Plea Of Guilty To A Lesser Offense
Plea of Guilty to Lesser Offense
Section 2.
Plea Bargaining
- It is a process whereby the accused, the offended party, and the prosecution work out a mutually satisfactory disposition of the case subject to the court’s 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.
It precludes the filing and prosecution of the offense originally charged in the information, except when the plea of guilty to a lesser offense is without the consent of the offended party and the prosecutor.
Plea to Lesser Offense During Arraignment
- During arraignment, the accused may enter a plea of guilty to a lesser offense PROVIDED there is consent of the offended party AND of the prosecutor to the plea of guilty to a lesser offense that is necessarily included in the offense charged.
Plea to Lesser Offense After Arraignment but Before Trial
- After arraignment but BEFORE trial, the accused may still be allowed to plead guilty to a lesser offense after withdrawing his previous plea of not guilty. No amendment to the complaint or information is necessary.
Plea to Lesser Offense After Trial has Begun
- After the prosecution has rested its case, a change of plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. The judge cannot on its own grant the change of plea.
Presence and Consent of the Offended Party
- The consent of the offended party is necessary before the accused may be allowed to plead guilty to a lesser offense. If the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information (No double jeopardy).
- If the offended party fails to appear during arraignment, the court may allow the accused to plead guilty to a lesser offense with the conformity of the trial prosecutor alone.
Plea to Lesser Offense During Arraignment
- During arraignment, the accused may enter a plea of guilty to a lesser offense PROVIDED there is consent of the offended party AND of the prosecutor to the plea of guilty to a lesser offense that is necessarily included in the offense charged.
Plea to Lesser Offense After Arraignment but Before Trial
- After arraignment but BEFORE trial, the accused may still be allowed to plead guilty to a lesser offense after withdrawing his previous plea of not guilty. No amendment to the complaint or information is necessary.
Plea to Lesser Offense After Trial has Begun
- After the prosecution has rested its case, a change of plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. The judge cannot on its own grant the change of plea.
Presence and Consent of the Offended Party
- The consent of the offended party is necessary before the accused may be allowed to plead guilty to a lesser offense. If the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information (No double jeopardy).
- If the offended party fails to appear during arraignment, the court may allow the accused to plead guilty to a lesser offense with the conformity of the trial prosecutor alone.
Bar Exam Question (2004)
Dangerous Drugs Act; Plea-Bargaining (2004)
MNO, who is 30 years old, was charged as a drug pusher under the Comprehensive Dangerous Drugs Act of 2002. During pre-trial, he offered to plead guilty to the lesser offense concerning use of dangerous drugs. Should the Judge allow MNO's plea to the lesser offense? Explain briefly.
Suggested Answer:
No, the Judge should not allow MNO's plea to a lesser offense, because plea-bargaining in prosecutions of drug-related cases is no longer allowed by Rep. Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, regardless of the imposable penalty.
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