Digested Cases Legprac

August 15, 2017
G.R. No. 226679
SALVADOR ESTIPONA, JR. y ASUELA, Petitioner,

vs.
HON. FRANK E. LOBRIGO, Presiding Judge of the Regional Trial Court, Branch 3,
Legazpi City, Albay, and PEOPLE OF THE PHILIPPINES, Respondents.
DECISION
FACTS:
Petitioner Salvador A. Estipona, Jr. was charged for violation of Section 11, Article II
of R.A. No. 9165. Thereafter, he filed a Motion to Allow the Accused to Enter into a Plea
Bargaining Agreement, praying to withdraw his not guilty plea and, instead, to enter a
plea of guilty for violation of Section 12, Article II of R.A. No. 9165. He argued that
Section 23 of R.A. No. 9165 violates: (1) the intent of the law expressed in paragraph 3,
Section 2 thereof; (2) the rule-making authority of the Supreme Court under Section 5(5),
Article VIII of the 1987 Constitution; and (3) the principle of separation of powers among
the three equal branches of the government.
The prosecution moved for the denial of the motion for being contrary to Section 23
of R.A. No. 9165, which is said to be justified by the Congress' prerogative to choose
which offense it would allow plea bargaining.
Respondent Judge issued an Order denying Estipona's motion.
ISSUE:
Whether or not Section 23 of RA 9165 is unconstitutional.
HELD:
Yes. Pursuant to Section 5 (5) of Article VIII of the 1987 Constitution, the power to
promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts belongs exclusively to the Supreme Court.
Congress has no authority to repeal, alter, or supplement rules concerning pleading,
practice, and procedure. Hence, Section 23 of RA 9165, an act of Congress, is
unconstitutional.
Plea bargaining is a rule of procedure. In this jurisdiction, plea bargaining has been
defined as “a process whereby the accused and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval.” There is give-and-take
negotiation common in plea bargaining. The essence of the agreement is that both the
prosecution and the defense make concessions to avoid potential losses. Properly
administered, plea bargaining is to be encouraged because the chief virtues of the system
– speed, economy, and finality – can benefit the accused, the offended party, the
prosecution, and the court.
G.R. No. 99287 June 23, 1992

PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. MARTIN S. VILLARAMA, JR., AND JAIME MANUEL, respondents.
FACTS:
Jaime Manuel y Ohide was charged with violation of Section 16, Republic Act No.
6425, as amended. During the arraignment, the accused entered a plea of not guilty.
Thereafter, trial ensued. After the prosecution rested its case, counsel for private
respondent verbally manifested in open court that private respondent was willing to
change his former plea of "not guilty" to that of "guilty" to the lesser offense of violation of
Section 17, R.A. No. 6425, as amended. That same day, the respondent Judge issued
an order directing private respondent to secure the consent of the prosecutor to the
change of plea, and set the promulgation of decision. The prosecutor filed his Opposition
to the Request to Plead Guilty to a Lesser Offense. Respondent Judge rendered a
decision granting the accused's motion.
ISSUE:
Whether or not respondent Judge erred in granting private respondent's request to

plead guilty to a lesser offense because the request was filed out of time and the consent
thereto of the prosecutor and the offended party was not obtained.
HELD:
The provision of Section 2, Rule 116 is clear. The consent of both the Fiscal and the
offended party is a condition precedent to a valid plea of guilty to a lesser offense. The
reason for this is obvious. The Fiscal has full control of the prosecution of criminal
actions. Consequently, it is his duty to always prosecute the proper offense, not any
lesser or graver one, when the evidence in his hands can only sustain the former.
It would not also be correct to state that there is no offended party in crimes under
RA 6425 as amended. While the acts constituting the crimes are not wrong in
themselves, they are made so by law because they infringe upon the rights of others.
The threat posed by drugs against human dignity and the integrity of society is
malevolent and incessant. Such pernicious effect is felt not only by the addicts
themselves but also by their families. As a result, society's survival is endangered
because its basic unit, the family, is the ultimate victim of the drug menace. The state is,
therefore, the offended party in this case. As guardian of the rights of the people, the
government files the criminal action in the name of the People of the Philippines. The
Fiscal who represents the government is duty bound to defend the public interests,
threatened by crime, to the point that it is as though he were the person directly injured
by the offense. Viewed in this light, the consent of the offended party, i.e. the state, will
have to be secured from the Fiscal who acts in behalf of the government.
[ G.R. Nos. 244413 & 244415-16, February 18, 2020 ]
NURULLAJE SAYRE Y MALAMPAD @ "INOL", PETITIONER, VS. HON. DAX

GONZAGA XENOS, IN HIS CAPACITY AS THE PRESIDING JUDGE OF REGIONAL
TRIAL COURT OF PANABO CITY, DAVAO DEL NORTE, BRANCH 34; HON.
MENARDO I. GUEVARRA, SECRETARY OF THE DEPARTMENT OF JUSTICE; AND
PEOPLE OF THE PHILIPPINES, RESPONDENTS.
DECISION
FACTS:
Sayre was charged with violation of Sections 5, 11, and 12, Article II of Republic Act
No. 9165. Pursuant to Office of the Court Administrator Circular No. 90-2018, adopting
the Court En Banc Resolution dated April 10, 2018 in Administrative Matter No. 18-03-
16-SC, Sayre filed a Motion for Approval of Plea-Bargaining Proposal with Modification.
City Prosecutor Jennifer B. Namoc-Yasol filed a Comment and Counter-Proposal in

accordance with Department of Justice (DOJ) Circular No. 27 dated June 26, 2018.
Since the parties failed to reach a consensus insofar as Criminal Case No. CRC
416-2017 for violation of Section 5 of R.A. 9165, the RTC deferred the pre-trial to afford
Sayre another opportunity to convince the prosecution to accept his proposal.
The RTC denied Sayre's Motion to Plea Bargain and set the case for Pre-Trial.
Sayre filed an Urgent Motion for Reconsideration but was denied.
ISSUE:
Whether the provision in DOJ Circular No. 27 pertaining to plea-bargaining under

Section 5 to Section 11 of R.A. 9165 is unconstitutional as it repealed, altered, or
modified the more favorable plea bargaining provision under OCA Circular No. 90-2018,
a procedural rule promulgated by the Supreme Court En Banc, in violation of the rule-
making power of the Court under Section 5(5), Article VIII of the 1987 Constitution.
HELD:
Section 2, Rule 116 of the Rules of Court expressly states that at arraignment, 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. After arraignment but before trial, the accused may still be allowed to
plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment
of the complaint or information is necessary.
The use of the word "may" signifies that the trial court has discretion whether to
allow the accused to make a plea of guilty to a lesser offense. Moreover, plea bargaining
requires the consent of the accused, offended party, and the prosecutor. It is also
essential that the lesser offense is necessarily included in the offense charged.
Taking into consideration the requirements in pleading guilty to a lesser offense, We

find it proper to treat the refusal of the prosecution to adopt the acceptable plea bargain
for the charge of Illegal Sale of Dangerous Drugs provided in A.M. No. 18-03-16-SC as a
continuing objection that should be resolved by the RTC. This harmonizes the
constitutional provision' on the rule making power of the Court under the Constitution and
the nature of plea bargaining in Dangerous Drugs cases. DOJ Circular No. 27 did not
repeal, alter, or modify the Plea Bargaining Framework in A.M. No. 18-03-16-SC.
Therefore, the DOJ Circular No. 27 provision pertaining to acceptable plea bargain
for Section 5 of R.A. 9165 did not violate the rule-making authority of the Court. DOJ
Circular No. 27 merely serves as an internal guideline for prosecutors to observe before
they may give their consent to proposed plea bargains.

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August 15, 2017

G.R. No. 226679

SALVADOR ESTIPONA, JR. y ASUELA, Petitioner,

Respondent Judge issued an Order denying Estipona's motion.

Whether or not Section 23 of RA 9165 is unconstitutional.

G.R. No. 99287 June 23, 1992

Whether or not respondent Judge erred in granting private respondent's request to

NURULLAJE SAYRE Y MALAMPAD @ "INOL", PETITIONER, VS. HON. DAX

City Prosecutor Jennifer B. Namoc-Yasol filed a Comment and Counter-Proposal in

Whether the provision in DOJ Circular No. 27 pertaining to plea-bargaining under

Taking into consideration the requirements in pleading guilty to a lesser offense, We

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