UNDER THE LAW
BY ATTY MOX
CAN A COURT GRANT THE
ACCUSED’S PLEA
BARGAINING DESPITE THE
PROSECUTOR’S OBJECTION?
BASON V. PEOPLE
G.R. 262664 October 3, 2023
FACTS
• Bason was charged with violation of Sections 5
and 11, Article II of Republic Act No. (RA) 9165.
• Bason plead not Guilty on the above violations
• Bason instead proposed guilty of 2 counts of
violation of Section 12, Article II of RA 9165
• OCP Objected with the following arguments (see
the next slide)
• RTC granted Bason’s plea bargaining proposal.
• OSG elevated the same to the CA via Rule 65
• CA granted OSG’s Rule 65
Prosecution Argument
• The Office of the City Prosecutor of Roxas City
(OCP-Roxas City) filed its Opposition on the
following grounds:
• (1) it has already rested its case and it has a strong
evidence against Bason;
• (2) under Department of Justice (DOJ)
Department Circular No. 027, Bason can only be
allowed to enter a plea of guilty from Section 5 to
Section 11, Article II of RA 9165;
• (3) the proposed plea bargain will render
insignificant the investigation and resolution of
the case in court; and
• (4) there is probable cause for the filing of two or
three charges for violation of RA 9165 against
Bason.
CAN A COURT GRANT
THE ACCUSED’S PLEA
BARGAINING DESPITE
THE PROSECUTOR’S
OBJECTION?
ISSUE
THE PETITION IS
MERITORIOUS
• The Court's Plea Bargaining Framework in Drugs Cases
takes precedence over any DOJ Department Circular or
other similar issuances regarding plea bargaining in
drugs cases.
• Plea bargaining requires the consent of the parties, but
the approval thereof is subject to the sound discretion of
the court.
• Approval of the plea bargaining proposal requires an
evaluation of the character of the accused and the weight
of the prosecution's evidence.
Approval of the plea bargaining proposal requires an
evaluation of the character of the accused and the weight
of the prosecution's evidence. (People v. Montierro)
• However, as discussed above, Montierro also requires
that the trial court make an evaluation of the character of
the accused before it approves the plea bargaining
proposal. Particularly, the trial court shall ensure that the
accused is NOT
• (1) a recidivist,
• (2) a habitual offender,
• (3) known in the community as a drug addict and
troublemaker,
• (4) one who has undergone rehabilitation but had a
relapse, and
• (5) one who has been charged many times.
IF THERE IS A BREACH
OF CONTRACT, CAN IT
BE A SUBJECT OF
DECLARATORY RELIEF
OR ORDINARY
ACTION?
FERRER V. CATABIJAN
G.R. No. 258486. August 2, 2023
FACTS
• Fujian Tech is a printing company in China.
• Fujian Tech is represented by M.Y. Intercontinental in
the PH
• St. Mary’s Publishing and Fujuan Tech (as represented
by MY Intercontinental) executed a Contract for
exclusive printing and distribution of various local
textbooks.
• Xxxx Fujian New Technology printed 91,000 copies of
Pagpapaunlad ng Kasanayan sa Pagbasa and 210,000
copies of Developing Reading Power textbooks. The
printing of the textbooks cost PHP 11,347,781.08.
• Unfortunately, St. Mary's Publishing defaulted in paymg
for the printed textbooks. Consequently, M.Y
Intercontinental issued a notice to rescind the December
7, 2009 Purchase Order.
• To protect its interest, M.Y Intercontinental and Uy,
through their representative, Marie Ann Carmen F.
Ferrer (Ferrer), filed a Petition for Declaratory Relief16
against St. Macy's Publishing and its Senior Executive
IF THERE IS A BREACH
OF CONTRACT, CAN IT
BE A SUBJECT OF
DECLARATORY RELIEF
OR ORDINARY
ACTION?
ISSUE
Rule 63, Section 1 of the Rules
of Court
• For an action for declaratory relief to prosper, the
following requisites should be present:
• (]) the subject matter of the controversy must be a deed,
will, contract or other written instrument, statute,
executive order or regulation, or ordinance;
• (2) the terms of said documents and the validity thereof
are doubtful and require judicial construction;
• (3) there must have been no breach of the documents in
question;
• (4) there must be an actual justiciable controversy or the
"ripening seeds" of one between persons whose interests
are adverse;
• (5) the issue must be ripe for judicial determination; and
• (6) adequate relief is not available through other means
or other forms of action or proceeding.
Can Declaratory Relief be
converted into Ordinary
Action?
Rule 63, Section 6 of the Rules
of Court states:
• Section. 6. Conversion into ordinary
action. - If before the final termination of
the case, a breach or violation of an
instrument or a statute, executive order
or regulation, ordinance, or any other
governmental regulation should take
place, the action may thereupon be
converted into an ordinary action, and
the parties shall be allowed to file such
pleadings as may be necessary or proper.
(Emphasis in the original)
CAN AN ACQUITTED
ACCUSED BE SUBJECT
OF AN APPEAL?
BASON V. PEOPLE G.R. No. 262664 October 3,
2023
FACTS
• Marian is the registered owner and proprietor of a Bar.
• Delgado was a floor manager.
• Xxx RA 9208, otherwise known as the "Anti-Trafficking in Persons Act of
2003," as expanded under RA 10364, in relation to xxxx RA 7610, as
amended by RA 9231, otherwise known as "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act," and sentenced her to
suffer the penalty of life imprisonment and a fine of P2,000,000.00 for each
count and ordered her to pay moral and exemplary damages.
• On the other hand, the CA affirmed the acquittal of xxx(Delgado) xxx
• Victims : AAA = 15 yrs old; BBB = 16 yrs old; CCC = 17 yrs old; DDD = 17
yrs old; EEE = 15 yrs old
• The RTC acquitted petitioner and Delgado on the ground that their guilt
was not proven beyond reasonable doubt. According to the RTC, private
complainants were neither coerced nor compelled by petitioner and
Delgado to work as GROs in - Bar and were not forced to dance or to
entertain customers. According to the RTC, private complainants
themselves voluntarily approached petitioner and applied for a job as GR
Os, and they lied about their ages so that petitioner may hire them.
• OSG filed a petition for certiorari under Rule 65 to the CA
• CA granted the petition and reversed the decision (acquittal)
• Supreme Court under Petition for Review on Certiorari Rule 45
CAN AN ACQUITTED
ACCUSED BE SUBJECT
OF AN APPEAL?
ISSUE
After a judicious review of
the case, the Court finds
the petition meritorious.
Article III of the 1987
Constitution provides:
• Section 21. No person shall be twice put in
jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.
