FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
I 
S. No. 
2732 
Introduced by Senator Franklin M. Orilon 
EXPLANATORY NOTE 
'11 
MAR -3 P 3 :26 
Plea bargaining, which is allowed in this jurisdiction under Section 2, Rule 116 of 
the 1997 Revised Rules of Court, 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. 
Imbued with public interest, plea bargaining is ideally intended to primarily serve 
the best interest of justice, of the State and of its people, without unduly transgressing 
over the right of the accused to due process. While the intended benefits of plea 
bargaining to all the stakeholders-including the accused-is not contested, our very 
own history, however, proves witness to the unfortunate misuse and abuse of the 
process, often to the great disadvantage of the Filipino people. 
There is, therefore, an urgent need for the development of a formal policy to 
establish concrete guideposts in the implementation of plea bargaining. The setting of 
guidelines, including the imposition of sanction for violation thereof, ensures that the 
process does not become a mere vehicle for diluting the gravity of the offense charged 
against the accused, for destroying the deterrent value of the law intended to proscribe 
the offense committed, and/or for creating opportunities for graft and corrupt 
practices. 
In view of the foregoing, approval of this bill is strongly recommended. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
2732 
s. No. _____ _ 
'11 
MAR -3 P 3 :26 
HhCf;IVED rfY~ 
Introduced by Senator Franklin M. Drilon 
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 
Congre ss assembled. 
SECTION 1. Short Title. - This Act shall be known as the "Plea Bargaining Act of 2011". 
SECTION 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 that 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. 
SECTION 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. 
SECTION 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 title 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. 
SECTION S. 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. 
SECTION 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 into 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 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. 
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. 
SECTION 7. Time of Availment. - 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. 


SECTION 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. 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 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,OOO.OO), 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. 
c. The prosecution and the accused shall then present the plea 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 shall render 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. 
SECTION 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, provided 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 or public funds involved; and 
c. 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. 
SECTION 10. Penalty. - Any violation of this Act shall be punished with the penalty of 
imprisonment ranging from six months and one day to six years, and a fine ranging 
from six thousand to sixty thousand pesos (P6,OOO.OO-P60,OOO.OO), 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. 
SECTION 11. Repeal of Inconsistent Laws. -
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 modifie'd accordingly. Existing 
laws disallowing plea bargaining for certain offenses and crimes shall remain in force 
and effect. 
SECTION 12. Separability of Provisions - 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. 
SECTION 13. Effectivity - This Act shall take effect fifteen (15) days after complete 
publication in two (2) newspapers of national and general circulation. 
Approved,