a. Lesser Offense

Presence of Offended Party

The private offended party is required to appear in the arraignment for the purpose of plea bargaining, determination of civil liability and other matters requiring his presence.

In case the offended party fails to appear despite due notice, the trial court may allow the accused to plead guilty to a lesser offense necessarily included in the offense charged with the conformity of the trial prosecutor alone (Rule 116, Sec. 1(f)).

WHEN SHOULD PLEA OF NOT GUILTY BE ENTERED

WHEN MAY ACCUSED ENTER A PLEA OF GUILTY TO A LESSER OFFENSE

Plea to Lesser Offense During Arraignment

During arraignment, the accused may enter a plea of guilty to a lesser offense PROVIDED there is consent of the offended party AND of the prosecutor to the plea of guilty to a lesser offense that is necessarily included in the offense charged (Rule 116, Sec. 2).

The accused may also enter a plea of guilty to a lesser offense if the offended party was notified and did not appear in the arraignment of the accused.

Plea to Lesser Offense After Arraignment But Before Trial

After arraignment but BEFORE trial, the accused may still be allowed to plead guilty to a lesser offense after withdrawing his previous plea of not guilty. No amendment to the complaint or information is necessary (Rule 116, Sec. 2).

Plea to Lesser Offense after Trial Has Begun

After the prosecution has rested its case, a change of plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. The judge cannot on its own grant the change of plea (Daan v. Sandiganbayan, G.R. Nos. 163972-77, March 28, 2008).

Note: The ruling on the motion must disclose the strength and weaknesses of the prosecution’s evidence. Absent any finding on the weight of the evidence on hand, the judge’s acceptance of the defendant’s change of plea is improper and irregular. (Estipona v. Lobrigo, G.R. No. 226679, 2017)

Presence and Consent of the Offended Party

The consent of the offended party is necessary before the accused may be allowed to plead guilty to a lesser offense. If the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information (No double jeopardy).

If the offended party fails to appear during arraignment, the court may allow the accused to plead guilty to a lesser offense with the conformity of the trial prosecutor alone.

The issuance by the DOJ of Circular No. 27 s. 2018 which instructs Prosecutors to outrightly reject any plea-bargaining in drugs cases that go beyond what is authorized in the Circular does not violate the rulemaking power of the Supreme Court. Thus, their refusal to consent to the plea-bargain should be treated as a continuing objection that the Court must resolve. (PP v. Reafor, G.R. No. 247575, 2020)