Two Communist Party of the Philippines-New People’s Army (CPP-NPA) members who were arrested last year in possesion of firearms and explosives have been convicted by the Mindoro Oriental regional trial court (RTC).
The conviction of Arnulfo T. Aumentado and Mary Joyce T. Lizada was based on their plea bargaining agreement ironed out with the prosecution and granted by the trial court.
Plea bargaining is the process of pleading to a lesser offense for a lesser penalty. It should be initiated by the accused, with conformity by the prosecution, and approved by the court.
Aumentado and Lizada were arrested on April 26, 2023 by members of the Philippine Army (PA) in Barangay Santa Teresita in Mansalay, Oriental Mindoro. Seized from them during the arrest were a carbine rifle, an Intratec submachine gun, an improvised hand grenade, and two pieces of blasting caps.
In a statement, the Department of Justice (DOJ) said: "Initially, both accused pleaded not guilty to the charges of Illegal Possession of Improvised Explosive Devices and class-A light weapons, penalized under Section 3 of PD 1866, as amended by RA 9516, and Section 28(c), in relation to Section 3(t) and 28(e)(1), of RA 10591." The initial charges are non-bailable and carry heavier penalties.
“However, with the guidance of their legal counsel, both accused eventually entered into a plea-bargain agreement with the prosecution,” the DOJ said.
Due to the grant of plea bargaining motion, the DOJ said the RTC ordered the withdrawal of "previous pleas of Not Guilty to the two cases...."
Then the DOJ said both Aumentado and Lizada "pleaded guilty to the lesser offense of Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence…as well as to the lesser offense of Illegal Transfer/Registration of Firearms….”
In its orders, the DOJ said the RTC noted: “The private complainant, represented by Captain Beny T. Laiz of the 203rd Brigade of the Philippine Army, assisted by Atty. Mac Tommy D. Ariz from the Judge Advocate General Service (JAGS), gave his consent to both pleas. The prosecution, authorized in writing by Prosecutor General Benedicto A. Malcontento to enter plea bargaining agreement in the said criminal cases, expressed its conformity to the said pleas."
“The Court sentenced both Aumentado and Lizada to one year imprisonment for each crime,” the DOJ said.
It also said the RTC ruled that the period the accused have been detained “shall be credited...."
In the same orders, the court granted the request of the prosecution that Aumentado and Lizada be continuously detained at the PA's 203rd Brigade in Bansud, Oriental Mindoro.