposition of a firearm or
ammunition as provided by the law
The accused in this case, Lordwynn Jeff Pilotin y Llano, who is charged
of Illegal Sale of Firearm, a caliber. 38 revolver intends to plead guilty to the
lesser offense of Violation of Section 31, Article V of Republic Act 10591,
which is absence of Permit to carry outside of residence thus the accused
wishes to avail himself of the plea bargaining proposal.
In the case of Daan vs. Sandiganbayan, the Court defined plea

bargaining as a process in criminal cases, whereby the accused and the
prosecution worked out a mutually satisfactory disposition of the case
subject to court approval. It usually involves the defendant’s pleading guilty
to a lesser offense or to only one or some of the counts of a multi-court
indictment in return for a lighter sentence than that for the graver charge.
Section 2, Rule 116 of the Revised Rules of Court Provides:
Section 2. Plea of guilty to 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, circ. 38-98).
Thus, the rule of the plea bargaining requires the following:
3. The consent of the offended party and the prosecutor;

4. The lesser offense must be necessarily included in the offense
charged.
In this particular case, the People objects to the plea bargaining

proposal for the reason that the crime charged of Illegal Sale of Firearms
against the accused is a grave offense, as what the penalty imposable
connotes, reclusion temporal to reclusion perpetua. Illegal peddlers of
firearms would cause danger to the lives of the Filipinos as there would be
more loose firearms in the society.
Illegal peddlers of firearms should be punished accordingly to the

penalty imposable to the crime charged,to apprise and warn humans who
intend to do the same acts and to commit the same grave offense.
More importantly, Violation of Section 31 of R.A. 10591 is not included

In Violation of Section 32 of R. A. 10591, the person is unlawfully

engaged in the manufacture, importation, sale, or disposition of firearms
and ammunitions, and that the person is not an authorized manufacturer,
dealer, importer of firearms as certified to by the FEO of the PNP while in
Violation of Section 31 of R.A. 10591, the person has license exclusively to
own a firearm, but that person has no authority to carry the licensed firearm
outside of his residence.
Analysis of both crimes would confirm that one greatly differ from the
other conclusively, the lesser offense of Violation of Section 31 is not included
Honestly, the Prosecution believes that evidence against the accused is
strong and sufficient to sustain conviction of the accused.
For the grounds above stated, the undersigned prosecutor firmly

opposes the said Motion to the accused to plead guilty to the lesser offense.
WHEREFORE, premises considered, it is respectfully prayed that the

Motion of the Accuse to Plead Guilty to the Lesser Offense be DENIED.
Respectfully submitted
Santiago City, December 4, 2019.
IBP Receipt No. 024112/01-05-18
Conforme:
SPO2 VIRGO SIMON
Copy furnished:


Branch 36
Santiago City

PHILIPPINES,
Plaintiff,
FOR:

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

That on August 27, 2019, the accused through his Counsel filed an Amended Plea
Bargaining Proposal, purposely to allow him to plead guilty to a lesser offense on Violation of
Section 12 of R.A. 9165 since what was confiscated from his possession has a weight of 0.1045
grams of Methampethamine Hydrochloride and is well within the threshold allowed by the
Amended Guidelines on the Plea Bargaining for R.A. 9165 under Department Circular No. 027 of
the Department of Justice.
accused is certain.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
SPO2 VIRGO SIMON
Copy furnished:


Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

JOLLY ABUAN y ABULENCIA,
Accused.
x--------------------------x
CONFORMITY TO THE MOTION TO ENTER INTO A PLEA
BARGAINING
this Honorable Court, most respectfully conform to the Motion to Enter into a Plea Bargaining and
avers:
Residence.


IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
SPO2 RONALD A. DUMON
PO3 ACHILLES AGPALASIN
Copy furnished:
ATTY. DEMETRIO D. CALIMAG, JR.

Taggapan, Echague, Isabela

Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

ARIEL KIM GABRIEL y DONATO,
Accused.
x--------------------------x

Residence.


IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
P/INSP. JOSE L, CABADDU, JR.
SPO4 ALLAN G. MANGAOIL
Copy furnished:


Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:
- versus – “VIOLATION OF PD 1602”

JESTONI JEREZA
Accused.
x------------------x

this Honorable Court, most respectfully conform to the Motion of the Accused to Plead Guilty to
a Lesser Offense, and avers:
That the accused was charged and subsequently arraigned with the crime of Violation of
Section 3 (d) of the Republic Act No. 9287.
That the accused opted to Plead Guilty to a Lesser Offense hence he filed his Motion to
Allow the Accused To Plead Guilty to a Lesser Offense, and stated therein his willingness to plead
guilty to the criminal charge for Violation of Section 3 (a) of PD 1602 as amended by R.A. No.
9287 or as a bettor, which carries the penalty of imprisonment from thirty (30) to ninety (90) days.
Section 2, Rule 116 of the Revised Rules of Court states:
Plea of guilty to a lesser offense. – At arraignment, the accused, with the consent of the
offended party and 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.
The undersigned Prosecutor agrees that such plea is in accordance with law and
jurisprudence as the crime which the accused intends to plead guilty is necessarily included to
offense charged and the penalty is lighter sentence than that charged.

conformity to the plea bargaining proposal subject to the consent of the arresting police officer and
the approval of the Honorable City Prosecutor.
IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
PO2 JOSE RAPHAEL ADAN
Copy furnished:


Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:
Accused.
x--------------------------x

Residence.

IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
SPO2 VIRGO SIMON
PO3 MICHAEL LAGUNILLA
Copy furnished:

Republic of the Philippies

Branch 36
Santiago City

PHILIPPINES,
Plaintiff, FOR:

ROCKY ESTOCE y GUMPAL
Accused.
x-----------------x

That on June 14, 2019, the accused through his Counsel filed an Amended Plea Bargaining
Proposal, purposely to allow him to plead guilty to a lesser offense on Violation of Section 12 of
R.A. 9165 since what was confiscated from his possession has a weight of 0.0456 grams of
Methampethamine Hydrochloride and is well within the threshold allowed by the Amended
Guidelines on the Plea Bargaining for R.A. 9165 under Department Circular No. 027 of the
Department of Justice.
accused is certain.
IBP Receipt No. 024112/01-05-18
APPROVED BY:
OIC City Prosecutor
Conforme:
PO2 FERDINAND A. LOMBOY
Copy furnished:
ATTY. JULLIE BELLE APOLONIO


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Republic of the Philippines

REGIONAL TRIAL COURT

THE PEOPLE OF THE CRIM. CASE NO. 35-12329

COMMENT and/or OPPOSITION

The prosecution respectfully opposes aforesaid motion on the following grounds:

THE PEOPLE OF THE CRIM. CASE NO. 35-12324

COMMENT and/or OPPOSITION

The prosecution respectfully opposes aforesaid motion on the following grounds:

THE PEOPLE OF THE CRIM. CASE NO. 7171-7172

JOINT COMMENT and/or OPPOSITION

The prosecution respectfully opposes aforesaid motion on the following grounds:

Republic of the Philippines

THE PEOPLE OF THE CRIM. CASE NO. 35-12397

COMMENT and/or OPPOSITION

The prosecution respectfully opposes aforesaid motion on the following grounds:

THE PEOPLE OF THE CRIM. CASE NO. 9830

COMMENT and/or OPPOSITION

The prosecution respectfully opposes aforesaid motion on the following grounds:

Republic of the Philippines

JOINT COMMENT and/or OPPOSITION

COMMENT and/or OPPOSITION

THE PEOPLE OF THE CRIM. CASE NO 35-9409

COMMENT and/or OPPOSITION

THE PEOPLE OF THE CRIM. CASE NO 36-11313

OPPOSITION TO THE MOTION FOR LEAVE TO ALLOW

The accused in this case is charged of the crime of Violation of Section

Section 2, Rule 116 of the Revised Rules of Court Provides:

Section 2. Plea of guilty to a lesser offense. — At arraignment, the

Thus, the rule of the plea bargaining requires the following:

1. The consent of the offended party and the prosecutor;

In this particular case, the People objects to the plea bargaining

Illegal peddlers of firearms should be punished accordingly to the

More importantly, Violation of Section 31 of R.A. 10591 is not included

In Violation of Section 32 of R. A. 10591, the person is unlawfully

Honestly, the Prosecution believes that evidence against the accused is

For the grounds above stated, the undersigned prosecutor firmly

WHEREFORE, premises considered, it is respectfully prayed that the

Santiago City, December 4, 2019.

SPO2 VIRGO SIMON

ATTY. GLEN L. AQUINO

Republic of the Philippines

THE PEOPLE OF THE CRIM. CASE NO 36-10952

ROMMEL MARAVILLA y CAMARILLO

CONFORMITY TO THE MOTION TO ALLOW THE ACCUSED TO

WHEREFORE, premised considered, the undersigned Prosecutor manifest her conformity

September 30, 2019, Santiago City, Philippines.

SPO2 VIRGO SIMON

ATTY. GLEN L. AQUINO

Republic of the Philippines

THE PEOPLE OF THE CRIM. CASE NO 36-10585

- versus – “VIOLATION OF SECTION 28,

CONFORMITY TO THE MOTION TO ENTER INTO A PLEA

Accordingly, this Plea Bargaining would assure conviction of the accused.

WHEREFORE, premised considered, the undersigned Trial Prosecutor manifest her

SPO2 RONALD A. DUMON

PO3 ACHILLES AGPALASIN

ATTY. DEMETRIO D. CALIMAG, JR.

Republic of the Philippines