Plea Bargaining Act of 2025

Senate ifice of the ferrelarp 25 AUG 20 P5:03 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. _ 1232 Introduced by Senator Manuel "Lito" M. Lapid AN ACT PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN CRIMINAL CASES, PROVIDING PENALTIES IN VIOLATION THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 2, Rule 116 of the Revised Rules of Criminal Procedure lays down the

basis for plea bargaining, a process whereby the accused and the prosecution enter into a reciprocally satisfactory disposition of the case subject to Court approval. Such Rule presents the basic requisites upon which plea bargaining may be made, i.e., that it should be with the consent of the offended party and the prosecutor, and that the plea of guilt should be to a lesser offense which is necessarily included in the offense charged. Since its introduction into our judicial system, jurisprudence has enriched its application. People of the Philippines v. Villarama ruled that "the acceptance of an offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter that is addressed entirely to the sound discretion of the trial court." People of the Philippines v. Court of Appeals dictates that "as regards plea bargaining during the pre-trial stage, the trial court's exercise of its discretion should neither be arbitrary nor should it amount to a capricious and whimsical exercise of discretion."

The intent of plea-bargaining is to speed up the prosecution of cases by minimizing the need for trial. This lessens the dockets of the prosecution service and the courts and allows them to focus on the contested cases. However, a policy must also be provided to ensure that it is not abused, thereby negating the deterrent nature of our criminal laws. Imbued with public interest, plea bargaining is ideally intended to primarily serve the best interest of justice, of the State and of its people, without unduly transgressing over the right of the accused to due process. While the intended benefits of plea bargaining to all the stakeholders is not contested, our very own history, however, proves witness to the unfortunate misuse and abuse of the process, often to the great disadvantage of the Filipino people. Thus, there is an urgent need for the development of a formal policy to establish concrete guideposts in the implementation of plea bargaining. The setting of guidelines, including the imposition of sanction for violation thereof, ensures that the process does not become a mere vehicle for diluting the gravity of the offense charged against the accused, for destroying the deterrent value of the law intended to proscribe the offense committed, and/or for creating opportunities for graft and corrupt practices. In view of the foregoing, the passage of this bill is earnestly sought.

Senate Office of the Aberrctary 25 AUG 20 P5:03 TWENTIETH CONGRESS OF THE ) First Regular Session RECEIVED BY: SENATE S. No. 1232 Introduced by Senator Manuel "Lito" M. Lapid AN ACT PROVIDING FOR RULES ON PLEA BARGAINING AGREEMENT IN CRIMINAL CASES, PROVIDING PENALTIES IN VIOLATION THEREFOR, AND FOR OTHER PURPOSES Congress issembled y the Senate and House of Representatives of the Philippines in

SECTION 1. Short Title. - This Act shall be known as the "Plea Bargaining Act

of 2025"

SEC. 2. Plea Bargaining; Definition. - Plea Bargaining is the process in criminal

proceedings whereby the accused and the prosecution work out a mutually satisfactory disposition of the case, as expressed and contained in the plea bargaining agreement, and subject to court approval, including the plea of the accused to a lesser offense than that charged in the complaint or information, or to only one or some of the counts of a multi-court indictment, and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that for the graver charge.

SEC. 3. Principles. - Plea bargaining shall be entered into by and between the

prosecution and the accused, and approved by the court, in accordance with the following principles: a. Plea bargaining is a matter imbued with public interest. As such, its initial consideration and final terms should both primarily redound to the benefit of the public.

b. When a plea bargain is offered by the accused, or a plea-bargaining agreement is entered into, the prosecution and the court are both duty- bound to inquire carefully into the circumstances and motivations on which these are premised, to the end that the interest of justice and of the public will be served. c. Plea bargaining is not a matter of compromise for the convenience and benefit of the accused. It is not demandable by the accused as a matter of right but is addressed to the sound discretion of the trial court. d. Plea bargaining shall not be entered into when it will only serve to trivialize the seriousness of the offense charged against the accused and negate the deterrent value of the law intended to proscribe the offense committed.

SEC. 4. Plea of Guilty to a Lesser Offense. - As part of a plea-bargaining

agreement, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. For purposes of plea bargaining, a lesser offense which is necessarily included in the offense charged is one that has some of the essential elements of the original offense charged the lesser offense shall also belong to the same classification or title under the Revised Penal Code or the relevant special laws as the offense charged in the original information. In all cases, the penalty for the lesser offense to which the accused may be allowed to plead guilty shall not be more than two (2) degrees lower than the imposable penalty for the offense charged, notwithstanding the presence of mitigating circumstances.

SEC. 5. Consent of the Offended Party. - In offenses charged where there is

no private offended party, the offended party whose consent is necessary for the plea bargaining shall be a) the People of the Philippines, as represented by the prosecution; and b) the government agency responsible for the enforcement of the law violated or

1 directly affected by the offense committed, as represented by its highest ranking official, such as its president, chief executive, or head.

SEC. 6. Additional Parties in Certain Cases. - In cases of plunder and money

4 laundering, the consent of the Ombudsman and the President are required.

SEC. 7. Time of Availment. - At arraignment, the accused, with the consent of

the offended party, the prosecutor, and any additional party required by law to give its consent, may be allowed to plead guilty to a lesser offense which is necessarily included in the offense charged. During the course of trial, the period after arraignment- during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defense, and in no case after the dismissal by the court of a demurrer to evidence- the accused may still be allowed to plead guilty to a lesser offense after withdrawing a plea of not guilty to the original offense charged. No amendment of the complaint or information is necessary. Plea bargaining at this stage shall be subject to the conditions provided in Section 8 of this Act.

SEC. 8. Plea Bargaining during the Course of the Trial; Conditions. - The

prosecution may enter into plea bargaining with the accused, with the consent of the offended party under Section 7, during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defense, and in no case after the dismissal by the court of a demurrer to evidence, provided that all 21 of the following conditions are present: a. The evidence of the prosecution is insufficient to prove the offense charged beyond reasonable doubt; b. In cases involving the recovery by or restitution to the offended party of property in crimes against property and those committed by public officers in relation to public funds such as, but not limited to, the crime of plunder, graft and corrupt practices, bribery, and malversation, the accused makes a full restitution of the property or public funds involved; and

c. In cases of conspiracy and when the accused has not yet qualified as a state witness in accordance with the Rules of Criminal Procedure, the accused fully cooperates by providing, among others, documentary, object, and testimonial evidence, against the principal conspirators responsible for the commission of the offense charged and who are most guilty.

SEC. 9. Procedure. - For purposes of plea bargaining, the following procedure

shall be followed: a. The intention to plead guilty to a lesser offense must be manifested by the accused before the court. Immediately thereafter, the prosecutor shall move for the suspension of the proceedings to enable him to confer with the offended party, to evaluate the implications of the offer to plead to a lesser offense and secure the consent of the offended party. b. If the penalty imposable for the offense charged is prision mayor, or six years and one day imprisonment, or higher, or a fine exceeding one million two hundred thousand pesos (Php 1,200,000.00), the plea bargaining agreement shall first be approved in writing by the City Prosecutor, Provincial Prosecutor, or the Prosecutor General in criminal cases handled by the National Prosecution Service; or the Ombudsman in criminal cases handled by the Office of the Special Prosecutor; or the head of the agency in the case of other agencies authorized to prosecute criminal cases, before it is submitted to the court for approval. In no case shall the subject plea-bargaining agreement be allowed without the written approval of the above approving authorities. c. The prosecution and the accused shall file a joint motion for the approval of the plea-bargaining agreement. Attached to the joint motion is the plea-bargaining agreement itself. In no case shall the accused be re- arraigned and plead guilty to a lesser offense other than that agreed upon and without the requisite court approval of the plea-bargaining agreement shall render the plea null and void ab initio.

d. The prosecution may dispense with the presentation of evidence unless the court directs it to do so for purposes of determining the penalty to be imposed.

SEC. 10. Penalty. - For violations of this Act, the penalty of imprisonment

ranging from six months and one day to six years, and a fine ranging from forty thousand (Php 40,000.00) to two hundred thousand pesos (Php 200,000.00) shall be imposed.

SEC. 11. Repeal of Inconsistent Laws. - All laws, decrees, orders, rules and

regulations, and other issuances or parts thereof which are inconsistent with or contrary to this Act, are hereby repealed, amended, or modified accordingly. Existing laws disallowing plea bargaining for certain offenses and crimes shall remain in force and effect.

SEC. 12. Implementing Rules and Regulations. - Within ninety (90) days after

the approval of this Act, the Department of Justice, in consultation with the Supreme Court, shall issue the necessary rules and regulations for the effective implementation of this Act.

Sec. 13. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law of the provision not otherwise affected shall remain valid and subsisting.

Sec. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation. Approved,