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    PP Vs Horey Consencino

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    Mervin C. Silva-Castro
    The accused, Horey Consencino y Montero, was charged with possession of 0.04 grams of shabu. The accused filed a motion to enter a plea bargain agreement allowed under recent Supreme Court rulings. Specifically, the accused seeks to plead guilty to possession of drug paraphernalia instead of the original drug possession charge, as the plea bargain framework allows for this agreement given the small amount of drugs involved. A hearing is requested on June 30 to allow the accused to change their plea and enter the plea bargain agreement.

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    PP Vs Horey Consencino

    Uploaded by

    Mervin C. Silva-Castro
    66 views2 pages
    The accused, Horey Consencino y Montero, was charged with possession of 0.04 grams of shabu. The accused filed a motion to enter a plea bargain agreement allowed under recent Supreme Court rulings. Specifically, the accused seeks to plead guilty to possession of drug paraphernalia instead of the original drug possession charge, as the plea bargain framework allows for this agreement given the small amount of drugs involved. A hearing is requested on June 30 to allow the accused to change their plea and enter the plea bargain agreement.

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    pp vs horey consencino

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    The accused, Horey Consencino y Montero, was charged with possession of 0.04 grams of shabu. The accused filed a motion to enter a plea bargain agreement allowed under recent Supreme Court rulings. Specifically, the accused seeks to plead guilty to possession of drug paraphernalia instead of the original drug possession charge, as the plea bargain framework allows for this agreement given the small amount of drugs involved. A hearing is requested on June 30 to allow the accused to change their plea and enter the plea bargain agreement.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    66 views2 pages

    PP Vs Horey Consencino

    Uploaded by

    Mervin C. Silva-Castro
    The accused, Horey Consencino y Montero, was charged with possession of 0.04 grams of shabu. The accused filed a motion to enter a plea bargain agreement allowed under recent Supreme Court rulings. Specifically, the accused seeks to plead guilty to possession of drug paraphernalia instead of the original drug possession charge, as the plea bargain framework allows for this agreement given the small amount of drugs involved. A hearing is requested on June 30 to allow the accused to change their plea and enter the plea bargain agreement.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    1

    REPUBLIC OF THE PHILIPPINES


    NATIONAL CAPITAL JUDICIAL REGION
    REGIONAL TRIAL COURT
    Branch 155, Pasig City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    -versus- CRIM. CASE NO. R-PSG-20-00902-CR

    HOREY CONSENCINO y MONTERO


    @ “Dodong”,
    Accused.
    x------------------------------------------x

    MOTION TO ALLOW THE ACCUSED


    TO ENTER INTO PLEA BARGAINING AGREEMENT

    COMES NOW, Accused HOREY CONSENCINO y MONTERO,


    through the assistance of the undersigned counsel, and unto this Honorable
    Court, most respectfully states that:

    1. Herein accused was charged for violation of Section 11, Article II of


    Republic Act No. 9165 for allegedly possessing one piece heat sealed
    transparent plastic sachet containing 0.04 gram of shabu;

    2. In the recent case of Estipona vs. Lobrigo (G.R. No. 226679, August 15,
    2017), the Supreme Court declared the prohibition on plea bargaining
    for drug cases unconstitutional. Thus the accused is now allowed to
    enter into plea bargaining with the Prosecution;

    3. Further, on April 10, 2018, the Supreme Court adopted an En Banc


    Resolution and issued OCA Circular No. 90-2018. Under the said
    Circular, the Supreme Court adopted the Plea Bargaining Framework in
    Drug Cases as follows:

    xxx xxxx xxx

    3.a)For violation of Section 11, paragraph 3 (Possession of Dangerous Drugs where the quantity of
    shabu is from 0.01 to 4.99 grams, the acceptable plea bargain would Section 12 (Possession of
    equipment, instrument, apparatus and other paraphernalia for dangerous drugs)

    3.b) For violation of Section 5 (Sale, Trading, etc. of Dangerous Drugs) where the quantity of drugs
    is from .01 to 0.99 grams, the acceptable plea bargain would be for violation of Section 12
    (Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs)

    xxx xxx xxx

    4. Given the foregoing, the accused desires to withdraw his former plea of
    not guilty in the Information for violation of Article II, Section 11 of
    Republic Act No. 9165 and substitute it with a plea of guilty to the

    1
    2

    offense punishable under Article II, Section 12 of Republic Act No.


    9165.

    PRAYER

    WHEREFORE, premises considered, and in the interest of justice, it is


    respectfully prayed of this Honorable Court that the accused be allowed to
    plead guilty to the offense punishable under Article II, Section 12 of Republic
    Act No. 9165

    Other reliefs just and equitable under the premises are likewise prayed
    for.

    Pasig City, June 11, 2020.

    Department of Justice
    PUBLIC ATTORNEY’S OFFICE
    Counsel for the Petitioner
    3 Floor, Pasig City Social Welfare Bldg.,
    rd

    City Hall Compound, Pasig City

    By:

    MERLO VINIA C. SILVA-CASTRO


    Public Attorney II
    Roll No. 66436
    MCLE VI 0019280, 03/22/2019

    NOTICE OF HEARING

    ATTY. DUKE THADDEUS MAOG


    Branch Clerk of Court
    Branch 155, RTC, Pasig City

    Greetings:

    Please include the foregoing motion in the calendar of matter scheduled


    to be heard and resolved by the Honorable Court on June 30, 2020 at 8:30
    o’clock in the morning or immediately upon receipt hereof.

    MERLO VINIA C. SILVA-CASTRO


    Copy furnished:
    HON. PROS. NANCY G. PEIG
    CITY PROSECUTOR’S OFFICE
    7TH FLOOR HALL OF JUSTICE, PASIG CITY

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