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People vs. Montierro y Ventocilla [CONCURRENCE AND DISSENT, LAZARO-JAVIER, J.]

[ G.R. No. 254564. July 26, 2022 ] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. ERICK MONTIERRO Y VENTOCILLA, RESPONDENT. [G.R. No. 254974] CYPHER BALDADERA Y PELAGIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [A.M. No. 21-07-16-SC] RE: LETTER OF THE PHILIPPINE JUDGES ASSOCIATION EXPRESSING ITS CONCERN OVER THE RAMIFICATIONS OF THE DECISIONS IN G.R. NO. 247575 AND G.R. NO. 250295 [A.M. No. 18-03-16-SC] RE: LETTER OF ASSOCIATE JUSTICE DIOSDADO M. PERALTA ON THE SUGGESTED PLEA BARGAINING FRAMEWORK SUBMITTED BY THE PHILIPPINE JUDGES ASSOCIATION

G.R. No. 254564 | 2022-07-26

CONCURRENCE AND DISSENT


LAZARO-JAVIER, J:

The Majority laid down the following Bench-and-Bar practice direction on plea bargaining:

1. Offers for plea bargaining must be initiated in writing by way of a formal written motion filed by the accused in court.

2. The lesser offense which the accused proposes to plead guilty to must necessarily be included in the offense charged.

3. In particular application to cases involving dangerous drugs, upon receipt of the proposal for plea bargaining that is compliant with the provisions of the Plea Bargaining Framework in Drugs Cases, the judge shall order that a drug dependency assessment be...