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MFPB - JUAN RICARDO CONSTANTINO - Sec5 RA 9165

The accused files a motion for plea bargaining and to undergo a drug dependency examination. The accused is willing to plead guilty to a lesser charge of violating Section 12 of RA 9165, which carries a lighter penalty. The accused was arrested for a small amount of shabu. The motion requests the court allow plea bargaining and temporary release for a drug exam as required by the relevant Supreme Court issuance.

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40 views5 pages

MFPB - JUAN RICARDO CONSTANTINO - Sec5 RA 9165

The accused files a motion for plea bargaining and to undergo a drug dependency examination. The accused is willing to plead guilty to a lesser charge of violating Section 12 of RA 9165, which carries a lighter penalty. The accused was arrested for a small amount of shabu. The motion requests the court allow plea bargaining and temporary release for a drug exam as required by the relevant Supreme Court issuance.

Uploaded by

ericksaysay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

Republic of the Philippines

Fourth Judicial Region


REGIONAL TRIAL COURT
Branch 60
Lucena City
rtc1luc060@judiciary.gov.ph

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,

Criminal Case No. 2021-1175


For: Violation of Sec. 5, Art. II, RA 9165
- versus -

JUAN RICARDO CONSTANTINO


y ALVAREZ @ Mata,
Accused.
x--------------------------------------------------x

MOTION FOR PLEA BARGAINING


AND TO UNDERGO
DRUG DEPENDENCY EXAMINATION
COMES NOW accused JUAN RICARDO CONSTANTINO y
ALVAREZ @ Mata, through the undersigned counsel from the Public
Attorney’s Office (PAO) and unto this Honorable Court, most respectfully
states that:

1. During the videoconference hearing of the above-mentioned


case on 07 OCTOBER 2021 the undersigned counsel
apprised the accused of the nature of his case, his rights and
remedies appertaining thereto, including his option to plea-
bargain;

2. Thereafter, accused expressed his intention to enter into


plea bargaining as provided for under A.M. No. 18-03-16-SC
(Adoption of the Plea Bargaining Framework in Drugs
Cases);

3. It is well-settled in Estipona, Jr. v. Lobrigo 1 that plea


bargaining is a rule of procedure which is within the Court’s
exclusive domain. It is considered an essential component of
the administration of justice geared towards providing a
simplified, inexpensive and speedy disposition of cases2;
1
G. R. No. 226679, 15 August 2017.
2
Nurullaje Sayre y Malampad v. Hon. Dax Gonzaga Xenox, Justice Cagioa’s Dissenting Opinion,
G.R. Nos. 244413 and 244415-16, 18 February 2020.

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4. Said accused is willing to withdraw his former plea of not
guilty in the above-mentioned case and enter anew which is
the plea of guilty to a lesser offense in the said case. The
offer for plea bargaining of the accused which is in
accordance with the A.M. No. 18-03-16-SC is provided
hereunder:

Case Charge in the Acceptable Plea Bargain


Number Information pursuant to A.M. No. 18-03-16-
SC
Criminal Violation of Sec. Violation of Sec. 12, Art. II, RA
Case No. 5, Art. II, RA 9165 which carries penalty of
2021-1175 9165 imprisonment of six (6) months
and one (1) day to four (4) years
and a fine ranging from ten
thousand pesos (Php10,000) to
fifty thousand pesos (Php50,000),
subject to subsidiary
imprisonment, in case of
insolvency

5. Careful review of the Information would reveal that the


accused was arrested for measly amount of 0.0642 gram of
Shabu.

PRAYER

WHEREFORE, IN VIEW OF THE FOREGOING, it is most


respectfully prayed for unto this Honorable Court that accused JUAN
RICARDO CONSTANTINO y ALVAREZ @ Mata, be allowed to
enter into plea bargaining as provided for under A.M. No. 18-03-16-
SC or the Adoption of the Plea Bargaining Framework in Drugs
Cases, in the above mentioned case.

The accused also prayed that he be allowed to be temporarily


released from his detention facility for him to undergo a drug
dependency examination to comply with the requirements provided
under the same Supreme Court Issuance.

Other reliefs just and equitable are likewise prayed for.

Lucena City, 08 October 2021.

Respectfully submitted,

PUBLIC ATTORNEY’S OFFICE


Lucena City District Office

Page 2 of 5
3/F Midtown Pavilion Building
Quezon Avenue cor. Leon Guinto Street
Lucena City

By:

ERICK JOHN PAUL P. SAYSAY


Public Attorney I
Roll of Attorneys No. 75601
IBP OR No. 157153 / 13 February 2021
MCLE Compliance No. New Lawyer

Noted by:

CARMI D. MAGSINO-ARAZA
District Public Attorney

NOTICE

Atty. CRYZAL LYN B. GUESE-ROSALES


Branch Clerk of Court

Greetings:

Please be informed that the undersigned is submitting this


Motion to the Honorable Court for its consideration on such date and
time which it may deem best. Thank you very much.

Lucena City, 08 October 2021.

ERICK JOHN PAUL P. SAYSAY

NOTICE

Pros. MELVILLE WENDELL L. AUREADA


Trial Prosecutor
RTC Branch 60
Lucena City

Greetings:

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Please be informed that the undersigned is submitting this
Motion to the Honorable Court for its consideration on such date and
time which it may deem best. Thank you very much.

Lucena City, 08 October 2021.

ERICK JOHN PAUL P. SAYSAY

SUBSCRIBED AND SWORN TO before me this 8 th day of October,


2021 in Lucena City, affiant exhibited to me as evidence of competent
identity his Driver’s License with ID No. E04-10-003696 which bears
his photograph and signature.

Doc No. ___ ATTY. KAREN O. JAVIER


Page No. ___ PUBLIC ATTORNEY I
Book No. ___ Pursuant to RA No. 9406 Series of
2021
Series of 2021

EXPLANATION OF SERVICE AND FILING

Copy of this pleading was served to the adverse party through


counsel and filed with this Honorable Court via electronic mail due to
the distance, lack of available staff who can serve the same in
person, and pursuant to the Sections 3(d) and 5 of Rule 13 of the
Amended Rules on Civil Procedure suppletorily applicable herein, as
well as in accordance with the Supreme Court Administrative Circular
No. 33-2020 and OCA Circular No. 89-2000 implementing the
electronic filing due to the COVID-19 public health emergency.

ERICK JOHN PAUL P. SAYSAY

Copy furnished:
thru e-service @
malee8308@gmail.com

Pros. MELVILLE WENDELL L. AUREADA


Office of the Provincial Prosecutor
G/F RTC Building
Lucena City
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