Plea bargaining
Draft a plea bargaining proposal on the current rules.
A plea bargaining proposal is the accused’s written offer to plead guilty to a lesser offense necessarily included in the one charged. It is filed after the Information is in court — at arraignment, or after a plea of not guilty and before trial — and it takes effect only with the consent of the prosecutor and of any private offended party, and the court’s approval. It is not an initiatory pleading and not a civil motion, so it carries no verification, no certification against forum shopping, and no notice of hearing.
How to draft this
Four steps from a sentence to a Word file.
- 01
Describe the document in one sentence
Type what you need in plain language — "draft a plea bargaining proposal" plus the facts you already have. No template to hunt, no blank Word file to start from.
- 02
Generate the first draft
BatasDB matches the request to a plea bargaining proposal and writes it against the 7 required elements on this page, citing only authority retrieved from the library.
- 03
Fill the marked blanks
Names, dates, amounts and other facts you did not supply come back as marked blanks, counted at the top of the draft. Rewrite freely in the editor.
- 04
Export to Word or PDF
Export with the unfilled blanks highlighted. Editing, exporting and duplicating are free — only generating a new draft uses credits.
Drafted from
Rule 116, Sec. 2, Rules of Criminal Procedure (plea of guilty to a lesser offense necessarily included in the offense charged, with the consent of the offended party and the prosecutor and the approval of the trial court)
This is the retrieval hint BatasDB searches the library with, and the anchor for the checklist below. It is never emitted into your draft as a citation: the draft may cite only what retrieval actually returned, plus any provision you named yourself.
The checklist
What a plea bargaining proposal has to contain.
These are the elements BatasDB drafts against — injected into the generation itself, not checked afterwards. Where you have not supplied what an element needs, the draft leaves a marked blank instead of writing something plausible.
- 01
The offense charged
As the Information states it — its designation and the provision that defines it — with the criminal case number. The caption already carries the court, the People and the accused, so the body does not restate them.
- 02
Which accused is offering
By the name in the Information. Where several are charged and only some are offering, the proposal says who is and who is not. It never offers a plea for an accused you did not name.
- 03
The stage of the case
At arraignment, or after a plea of not guilty and before trial — in which case the body withdraws that plea. If you did not say which, it stays a blank; the draft assumes neither. If trial has begun, the draft says the timing is outside the window rather than praying that the plea be allowed anyway.
- 04
The lesser offense
Named only when you named it, and stated to be necessarily included in the offense charged. The draft never picks a lesser offense, a section or a quantity from memory, and in a dangerous-drugs prosecution it does not choose from the framework table.
- 05
The consents
That the plea needs the consent of the prosecutor and, where the offense has a private offended party, of that party, and the court’s approval. A consent is stated as given only when you said it was; otherwise each one is a blank. The prosecutor’s signature is never written in.
- 06
No amendment of the Information
A statement that none is sought. The draft does not pray that the Information be amended.
- 07
The prayer
That the proposal be noted and, on the consents stated and the court’s approval, that the accused be allowed to plead guilty to the lesser offense — and, where a plea of not guilty was entered, that its withdrawal be allowed. Not dismissal, not acquittal, and not a specific penalty you did not state.
Before it drafts
Drugs cases: the statutory ban is gone, and the test comes after
In a prosecution under the Comprehensive Dangerous Drugs Act the draft does not write that plea bargaining is prohibited, does not attach a drug-dependency test or make one a precondition to filing or approval — it is taken only after the court approves, to determine treatment or counselling — and does not treat an internal prosecution circular as the ceiling on what may be offered. The whole paragraph is omitted when the charge is not a drugs offense.
Not written by the AI
The formal parts are assembled, not generated.
The scaffolding a plea bargaining proposal needs is appended by the app from the rule that requires it. The drafting model does not write these and is explicitly told not to, so they cannot drift, be paraphrased, or come out subtly wrong.
- the criminal court caption — People of the Philippines against the accused, under a Criminal Case No.
- the prayer, "RESPECTFULLY SUBMITTED", and counsel’s signature block as counsel for the accused
- the accused’s conforme, under counsel’s signature
- copy furnished to the public prosecutor and, where the offense has one, the private offended party
What it leaves to you
The gaps are marked, not filled.
Facts you did not supply
Every name, date, amount, docket number and address you did not give comes out as a marked blank — [FACT NEEDED: …] — rather than as a plausible invention. They are counted at the top of the draft and highlighted in the Word and PDF exports.
Assertions it made on its own
A gate reads the drafted text for concrete assertions that trace back to nothing you said and nothing that was retrieved, and rewrites each as [CONFIRM: …] for you to check before you sign.
The judgment
Every draft carries a standing notice: AI-generated draft — review before filing or signing. Not legal advice. It is a first draft for a lawyer, not a filing-ready document.
FAQ
Plea Bargaining Proposal: questions lawyers ask.
- Is this a joint motion with the prosecutor?
- No. The scaffolding signs the accused and counsel for the accused. A joint motion or joint agreement is refused rather than drafted on this form, because it would invent the prosecutor’s joinder.
- Can the plea still be offered after trial has started?
- The second window — after a plea of not guilty — closes once trial begins. If you say trial has begun or the prosecution has rested, the draft says the timing is outside that window and does not pray that the plea be allowed anyway.
- Does the draft include a probation application?
- Only if you ask for it, and then it says probation is a separate application after conviction, not part of this plea.
- Does a bare "plea bargaining" request reach this form?
- No. A memorandum about the doctrine, a plea of guilty to the offense actually charged, and a joint motion are different documents. The form matches a proposal, offer or motion to plead guilty to a lesser offense.
Start from a draft that already read the rule.
Describe your plea bargaining proposal in a sentence, fill in what only you know, and export it to Word or PDF.
Uses 5 credits from your monthly allowance — editing and exporting are free. See plans →
Draft this document