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    Motion For Plea Bargain Cabuyao

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    Raffy Pangilinan
    The accused, Melvin Cabuyao y Clacio, assisted by the Public Attorney's Office, filed a motion to allow plea bargaining and request a drug dependency test. The motion argues that under recent Supreme Court jurisprudence and guidelines, plea bargaining is allowed in drug cases. The accused wishes to withdraw his not guilty plea for a violation of Section 11 of R.A. 9165 and enter a plea of guilty for a violation of Section 12 instead. He also requests an immediate drug dependency test to determine the proper penalty if the motion is granted.

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    Motion For Plea Bargain Cabuyao

    Uploaded by

    Raffy Pangilinan
    259 views2 pages
    The accused, Melvin Cabuyao y Clacio, assisted by the Public Attorney's Office, filed a motion to allow plea bargaining and request a drug dependency test. The motion argues that under recent Supreme Court jurisprudence and guidelines, plea bargaining is allowed in drug cases. The accused wishes to withdraw his not guilty plea for a violation of Section 11 of R.A. 9165 and enter a plea of guilty for a violation of Section 12 instead. He also requests an immediate drug dependency test to determine the proper penalty if the motion is granted.

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    Motion for Plea Bargain in drugs case

    Original Title

    Motion for Plea Bargain Cabuyao

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    The accused, Melvin Cabuyao y Clacio, assisted by the Public Attorney's Office, filed a motion to allow plea bargaining and request a drug dependency test. The motion argues that under recent Supreme Court jurisprudence and guidelines, plea bargaining is allowed in drug cases. The accused wishes to withdraw his not guilty plea for a violation of Section 11 of R.A. 9165 and enter a plea of guilty for a violation of Section 12 instead. He also requests an immediate drug dependency test to determine the proper penalty if the motion is granted.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    259 views2 pages

    Motion For Plea Bargain Cabuyao

    Uploaded by

    Raffy Pangilinan
    The accused, Melvin Cabuyao y Clacio, assisted by the Public Attorney's Office, filed a motion to allow plea bargaining and request a drug dependency test. The motion argues that under recent Supreme Court jurisprudence and guidelines, plea bargaining is allowed in drug cases. The accused wishes to withdraw his not guilty plea for a violation of Section 11 of R.A. 9165 and enter a plea of guilty for a violation of Section 12 instead. He also requests an immediate drug dependency test to determine the proper penalty if the motion is granted.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    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

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