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The prosecution submitted a comment on the accused's motion to plea bargain in two criminal drug cases. It stated that it has no objection to the plea bargain provided the penalty is 6 months and 1 day to 4 years imprisonment plus a fine of 10,000 to 50,000 pesos. The prosecution noted the plea bargain requires its consent under A.M. No. 18-03-16-SC and that the drug quantity is within guidelines in DOJ Department Circular No. 018 allowing a plea bargain.

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Mary Rose Leal
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32 views2 pages

Untitled

The prosecution submitted a comment on the accused's motion to plea bargain in two criminal drug cases. It stated that it has no objection to the plea bargain provided the penalty is 6 months and 1 day to 4 years imprisonment plus a fine of 10,000 to 50,000 pesos. The prosecution noted the plea bargain requires its consent under A.M. No. 18-03-16-SC and that the drug quantity is within guidelines in DOJ Department Circular No. 018 allowing a plea bargain.

Uploaded by

Mary Rose Leal
Copyright
© © All Rights Reserved
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Republic of the Philippines

REGIONAL TRIAL COURT


Fourth Judicial Region
Branch 80
Morong, Rizal

PEOPLE OF THE PHILIPPINES, Criminal Case No. 22-24972-M


-Plaintiff,

-versus- For:

NONITO LOCASIA y Cerocam Violation of Section 5 of R.A. No. 9165


alias “Balot”,
Accused.
x------------------------------------x
PEOPLE OF THE PHILIPPINES, Criminal Case No. 22-24973-M
-Plaintiff,

-versus- For:

NONITO LOCASIA y Cerocam Violation of Section 11 of R.A. No. 9165


alias “Balot”,
Accused.
x------------------------------------x

COMMENT/OBJECTION

THE PROSECUTION, through the undersigned public prosecutor, unto this


Honorable Court, most respectfully submits its comment/objection to the Motion to Plea
Bargain, and hereunder alleges THAT:

1. On April 14, 2023, the accused filed before this Honorable Court a Motion to
Plea Bargain;

2. In said motion, accused sought for the approval of the Honorable Court that
he be allowed to plea bargain from the original charges for Violation of
Sections 5 and 11 of R.A. 9165 to Violation of Section 12 of R.A. 9165;

3. Accused, in his motion, cited A.M. No. 18-03-16-SC issued by the Supreme
Court as his legal basis for his desire to enter into a plea bargaining
agreement with the prosecution;

4. On the basis of A.M. No.18-03-16-SC, prior consent of the prosecution is


required before the accused may be allowed to enter into a plea bargaining
agreement;

5. Considering the quantity of the drugs involved in Criminal Case No.


22-24972-M for Violation of Section 5 of R.A. 9165 and in Criminal Case No.
22-24973-M for Violation of Section 11 of R.A. 9165 is considered within the
framework provided for the DOJ Department Circular No. 018, dated May 10,
2022, the Prosecution offers NO OBJECTION thereto provided further, that
the imposable penalty for Section 12 (to plead guilty from Section 5 of RA
9165) and for Section 12 (to plead guilty for Section 11, Par. 3 of RA 9165)
should be within a period of six (6) months and one (1) day to four (4) years
and a fine raging from ₱10,000.00 to ₱50,000.00, whichever the Court may
find applicable’;
-----
Page 2
--------

WHEREFORE, premises considered, it is most respectfully prayed for that


foregoing Comment to the Motion for Plea Bargaining of the prosecution be taken into
consideration by the Honorable Court in the resolution of said motion.

Taytay, Rizal
April 17, 2023.

Department of Justice
National Prosecution Service
Rizal Provincial Prosecution Office
RPJ Compound, Brgy. Dolores
Taytay, Rizal

By:

BREND VIRGILIO S. VERGARA


Prosecutor I

Copy Furnished:

ATTY. JOHN VON LEE L. DE LUNA


Counsel for the Accused
Public Attorney’s Office
Morong, Rizal
([email protected])

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