FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
SENATE 
S. B. No. 2871 
·11 
JUN -8 F12 :09 
Introduced by Senator TEOFISTO "TG" L. GUINGONA III 
EXPLANATORY NOTE 
Sec. 2. 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. 
Sec. 2, Rule 11 6, Rules of Court 
Plea bargaining in criminal cases is a process whereby the accused and the prosecution 
work out a mutually satisfactory disposition of the case, subject to court approval (Daan vs. 
Sandiganbayan, G.R. Nos. 163972-77, March 28,2008). While plea bargaining is a procedural 
rule under the law, its purpose, application and implementation should not be exercised in a 
capricious, whimsical or arbitrary fashion. 
Instead, a plea bargaining agreement should 
ultimately redound to the benefit of the public. 
This bill aims to ensure that plea bargaining will not be exploited as a procedure of 
compromise for the convenience of the accused, but will be used for the paramount public 
interest of justice. 
In view of the foregoing, the immediate enactment of this measure is earnestly sought. 
" L. GUINGONA III 


FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
FIRST REGULAR SESSION 
) 
SENATE 
S.B.No. 2871 
Introduced by Senator TEOFISTO "TG" GUINGONA III 
AN ACT 
PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN CRIMINAL 
CASES, PROVIDING PENALTIES IN VIOLATION THEREFOR, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the HOllse of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Plea Bargaining Act of2011." 
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SECTION 2. Plea Bargaining. - Plea Bargaining is the process in criminal proceedings 
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whereby the accused and the prosecution work out a mutually satisfactory disposition of the 
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case, as expressed and contained in the plea bargaining agreement, and subject to court approval, 
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including the plea of the accused to a lesser offense than that charged in the complaint or 
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information, or to only one or some of the counts of a multi-court indictment, and in conformity 
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with other conditions imposed by the prosecution, in return for a lighter sentence than that for the 
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graver charge. 
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SECTION 3. Principles. - Plea bargaining shall be entered into by and between the prosecution 
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and the accused, and approved by the court, in accordance with the following principles: 
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a. 
b. 
c. 
d. 
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. 
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 into the circumstances and motivations on which these are premised, to 
the end that the interest of justice and of the public will be served. 
Plea bargaining is not a matter of compromise for the convenience and benefit of 
the accused. It is not demandable by the accused as a matter of right but is 
addressed to the sound discretion of the trial court. 
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. 
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SECTION 4. Plea of guilty to a lesser offense. - As part of a plea bargaining agreement, the 
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accused, with the consent of the offended party and the prosecutor, may be allowed by the trial 
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court to plead guilty to a lesser offense which is necessarily included in the offense charged. 
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For purposes of plea bargaining, a lesser offense which is necessarily included in the offense 
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charged is one that has some of the essential elements of the original offense charged. The lesser 
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offense shall also belong to the same classification or title under the Revised Penal Code or the 
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relevant special laws as the offense charged in the original information. 
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In all cases, the penalty for the lesser offense to which the accused may be allowed to plead 
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guilty shall not be more than two (2) degrees lower than the imposable penalty for the offense 
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charged, notwithstanding the presence of mitigating circumstances. 
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SECTION 5. Consent (~f the Offended Party. - In offenses charged where there is no private 
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offended party, the offended party whose consent is necessary for the plea bargaining shall be a) 
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the People of the Philippines, as represented by the prosecution; and b) the government agency 
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responsible for the enforcement of the law violated or directly affected by the offense committed, 
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as represented by its highest ranking official, such as its president, chief executive, or head. 
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SECTION 6. Additional Parties in certain cases. - In cases of plunder and money laundering, 
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the consent of the Ombudsman and the President are required. 
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SECTION 7. Time of Availment. - At arraignment, the accused, with the consent of the 
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offended party, the prosecutor, and any additional party required by law to give its consent, may 
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be allowed to plead guilty to a lesser offense which is necessarily included in the offense 
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charged. 
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During the course of trial, the period after arraignment- during or after the presentation of the 
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evidence of the prosecution, but before the presentation of the evidence of the defense, and in no 
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case after the dismissal by the court of a demurrer to evidence- the accused may still be allowed 
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to plead guilty to a lesser offense after withdrawing a plea of guilty to the original offense 
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charged. No amendment of the complaint or information is necessary. Plea bargaining at this 
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stage shall be subject to the conditions provided in Section 8 ofthis Act. 
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SECTION 8. Plea Bargaining during the course of the trial; Conditions. - The prosecution 
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may enter into plea bargaining with the accused, with the consent of the offended party under 
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Section 7, during or after the presentation of the evidence of the prosecution, but before the 
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presentation of the evidence of the defense, and in no case after the dismissal by the court of a 
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demurrer to evidence, provided that all of the following conditions are present: 
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a. 
b. 
c. 
The evidence of the prosecution is insufficient to prove the ofiense charged 
beyond reasonable doubt; 
In cases involving the recovery by or restitution to the offended party of property 
in crimes against property and those committed by 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 or public funds involved; and 
In cases of conspiracy and when the accused has not yet qualified as a state 
witness in accordance with the Rules of Criminal Procedure, the accused fully 
cooperates by providing, among others, documentary, object, and testimonial 
evidence, against the principals conspirators responsible for the commission of 
the offense charged and who are most guilty. 
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SECTION 9. Procedure. - For purposes of plea bargaining, the following procedure shall be 
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followed: 
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a. 
b. 
c. 
d. 
The intention to plead guilty to a lesser offense must be manifested by the accused 
before the court. Immediately 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 to a lesser offense and secure the 
consent ofthe offended party 
If the penalty imposable for the offense charged is prision mayor, or six years and 
one day imprisonment, or higher, or a fine exceeding twelve thousand pesos (PhP 
12, 000.00), 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 subj eet plea bargaining 
agreement be allowed without the written approval of the above approving 
authorities. 
The prosecution and the accused shall file a joint motion for the approval of the 
plea bargaining agreement. Attached to the joint motion is the plea bargaining 
agreement itself In no case shall the accused be re-arraigned and plead guilty to a 
lesser offense other than that agreed upon and without the requisite court approval 
of the plea bargaining agreement shall render the plea null and void ab initio. 
The prosecution may dispense with the presentation of evidence unless the court 
directs it to do so for purposes of determining the penalty to be imposed. 
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SECTION 10. Penalty. - For violations of this Act, the penalty of imprisonment ranging from 
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six months and one day to six years, and a fine ranging from six thousand (PhP 6,000.00) to sixty 
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thousand pes028s (PhP 60,000.00) shall be imposed. 
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SECTION 11. Repeal o.l Inconsistent Laws. - All laws, decrees, orders, rules and regulations, 
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and other issuances or parts thereof which are inconsistent with or contrary to this Act, are 
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hereby repealed, amended, or modified accordingly. Existing laws disallowing plea bargaining 
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for certain offenses and crimes shall remain in force and effect. 
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SECTION 12. Separability of Pro)'isions. - If any provision of this Act is declared invalid or 
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unconstitutional, the provisions thereof not atTected by such declaration shall remain valid and in 
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force and effect. 
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SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after complete 
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publication in two (2) newspapers of national and general circulation. 
Approved, 
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