Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 40
Cauayan City, Isabela

PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal case No. 40-12374
For: VIOLATION OF SEC. 5 OF
RA 9165
-versus-

REYMOND FRANCISCO y LUYON

Accused
x------------------------------------------x
MOTION TO ENTER INTO
PLEA BARGAINING AGREEMENT

COMES NOW, Accused REYMOND FRANCISCO y LUYON,

through the undersigned counsel, most respectfully avers THAT:

1. The accused was charged in Criminal Case No. Br. 40-12374

for violation of Section 5 Article II of RA 9165, otherwise known
as the Dangerous Drug Act of 2002 for allegedly selling two (2)
pieces transparent plastic sachets containing 2.1044 grams
and 2.9338 grams of dried marijuana leaves with fruiting tops,
with a total weight of 5.0382 grams more or less;

2. The accused comes before the Honorable Court with this

motion to enter into plea bargaining agreement for the crime
above-captioned.

3. In several cases decided by the Supreme Court, plea

bargaining is allowed during the arraignment, the pre-trial, or
even up to the point when the prosecution already rested its
case. The accused is also authorized under Section 2, Rule
116 of the Revised Rules of Criminal Procedure, after
arraignment but before trial, to plead guilty to a lesser offense
which is necessarily included in the offense charged after
withdrawing his plea of not guilty.
4. In view of the Resolution issued by the Supreme Court ordering
the Adoption of the Plea Bargaining Framework in Drug
Cases, the acceptable plea bargain for violation of Section 5
Article II of RA 9165 involving Marijuana weighing .01 grams to
9.99 grams is Section 12 Article II which is possession of
equipment, instrument, apparatus and other paraphernalia
for Dangerous Drugs the penalty of which is 6 months and 1
day to 4 years and a fine ranging from P10,000 to P50,000.

5. Based on the foregoing Rules, Procedures, Jurisprudence and

the Resolution issued by the Supreme Court ordering the
Adoption of Plea Bargaining Framework in Drug Cases, the
accused, with the assistance of his counsel, offers to plead
guilty to a lesser offense as follows:

6. The accused withdraws his plea of not guilty and offers to

enter a plea of guilty to the lesser offense of violation of
Section 12 Article II of RA 9165 or possession of equipment,
instrument, apparatus and other paraphernalia for
Dangerous Drugs considering that the amount of dangerous
drugs confiscated from the accused has a total of 5.0382
grams of Marijuana leaves and that such crime is an
acceptable plea bargain for the offense charged against
him under Criminal Case No. Br. 40-12374, with admission of
the facts constituting the lesser offense, but not the offense
charged;

7. We humbly come before this Honorable Court to pray for the

approval of this motion allowing the accused to plead guilty
to the lesser offense of violation of Section 12 Article II of RA
9165, the penalty of which is 6 months and 1 day to 4 years
and a fine ranging from P10,000 to P50,000.

WHEREFORE, premises all considered, it is respectfully

prayed of this Honorable Court that the Amended Motion to
Enter into Plea Bargaining Agreement of the accused be
GRANTED.

Other relief just and equitable under the premises are

likewise prayed for.
 Cauayan City, Isabela. May 10, 2019

ATTY. CHRISTINE JOY D. PRESTOZA

Counsel for the Accused
Don Jose Canciller Ave., Cauayan City, Isabela
e-mail ad: prestozacj@gmail.com/ 09458955032
Roll No. 71004
IBP No. 066031, Pangasinan, 01-09-19
PTR No. 4456637, Cauayan City, Isabela, 01-07-19
MCLE Compliance No. VI-0019161
Issued on 03-19-19

NOTICE OF HEARING

THE HONORABLE BRANCH CLERK OF COURT

Regional Trial Court, Branch 40
Cauayan City, Isabela

Greetings!
Please take notice that the foregoing Motion is being submitted
immediately for consideration and resolution of the Honorable Court
on immediately upon receipt hereof.

CHRISTINE JOY D. PRESTOZA

Copy furnished:

THE HONORABLE PROSECUTOR

Office of the Prosecutor
Cauayan City, Isabela