In some graft cases before the Sandiganbayan, is it easier for an accused to seek a plea bargaining and plead guilty to a lesser offense, pay the fine if found guilty, and settle the cost of the civil liability instead of undergoing rigorous trial?

While plea bargaining is not a constitutional right of an accused in a criminal case, it can be resorted to with the consent of the offended party and the prosecution, and with the approval of the court.

Plea bargaining paid well in the case of Emerson Dave A. Silutan, a former ex-officio member of the Sangguniang Panlalawigan of Davao del Norte as then president of the Federation of Sangguniang Kabataan in the province.

In March 2023, Silutan was charged with graft for allowing private individuals to use at 4 a.m. a provincial vehicle assigned to him. The vehicle, a pickup, was a total wreck when it met with an accident.

The prosecution said the accident resulted in P1.85 million in damages on the part of the provincial government.

Silutan pleaded “not guilty” when arraigned on a graft charge on Oct. 13, 2025 and the pre-trial started on Oct. 27, 2025.

On Jan. 27, 2026 in Davao City, the prosecution presented Davao del Norte Gov. Edwin I. Jubahib as its first witness.

After Jubahib’s testimony, Silutan manifested his intention to submit a proposal for plea bargaining. The court scheduled the next hearing on March 2, 2026.

In his motion to plea bargain filed online on Jan. 29, 2026, Silutan said he will plead guilty to a lesser offense of failure of an accountable officer to render accounts under Article 218 of the Revised Penal Code (RPC).

On Feb. 27, 2026, the prosecution agreed to Silutan’s motion to plea bargain.

The prosecution also sought the comment of Governor Jubahib who agreed to Silutan’s motion. Jubahib stressed that Silutan should pay the cost of damage in cash.

The prosecution then manifested to the Sandiganbayan that Silutan’s motion to plea bargain and the payment of the civil liability to the province of Davao del Norte “are legally tenable.”

It told the court that plea bargaining may still be entertained even after the pre-trial and during the trial proper of the case provided it has the consent of the prosecution and the offended party, in this case the provincial government of Davao del Norte.

On March 25, 2026, Silutan manifested the prosecution’s approval to the plea bargaining and his commitment to pay the actual damages amounting to P1.85 million.

Assisted by his counsel, Silutan withdrew his “not guilty” plea on the graft case and entered a “guilty plea” on the charge of failure of an accountable officer to render accounts under the RPC for which he was found guilty and ordered to pay a fine of P3,000.

The Sandiganbayan acknowledged Silutan’s payment of the P1.85 million civil liability as evidenced by an official receipt issued by Davao del Norte on March 31, 2026.

The anti-graft court ruled:

“Wherefore, in view of the foregoing, the Court finds accused EMERSON DAVE AQUINO SILUTAN GUILTY BEYOND REASONABLE DOUBT of Failure of Accountable Officer to Render Accounts, defined and penalized under Article 218 of the Revised Penal Code, and is hereby sentenced to pay a fine of Three Thousand Pesos (P3,000).

“Upon submission of the proof of payment of the fine, the Hold Departure Order (HDO) against accused Silutan issued by this Court in relation to this case shall be lifted, and the bond he posted for his temporary liberty during the pendency of the case shall be released, subject to the usual accounting and auditing procedures.”

The court’s decision, which was issued in open court last April 6, was written by First Division Chairperson and Associate Justice Maria Theresa V. Mendoza-Arcega with the concurrence of Associate Justices Bayani H. Jacinto and Juliet M. Manalo San Gaspar.