SENATOR TEOFISTO "TG" GUINGONA III
Sponsorship Speech
Committee Report No. 134
March 21, 2012

Mr.President, Colleagues, ladies and gentlemen, good morning.

Plea Bargaining is the process in criminal proceedings whereby the accused and the prosecution work out a mutually satisfactory disposition of the case, subject to court approval.

While plea bargaining is a procedural rule under the law, its purpose, application and implementation should not be exercised in a capricious, whimsical or arbitrary fashion. Instead, a plea bargaining agreement should ultimately redound to the benefit of the public.

Senate Bill No. 3148 or "An Act Providing for Rules on Plea Bargaining Agreement in Criminal Cases, Providing Penalties for Violation Thereof, and for Other Purposes" is a step that will ensure that the plea bargaining process will not be a means for injustice.

These are the salient features of the bill:

1. The accused may be allowed to plead guilty to a lesser offense which is necessarily included in the offense charged.

2. The consent of the offended party should be obtained in cases where there is no private party.

3. Full restitution of the property or public funds involved should be made.

Definition of a lesser offense which is necessarily included in the offense charged: A lesser offense which is necessarily included in the offense charged is:

• One that has some of the essential elements of the original offense charged;

• The lesser offense belongs to the same classification or title under the Revised Penal Code or the relevant special laws as the offense charged in the original information; and

• The penalty for the lesser offense shall not be more than 2 degrees lower than the imposable penalty for the offense charged.

Consent of the offended party:

In offenses charged where there is no private party, the consent of the following is necessary:

• The People of the Philippines as represented by the prosecution

• The Republic of the Philippines as represented by the Office of the Solicitor General

• The government agency responsible for the enforcement of the law violated or directly affected by the offense committed as represented by the Office of the Solicitor General.

• In cases of plunder and money laundering, the consent of the Ombudsman and the President are required.

Full restitution

Full restitution of the property or public funds should be made when the cases:

• Involve the recovery by or restitution to the offended party of property in crimes against property, and

• Those committed by public officers in relation to public funds such as, but not limited to, the crime of plunder, graft and corrupt practices, bribery and malversation.

As a last note, we should ensure that plea bargaining will not be exploited as a procedure of compromise for the convenience of the accused, but will be used for the paramount public interest of justice. We cannot have a repeat of the highly irregular plea bargaining deal for General Garcia.

Mr. President, ladies and gentlemen, I therefore seek for the urgent passage of this measure. Thank you and good morning.