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PLEA-BARGAINING PROPOSAL
The Accused WINNIE B. MOLINA, by and through counsel on record, most
respectfully submits the following Plea Bargaining Proposal for the Honorable Courts
consideration and approval, and state:
1. That Accused has been charged for QUALIFIED THEFT punishable by reclusion
perpetua;
2. That Accused comes before the Honorable Court with this Plea Bargaining
Agreement after the Prosecution is about to rest its case. Notwithstanding Rule
116, Sec 2, which allows the plea to a lesser
Supreme Court has nonetheless sustained plea bargaining during trial and
even after the Prosecution has finished presenting its evidence and rested its
case.
3. Thus, in Daan vs. Sandiganbayan, G.R. Nos. 163972-77, March 28, , 2008, the
Supreme Court ruled for plea bargaining agreement, and in support thereof
cited, among others, People vs. Villarama, G.R. No. 99287, June 23, 210 SCRA
246; People vs. Kayanan 172 Phil. 728,729; People vs Parohinog G.R. No. L47462, February 28, 1980, 96 SCRA 373, 377, in this wise
4. That Accused Winnie B. Molina, hereby withdraws her plea of not guilty and
offers to enter a plea to the lesser offense of SIMPLE THEFT under Art. 308 of
the Revised Penal Code, which is necessarily included in Qualified Theft, the
offense charged under Criminal Case No. 14674-14 with admission of the facts
constituting the lesser offense, but not the offense charged;
5. That the penalty for such offense is prision mayor in its minimum and medium
periods to be imposed in the maximum period, the value of stolen property
having exceeded P22,000.00, and one (1) year for each additional P10,000.00;
6.
That Accused also prays that the circumstance of plea of guilt and extreme
poverty and necessity be appreciated in her favor in the imposition of the
penalty;
7. Thus, in People vs. Macbul, G.R. No. L-48976, October 11, 1943, the trial court
considered extreme poverty and necessity as a mitigating circumstance falling
within Article 13 par. 10 of the Revised Penal Code, which authorizes the court
to consider in favor of an accused "any other circumstance of a similar nature
and analogous to those above mentioned.
WINNIE B. MOLINA
Accused