FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SEN ATE 
COMMITTEE REPORT NO. 
lJIl 
'1;1 
t1Ar~ 17. 
:!i i :43 
Submitted 
by 
the 
Committee 
on 
Justice 
and 
Human 
Rights 
on 
MAR 1 2 2012 
Re: 
Senate Bill No. 
3148 
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Recommending its approval in substitution of Senate Bill Nos. 2732 and 2871 
Sponsors: Senators Escudero and Guingona 
MR. PRESIDENT: 
The Committee on Justice and Human Rights to which were referred Senate 
Bill No. 2732, introduced by Senator Franklin M. Drilon,entitled: 
"AN ACT 
PROVIDING FOR RULES ON PLEA BARGAINING IN CRIMINAL 
CASES, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND 
FOR OTHER PURPOSES." 
And S.No. 2871, introduced by Senator Teofisto L. Guingona, III, entitled: 
"AN ACT 
PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN 
CRIMINAL CASES, PROVIDING PENALTIES IN VIOLATION 
THEREFOR, AND FOR OTHER PURPOSES." 


has considered the same and has the honor to report them back to the Senate with 
the recommendation that the attached Senate Bill No. 
314 B prepared 
by 
the Committee, entitled: 
"AN ACT 
PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN 
CRIMINAL CASES, PROVIDING PENALTIES FOR VIOLATION 
THEREOF, AND FOR OTHER PURPOSES." 
be approved in substitution of Senate Bill Nos. 2732 and 2871, with Senators 
Drilon, Guingona and Escudero, as authors thereof. 


Respectfully submitted: 
SEN. F ANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Human Rights 
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Chairman, 
n Justice and Hwnan Rights 
MEMBERS: 
//~ 
SEN. S,{~O R. OSMENA III 
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SEN. AQdILINO PIMENTEL, III 
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SEN. ANTONIO F. TRILLANES IV 
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~ 
SEN. LORErn3: LEGARDA 
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SEN. JOKER P. ARROYO 


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SEN. ALAN PETER CAYETANO 
Senate Minority Floor Leader 
HON. JUAN PONCE ENRILE 
Senate President 
~N. VICENTE C. ~OTTO III 
Senate Majority Fl0l( Leader 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.No. 3148 
'17 
HI\R 1/' ;:: :!l3 
Prepared by the COlmnittee on Justice and Human Rights with Senators Drilon, 
Guingona and Escudero as Authors thereof. 
AN ACT 
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PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN 
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CRIMINAL CASES, PROVIDING PENALTIES FOR VIOLATION 
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THEREOF, AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Title. 
- This Act shall be known as the "Plea 
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Bargaining Act of 2012." 
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Sec. 2. 
Plea Bargaining. - Plea bargaining is the process in criminal 
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proceedings whereby the accused and the prosecution work out a mutually 
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satisfactory disposition of the case, as expressed and contained in a plea 
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bargaining agreement, and subject to court approval, induding the plea of the 
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accused to a lesser offense than that charged in the complaint or information, or 
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to only one or some of the counts of a multi-count indictment, and in conformity 
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with other conditions imposed by the prosecution, in return for a lighter sentence 
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than that for the graver charge. 
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Sec. 3. Principles. - Plea bargaining shall be entered into by and between 
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the prosecution and the accused, and approved by the court, in accordance with 
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the folloWing principles: 
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a. 
Plea bargaining is a matter imbued with public interest. As such, its 
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initial consideration and final terms should both primarily redound to 
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the benefit of the public. 


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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 interest 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. 
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Sec. 4. Plea of guilty to a lesser offense. - As part of a plea bargaining 
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agreement, the accused, with the consent of the offended party and the 
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prosecutor, may be allowed by the trial court to plead guilty to a lesser offense 
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which is necessarily included in the offense charged. 
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For purposes of plea bargaining, a lesser offense which is necessarily 
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included in the offense charged is one that has some of the essential elements of 
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the original offense charged. The lesser offense shall also belong to the same 
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classification or title under the Revised Penal Code or the relevant special laws 
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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 
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allowed to plead guilty shall not be more than two (2) degrees lower than the 
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imposable penalty for the offense charged, notwithstanding the presence of 
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mitigating circumstances. 
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Sec. 5. Consent of the Offended Party. - In offenses charged where there 
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is no private offended party, the offended party whose consent is necessary for 
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the plea bargaining shall be the People of the Philippines as represented by the 
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prosecution, the Republic of the Philippines as represented by the Office of the 
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Solicitor General, and the government agency responsible for the enforcement of 
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the law violated or directly affected by the offense committed as represented by 
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the Office of the Solicitor General. 
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Sec. 6. Additional Parties in certain cases. -
In cases of plunder and 
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money laundering, the consent of the Ombudsman and the President are 
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required. 
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Sec. 7. Time of Availment. -
At arraignment, the accused, with the 
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consent of the offended party, the prosecutor, and any additional party required 
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by law to give its consent, may be allowed to plead guilty to a lesser offense 
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which is necessarily included in the offense charged. 
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During the course of the trial, the period after arraignment - during 
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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 
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the court of a demurrer to evidence - the accused may still be allowed to plead 
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guilty to a lesser offense after withdrawing a plea of guilty to the original 
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offense charged. No amendment of the complaint or information is necessary. 
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Plea bargaining at this stage shall be subject to the conditions provided in 
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Section 8 of this Act. 
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Sec. 8. Plea Bargaining during the course of the trial; Conditions. - The 
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prosecution may enter into plea bargaining with the accused, with the consent 
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of the offended party under Section 7, during or after the presentation of the 
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evidence of the prosecution, but before the presentation of the evidence of the 
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defense, and in no case after the dismissal by the court of a demurrer to 
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evidence, provided that all of the following conditions are present: 
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a. 
The evidence of the prosecution is insufficient to prove the offense 
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charged beyond reasonable doubt; 
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b. In cases involving the recovery by or restitution to the offended party 
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of property in crimes against property and those committed by public 
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officers in relation to public funds such as, but not limited to, the crime 
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of plunder, graft and corrupt practices, bribery and malversation, the 
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accused makes a full restitution of the property or public funds 
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involved; and 
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c. In cases of conspiracy and when the accused has not yet qualified as a 
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state witness in accordance with the Rules of Criminal Procedure, the 
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accused fully cooperates by providing, among others, documentary, 
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object and testimonial evidence, against the principal conspirators 
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responsible for the commission of the offense charged and who are 
most guilty. 
Sec. 9. 
Procedure. -
For purposes of plea bargaining, the following 
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procedure shall be followed: 
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a. 
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 of the offended 
party. 
b. 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 subject plea bargaining agreement be allowed without the written 
approval of the above approving authorities. 
c. 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 in the plea bargaining agreement mentioned in the 
immediately preceding section; provided That; the said Plea Bargaining 
agreement be duly approved by the trial court; provided further That: 
failure to observe such conditions shall render the plea null and void 
ab initio. 
d. 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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Sec. 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 (PhP 6,000.00) to sixty 
thousand pesos (PhP 60,000.00), 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. 11. 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. 12. 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. 13. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after complete publication in the Official Gazette or in two (2) 
newspapers of national and general circulation. 
Approved, 
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