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SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
77 
s. B. No. ~ 
__ _ 
'13 
JUL -'1 
Al1:23 
""-,_, __ v, 
Introduced by Senator TEOFISTO "TG" 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 tri"al 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 116. 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 me 


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I / 
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SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B. No. 
77 
iHrmh.· 
{Iilif,;~.f !~.,:s.rmbrv 
·13 
,JUL -1 
Ali ~22 
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Introduced by Senator TEOFISTO "TG" GUlNGONA m' 
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 House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - this Act shall be known as the "Plea Bargai!ling Act of 20 13." 
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4 : 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 
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approval, including the plea of the accused to a lesser offense than that charged in the 
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complaint or inforination, or to only one or some of the counts of a multi-court indictment, 
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and in conformity with other conditions imposed by the prosecution, in return for a lighter 
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sentence than that for the graver charge. 
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SECTION 3. Principles. - Plea bargaining shall be entered into by and between the 
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prosecution and the accused, and approved by the court, in accordance with the following 
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principles: 
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b. 
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. 
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c. 
d. 
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 
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trial court to plead guilty to a lesser offense which is necessarily included in the offense 
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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 
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lesser offense shall also belong to the same classification or title under the Revised Penal 
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Code or the 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 of 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 
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a) the People of the Philippines, as represented by the prosecution; and b) the government 
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agency responsible for the enforcement of the law violated or directly affected by the offense 
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commi tted, as represented by its highest ranking official, such as its president, chief 
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executive, or head. 
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SECTION 6. Aflilitional Parties in certain cases. 
~ In cases of plunder and money 
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laundering, 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, 
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may 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 
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no case after the dismissal by the court of a demurrer to evidence- the accused may still be 
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allowed to plead 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. Plea 
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bargaining at this stage shall be subject to the conditions provided in Section 8 of this 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 
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a 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 offense 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 ofthe property or public funds involved; and 
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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 principal 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. 
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. 
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. 
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. 
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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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SECTION 10. Penalty. - For violations of this Act, the penalty of imprisonment ranging 
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from six months and one day to six years, and a fine ranging from six thousand (phP 
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6,000.00) to sixty thousand pesos (phP 60,000.00) shall be imposed. 
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SECTION 11. Repeal of Inconsistent Laws. -
All laws, decrees, orders, rules and 
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regulations, and other issuances or parts thereof which are inconsistent with or contrary to 
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this Act, are hereby repealed, amended, or modified accordingly. Existing laws disallowing 
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plea bargaining for certain offenses and crimes shall remain in force and effect. 
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SECTION 12. Repealing Clause. - All laws, decrees, orders, and issuances or portions 
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thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended 
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or modified accordingly. 
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SECTION. 13. E.ffectivity. - This Act shall take effect fifteen (15) days following its 
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publication in at least two (2) national newspapers of general circulation. 
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Approved, 
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