Plea Bargaining

What is plea bargaining?

Plea bargaining is defined  as “a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge” (Daan vs. Sandiganbayan, G.R. Nos. 163972-77; March 28, 2008).

Plea bargaining is made during the pre-trial stage of the proceedings and is authorized under the Rules of Court, Sec. Rule 116.

Plea Bargaining in Drug Cases:

Sec. 23 of RA 9165 which prohibited plea bargaining in drug cases was considered unconstitutional by the Supreme Court in the case of Salvador Estipona, Jr. Vs. Lobrigo.