FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo 8. Rodriguez, Jr.

4435

House Bill No," *

EXPLANATORY NOTE

According to the Revised Rules of Criminal Procedure, specifically Sec. 2,
Rule 116, “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.”

This is essentially the concept of plea bargaining, which is a process in
criminal cases whereby the accused and the prosecution enter into a reciprocally
Satisfactory disposition of the case subject to Court approval,

Plea bargaining is very much imbued with public interest and is done still with
the interest of justice the prevailing rationale. However, recent experience has shown
that plea bargaining can also be sued by unscrupulous prosecutors and high ranking
officers of the government tasked to go after criminals to get the accused off on a
lesser offense to the detriment of the country and the public.

There is therefore a need to ensure that plea bargaining is used in order that
Justice be served and not for the benefit of the accused and the persons he is tying
to protect. As such, this bill seeks to establish a formal policy on plea bargaining and
provide guideline, including the imposition of sanction for violation thereof, in order to
ensure that the concept and process of plea bargaining is not abused and misused
for graft and corrupt practices.

In view of the foregoing, immediate approval of this bill is earnestly requested.

RUFUS B. ROI EZ

Yop

MAXIMO’B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4435

AN ACT
PROVIDING FOR RULES ON PLEA BARGAINING IN CRIMINAL CASES,
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Short Titfe - This Act shall be known as the "Plea Bargaining Act of
2011".

SEC 2. Plea Bargaining — Plea bargaining is the process in criminal proceedings
whereby the accused and the prosecution work out a mutually satisfactory
disposition of the case, as expressed and contained in a plea bargaining agreement,
and subject to court approval, including the plea of the accused to a lesser offense
than thal charged in the complaint or information, or to only one or some of the
counts of a multi-count indictment, and in conformity with other conditions imposed
by the prosecution, in return for a lighter sentence than that for the graver charge.

SEC 3. Plea to a Lesser Offense — The accused in a criminal case, with the consent
of the offended party and the prosecutor, may be allowed by the trial court to plead
guilty to a lesser offense as part of a plea bargaining agreement between the
accused and the prosecution.

SEC 4. Lesser Offense — For purpose of plea bargaining, the lesser offense pleaded
to by the accused should necessarily be included in the original offense charged in
the information. The offense charged necessarily includes the lesser offense pleaded
to! when some of the essential elements or ingredients of the former, as alleged in
the complaint or information, constitute the latter. The lesser offense shall also
belong to the same classification or tite under the Revised Penal Code or the
relevant special laws as the offense charged.

In all cases, the penalty for the lesser offense to which the accused may be
allowed to plead guilty shall not be more than two (2} degrees lower than the
imposable penalty for the crime charged, notwithstanding the presence of mitigating
circumstances.


SEC 6. Consent of Offended Party — In offenses charged where there is no private
offended party, the offended party whose consent is necessary for the plea
bargaining shall be the People of the Philippines as represented by the prosecution,
the Republic of the Philippines as represented by the Office of the Solicitor General,
and the government agency responsible for the enforcement of the law violated or
directly affected by the offense committed as represented by the Office of the
Solicitor General.

SEC 6, Principles — Plea bargaining shall be entered into by the prosecution and
approved by the court in accordance with the following principles:

a. Plea bargaining is a matter imbued with public interest. As such, its initial
consideration and final terms should both primarily redound to the benefit of the
public.

b. When a plea bargain is offered by the accused, or a plea bargaining agreement is
entered into, the prosecution and the court are both duty bound to inquire carefully
info the circumstances and motivations on which these are premised, to the end that
the interests of justice and of the public will be served

c. Plea bargaining is not a matter of compromise far the convenience and benefit of
the accused. tt is not demandable by the accused as a matter of right but is
addressed to the sound discretion of the trial court.

d. Plea bargaining shall not be entered into when it will only serve to trivialize the
seriousness of the offense charged against the accused and negate the deterrent
value of the law intended to proscribe the offense committed.

SEC 7. Time of Avaiiment - Plea bargaining may be availed of at arraignment, or
after arraignment but before trial, when the accused withdraws his plea of guilty to
the offense charged in the complaint or information and agrees to enter a plea of
guilty to a lesser offense.

SEC 8. Procedure - For purposes of plea bargaining, the following procedure shall
be followed

a. The intention to plead to a lesser offense must be manifested by the
accused before the court. tmmediately thereafter, the prosecutor shall move for the
suspension of the proceedings to enable him to confer with the offended party, to
evaluate the implications of the offer to plead ta a lesser offense, and secure the
consent of the offended party.

b. If the penalty imposable for the offense charged is prison mayor, or six
years and one day imprisonment, or higher, or a fine exceeding twelve thousand
pesos (P12,000), the plea bargaining agreement shall first be approved in writing by
the City Prosecutor, Provincial Prosecutor or the Prosecutor General in criminal
cases handled by the National Prosecution Service, or the Ombudsman in criminal
cases handled by the Office of the Special Prosecutor, or the head of the agency in
the case of other agencies authorized to prosecute criminal cases, before it is
submitted to the court for approval. In no case shall the subject plea bargaining
agreement be allowed without the written approval of the above approving
authorities.

¢. The prosecution and the accused shall then present the piea bargaining
agreement for the approval of the court through a joint motion attaching the plea
bargaining agreement and the approval of the above-mentioned approving officials.
In no case shall the accused be re-arraigned and plead guilty to a lesser offense


other than that agreed upon in the plea bargaining agreement, and without the
approval by the court of the plea bargaining agreement in an Order or Resolution
promulgated for said purpose. Pleading to a lesser offense other than that agreed
upon and without the requisite court approval of the plea bargaining agreement shail
fender the plea null and void ab initio.

d, The prosecution may dispense with the presentation of evidence unless the
court directs him to do so for purposes of determining the penalty to be imposed.

SEC 9. Plea Bargaining During Trial; Conditions - The prosecution may enter into
plea bargaining with the accused, with the consent of the offended party under
Section 5, during or after the presentation of the prosecution evidence, but before
the presentation of the defense evidence, and in no case after the dismissal by the
court of a demurrer to evidence: Pravided, That all of the following conditions are
present

a. The evidence of the prosecution is insufficient to prove the offense charged
beyond reasonable doubt;

b. In cases involving the recovery by or restitution to the offended party of
property in crimes against property and those committed by the public officers in
relation to public funds such as, but not limited to, the crime of plunder, graft and
corrupt practices, bribery, and malversation, the accused makes a full restitution of
the property of public funds involved; and

¢, In cases of conspiracy, the accused fully cooperates in the prosecution of
principal conspirators responsible for the commission of the offense charged who are
the most guilty, including in the provision of documentary, object and testimonial
evidence, in the event that the accused has not yet qualified as a state witness in
accordance with the Rules of Criminal Procedure.

SEC 10, Prohibition — No plea bargaining shall be allowed in cases involving the
fotowing crimes or offenses:
a. Articles 114 (Treason), 122 (Piracy in general and mutiny on the high seas
or in the Philippine waters), 123 (Qualified Piracy), 211-A (Qualified
Bribery); 246 (Parncide), 248(Murder), 255 (infanticide), 267 (Kidnapping
and Serious tllegal Detention), 294 (Robbery with Violence Against Or
Intimidation Of Persons), 320 (Destructive Arson), 335 (Rape), of the
Revised Penal Code, as amended;
b. Plunder (RA 7080, as amended);
¢. Violations of Republic Act 9165, as amended (Comprehensive Dangerous
Drugs Act of 2002);
d. Violations of Republic Act No. 6539, as amended (Anti-Camapping Act of
1972),
e. Other heinous crimes as defined by the proper authorities.

SEC 11. Penalty — Any violation of this Act shall be punished with the penalty of
imprisonment ranging from six years and one day to twelve years, and a fine ranging
from one hundred thousand to five hundred thousand pesos (P100,000-P500,000)
without prejudice to other penalties that may be imposed, both criminal and
administrative, if the violation is likewise attended by acts constituting an offense
under other laws.


SEC 12. Repealing Clause — All laws, decrees, orders, rules and regulations, and
other issuances or parts thereof which are inconsistent with or contrary to this Act,
are hereby repealed, amended or modified accordingly. Existing laws disallowing
plea bargaining for certain offenses and crimes shall remain in force and effect.

SEC 13. Separability Clause - If any provision of this Act is declared invalid or

unconstitutional, the provisions thereof not affected by such declaration shall remain
valid and in force and effect.

SEC 14, Effectivity — This Act shall take effect fifteen (15) days after compiete
Publication in two (2) newspapers of national and general circulation.

Approved,