G.R. No.

131144
Plea Bargaining

In what instance may accused be allowed to plea bargain after the prosecution rests?

A plea of guilty to a lesser offense after the prosecution rests is allowed only when the prosecution does
not have sufficient evidence to establish guilt of the crime charged. (People vs. Villarama, G.R. No.
99287, June 23, 1992)

What are the basic requisites upon which plea bargaining may be made?

Section 2, Rule 116 of the Rules of Court presents the basic requisites upon which plea
bargaining may be made, i.e.,

1. The plea of guilt should be to a lesser offense which is necessarily included in the offense
charged; and

2. It should be with the consent of the offended party and the prosecutor. The consent of the
offended party will not be required if said party, despite notice, fails to appear during the
arraignment. (Section 1[f], Rule 116)

Is the acceptance of an offer to plead guilty to a lesser offense demandable by the accused
as a matter of right?

The rules however use word may in the second sentence of Section 2, denoting an exercise of
discretion upon the trial court on whether to allow the accused to make such plea. Trial courts are
exhorted to keep in mind that a plea of guilty for a lighter offense than that actually charged is
not supposed to be allowed as a matter of bargaining or compromise for the convenience of the
accused. (Daan vs. Sandiganbayan)

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 vs. Villarama)