Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 282, Valenzuela City

PEOPLE OF THE PHILIPPINES

-versus- Criminal Case No. 2242-V-19

For: Violation of Section 11, Article
MELVIN CABUYAO y CLACIO, II of R.A. 9165
Accused.
x----------------------x

MOTION TO ALLOW ACCUSED TO ENTER INTO

PLEA BARGAINING AGREEMENT
(With Request for Drug Dependency Test)

Accused MELVIN CABUYAO y CLACIO, 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 would like to withdraw his not

guilty plea for violation of Section 11, Article II of R.A. 9165 and
enter instead a plea of guilty for violation of Section 12, Article II of
R.A. 9165.

3. In addition, accused 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, 28 February 2020.

MELVIN CABUYAO y CLACIO

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

Office of the Chief of Police

PNP Valenzuela City Police Station