Republic of the Philippines
REGIONAL TRIAL COURT OF NEGROS ORIENTAL
7th Judicial Region
Branch 31
Dumaguete City
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE NO 2021-28433
FOR: “VIOLATION OF SECTION 5,
ARTICLE II OF R.A. No. 9165
- versus –
EMMANUEL CANDIDO y RAMOS,
a.k.a. “Maniboy”
Accused.
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COMMENT AND OPPOSITION TO THE MOTION TO ALLOW ACCUSED TO PLEA
BARGAIN with MANIFESTATION AND COMPLIANCE
NOW COMES, the people, through the Office of the Provincial Prosecution by the
undersigned Prosecutor unto this Honorable Court, most respectfully OPPOSES the
motion of the accused on the following grounds:
The accused in this case is charged of the crime of Violation of Section 5, Article II of
Republic Act 9165 or the Comprehensive Dangerous Drug Act of 2002 , the Unlawful
Sale of Dangerous Drug, and that the imposable penalty is life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) regardless of the quantity and purity involved.
The accused in this case, EMMANUEL CANDIDO y RAMOS, who is charged of Illegal
Sale of Dangerous Drug, intends to plead guilty to the lesser offense of Violation of
Section 12, Article II of Republic Act 9165, which is Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs thus the accused
wishes to avail himself of the plea bargaining proposal.
The accused manifested and attached the Order dated February 9, 2021, of Hon. Judge
Leoncio R. Bancoro, Honorable Presiding Judge of RTC Branch 41, that he was
previously charged before RTC Branch 41 for Violation of Section 11, Art. 2 of RA 9165
in Criminal Case 2020-27324 and has availed of plea bargaining in the said case.
Consequently, he pleaded guilty and was convicted of Violation of Section 12, Art. II of
R.A. 9165 and sentenced to serve a prison term of six (6) months and one (1) day to
nine (9) months, and to pay a fine of Ten Thousand Pesos (Php 10,000.00).
In the case of Daan vs. Sandiganbayan, the Court defined plea bargaining as a process
in criminal cases, whereby the accused and the prosecution worked out a mutually
satisfactory disposition of the case subject to court approval. It usually involves the
defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a
multi-court indictment in return for a lighter sentence than that for the graver charge.
Section 2, Rule 116 of the Revised Rules of Court Provides:
Section 2. Plea of guilty to a lesser offense. — At arraignment, the accused, with
the consent of the offended party and the prosecutor, may be allowed by the trial
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. 4, circ.
38-98).
Thus, the rule of the plea bargaining requires the following:
1. The consent of the offended party and the prosecutor;
2. The lesser offense must be necessarily included in the offense charged.
In this particular case, the People objects to the plea-bargaining proposal for the reason
that the crime charged of Illegal Sale of Dangerous Drug against the accused is a grave
offense, as what the penalty imposable connotes, life imprisonment to death. The illegal
sale of Dangerous Drugs would cause danger to the lives of the Filipinos.
A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drug Cases)
provided that those who are charged with Section 5 of Article II of R.A. 9165, involving
0.01 gram – 0.99 grams may be accepted to Plea Bargain for Section 12 of Article II of
R.A. 9165 or Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs with imposable penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00).
However, in this case, the accused in Criminal Case 2020-27324 was already charged
with Illegal Possession of Dangerous Drug under Section 11, Article II of R.A. 9165, was
allowed to plea bargain to the lesser offense of Illegal Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs under Section
12, Article II of R.A. 9165 and was sentenced to serve a prison term of six (6) months
and one (1) day to nine (9) months and to pay a fine of Ten Thousand Pesos (Php
10,000.00).
The lesser sentence given to the accused in Criminal Case 2020-27324 did not deter
him in pursuing another illegal activity under the same law, the Dangerous Drug Act of
2002 but a graver offense, from Illegal Possession in the previous case to Illegal Sale of
Dangerous Drugs in the second case. He even committed the act less than a year from
the date of the promulgation of the Order in Criminal Case 2020-27324 dated February
09, 2021. This grossly exhibits the greater perversity of the accused in committing
crimes under the same law. This opposition of the People wants to prevent a pattern of
Criminal Activity of the accused.
Illegal sellers of Dangerous Drugs should be punished accordingly to the penalty
imposable to the crime charged, to apprise and warn humans who intend to do the
same acts and to commit the same grave offense.
Moreover, the Prosecution believes that evidence against the accused is strong and
sufficient to sustain conviction of the accused.
For the grounds above stated, the undersigned prosecutor firmly opposes the said
Motion to the accused to plead guilty to the lesser offense.
WHEREFORE, premises considered, it is respectfully prayed that the Motion of the
Accuse to Plead Guilty to the Lesser Offense be DENIED.
Respectfully submitted