Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Arraignment and Plea (Rule 116)

3. Guilty Plea

Consequences of Plea of Guilty

As a rule, a plea of guilty is an UNQUALIFIED ADMISSION of the crime and of the attending circumstances (aggravating and/or qualifying) alleged in the complaint.

A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases)

Only the following acts punished under the Comprehensive Dangerous Drugs Acts may be the subject of plea-bargaining.

Offense Charged Acceptable Plea Bargain
Section 11, par. 3. Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is less than 5 grams) Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
Section 11, par. 3. Possession of Dangerous Drugs (Where quantity of marijuana is less than 300 grams) Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
Section 11, par. 2. Possession of Dangerous Drugs (Where quantity of shabu, opium, morphine, heroin, cocaine is 5 grams or more but not exceeding 10 grams) Section 11, par. 3. Possession of Dangerous Drug
Section 11, par. 2. Possession of Dangerous Drugs (Where the quantity of marijuana is 300 grams or more but not exceeding 500 grams Section 11, par. 3. Possession of Dangerous Drugs
Section 12. Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs Section 15. Use of Dangerous Drugs
Section 14. Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings Section 15. Use of Dangerous Drugs
Section 5. Sale, Trading, etc. of Dangerous Drugs (Methamphetamine hydrochloride or shabu only).01 gram to .99 grams (methamphetamine hydrochloride or shabu only) Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
Section 5. Sale, Trading, etc. of Dangerous Drugs (Marijuana only).01 gram to 9.99 grams of marijuana only Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drug

Mitigating and Aggravating Circumstances

However, the court may, upon motion, allow the presentation of evidence to prove aggravating and mitigating circumstances.

The trial court may allow an accused to plead guilty and at the same time allow him to prove other mitigating circumstances. However, if what the accused would prove is an exempting circumstance, which would amount to a withdrawal of his plea of not guilty.

WHEN SHOULD PLEA OF NOT GUILTY BE ENTERED

ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, WHAT THE COURT SHOULD DO

Arraignment Proper

  • Plea Bargaining EXCEPT in Drug Cases – If the accused enters a plea of guilty to lesser offense, plea-bargaining IMMEDIATELY proceeds, provided the private offended party in private crimes, or arresting officer in victimless crimes is present to consent with the conformity of the Public Prosecutor. Judgment shall be immediately rendered
  • Plea of Guilty to the Crime Charged in the Information – Judgment shall be immediately rendered, except in cases involving capital punishment.
  • Where NO Plea Bargaining or Plea of Guilty Takes Place – The Court shall immediately proceed with the arraignment and pre-trial

Exceptions:

  • Plea of guilty later withdrawn;
  • Tax cases – payment of any internal revenue tax may be compromised, and all criminal violations may likewise be compromised (Sec. 204, NIRC)

Exception to the exception: Those already filed in court & those involving fraud

  • Offer to pay or the payment of medical, hospital, or other expenses occasioned by an injury
  • Those involving quasi-offenses or criminal negligence;
  • An unaccepted offer of plea of guilty to a lesser offense;
  • Those covered by Katarungang Pambarangay Law; and
  • B.P. 22 cases
  • Any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn

The following are NOT admissible in evidence against the accused who made the plea or offer:

  • A plea of guilty later withdrawn, or
  • An unaccepted offer of a plea of guilty to lesser offense
  • Any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn

Authorities

  • B.P. 22
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165), Sec. 11
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165), Sec. 12
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165), Sec. 14
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165), Sec. 15
  • Comprehensive Dangerous Drugs Act of 2002 (RA 9165), Sec. 5
  • Katarungang Pambarangay Law
  • NIRC, Sec. 204