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Freddie Tayco y Gaco is requesting to enter into a plea bargain agreement for two counts of violating Section 12 of R.A. 9165 instead of the original charges of violating Sections 5 and 11. Tayco also requests to immediately undergo a drug dependency test to determine the appropriate penalty. The motion cites a Supreme Court case and administrative order that allow plea bargaining in drug cases.
Freddie Tayco y Gaco is requesting to enter into a plea bargain agreement for two counts of violating Section 12 of R.A. 9165 instead of the original charges of violating Sections 5 and 11. Tayco also requests to immediately undergo a drug dependency test to determine the appropriate penalty. The motion cites a Supreme Court case and administrative order that allow plea bargaining in drug cases.
Freddie Tayco y Gaco is requesting to enter into a plea bargain agreement for two counts of violating Section 12 of R.A. 9165 instead of the original charges of violating Sections 5 and 11. Tayco also requests to immediately undergo a drug dependency test to determine the appropriate penalty. The motion cites a Supreme Court case and administrative order that allow plea bargaining in drug cases.
503-V-19 FREDDIE TAYCO y GACO, For: Violation of Sections 5 and 11, Accused. Article II of R.A. 9165 x----------------------x
MOTION TO ALLOW ACCUSED TO ENTER INTO
PLEA BARGAINING AGREEMENT (With Request for Drug Dependency Test)
Accused FREDDIE TAYCO y GACO, assisted by the Public
Attorney’s Office, unto this Honorable Court, most respectfully files this motion and avers that:
1. In the landmark case of Estipona vs. Lobrigo, (G.R. 226679, 15
August 2017) the Supreme Court has allowed plea bargaining in drug cases. Subsequently, the Supreme Court issued A.M. No. 18- 03-16-SC or the “Adoption of the Plea Bargaining Framework in Drugs Cases.” Furthermore, the Office of the Solicitor General wrote a letter to the Acting Prosecutor General of the DOJ National Prosecution Service, Pros. Richard Anthony D. Fadullon, to the effect that it shall not file a petition for certiorari on criminal cases involving violation of R.A. 9165, which were mentioned in the said letter, as the motion for plea bargaining in those cases were in accordance with existing jurisprudence and the guidelines of the Supreme Court and the DOJ.
2. Pursuant to the foregoing, accused Freddie Tayco y Gaco would
like to withdraw his not guilty plea for violation of Sections 5 and 11, Article II of R.A. 9165 and enter instead a plea of guilty for two counts of violation of Section 12, Article II of R.A. 9165.
3. In addition, accused Freddie Tayco y Gaco would like to
immediately undergo a drug dependency test in order for this Honorable Court to determine the necessary penalty to be imposed in granting this motion.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
before this Honorable Court to grant the instant motion. Other relief and remedies, just and equitable, are likewise prayed for.
Valenzuela City, Metro Manila, 11 October 2019.
FREDDIE TAYCO y GACO
Accused
With the assistance of:
PUBLIC ATTORNEY’S OFFICE
VALENZUELA DISTRICT OFFICE 1st Floor, Metropolitan Trial Court Bldg. Justice Hall Compound, C.J. Santos St., Poblacion II, Malinta, Valenzuela City
Through:
ATTY. RAFAEL D. PANGILINAN
Public Attorney II Roll No. 64684 IBP OR No. 035862 dated 8/1/18 / CALMANA MCLE Compliance No. VI - 0006876 dated 3/20/18
Copy furnished: ACP Aileen S. Agacita Office of the City Prosecutor of Valenzuela City
P/Col. Carlito Malapit Gaces
Chief of Police PNP Valenzuela City Police Station
Explanation on the Mode of Service:
A copy of the foregoing motion was served to P/Col. Carlito Malapit Gaces through registered mail for lack of personnel to effect personal service.