“Plea bargaining,” as defined in Black’s Law Dictionary, is “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.”
Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. … It primarily involves pre-trial negotiations between the accused and the prosecutor
The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class
It is the disposition of criminal charges by agreement between the prosecution and the accused
> The accused and the prosecutor in a criminal case work 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-count indictment in return for a lighter sentence than that for the graver charge
> It 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
“The acceptance of an offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter addressed entirely to the sound discretion of the trial court,
“A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases). — On August 15, 2017, an En Banc Decision in G.R. No. 226679 — Salvador Estipona, Jr. vs. Hon. Frank E. Lobrigo was rendered whereby Section 23 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, was declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution which states;
The Supreme Court shall have the following powers:
- Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Review, revise, modify , or affirm on appeal on certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
- All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
- All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
- All cases in which the jurisdiction of any lower court is in issue.
- All criminal cases in which the penalty imposed is reclusion perpetua or higher.
- All cases in which only an error or question of law is involved.
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- Appoint all officials and employees of the judiciary in accordance with the Civil Service Law.
In all other cases where the imposable penalty is life imprisonment or life imprisonment to death, plea bargaining is not allowed. Plea bargaining is also not allowed under Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all other kinds of dangerous drugs, except shabu and marijuana.
Plea bargaining is authorized under Section 2, Rule 116 of the Revised Rules of Criminal Procedure. The stated rule provides that: “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)
The above-quoted rule is a restoration of the old rule which limits a plea of guilty to a lesser offense only when it is necessarily included in the offense charged in the complaint or information.
As early as the pre-trial stage of the criminal prosecution, plea bargaining is already taken into consideration. In fact, it is one of the subjects or purpose for the conduct of pre-trial conference. In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pretrial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98) (Section 1, Rule 118, Rules of Court)
But it may also be made during the trial proper and even after the prosecution has finished and rested its case. Thus, the court held that it is immaterial that plea bargaining was not made during the pre-trial stage or that it was made only after the prosecution already presented several witnesses.
The following are the requirements set forth by the Rules upon which plea bargaining may be made:
a. It should be with the consent of the offended party and the prosecutor;
b. The plea of guilt should be to a lesser offense; and
c. The lesser offense must necessarily be included in the offense charged. (Section 2, Rule 116)
“If the accused have indeed committed the crime avail of the benefits of Plea Bargaining Agreement and if not seek to establish his innocence.”