EN BANC
G.R. No. 241257, September 29, 2020
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BRENDO P. PAGAL, A.K.A. "DINDO," Accused-Appellant.
D E C I S I O N
GESMUNDO, J.:
"For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked."1This is an appeal from the Decision3 promulgated on May 8, 2018 by the Court of Appeals (CA) in CA-G.R. CR-HC No. 01521, which annulled and set aside the October 5, 2011 Order4 of the Regional Trial Court of Hilongos, Leyte, Branch 18 (RTC) that found Brendo P. Pagal (accused-appellant) guilty beyond reasonable doubt of murder solely based on his plea of guilty. Accused-appellant was sentenced to suffer the penalty of reclusion perpetua. On appeal, the CA did not rule on the merits of the case but remanded it to the RTC for further proceedings.
— Marcus Tullius Cicero
"In addition, the Court remains mindful of the fact that the State possesses vast powers and has immense resources at its disposal. Indeed, as the Court held in Secretary of Justice v. Lantion, the individual citizen is but a speck of particle or molecule vis-a-vis the vast and overwhelming powers of government and his only guarantee against oppression and tyranny are his fundamental liberties under the Bill of Rights which shield him in times of need."2
That on or about December 15, 2008, in Brgy. Esperanza, Matalom, Leyte, within the jurisdiction of this Honorable Court, the said accused, with intent to kill, did then and there, [willfully], unlawfully, feloniously, with treachery and taking advantage of superior strength, without any justifiable reason whatsoever, slabbed Selma Pagal, with a sharp bladed weapon, wounding her at the back penetrating the chest, thereby causing [her] direct and immediate death.During his arraignment on August 20, 2009, accused-appellant pleaded "guilty" to the crime charged. The RTC found the plea to be voluntary and with full understanding of its consequences. Thus, it directed the prosecution to present evidence to prove the guilt of accused-appellant and to determine the exact degree of his culpability in accordance with Section 3,6 Rule 1167 of the 2000 Revised Rules of Criminal Procedure (2000 Revised Rules).8
CONTRARY TO LAW.5
WHEREFORE, in view of the foregoing, accused BRENDO P. PAGAL alyas "DINDO" is hereby found GUILTY beyond reasonable doubt and sentenced to suffer the imprisonment of RECLUSION PERPETUA. And to pay the heirs of SELMA PAGAL P50,000.00 as indemnification and P50,000.00 as moral damages.Accused-appellant appealed the RTC Order to the CA and raised this singular error committed by the lower court, viz.:cralawred
In the service of his sentence, accused is hereby credited with the full time of his preventive imprisonment if he agreed to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, he will only be entitled to 4/5 of the same.
SO ORDERED.28
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIME CHARGED SOLELY ON THE BASIS OF THE LATTER'S PLEA OF GUILT AND DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.29
SECTION 13. Certification or Appeal of Cases to Supreme Court. —Here, the CA Decision annulled and set aside the RTC conviction and ordered the remand of the case to the RTC for further proceedings. Notably, the assailed CA Decision did not affirm the conviction or the penalty imposed by the RTC. Thus, Sec. 13(c), Rule 124 is not applicable to the case at bench.
x x x x
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.
SECTION 3. Plea of guilty to capital offense; reception of evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and [shall] require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.Interestingly, the rule encapsulated in Sec. 3, Rule 116 was not the rule prior to the advent of the 1985 Rules on Criminal Procedure. The evolution of the rule reveals a dichotomy which the Court now addresses. The development of the rule, as well as jurisprudence, dictates a just resolution of the case.
The pleas of "guilty" and "not guilty" as accepted in American law were unknown to the Spanish law. Under the Spanish law there was what was called "judicial confession," whereby the accused admitted the commission of the act alleged in the complaint, but by so doing the defendant did not attempt to characterize the act as criminal, as is the case with a defendant who pleads "guilty" under American law. It also appears that there are no words in the Tagalog or Visayan dialects which can express exactly the idea conveyed by the English word "guilty." In a case of homicide, for instance, when the question is put to the defendant in either of these two dialects as to whether he is guilty or not guilty, he is asked whether he killed the deceased or not. If he answers that he did kill the deceased, he merely admits that he committed the material act which caused the death of the deceased. He does not, however, understand it to be an admission on his part that he has no defense and must be punished. The case at bar serves to illustrate this fact. Under these circumstances, we are of opinion that the trial judge should freely exercise his discretion in allowing the plea of "guilty" to be withdrawn; indeed, he must, on his own motion, order that it be withdrawn if, in his opinion, the accused does not fully realize the probable effect of his admission.42Again, in the 1917 case of U.S. v. Jamad (Jamad),43 this Court noted that "[notwithstanding the plea of 'guilty,' several witnesses were examined, under the well-settled practice in this jurisdiction which contemplates the taking of additional evidence in cases wherein pleas of 'guilty' are entered to complaints or information charging grave crimes, and more especially crimes for which the prescribed penalty is death."44 Hence, the following guidelines were adopted:
(1) The essence of the plea of guilty in a criminal trial is that the accused, on arraignment, admits his guilt freely, voluntarily, and with full knowledge of the consequences and meaning of his act, and with a clear understanding of the precise nature of the crime or crimes charged in the complaint or information.From the foregoing, it is evident that this jurisdiction places a premium on ensuring that an accused pleading guilty to a grave crime understands his plea and the possible consequences thereof. Further, this Court expressly recognized the wisdom in receiving evidence in such cases despite the fact that Sec. 3146 of General Order No. 5847 contemplated the reception of evidence only in cases where a plea of not guilty has been entered.
(2) Such a plea of guilty, when formally entered on arraignment, is sufficient to sustain a conviction of any offense charged in the information, even a capital offense, without the introduction of further evidence, the defendant having himself supplied the necessary proof.
(3) There is nothing in the law in this jurisdiction which forbids the introduction of evidence as to the guilt of the accused, and the circumstances attendant upon the commission of the crime, after the entry of a plea of "guilty."
(4) Having in mind the danger of the entry of improvident pleas of "guilty" in criminal cases, the prudent and advisable course, especially in cases wherein grave crimes are charged, is to take additional evidence as to the guilt of the accused and the circumstances attendant upon the commission of the crime.
(5) The better practice would indicate that, when practicable, such additional evidence should be sufficient to sustain a judgment of conviction independently of the plea of guilty, or at least to leave no room for reasonable doubt in the mind of either the trial or the appellate court as to the possibility of a misunderstanding on the part of the accused as to the precise nature of the charges to which he pleaded guilty.
(6) Notwithstanding what has been said, it lies in the sound judicial discretion of the trial judge whether he will take evidence or not in any case wherein he is satisfied that a plea of "guilty" has been entered by the accused, with full knowledge of the meaning and consequences of his act.
(7) But in the event that no evidence is taken, this court, if called upon to review the proceedings had in the court below, may reverse and send back for a new trial, if, on the whole record, a reasonable doubt arises as to whether the accused did in fact enter the plea of "guilty" with full knowledge of the meaning and consequences of the act.45
SECTION 5. Plea of Guilty — Determination of Punishment. — Where the defendant pleads guilty to a complaint or information, if the court accepts the plea and has discretion as to the punishment for the offense, it may hear witnesses to determine what punishment shall be imposed.50The 1964 version of the Rules of Court reproduced this section verbatim.51 Thus, when an accused pleads guilty to a capital offense, the court may hear witnesses for purposes of determining the punishment to be imposed; the guilt of the accused was a forgone conclusion. The rule seemed to institutionalize Jamad as shown by the discretionary nature of the hearing.
"x x x the essence of the plea of guilty in a criminal trial is that the accused, on arraignment, admits his guilt freely, voluntarily and with full knowledge of the consequences and meaning of his act, and with a clear understanding of the precise nature of the crime charged in the information; that when formally entered, such a plea is sufficient to sustain a conviction of any offense charged in the information, even a capital offense, without the introduction of further evidence, the defendant having himself supplied the necessary proof; and that while it may be prudent and advisable in some cases, especially where grave crimes are charged, to take additional evidence as to the guilt of the accused and the circumstances attendant upon the commission of the crime nevertheless it lies in the sound discretion of the court whether to take evidence or not in any case where it is satisfied that the plea of guilty has been entered by the accused with full knowledge of the meaning and consequences of his act. (citations omitted)"57Clearly, to this point, the reception of evidence when an accused pleads guilty depended on the sound discretion of the trial court.
SECTION 3. Plea of Guilty to Capital Offense; Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf. (5a, R-118)The 2000 Revised Rules retained the salient points of the 1985 amendment. Hence, at present, the three (3)-fold duty of the trial court in instances where the accused pleads guilty to a capital offense is as follows: (1) conduct a searching inquiry, (2) require the prosecution to prove the accused's guilt and precise degree of culpability, and (3) allow the accused to present evidence on his behalf.
Section 5, Rule 118 of the old Rules of Court provides that "Where the defendant pleads guilty to a complaint or information, if the trial court accepts the plea and has discretion as to the punishment for the offense, it may hear witnesses to determine what punishments shall be imposed." The trial court in a criminal case may sentence a defendant who pleads guilty to the offense charged in the information, without the necessity of taking testimony. (US v. Talbanos, 6 Phil. 541). Yet, it is advisable for the trial court to call witnesses for the purpose of establishing the guilt and the degree of culpability of the defendant. (People vs. Comendador, supra) The present Revised Rules of Court, however, decrees that where the accused pleads guilty to a capital offense, it is now mandatory for the court to require the prosecution to prove the guilt of the accused and his precise degree of culpability, with the accused being likewise entitled to present evidence to prove, inter alia, mitigating circumstances (See People vs. Camay, 152 SCRA 401; Section 3, Rule 116 of Rules of Court).60 (emphasis supplied)It is equally important to note that the 1985 Rules retained the directive that the reception of evidence in cases where the accused pleads guilty to a non-capital offense is discretionary on the part of the trial court.
(1) to conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea of guilt,Gambao also explained the rationale for these duties, thus:cralawred
(2) to require the prosecution to still prove the guilt of the accused and the precise degree of his culpability, and
(3) to inquire whether or not the accused wishes to present evidence in his behalf and allow him to do so if he desires.63
Courts must proceed with more care where the possible punishment is in its severest form, namely death, for the reason that the execution of such a sentence is irreversible. The primordial purpose is to avoid improvident pleas of guilt on the part of an accused where grave crimes are involved since he might be admitting his guilt before the court and thus forfeiting his life and liberty without having fully understood the meaning, significance and consequence of his plea. Moreover, the requirement of taking further evidence would aid this Court on appellate review in determining the propriety or impropriety of the plea.64 (emphasis supplied)For a better understanding of these duties, a closer look is in order.
Although there is no definite and concrete rule as to how a trial judge must conduct a "searching inquiry," we have held that the following guidelines should be observed:Corollary to this duty, a plea of guilty to a capital offense without the benefit of a searching inquiry or an ineffectual inquiry, as required by Sec. 3, Rule 116 of the 2000 Revised Rules, results to an improvident plea of guilty. It has even been held that the failure of the court to inquire into whether the accused knows the crime with which he is charged and to fully explain to him the elements of the crime constitutes a violation of the accused's fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.72
- Ascertain from the accused himself
- how he was brought into the custody of the law;
- whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and
- under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.
- Ask the defense counsel a series of questions as to whether he had conferred with, and completely explained to, the accused the meaning and consequences of a plea of guilty.
- Elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed plea of guilty.
- Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. For not infrequently, an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is the duty of the judge to ensure that the accused does not labor under these mistaken impressions because a plea of guilty carries with it not only the admission of authorship of the crime proper but also of the aggravating circumstances attending it, that increase punishment.
- Inquire if the accused knows the crime with which he is charged and fully explain to him the elements of the crime which is the basis of his indictment. Failure of the court to do so would constitute a violation of his fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.
- All questions posed to the accused should be in a language known and understood by the latter.
- The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.71
Henceforth, to protect the constitutional right to due process of every accused in a capital offense and to avoid any confusion about the proper steps to be taken when a trial court comes face to face with an accused or his counsel who wants to waive his client's right to present evidence and be heard, it shall be the unequivocal duty of the trial court to observe, as a prerequisite to the validity of such waiver, a procedure akin to a "searching inquiry" as specified in People v. Aranzado when an accused pleads guilty, particularly —The RTC failed to comply with the
1. The trial court shall hear both the prosecution and the accused with their respective counsel on the desire or manifestation of the accused to waive the right to present evidence and be heard.
2. The trial court shall ensure the attendance of the prosecution and especially the accused with their respective counsel in the hearing which must be recorded. Their presence must be duly entered in the minutes of the proceedings.
3. During the hearing, it shall be the task of the trial court to —a. ask the defense counsel a series of question to determine whether he had conferred with and completely explained to the accused that he had the right to present evidence and be heard as well as its meaning and consequences, together with the significance and outcome of the waiver of such right. If the lawyer for the accused has not done so, the trial court shall give the latter enough time to fulfill this professional obligation.In passing, trial courts may also abide by the foregoing procedure even when the waiver of the right to be present and be heard is made in criminal cases involving non-capital offenses. After all, in whatever action or forum the accused is situated, the waiver that he makes if it is to be binding and effective must still be exhibited in the case records to have been validly undertaken, that is, it was done voluntarily, knowingly and intelligently with sufficient awareness of the relevant circumstances and likely consequences. As a matter of good court practice, the trial court would have to rely upon the most convenient, if not primary, evidence of the validity of the waiver which would amount to the same thing as showing its adherence to the step-by-step process outlined above.
b. inquire from the defense counsel with conformity of the accused whether he wants to present evidence or submit a memorandum elucidating on the contradictions and insufficiency of the prosecution evidence, if any, or in default theory, file a demurrer to evidence with prior leave of court, if he so believes that the prosecution evidence is so weak that it need not even be rebutted. If there is a desire to do so, the trial court shall give the defense enough time to this purpose.
c. elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed waiver.
d. all questions posed to the accused should be in a language known and understood by the latter, hence, the record must state the language used for this purpose as well as reflect the corresponding translation thereof in English.
Clearly, the rationale behind the foregoing requirements is that courts must proceed with more care where the possible punishment is in its severest form, namely death, for the reason that the execution of such a sentence in irrevocable and experience has shown that innocent persons have at times thrown caution to the wind and given up defending themselves out of ignorance or desperation. Moreover, the necessity of taking further evidence would aid this Court in determining on appellate review the proprietary or impropriety of the waiver.76 (emphasis supplied, citations omitted)
Over the years and through numerous cases, this Court has adopted an exception to the erstwhile rule enunciating that there is no need to prove the presence of aggravating circumstances alleged in an information or complaint when the accused pleads guilty to the charge. Our rulings regarding this principle were expressed more or less in this wise:cralawredThus, the plea of guilty of an accused cannot stand in place of the evidence that must be presented and is called for by Sec. 3 of Rule 116. Trial courts should no longer assume that a plea of guilty includes an admission of the attending circumstances alleged in the information as they are now required to demand that the prosecution prove the exact liability of the accused. The requirements of Sec. 3 would become idle and fruitless if we were to allow conclusions of criminal liability and aggravating circumstances on the dubious strength of a presumptive rule.83Having pleaded guilty to the information, these aggravating circumstances were deemed fully established, for the plea of guilty to the information covers both the crime as well as its attendant circumstances qualifying and/or aggravating the crime.We are not, however, concerned here merely with the doctrine itself but more specifically with the consequences thereof. Thus, in People vs. Rapirap, it was formerly explained that the subject doctrine has the following effects:cralawredA plea of guilty does not merely join the issues of the complaint or information, but amounts to an admission of guilt and of the material facts alleged in the complaint or information and in this sense takes the place of the trial itself. Such plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision. It leaves the court with no alternative but to impose the penalty prescribed by law.Then, in People vs. Lambino, we prevented the accused in criminal actions from contradicting the outcome of his admission, with our holding that by the plea of guilty, the accused admits all the facts alleged in the information and, by that plea, he is precluded from showing that he has not committed them.
People vs. Yamson, et al. thereafter expanded the application of the doctrine to both capital and non-capital cases:cralawredA plea of guilty is an admission of all the material facts alleged in the complaint or information. A plea of guilty when formally entered in arraignment is sufficient to sustain a conviction for any offense charged in the information, without the necessity of requiring additional evidence, since by so pleading, the defendant himself has supplied the necessary proof. It matters not even if the offense is capital for the admission (plea of guilty) covers both the crime as well as its attendant circumstances.Finally, People vs. Apduhan, Jr. cited by some of the cases relied upon by the lower court, declared that —While an unqualified plea of guilty is mitigating, it at the same time constitutes an admission of all material facts alleged in the information, including the aggravating circumstance therein recited, x x x The prosecution does not need to prove the three aggravating circumstances (all alleged in the second amended information) since the accused, by his plea of guilty, has supplied the requisite proof.With the foregoing presentation, the trial court must have believed that it had acted correctly in presuming the existence of evident premeditation based on appellant's plea of guilty without any proof being presented to establish such aggravating circumstance. However, the developmental growth of our procedural rules did not stop there. With the advent of the revised Rules on Criminal Procedure on January 1, 1985, a new rule, specifically mandating the course that trial courts should follow in capital cases where the accused pleads guilty, was introduced into our remedial law with this provision:cralawredSEC. 3. Plea of guilty to capital offense; reception of evidence — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf.We expounded on this in People vs. Camay with this explanation:cralawredUnder the new formulation, three (3) things are enjoined of the trial court after a plea of guilty to a capital offense has been entered by the accused: 1. The court must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea; 2. The court must require the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability; and 3. The court must ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires.The presentation of evidence is required in order to preclude any room for reasonable doubt in the mind of the trial court, or the Supreme Court on review, as to the possibility that there might have been some misunderstanding on the part of the accused as to the nature of the charge to which he pleaded guilty, and to ascertain the circumstances attendant to the commission of the crime which justify or require the exercise of a greater or lesser degree of severity in the imposition of the prescribed penalty.
The amended rule is a capsulization of the provisions of the old rule and pertinent jurisprudence. We had several occasions to issue the caveat that even if the trial court is satisfied that the plea of guilty was entered with full knowledge of its meaning and consequences, the Court must still require the introduction of evidence for the purpose of establishing the guilt and degree of culpability of the defendant. This is the proper norm to be followed not only to satisfy the trial judge but also to aid the Court in determining whether or not the accused really and truly comprehended the meaning, full significance and consequences of his plea.
To emphasize its importance this Court held in People vs. Dayot that the rule in Section 3, Rule 116 is mandatory, and issued the warning that any judge who fails to observe its command commits a grave abuse of discretion.
This Court has come a long way in adopting a mandatory rule with regard to the presentation of evidence in capital cases where the accused pleads guilty to the criminal charge. From granting trial courts in the
earlier Rules of Court sufficient discretion in requiring evidence whenever guilt is admitted by the accused, the Court has now made it mandatory on the part of the lower courts to compel the presentation of evidence and make sure that the accused fully comprehends the nature and consequences of his plea of guilty.82 (citations omitted)
As in the case of an improvident plea of guilty, an invalid waiver of the right to present evidence and be heard per se does not work to vacate a finding of guilt in the criminal case and enforce an automatic remand thereof to the trial court. In People v. Molina, to warrant the remand of the case it must also be proved that as a result of such irregularity there was inadequate representation of facts by either the prosecution or the defense during the trial —Accordingly, this Court has sustained convictions85 involving improvident pleas of guilt because, in any case, the sentence of conviction is supported by proof beyond reasonable doubt independent of the accused's plea of guilty.In People v. Abapo we found that undue reliance upon an invalid plea of guilty prevented the prosecution from fully presenting its evidence, and thus remanded the criminal case for further proceedings. Similarly in People v. Durango where an improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all being played by the defense, we ruled that this procedure was "just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life" and so threw back the criminal case to the trial court for appropriate action. Verily the relevant matter that justifies the remand of the criminal case to the trial court is the procedural unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by xxx the "attendant circumstances."Conversely, where facts are adequately represented in the criminal case and no procedural unfairness or irregularity has prejudiced either the prosecution or the defense as a result of the invalid waiver, the rule is that the guilty verdict may nevertheless be upheld where the judgment is supported beyond reasonable doubt by the evidence on record. Verily, in such a case, it would be a useless ritual to return the case to the trial court for further proceedings.84 (emphases supplied)
Given the unchanging state of the three-tiered requisites in Section 3, Rule 116, there is, indeed, no justification for the trial court's failure to observe them.Parenthetically, it is a mistake to assume that an invalid arraignment automatically results to a remand of the case. In People v. Ong (Ong),89 the Court decided the case on its merits despite a determination of an invalid arraignment.
Thus, we purge the decision under review of its errors and remand the case to the trial court for further re-arraignment, a more incisive searching inquiry and the reception of evidence for the prosecution and the defense, if the latter so desires, in accordance with the foregoing guideposts.88 (citation omitted)
We are not unmindful of the rulings of this Court to the effect that the manner by which the plea of guilt was made, whether improvidently or not, loses its legal significance where the conviction is based on the evidence proving the commission by the accused of the offense charged. However, after a careful examination of the records of this case, we find that the improvident plea of guilt of the accused-appellant has affected the manner by which the prosecution conducted its presentation of the evidence. The presentation of the prosecution's case was lacking in assiduity and was not characterized with the meticulous attention to details that is necessarily expected in a prosecution for a capital offense. The state prosecutor in his examination of the victim was evidently concerned only with proving the respective dates of the commission of the repeated rapes, and did not attempt to elicit details about the commission of each rape that would satisfy the requirements for establishing proof beyond reasonable doubt that the offenses charged have in fact been committed by the accused. It is clear to our mind that the prosecution did not discharge its obligation as seriously as it would have had there been no plea of guilt on the part of the accused, x x x[.]91 (citation omitted)The Court repeated the rule in People v. Molina (Molina)92 when it held that:cralawred
It is also urged in the Brief for the Appellant that an improvident plea of guilty per se results in the remand of the criminal case(s) to the trial court for the re-arraignment of accused-appellant and for further proceedings. We hold that this argument does not accurately reflect the standing principle. Our jurisdiction does not subscribe to a per se rule that once a plea of guilty is deemed improvidently made that the accused-appellant is at once entitled to a remand. To warrant a remand of the criminal case, it must also be proved that as a result of such irregularity there was inadequate representation of facts by either the prosecution or the defense during the trial. In People v. Abapo, we found that undue reliance upon an invalid plea of guilty prevented the prosecution from fully presenting its evidence, and thus remanded the criminal case for further proceedings. Similarly in People v. Durango where an improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all being played by the defense, we ruled that this procedure was "just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life" and so threw back the criminal case to the trial court for appropriate action. Verily the relevant matter that justifies the remand of the criminal case to the trial court is the procedural unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilty, or what People v. Tizon, encapsulizes as the "attendant circumstances."93 (citations omitted, emphasis supplied)Here, the Court cannot sustain the conviction as there is nothing in the records that would show the guilt of accused-appellant. Neither is it just to remand the case. This is not a situation where the prosecution was wholly deprived of the opportunity to perform its duties under the 2000 Revised Rules to warrant a remand. In this case, the prosecution was already given reasonable opportunity to prove its case against accused-appellant. Regrettably, the State squandered its chances to the detriment of accused-appellant. If anything, the State, given its vast resources and awesome powers, cannot be allowed to vex an accused with criminal prosecution more than once. The State should, first and foremost, exercise fairness.
Sec. 11, Rule 119 of the 2000 Revised Rules provides:By submitting the case for decision, the prosecution impliedly declared that it is ready for the trial court to render its decision on the basis of the offered evidence. It must be stressed that the submission of the case for resolution did not originate from the trial court judge. It was on motion of both parties that the case be submitted. It is evident that the prosecution was not prevented from presenting its evidence as to accused-appellant's guilt and degree of culpability; rather, it appears that the prosecution merely chose not to pursue the same. No one prevented the prosecution from asking for more time to present its evidence; it was free to do so. However, when it chose to submit the case for decision, the State should have been ready for the consequences of its actions.
SECTION 11. Order of Trial. — The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. (3a) (emphasis supplied)
In its August 20, 2009 Order, the RTC, in specific recognition of the duties imposed by Sec. 3 of Rule 116, stated that "WHEREFORE, premise considered and in consonance to the rules as to the plea of guilty to the capital offense, let the trial and presentation of first prosecution witness to determine the culpability of the accused on May 5, 2010 at 8:30 o'clock in the morning session of this Court." On February 24, 2010, it issued a subpoena to Angelito Pagal, Cesar Jarden, and Emelita Calupas to appear and testify before it on the said date.Based on the foregoing, in no manner can it be concluded that the trial court did not oblige the prosecution to present its evidence or exert efforts to secure the presence of the four (4) prosecution witnesses. It is worthy to note that one of the prosecution witnesses, Dr. Radegunda Uy, appears to be a third party. The failure of the prosecution to present her as a witness, despite the numerous subpoenas issued and which she duly received, is telling.
On November 22, 2010, the RTC issued another subpoena directed to Angelito Pagal to appear before it on February 22, 2011 at 8:30 in the morning. This was received by a certain Malima Pagal and Angelito Pagal on December 15, 2010. On January 12, 2011, Subpoena/Warrant Server SPO1 Antonino R. Cabal PNP certified that the subpoena was duly served and received.
In the February 22, 2011 Order, the RTC noted that "[s]upposed witness is Angelito P. Pagal who was subpoenaed by this court and properly served upon his person. However, his absence is very conspicuous to this court. The prosecution is so desirous to present prosecution witnesses to determine the culpability of the accused who readily pleaded guilty to the crime charged, requested that other witnesses be subpoenaed for them to testify in court in the event that Angelito Pagal could not come to court on the next setting." It then set the trial and presentation of any prosecution witness on May 11, 2011 at 8:30 in the morning. It ordered a repeat subpoena be issued to Angelito Pagal, Cesar G. Jarden and Jaimelito Calupas.
The repeat subpoena was issued to said prosecution witnesses on March 4, 2011. Included in the subpoena was Dr. Radegunda Uy, RHU, LGU, Matalom, Leyte. This was duly received by all four (4) subpoenaed witnesses as indicated in the receiving copy. On April 11, 2011, Subpoena/Warrant Server SPO1 Antonino R. Cabal PNP certified that the subpoena was duly served and received by all four subpoenaed witnesses.
In its May 11, 2011 Order, the RTC once more noted that "[t]he prosecution is serious enough to prove the degree of culpability of the accused Brendo Pagal who pleaded guilty to the crime charged of murder but for several times there were absences made by the prosecution witness despite proper service of subpoena or notices. The prosecution on this situation requested for a resetting and in the event no prosecution witness would appear and testify, this case is submitted to the x x x discretion of this court inviting the degree of culpability." The RTC then set the trial and presentation of prosecution witness on July 20, 2011 at 8:30 o'clock in the morning. It sent another repeat subpoena to Angelito Pagal, Cesar Jarden, and Dr. Radegunda Uy. On June 8, 2011, the RTC issued the repeat subpoena to said three witnesses and also included Jaimelito Calupas therein. This was received by Angelito Pagal, Elesia Jarden on behalf of Cesar Jarden, "Teresita" Calopay on behalf of Jaimelito Calupas, and by Dr. Radegunda Uy as shown by the receiving copy.
In its July 20, 2011 Order, the RTC stated that "[t]he prosecution after having exerted its effort to present any prosecution witness in determining the degree of culpability of the accused who pleaded guilty to the crime charged, has no one to be presented. On this matter, the prosecution now submitted the case for decision and as joined by the defense who has also no witness to be presented." (citations omitted)
xxx. First, the prosecution failed to lay the proper foundation for the introduction of the alleged handwritten letter of accused-appellant acknowledging his guilt for the rape of his daughter. This could very well be attributed to the fact that this letter was introduced only after accused-appellant pleaded guilty to the accusations for which reason the prosecution no longer endeavored to elicit the proper foundation for this evidence.It is apparent from the foregoing that the Court, in Molina, harbored serious doubts as to the guilt of therein accused on the basis of the evidence presented during trial proper, as well as the kind of protection extended by the defense counsel. The specific instances it cited to support its conclusion that the prosecution and the defense unduly relied on the plea of guilt is undeniable.
x x x x
Second, the presentation of the prosecution's case was lacking in assiduity and was not characterized with the meticulous attention to details that is necessarily expected in a prosecution for a capital offense. In his examination of Brenda after accused-appellant pleaded guilty, the public prosecutor was evidently concerned with abbreviating the proceedings as shown by his failure to clarify such ambiguous statements as "he repeated to me what he had done to me" when previously he pursued such ambiguities to their clear intended meanings. It is clear to our mind that the prosecution did not discharge its obligation as seriously as it should have had, had there been no plea of guilt on the part of the accused.
x x x x
Third, the prosecution could very well clarify why on 1 March 1999 after accused-appellant's wife saw him and Brenda sleeping side by side and after she confronted his husband about it and was told by her daughter that "if I will tell it to you, my father will kill us," accused-appellant was still allegedly able to attempt a rape on his daughter on the same date. It is our understanding of the behavior of gutter criminals that with the confrontation between him and his wife, he would have laid low a while even for just that day. The prosecution may want to elucidate on this seemingly unnatural behavior.
Fourth, neither the defense nor the prosecution elicited from the private complainant whether the accusations for incestuous rape and attempted rape were in a manner colored by the seething allegations in the transcript of stenographic notes that accused-appellant was a violent person towards his family, most especially his wife who is Brenda's mother. This Court would want to know for sure that these criminal cases under review are not merciless equivalents of the alleged violence done by accused-appellant. Our endeavor is to try the case on the facts and not upon the supposedly despicable character of the man.
Fifth, the improvident plea appears to have sent the wrong signal to the defense that proceedings thereafter would be abbreviated. There was thus a perfunctory representation of accused-appellant as shown by (a) his counsel's failure to object to and correct the irregularities during his client's re-arraignment; (b) his failure to question the offer of the alleged letter wherein accused-appellant acknowledged his authorship of the dastardly crimes; (c) his failure to present evidence in behalf of accused-appellant or to so inform the latter of his right to adduce evidence whether in support of the guilty plea or in deviation therefrom; (d) his failure to object to his client's warrantless arrest and the designation of the crime in Crim. Case No. 99-02821-D as attempted rape when the evidence may appear not to warrant the same; and, (e) his failure to file a notice of appeal as regards Crim. Case No. 99-02821-D to the Court of Appeals for appropriate review. This Court perceives no reasonable basis for excusing these omissions as counsel's strategic decision in his handling of the case. Rather, they constitute inadequate representation that renders the result of the trial suspect or unreliable, and as we explained in People v. Durango, in violation of the right to counsel of accused-appellant
x x x x
The flawed re-arraignment of accused-appellant and the invalid admission of his supposed letter-admission were caused by the omission of minimal standards for a searching inquiry in the former and the admissibility of private documents in the latter. We cannot conceive any reasonable legal basis to explain the oversight to contest these errors.
x x x x
The accusation and conviction of accused-appellant for attempted rape in Crim. Case No. 99-02821-D were based on the testimony of Brenda that she was watching television when her father unexpectedly sat beside her, pushed her to the floor, went on top of her, and with their clothes on, wiggled his hips while drubbing his penis on her unexposed vagina. As she further testified, her friends suddenly called out her name from the house's frontage since they were supposed to attend a wake at a relative's house, and the unexpected visitors forced accused-appellant to stop his prurient motions. Considering these allegations, the defense could have plausibly argued accused-appellant's absence of intent to lie with the victim, or given accused-appellant's alleged willingness to plead guilty, at least conferred with the latter to inquire from him if he did have the intention then to have carnal knowledge of his daughter since the crime may constitute acts of lasciviousness and not the crime charged.
Still, as regards the conviction for attempted rape, this Court notes the conspicuous absence of a Notice of Appeal to the Court of Appeals for proper review. It was necessary to file such notice since the conviction does not fall under Sec. 17, par. (1), RA 296 (The Judiciary Act of 1948) as amended which outlines our jurisdiction over "[a]ll criminal cases involving offenses for which the penalty imposed is death or life imprisonment; and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion, as that giving rise to the more serious offense x x x."
x x x x
This omission is fatal since ordinarily the conviction for attempted rape would by now be already final and executory. No doubt this omission was caused by accused-appellant's improvident plea of guilty that led the public defender to simply shorten the proceedings. Given that the plea of guilty has been set aside, effective counseling would have nonetheless dictated the institution of at least a precautionary appeal to the appellate court if only to assure protection of his client's rights.
Sixth, for whatever reason, accused-appellant had not found a voice in the proceedings a quo. Oddly from the preliminary investigation to the promulgation of judgment his version was never heard of even if prior to his re-arraignment he appeared adamant at denying the crimes charged against him. This situation is lamentable since at the preliminary investigation of a criminal case the Constitution requires that an accused be informed of his right to counsel and provided with a lawyer if he cannot afford to hire one, and that a waiver of these rights requires the assistance of counsel.
While it is true that unrebutted evidence provides itself an effective corroboration, we cannot give credence to this rule given the circumstances under which such deficiency came about. For one, had the trial court correctly implemented the corresponding rules on plea of guilty, we may not be having this situation where only the private complainant was heard. The absence of the transcripts of stenographic notes of the arraignment proceedings already denies us "full opportunity to review the cases fairly and intelligently." After having set aside the plea of guilty, we could never be sure that accused-appellant would waive telling his version of the story, or that the facts would still be the same after we hear him say his side. Moreover, the sad fact of this omission is that obviously we could have learned more about the crimes alleged by the prosecution if accused- appellant had also participated meaningfully in all the proceedings below. His voice could better assure the fairness of any action for or against him. As in similar situations, we should achieve such comforting posture if the court a quo is required to establish with moral certainty the guilt of accused-appellant who allegedly wanted to confess his guilt by requiring him to narrate the incident or making him reenact it, or by causing him to furnish the missing details.
Lastly, the idea that in our midst runs a paucity of facts is substantiated by the assailed Decision of the trial court itself. It bewailed the sloppy pacing of the trial proper, but in coming up with the judgment of conviction barely summed up the testimony of the private complainant and other prosecution evidence. No reason is given why the trial court found the testimonies of the prosecution witnesses credible except for the bare statement that Brenda wept while on the witness stand and the inadmissible letter allegedly from accused-appellant admitting the charges against him. The assailed Judgment fails to state, in short, the factual and legal reasons on which the trial court based the conviction, contrary to Sec. 2 of Rule 120, 1985 Rules on Criminal Procedure. Thus even the Decision lacks the "assurance to the parties that, in reaching judgment, the judge did so through the processes of legal reasoning x x x a safeguard against the impetuosity of the judge, preventing him from deciding by ipse dixit."135 (emphases supplied)
The failure of the defense counsel to faithfully protect the rights of appellant also cannot go unnoticed. Records show that defense counsel Atty. Dante O. Garin, never cross-examined three of the four witnesses of the prosecution, namely Sancho Fereras, Ramon Saraos, and Dr. Ludivino Lagat. The only prosecution witness he cross-examined was SPO2 Nieves to whom he asked four questions pertaining only as to how the police came to the conclusion that the body parts belong to Paz Abiera. Apart from these, no other questions were ever offered.
There is also no record anywhere that the defense counsel presented evidence for the accused nor that the trial court even inform him of his right to do so if he so desires.
For these reasons, it cannot be said that the appellant's rights were observed in the proceedings a quo.
It is well established that the due process requirement is part of a person's basic rights and is not a mere formality that may be dispensed with or performed perfunctorily. An accused needs the aid of counsel lest he be the victim of overzealous prosecutors, of the law's complexity or of his own ignorance and bewilderment. Indeed, the right to counsel springs from the fundamental principle of due process. The right to counsel, however, means more than just the presence of a lawyer in the courtroom or the mere propounding of standard questions and objections. The right to counsel means that the accused is sufficiently accorded legal assistance extended by a counsel who commits himself to the cause for the defense and acts accordingly. This right necessitates an active involvement by the lawyer in the proceedings, particularly at the trial of the case, his bearing constantly in mind of the basic rights of the accused, his being well-versed on the case and his knowing the fundamental procedures, essential laws and existing jurisprudence. Indeed, the right of an accused to counsel finds meaning only in the performance by the lawyer of his sworn duty of fidelity to his client and an efficient and truly decisive legal assistance which is not just a simple perfunctory representation.
Atty. Garin, had the duty to defend his client and protect his rights, no matter how guilty or evil he perceives appellant to be. The performance of this duty was all the more imperative since the life of appellant hangs in the balance. As a defense counsel, he should have performed his duty with all the zeal and vigor at his command to protect and safeguard appellant's fundamental rights.
While our jurisdiction does not subscribe to a per se rule that once a plea of guilty is found improvidently he is at once entitled to a remand, the circumstances of this case warrant that a remand to the trial court be made. To warrant a remand of the criminal case, the Court has held that it must be shown that as a result of such irregularity there was inadequate representation of facts by either the prosecution or the defense during the trial. Where the improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all played by the defense, we have ruled that this procedure was just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life. What justifies the remand of the criminal case to the trial court is the unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilt. In this case, apart from the testimony of appellant, the prosecution does not have any other evidence to hold him liable for the crime charged."139 (citations omitted, emphasis supplied)All told, it is apparent that in Molina and Murillo, the evidence presented by the prosecution, uncontested and untested by the defense, could have resulted in the conviction of the accused therein. However, the failure of the defense to mount the proper legal defense on behalf of therein accused cast serious doubts on the evidence presented by the prosecution. Thus, the Court, in an effort to balance the interests of both the State and the victim, opted to remand the case in order to rid itself of any doubts as to the guilt of the therein accused.
The right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases. Such right to a speedy trial and a speedy disposition of a case is violated only when the proceeding is attended by vexatious, capricious and oppressive delays. The inquiry as to whether or not an accused has been denied such right is not susceptible by precise qualification. The concept of a speedy disposition is a relative term and must necessarily be a flexible concept.It is respectfully submitted that the resulting delay in the disposition of the instant case, if the proposal to remand is earned out, would be prejudicial to accused-appellant. As mentioned, accused-appellant was charged with murder in the year 2009. The incident involving the death of Selma occurred in 2008. He has been languishing in jail since 2009153 and he will continue to be incarcerated during the period of the re-trial. At this point in time, accused-appellant has been incarcerated for more or less eleven (11) years. To require that he undergo re-trial, when the failure of the prosecution to prove his guilt beyond reasonable doubt was through no fault of his, is unreasonably oppressive.
While justice is administered with dispatch, the essential ingredient is orderly, expeditious and not mere speed. It cannot be definitely said how long is too long in a system where justice is supposed to be swift, but deliberate. It is consistent with delays and depends upon circumstances. It secures rights to the accused, but it does not preclude the rights of public justice. Also, it must be borne in mind that the rights given to the accused by the Constitution and the Rules of Court are shields, not weapons; hence, courts are to give meaning to that intent.
A balancing test of applying societal interests and the rights of the accused necessarily compels the court to approach speedy trial cases on an ad hoc basis.
In determining whether the accused has been deprived of his right to a speedy disposition of the case and to a speedy trial, four factors must be considered: (a) length of delay; (b) the reason for the delay; (c) the defendant's assertion of his right; and (d) prejudice to the defendant. Prejudice should be assessed in the light of the interest of the defendant that the speedy trial was designed to protect, namely: to prevent oppressive pre-trial incarceration; to minimize anxiety and concerns of the accused to trial; and to limit the possibility that his defense will be impaired. Of these, the most serious is the last, because the inability of a defendant adequately to prepare his case skews the fairness of the entire system. There is also prejudice if the defense witnesses are unable to recall accurately the events of the distant past. Even if the accused is not imprisoned prior to trial, he is still disadvantaged by restraints on his liberty and by living under a cloud of anxiety, suspicion and often, hostility. His financial resources may be drained, his association is curtailed, and he is subjected to public obloquy.
Delay is a two-edge sword. It is the government that bears the burden of proving its case beyond reasonable doubt. The passage of time may make it difficult or impossible for the government to carry its burden. The Constitution and the Rules do not require impossibilities or extraordinary efforts, diligence or exertion from courts or the prosecutor, nor contemplate that such right shall deprive the State of a reasonable opportunity of fairly prosecuting criminals. As held in Williams v. United Stales, for the government to sustain its right to try the accused despite a delay, it must show two things: (a) that the accused suffered no serious prejudice beyond that which ensued from the ordinary and inevitable delay; and (b) that there was no more delay than is reasonably attributable to the ordinary processes of justice.152 (citations omitted, emphases supplied)
A proposal has been expressed for the remand of this case to the trial court for further proceedings, apparently to enable the prosecution to prove again what it failed to prove in the first instance. We cannot agree because it will set a dangerous precedent. Aside from its being unprocedural, it would open the floodgates to endless litigations because whenever an accused is on the brink of acquittal after trial, and realizing its inadequacy, the prosecution would insist to be allowed to augment its evidence which should have been presented much earlier. This is a criminal prosecution, and to order the remand of this case to the court a quo to enable the prosecution to present additional evidence would violate the constitutional right of the accused to due process, and to speedy determination of his case. The lamentable failure of the prosecution to fill the vital gaps in its evidence, while prejudicial to the State and the private offended party, should not be treated by this Court with indulgence, to the extent of affording the prosecution a fresh opportunity to refurbish its evidence.While Monje admittedly did not involve a plea of guilty, improvident or not, the Court's aforequoted statement equally applies in the case at bar for the simple reason that, with the advent of the 1985 Rules which introduced Sec. 3 of Rule 116, the plea entered by an accused in criminal cases involving a capital offense is negligible. It is as if he entered a plea of not guilty. His guilt must be proven beyond reasonable doubt. Absent such proof, he must be acquitted as is necessitated by due process.
In fine, we are not unmindful of the gravity of the crime charged; but justice must be dispensed with an even hand. Regardless of how much we want to punish the perpetrators of this ghastly crime and give justice to the victim and her family, the protection provided by the Bill of Rights is bestowed upon all individuals, without exception, regardless of race, color, creed, gender or political persuasion — whether privileged or less privileged — to be invoked without fear or favor. Hence, the accused deserves no less than an acquittal; ergo, he is not called upon to disprove what the prosecution has not proved.156 (emphases supplied)
WHEREFORE, in view of the foregoing, accused BRENDO P. PAGAL alyas "DINDO" is hereby found GUILTY beyond reasonable doubt and sentenced to suffer the imprisonment of RECLUSION PERPETUA. And to pay the heirs of SELMA PAGAL [P]50,000.00 as indemnification and [P] 50,000.00 as moral damages.In Velarde v. Social Justice Society,160 the Court stated the essential elements of a good decision. Particularly, "[i]n a criminal case, the disposition should include a finding of innocence or guilt, the specific crime committed, the penalty imposed, the participation of the accused, the modifying circumstances if any, and the civil liability and costs. In case an acquittal is decreed, the court must order the immediate release of the accused if detained, unless he/she is being held for another cause, and order the director of the Bureau of Corrections (or wherever the accused is detained) to report, within a maximum of ten (10) days from notice, the exact date when the accused were set free."161
In the service of his sentence[,] accused is hereby credited with the full time of his preventive imprisonment if he agreed to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, he will only be entitled to 4/5 of the same.
SO ORDERED.159
WHEREFORE, the Court GRANTS the appeal; REVERSES and SETS ASIDE the May 8, 2018 Decision of the Court of Appeals in CA-G.R. CR-HC No. 01521; ACQUITS accussed-appellant Brendo P. Pagal a.k.a. "Dindo" of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, for failure to prove his guilt beyond reasonable doubt; and ORDERS his IMMEDIATE RELEASE from detention unless he is confined for another lawful cause.
Let a copy of this Decision be furnished the Penal Superintendent, Leyte Penal Colony for immediate implementation and he is ORDERED to report the action he has taken to this Court within five (5) days from receipt of this Decision.
SO ORDERED.
Endnotes:
1 Marcus Tullius Cicero, On the Laws, Seton University (last visited September 29, 2020), http://pirate.shu.edu/~knightna/westciv1/cicero.htm.
2People v. Solar, G.R. No. 225595, August 6, 2019.
3Rollo, pp. 4-11; penned by Associate Justice Gabriel T. Robeniol with Associate Justices Gabriel T. Ingles and Marilyn B. Lagura-Yap, concurring.
4 Records, pp. 60-62; penned by Judge Ephrem S. Abando.
5 Id. at 10.
6 SECTION 3. Plea of Guilty to Capital Offense; Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.
7 Entitled Arraignment and Plea.
8Rollo, p. 5.
9 Records, p. 22.
10 Referred to as "Jardin" in some parts of the records.
11 Records, pp. 24, 26 and 28.
12 Id. at 35 and 39.
13 Id. at 39.
14 Id. (back of the page).
15 Id. at 41.
16 Id.
17 Id. at 43.
18 Id. at 46.
19 Id. (back of the page).
20 Id. at 48.
21 Id.
22 Id. at 50.
23 Id. at 52.
24 Id. at 54.
25Rollo, p. 5.
26 CA rollo, pp. 39-40.
27 It must be noted that the dispositive portion did not identify the felony to which the accused was found guilty of.
28 CA rollo, p. 40.
29 Id. at 29.
30Rollo, p. 11.
31 Id. at 7-11.
32 Id. at 22-23.
33 654 Phil. 148 (2011).
34 Id. at 161.
35 CA rollo, pp. 29-38.
36Arambullo v. People, G.R. No. 241834, July 24, 2019.
37 SECTION 6. Capital offense, defined. — A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. (Rule 114, Revised Rules on Criminal Procedure)
38People v. Albert, 321 Phil. 500. 508 (1995).
39 Id.
40 Id. at 508.
41 2 Phil. 752 (1903).
42 Id. at 755.
43 37 Phil. 305 (1917).
44 Id. at 307-308.
45 Id. at 317-318.
46 SECTION 31. The plea of not guilty having been entered, the trial must proceed in the following order:
1. The counsel for the United States must offer evidence in support of the charges.
2. The defendant or his counsel may offer evidence in support of the charges.
3. The parties may then respectively offer rebutting testimony, but rebutting testimony only, unless the court, in furtherance of justice, permit them to offer new and additional evidence bearing upon the main issue in question.
4. When the introduction of testimony shall have been concluded, unless the case is submitted to the court without argument, the counsel for the United States must open the argument, the counsel for the defence must follow, and the counsel for the United States may conclude the same. The argument by either counsel may be oral or written, or partly oral and partly written, but only the written arguments, or such portions of the same as may be in writing shall be preserved in the records of the case.
47 CODE OF CRIMINAL PROCEDURE OF THE PHILIPPINE ISLANDS, April 23, 1900.
48 42 Phil. 72(1921).
49 Id. at 74. (emphasis supplied)
50 1940 RULES OF COURT, Rule 114. The provision was lifted from Section 229, Criminal Proc. Of the American Law Institute, per Moran, Comments on the Rules of Court, Rev. Ed. 1952, Vol. II, p. 829.
51 1964 RULES OF COURT, Rule 118, Sec. 5.
52 81 Phil. 562 (1948).
53 Id. at 563.
54 88 Phil. 487 (1951).
55 Id. at 489. (emphasis supplied)
56 98 Phil. 642 (1956).
57 Id. at 644-645.
58 1985 RULES ON CRIMINAL PROCEDURE, Rule 116.
59 274 Phil. 11 (1991).
60 Id. at 18-19.
61 SECTION 4. Plea of Guilty to Non-Capital Offense; Reception of Evidence, Discretionary. — When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. (5a, R-118)
62 718 Phil. 507 (2013).
63 Id. at 520-521.
64 Id. at 521.
65People v. Francisco, 649 Phil. 729, 740 (2010).
66People v. Nuelan, 419 Phil. 160, 173 (2001).
67 Id. at 175.
68People v. Dayot, 265 Phil. 669, 677 (1990).
69People v. Molina, 423 Phil. 637, 649-650 (2001). (citations omitted)
70People v. Nadera, Jr., 381 Phil. 484, 498 (2000).
71People v. Gambao, 718 Phil. 507, 521-522 (2013).
72 Id. at 522.
73People v. Dayot, supra note 68 at 678.
74People v. De Luna, 255 Phil. 893, 901 (1989).
75People v. Besonia, 466 Phil. 822, 841-842 (2004). (citation omitted)
76People v. Bodoso, 446 Phil. 838, 855-857 (2003).
77 Records, p. 22.
78 Id.
79 Id. at 61.
80 Supra note 33.
81 338 Phil. 350 (1997).
82 Id. at 365-368.
83 Id. at 373-374.
84People v. Bodoso, supra note 76 at 857-858.
85People v. Petalcorin, 259 Phil. 1173 (1989); People v. Nunez, 369 Phil. 422 (1999), People v. Gumimba, 545 Phil. 627 (2007), People v. Ceredon, 566 Phil. 536 (2008), and People v. Francisco, 649 Phil. 729 (2010).
86People v. Alicando, 321 Phil. 656 (1995); People v. Diaz, 325 Phil. 217 (1996); People v. Estomaca, 326 Phil. 429 (1996); People v. Abapo, 385 Phil. 1175 (2000); People v. Samontanez, 400 Phil. 703 (2000); People v. Sta. Teresa, 407 Phil. 194 (2001); People v. Galvez, 428 Phil. 438 (2002); People v. Pastor, 428 Phil. 976 (2002); People v. Ernas, 455 Phil. 829 (2003); People v. Besonia, 466 Phil. 822 (2004); People v. Murillo, 478 Phil. 446 (2004); and People v, Dalacat, 485 Phil. 35 (2004).
87People v. Dalacat, supra.
88 Id. at 54.
89 476 Phil. 553 (2004).
90 Supra note 86 at 1186-1187.
91 Id.
92 Supra note 69.
93 Id. at 651-652.
94 Reflections of J. Zalameda, pp. 2-3.
95 G.R. Nos. 206438, 206458 & 210141-42, July 31, 2018, 875 SCRA 374.
96Reflections of J. Zalameda, p. 3.
97Revised Reflections of J. Javier, p. 4.
98Reflections of J. Zalameda, pp. 3-5.
99Reflections of J. Delos Santos, pp. 2-3.
100Reflections of J. Zalameda, pp. 7-9.
101 Id. at 8.
102 Id. at 8-9.
103 Revised Reflections of J. Javier, p. 2.
104Reflections of J. Lopez, p. 1.
105 Id.
106Reflections of J. Gaerlan, p. 6.
107 Id. at 5-6.
108 Id. at 5.
109 Id.
110 Revised Reflections of J. Perlas-Bernabe, p. 1.
111 Id. at 3.
112 Id. at 6.
113Revised Reflections of J. Javier, pp. 1-2.
114 Reflections of J. Lopez, p. 1.
115Rollo, p. 5; records, p. 54.
116People v. Asis, 439 Phil. 707, 727-728 (2002).
117 Supra note 95.
118People v. Derilo, supra note 81 at 373-374. (emphasis supplied)
119People v. Nuelan, 419 Phil. 160, 175 (2001).
120People v. Dayot, supra note 68.
121Reflections of J. Zalameda, p. 4.
122 Id.
123People v. Asis, supra note 116 at 728. (emphasis supplied)
124Beirut v. People, 744 Phil. 20, 27 (2014).
125 Id.
126 Mr. Justice Lopez opined that "the remand of this case is proper to afford the State its right to penalize the accused based on the crime he voluntarily pleaded." (Reflections of J. Lopez, p. 2).
127 Mr. Justice Delos Santos stated that "[t]he accused Brendo P. Pagal (accused) in this case entered a free, truthful, and voluntary plea of guilty to the crime of murder against victim Selma Pagal (Selma)." (Reflections of J. Delos Santos, p. 1.)
128Reflections of J. Gaerlan, p. 5.
129Reflections of J. Delos Santos, p. 1.
130Reflections of J. Gaerlan, p. 5.
131 Id. at 5-6.
132 Supra note 69.
133 Supra note 86.
134 Supra note 69 at 646.
135People v. Molina, supra note 69 at 653-662.
136Rollo, p. 5; records, p. 54.
137 See Macayan, Jr., v. People, 756 Phil. 202, 214 (2015).
138 "The prosecution presented Sancho Ferreras, brother of the victim; barangay tanod Ramon Saraos; SPO2 Angel Nieves of the Parañaque Police; and NBI Medico-legal Officer Ludivino Lagat. They established the following facts: x x x" (People v. Murillo, supra note 86 at 452).
139People v. Murillo, supra note 86 at 463-465.
140People v. Lorenzo, 633 Phil. 393, 401 (2010).
141Reflections of J. Perlas-Bernabe, p. 1.
142 Supra note 89.
143 Id. at 565.
144 Id. (emphasis supplied)
145 234 Phil. 644(1987).
146 Id. at 653.
147Records, pp. 10-11.
148 Id. at 14.
149 CA rollo, p. 43.
150Dansal v. Fernandez, Sr., 383 Phil. 897, 905 (2000).
151 484 Phil. 899 (2004).
152 Id. at 917-918.
153 Records, p. 14.
154 In Inocentes v. People, the Court held that "[p]lainly, the delay of at least seven (7) years before the informations were filed skews the fairness which the right to speedy disposition of cases seeks to maintain. Undoubtedly, the delay in the resolution of this case prejudiced Inocentes since the defense witnesses he would present would be unable to recall accurately the events of the distant past." (789 Phil. 318, 337, (2016).
155 438 Phil. 716 (2002).
156 Id. at 735-736.
157Crespo v. Mogul, 235 Phil. 465, 475 (1987).
158 Supra note 76.
159 CA rollo, p. 40.
160 472 Phil. 285 (2004).
161 Id. at 325.
162Allado v. Judge Diokno, 302 Phil. 213, 238 (1994).
163 Id. (emphasis supplied)
164Padilla v. Court of Appeals, 328 Phil. 1266, 1270 (1996).
PERALTA, C.J.:
I concur with the ponencia of Justice Alexander G. Gesmundo. I make this submission, however, in order to fully articulate my thoughts as to why appellant Brendo P. Pagal is entitled to be acquitted when his conviction for murder was set aside for being based solely on his plea of guilt.
A brief rundown of the antecedents is imperative.
Appellant Brendo Pagal was charged of murder, a capital offense, before a Regional Trial Court (RTC). During arraignment, he entered a guilty plea. Finding the plea to be in order, the RTC set four (4) hearing dates for the prosecution to present evidence to prove the guilt of the appellant and to determine the exact degree of his culpability. On the hearing dates, however, none of the prosecution witnesses appeared. For its part, the defense also chose not to present any evidence. Under such premises, the prosecution and the defense then moved for the submission of the case for decision. Soon enough, the RTC issued its judgment convicting the appellant as charged by relying solely on the latter's plea of guilt.
On appeal, the Court of Appeals (CA) reversed. The CA found that the RTC actually failed to perform its duty, under Section 3 of Rule 116 of the Rules of Court, to conduct a searching inquiry into the voluntariness of the appellant's plea of guilt and his full comprehension of the consequences thereof. For this reason, the appellate court considered appellant's plea of guilty to a capital offense as improvident and, hence, invalid. As the appellant's conviction was based solely on an improvident plea of guilt, the CA set aside such conviction and—following settled precedents—forthwith ordered the remand of the case for further proceedings.
Unsatisfied, appellant lodged the present appeal where he asked for a complete acquittal.
The ponencia granted the appeal. As said, I concur.
Jurisprudence up until now has been consistent in how courts ought to deal with convictions for capital offenses that are based solely on improvident pleas of guilt.1 When a conviction for a capital offense is appealed and is there found to be based exclusively on an improvident plea of guilt, case law typically compels the appellate court to set aside the conviction of the accused and remand the entire case back to the trial court for re-arraignment and the conduct of further proceedings.2
While I concede that a conviction for a capital offense when based solely on an improvident plea of guilt must always be set aside, I believe that a remand of the criminal case should not be ordered ipso facto as a matter of course. In tune to what the ponencia advances, I venture that an exception to the remand directive should be made in instances where the prosecution was previously given the opportunity to present evidence to prove the guilt of the accused but failed to do so for no justifiable reason. I submit that, in such instances, it actually becomes the duty of the appellate court to render a judgment of acquittal in favor of the accused.
Such exception, while novel, is grounded on existing rules and sound reason.
It should be stressed that under our current rules of procedure, a guilty plea—whether improvident or not—can never on its own justify a conviction for a capital offense. This is the unequivocal import of Section 3 of Rule 116 of the 2000 Revised Rules of Criminal Procedure:
SECTION 3. Plea of Guilty to Capital Offense: Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.In People v. Oden,3 we held that the above provision mandated trial courts to fulfill three (3) distinct duties whenever an accused pleads guilty to a capital offense, to wit:
(1) | It must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea of guilt, |
(2) | It must require the prosecution to still prove the guilt of the accused and the precise degree of his culpability, and |
(3) | It must inquire whether or not the accused wishes to present evidence in his behalf and allow him to do so if he desires.4 |
xxx. However, after a careful examination of the records of this case, we find that the improvident plea of guilt of the accused-appellant has affected the manner by which the prosecution conducted its presentation of the evidence. The presentation of the prosecution's case was lacking in assiduity and was not characterized with the meticulous attention to details that is necessarily expected in a prosecution for a capital offense. The state prosecutor in his examination of the victim was evidently concerned only with proving the respective dates of the commission of the repeated rapes, and did not attempt to elicit details about the commission of each rape that would satisfy the requirements for establishing proof beyond reasonable doubt that the offenses charged have in fact been committed by the accused. It is clear to our mind that the prosecution did not discharge its obligation as seriously as it would have had there been no plea of guilt on the part of the accused. (Emphasis supplied)In essence, Abapo predicated the need to remand on what it perceived to be as the detrimental effect of an accused's plea of guilt on "the manner by which the prosecution conduct[s] its presentation of the evidence."9 It observed that a plea of guilty to a capital offense may lead "the prosecution not [to] discharge its obligation as seriously as it would have had there been no plea of guilt."10 Consequently, when a conviction for a capital offense was hinged solely on the accused's plea of guilt, but the plea was later determined to be improvident on appeal, the case has to be remanded back to the trial court because the prosecution, which relied on the accused's plea of guilt, could be said to have been effectively prevented from fully presenting its evidence.
Endnotes:
1 See page 24 of the ponencia
2 Id.
3 471 Phil. 638 (2004).
4Id. at 648.
5 The procedure under Section 3 of Rule 116, thus, effectively removes the distinction between a plea of guilty and a plea of not guilty in the prosecution of capital offenses. As observed by Justice Alfredo Benjamin S. Caguioa in his Concurring Opinion:
Thus, as it stands, there is effectively no difference between a plea of guilty or not guilty to a capital offense - that is, in both instances, the prosecution is required to present evidence to prove the guilt of the accused beyond reasonable doubt. An accused who made an improvident plea of guilty may nonetheless be found guilty of the crime charged if, independent of the improvident plea, the evidence adduced by the prosecution establishes his guilt beyond reasonable doubt. To the contrary, absent proof by the prosecution proving beyond reasonable doubt the guilt of the accused, such accused who pleads guilty to a capital offense, must be acquitted. (Emphasis and underscoring in the original).
6Silverio v. Court of Appeals, 225 Phil. 459, 471 (1986).
7 See Concurring Opinion of Justice Alfredo Benjamin S. Caguioa, pp. 18-19.
8 385 Phil. 1175, 1187 (2000).
9Id.
10Id.
PERLAS-BERNABE, J.:
Respectfully, I disagree with the ponencia''s proposal to acquit accused-appellant Brendo P. Pagal (accused). For the reasons herein explained, the case should be remanded to the trial court so that the accused may be re-arraigned, and in so doing, enter the proper plea. The lack of a valid plea in this case taints the entire criminal proceedings and hence, precludes the trial court from rendering a valid verdict.
To recount, the accused was charged with, and thereafter, pleaded guilty to the capital offense of Murder. Under Section 3, Rule 116 of the Rules of Criminal Procedure (Section 3, Rule 116), "[w]hen the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability, x x x"1 However, the trial court judge failed to conduct the required searching inquiry. The prosecution was then given four (4) hearing dates to present its evidence, but none of its witnesses appeared and testified during any of these dates. In light of this, the defense likewise chose not to present any evidence. Eventually, both the prosecution and the defense submitted the case for decision.
The trial court convicted the accused of Murder based solely on his plea of guilty. On appeal, the Court of Appeals (CA) set aside accused's conviction and instead, ordered that the case be remanded with a directive that the trial court follow the mandate of Section 3, Rule 116.
The ponencia reverses and sets aside the CA ruling and instead, pronounces that the accused be acquitted. It held that since the prosecution was given four (4) separate hearing dates to present evidence against the accused, and despite these chances, the prosecution was unable to prove his guilt, his acquittal is in order.2
As earlier intimated, I respectfully disagree.
In criminal proceedings, an arraignment has been regarded as an integral requirement of procedural due process:
Procedural due process requires that the accused be arraigned so that he [or she] may be informed of the reason for his [or her] indictment, the specific charges he [or she] is bound to face, and the corresponding penalty that could be possibly meted against him [or her].3Particularly, an arraignment is "the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him."4 In Borja v. Mendoza,5 the Court has highlighted that "[a]n arraignment x x x [is] indispensable as the means 'for bringing the accused into court and notifying him of the cause he is required to meet.'"6 In the same case, the Court discussed the complementary relation of a valid arraignment to the rule regarding the sufficiency of the Information, which both serve the purpose of preserving the accused's right to be informed of the nature and cause of the accusation against him:cralawred
[I]t is at that stage where in the mode and manner required by the Rules, an accused, for the first time, is granted the opportunity to know the precise charge that confronts him. It is imperative that he is thus made fully aware of possible loss of freedom, even of his life, depending on the nature of the crime imputed to him. At the very least then, he must be fully informed of why the prosecuting arm of the state is mobilized against him. An arcaignrnent serves that purpose. Thereafter he is no longer in the dark. It is true, the complaint or information may not be worded with sufficient clarity. He would be in a much worse position though if he does not even have such an opportunity to plead to the charge. With his counsel by his side, he is thus in a position to enter his plea with full knowledge of the consequences. He is not even required to do so immediately. He may move to quash. What is thus evident is that an arraignment assures that he be fully acquainted with the nature of the crime imputed to him and the circumstances under which it is allegedly committed. It is thus a vital aspect of the constitutional rights guaranteed him. It is not useless formality, much less an idle ceremony.7 (Emphases supplied)Since the arraignment is meant to formally inform the accused of the essential details of the charge against him, a valid arraignment is also important for the accused to adequately prepare his defense. The groundwork for the defense stems from the accused's preliminary understanding of the import and consequences of the charge against him. Case laws states that "the right of an accused to be informed of the precise nature of the accusation leveled at him x x x is, therefore, really an avenue for him to be able to hoist the necessary defense in rebuttal thereof."8 In People v. Alcalde:9
The constitutional right to be informed of the nature and cause of the accusation against him under the Bill of Rights carries with it the correlative obligation to effectively convey to the accused the information to enable him to effectively prepare for his defense.10Without a valid arraignment, therefore, the accused's ability to defend himself is tainted; hence, an invalid arraignment must be considered as a fatal defect in the criminal proceedings.
Ultimately, however, "[t]he bottom line of the rule is that the plea of guilt must be based on a free and informed judgment. Thus, the searching inquiry of the trial court must be focused on: (1) the voluntariness of the plea, and (2) the full comprehension of the consequences of the plea. The questions of the trial court [must] show the voluntariness of the plea of guilt of the [accused] [and that] the questions demonstrate appellant's full comprehension of the consequences of his plea."14
- Ascertain from the accused himself (a) how he was brought into the custody of the law; (b) whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and (c) under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.
- Ask the defense counsel a series of questions as to whether he had conferred with, and completely explained to, the accused the meaning and consequences of a plea of guilty.
- Elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed plea of guilty.
- Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. For not infrequently, an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is the duty of the judge to ensure that the accused does not labor under these mistaken impressions because a plea of guilty carries with it not only the admission of authorship of the crime proper but also of the aggravating circumstances attending it, that increase punishment.
- Inquire if the accused knows the crime with which he is charged and fully explain to him the elements of the crime which is the basis of his indictment. Failure of the court to do so would constitute a violation of his fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.
- All questions posed to the accused should be in a language known and understood by the latter.
- The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.13 (Emphases supplied)
Endnotes:
1 Emphasis supplied.
2Ponencia, p. 58
3 See Corpus, Jr. v. Pamular, G.R. No. 186403, September 5, 2018.
4 See People v. Palema, G.R. No. 228000, July 10, 2019; emphasis supplied. See also People v. Nuelan, 419 Phil. 160 (2001).
5 168 Phil. 83 (1977)
6 Id. at 86; emphasis supplied.
7 Id. at 87.
8People v. Estomaca, 326 Phil. 429, 438 (1996).
9 432 Phil. 366 (2002).
10 Id. at 379.
11 See People v. Magat, 388 Phil. 311, 322 (2000).
12People v. Ernas, 455 Phil. 829, 838 (2003).
13 See People v. Gambao, 718 Phil 507, 521-522 (2013); and People v. Mira, 561 Phil. 646, 656-657 (2007); People v. Ernas, supra, at 839-840; and People v. Pastor, 428 Phil. 976, 986-987 (2002).
14People v. Alicando, 321 Phil. 656, 681 (1995); emphases supplied.
15 See People v. Durango, 386 Phil. 202 (2000).
16 See People v. Gambao, supra note 13; People v. Francisco, 649 Phil. 729 (2010); People v. Documento, 629 Phil. 579 (2010); People v. Talusan, 610 Phil. 378 (2009); People v. Tanyacao, 412 Phil. 608 (2004); People v. Alborida, 412 Phil. 81 (2001).
17People v. Durango, supra note 15, at 213; and People v. Estomaca; supra note 8, at 449-450; emphases supplied.
18 423 Phil. 637(2001).
19 Id. at 663; emphasis supplied.
20 375 Phil. 1096 (1999).
21 Id. at 1104.
22 Id. at 1104-1105; emphasis supplied.
23 Supra note 8.
24 Supra note 14; also citing Binabay v. People, 147 Phil. 402 (1971).
25People v. Estomaca, supra note 8, at 449-450; emphasis supplied.
26 385 Phil. 1175 (2000).
27 Id. at 1187; emphasis supplied.
28 466 Phil. 822 (2004).
29 Id. at 843; emphasis supplied.
30Ponencia, p. 50.
31Tan, Jr. v. Sandiganbayan, 354 Phil. 463 (1998).
32 The ponencia states that "accused-appellant has been incarcerated for more or less eleven (11) years." See ponencia, p. 52.
33Valencia v. Sandiganbayan, 510 Phil. 70, 88 (2005).
LEONEN, J.:
I concur with Associate Justice Alexander G. Gesmundo's ponencia. The assailed May 18, 2018 Decision of the Court of Appeals must be reversed and set aside. Accused-appellant Brendo P. Pagal a.k.a. "Dindo" must be acquitted of the charge of murder.
The resolution of this case centers on the proper appreciation and application of an accused's most basic rights: to be held to answer for a criminal offense only with due process of law,1 and to be presumed innocent until the prosecution proves their guilt beyond reasonable doubt.2 Failing compliance with these rights, acquittal inevitably ensues. Moreover, in proper cases, pending criminal proceedings must cease, foreclosing any further proceedings and absolving the accused of criminal liability.
From these, two pivotal doctrinal propositions may be identified. First, in appropriate cases where the continuation of the proceedings would perpetuate violations of an accused's constitutional rights, subsequent proceedings become pointless. Second, as a consequence of this inefficacy, a full dismissal that amounts to acquittal must ensue.
This rule places upon the prosecution the task of establishing the guilt of an accused, relying on the strength of its own evidence, and not banking on the weakness of the defense of an accused. Requiring proof beyond reasonable doubt finds basis not only in the due process clause of the Constitution, but similarly, in the right of an accused to be "presumed innocent until the contrary is proved." "Undoubtedly, it is the constitutional presumption of innocence that lays such burden upon the prosecution." Should the prosecution fail to discharge its burden, it follows, as a matter of course, that an accused must be acquitted. As explained in Basilio v. People of the Philippines:
We ruled in People v. Ganguso:cralawredAn accused has in his favor the presumption of innocence which the Bill of Rights guarantees. Unless his guilt is shown beyond reasonable doubt, he must be acquitted. This reasonable doubt standard is demanded by the due process clause of the Constitution which protects the accused from conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime with which he is charged. The burden of proof is on the prosecution, and unless it discharges that burden the accused need not even offer evidence in his behalf, and he would be entitled to an acquittal. Proof beyond reasonable doubt does not, of course, mean such degree of proof as, excluding the possibility of error, produce absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. The conscience must be satisfied that the accused is responsible for the offense charged.Well-entrenched in jurisprudence is the rule that the conviction of the accused must rest, not on the weakness of the defense, but on the strength of the prosecution. The burden is on the prosecution to prove guilt beyond reasonable doubt, not on the accused to prove his innocence.4
SECTION 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.The 1987 Constitution provides benchmarks that define how trial should be conducted. These are all designed to serve the accused's right to due process. They also confirm the prosecution's duty to secure a conviction through its own decorous, prompt, and disciplined efforts. Article III, Section 14 reads in full:cralawred
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of lawThese normative benchmarks are confirmed in Rule 1155 of the Revised Rules of Criminal Procedure, which provides for an accused's rights during trial.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance, of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.
Article III, Section 14(1) articulates the demand of due process. Meanwhile, Section 14(2) spells out the prosecution's duty to establish guilt beyond reasonable doubt.' It also identifies norms that serve the general, overarching principles of due process and guilt having to be shown by the prosecution itself: first, the right of an accused "to be heard by [him/her]self and counsel"; second, the need for an accused "to be informed of the nature and cause of the accusation against him [or her]"; third, the imperative of "a speedy, impartial, and public trial"; fourth, the right "to meet the witnesses face to face"; and fifth, the right "to have compulsory process to secure the attendance of witnesses and the production of evidence in his [or her] behalf."
In a number of cases, this Court has not hesitated to grant the so- called "radical relief' and to spare the accused from undergoing the rigors and expense of a full-blown trial where it is clear that he has been deprived of due process of law or other constitutionally guaranteed rights. Of course, it goes without saying that in the application of the doctrine enunciated in those cases, particular regard must be taken of the facts and circumstances peculiar to each case.8
We find the long delay in the termination of the preliminary investigation by the Tanodbayan in the instant case to be violative of the constitutional right of the accused to due process. Substantial adherence to the requirements of the law governing the conduct of preliminary investigation, including substantial compliance with the time limitation prescribed by the law for the resolution of the case by the prosecutor, is part of the procedural due process constitutionally guaranteed by the fundamental law. Not only under the broad umbrella of the due process clause, but under the constitutionally guarantee of "speedy disposition'1 of cases as embodied in Section 16 of the Bill of Rights (both in the 1973 and the 1987 Constitutions), the inordinate delay is violative of the petitioner's constitutional rights. A delay of close to three (3) years cannot be deemed reasonable or justifiable in the light of the circumstance obtaining in the case at bar. We are not impressed by the attempt of the Sandiganbayan to sanitize the long delay by indulging in the speculative assumption that "the delay may be due to a painstaking and grueling scrutiny by the Tanodbayan as to whether the evidence presented during the preliminary investigation merited prosecution of a former high-ranking government official." In the first place, such a statement suggests a double standard of treatment, which must be emphatically rejected. Secondly, three out of the five charges against the petitioner were for his alleged failure to file his sworn statement of assets and liabilities required by Republic Act No. 3019, which certainly did not involve complicated legal and factual issues necessitating such "painstaking and grueling scrutiny" as would justify a delay of almost three years in terminating the preliminary investigation. The other two charges relating to alleged bribery and alleged giving of unwarranted benefits to a relative, while presenting more substantial legal and factual issues, certainly do not warrant or justify the period of three years, which it took the Tanodbayan to resolve the case.10Notably, the determination of inordinate delay has not been confined to whether there were underlying political considerations. In Cagang v. Sandiganbayan, Fifth Division:11
Political motivation, however, is merely one of the circumstances to be factored in when determining whether the delay is inordinate. The absence of political motivation will not prevent this Court from granting the same "radical relief." Thus, in Angchangco v. Ombudsman, this Court dismissed the criminal complaints even if the petition filed before this Court was a petition for mandamus to compel the Office of the Ombudsman to resolve the complaints against him after more than six (6) years of inaction:cralawredCagang further clarified that in "determining whether inordinate delay exists, a case is deemed to have commenced from the filing of the formal complaint and the subsequent conduct of the preliminary investigation."13 It adds:cralawredHere, the Office of the Ombudsman, due to its failure to resolve the criminal charges against petitioner for more than six years, has transgressed on the constitutional right of petitioner to due process and to a speedy disposition of the cases against him, as well as the Ombudsman's own constitutional duty to act promptly on complaints filed before it. For all these past 6 years, petitioner has remained under a cloud, and since his retirement in September 1994, he has been deprived of the fruits of his retirement after serving the government for over 42 years all because of the inaction of respondent Ombudsman. If we wait any longer, it may be too late for petitioner to receive his retirement benefits, not to speak of clearing his name. This is a case of plain injustice which calls for the issuance of the writ prayed for.12 (Citations omitted)
What may constitute a reasonable time to resolve a proceeding is not determined by "mere mathematical reckoning." It requires consideration of a number of factors, including the time required to investigate the complaint, to file the information, to conduct an arraignment, the application for bail, pre-trial, trial proper, and the submission of the case for decision. Unforeseen circumstances, such as unavoidable postponements or force majeure, must also be taken into account.Since Tatad, many other cases have similarly considered inordinate delay and how it justified the "radical relief' of dismissing a case: Angchangco, Jr. v. Ombudsman,15Duterte v. Sandiganbayan,16Roque v. Ombudsman,17Cervantes v. Sandiganbayan,18Lopez, Jr. v. Ombudsman,19Licaros v. Sandiganbayan,20People v. SPO4 Anonas,21Enriquez v. Ombudsman,22People v. Sandiganbayan, First Division,23Inocentes v. People24Almeda v. Ombudsman,25People v. Sandiganbayan, Fifth Division,26Torres v. Sandiganbayan,27 and Remulla v. Sandiganbayan,28
. . .
The determination of whether the delay was inordinate is not through mere mathematical reckoning but through the examination of the facts and circumstances surrounding the case. Courts should appraise a reasonable period from the point of view of how much time a competent and independent public officer would need in relation to the complexity of a given case. If there has been delay, the prosecution must be able to satisfactorily explain the reasons for such delay and that no prejudice was suffered by the accused as a result. The timely invocation of the accused's constitutional rights must also be examined on a case-to-case basis.14 (Citations omitted)
This is not a situation where the prosecution was wholly deprived of the opportunity to perform its duties under the 2000 Revised Rules that would warrant a remand. In this case, the prosecution was already given a reasonable opportunity to prove its case against accused-appellant. Regrettably, the State squandered its chances to the detriment of accused-appellant. If anything, the State, given its vast resources and awesome powers, cannot be allowed to vex an accused with criminal prosecution more than once. The State should, first and foremost, exercise fairness.30The prosecution's lackadaisical attitude was what led to its failure to establish its case. It had its chance and blew it. To give the prosecution a second chance despite its demonstrated negligence would be unfairly generous to it. It would give it an unfair advantage, an opportunity to win a case that it had lost on its own.
Endnotes:
1 CONST., art. III. sec. 14 (1) states:
SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law.
2 The Revised Rules of Criminal Procedure identifies this as the first of the rights of an accused during trial. Rule 115, Section 1(a) states that an accused has the right "[t]o be presumed innocent until the contrary is proved beyond reasonable doubt." This is in keeping with the 1987 Constitution which, in Article III, Section 14 (2) provides that all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved."'
3 756 Phil. 202 (2015) [Per J. Leonen, Second Division].
4 Id. at 213-214 citing CONST., art. III, sec 1; CONST., art. III, sec. 14(2); People v. Solayao, 330 Phil. 811, 819 (1996) [Per J. Romero, Second Division]; and Boac v. People, 591 Phil. 508 (2008) [Per J. Velasco, Jr., Second Division].
5 RULES OF COURT, Rule 115 provides:
RULE 115
Rights of Accused
SECTION 1. Rigiits of accused at the trial. — In all criminal prosecutions, the accused shall be entilied to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt. (b) To be informed-of the nature and cause of the accusation against him, (c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of identification. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court thai he can properly protect his right without the assistance of counsel. (d) To testify as a witness in hit own x-lialf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. (e) To be exempt from being compelled to be a witness against himself (f) To confront and cross-examine the witnesses against him, at the trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with clue diligence be found in the Philippines, unavailable or otherwise unable to testily, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the opportunity to cross-examine him. (g) To have compulsory process issued to recure the attendance of witnesses and production of ether evidence in his behalf. (h) To have speedy, impartial and public trial. (i) To appeal in si cases allowed and in the manner prescribed by law.
6Abadia v. Court of Appeals, 306 Phil. 690, 698-699 (1994) [Per J. Kapunan, En Banc].
7 242 Phil. 563 (1988) [Per J. Yap, En Banc].
8 Id. at 573 citing Salonga v. Cruz Pano, 219 Phil. 402 (1985) [Per J. Gutierrez,. En Banc]; Mead v. Argel, 200 Phil. 650 (1982) [Per J, Vasquez, First Division]; Yap v. Lutero, 105 Phil. 1307 (1959) [Per J. Concepcion, En Banc]; and People v. Zulueta, 89 Phil. 752 (1951) [Per J Bengzon, First Division].
9 Id. at 575.
10 Id. at 575-576.
11 G.R. Nos. 206438, 206458, and 210141-42, July 31, 2018, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64581 > [Per J Leonen, En Banc].
12 Id.
13 Id.
14 Id.
15 335 Phil. 766 (1997) [Per J. Melo, Third Division].
16 352 Phil. 557 (1998) [Per J. Kapunan, Third Division].
17 366 Phil. 368 (1999) [Per J. Panganiban, Third Division].
18 366 Phil. 602 (1999) [Per J. Pardo, First Division].
19 417 Phil. 39 (2001) [Per J. Gonzaga-Reyes, Third Division].
20 421 Phil. 1075 (2001) [Per J. Panganiban, En Banc].
21 542 Phil. 539 (2007) [Per J. Sandoval-Gutierrez, First Division].
22 569 Phil. 309 (2008) [Per J. Sandoval-Gutierrez, First Division].
23 723 Phil. 444 (2013) [Per J, Bersamin, First Division].
24 789 Phil. 318 (2016) [Per J. Brion, Second Division].
25 791 Phil. 129 (2016) [Per J. Del Castillo, Second Division].
26 791 Phil. 37 (2016) [Per J. Peralta, Third Division].
27 796 Phil. 856 (2016) [Per J. Velasco, Jr., Third Division].
28 808 Phil. 739 (2017) [Per J. Mendoza, Second Division].
29 Ponencia, p. 2.
30 Id. at 26.
31 Id. at 23.
32 J. Perlas-Bernabe, Dissenting Opinion, pp. 7-8. J. Zalameda, Dissenting Opnion, pp. 4-5.
33 384 U.S. 436 (1966).
34 J. Zalameda, Dissenting Opinion, pp. 4-5; J. Perlas-Bernabe, Dissenting Opinion, pp. 7 -8.
35 J. Perlas-Bernabe, Dissenting Opinion, pp. 7 -8.
36 J. ZaLameda, Dissenting Opinion, pp. 3-4; J. Lazaro-Javier, Dissenting Opinion, p. 2.
37 Ponencia. p. 26.
CAGUIOA, J.:
I concur with the ponencia. The failure of the prosecution, through its own fault or negligence, to present evidence against accused-appellant Brendo P. Pagal (Pagal), after the latter had pleaded guilty to a capital offense, should result in Pagal's acquittal based on reasonable doubt.
The mandatory taking of the
prosecution's evidence
independent of a guilty plea to a
capital offense safeguards an
accused against the consequences
of an improvident plea of guilty.
The practice of requiring the prosecution to present evidence to prove the guilt and precise degree of culpability of an accused over and above, or in spite of, his guilty plea, is a unique safeguard founded on our own legal tradition.1 Although it became mandatory only under the 1985 Rules of
Criminal Procedure, the taking of evidence despite the guilty plea of an accused has been an established practice in our jurisdiction — even in the absence of such requirement in the rules of procedure prevailing at that time.2
In the 1906 case of US v. Talbanos3 (Talbanos), despite therein accused's guilty plea to a charge for murder, the Court of First Instance in the Province of Samar called witnesses to ascertain factual matters in the case. Holding that the judge was correct in ordering the presentation of evidence since therein accused pleaded guilty to a charge for an offense where the penalty may be death, the Court remanded the case for compliance with the proper procedure for taking the testimony of a witness:4
Notwithstanding the plea of guilty so entered by the defendant, the court, evidently desiring to be advised upon all the facts of these case, called four witnesses for the purpose probably of ascertaining for itself the degree of culpability of the defendant as well as for the purpose of fixing the grade of punishment to be inflicted under the brigandage law. During the examination of these four witnesses the court made some memoranda of the facts to which these witnesses testified; the court made no effort to record the specific questions nor the answer to the same. This memorandum of the court was united with the record which was brought to this court.
x x x x
It is argued that this court ought not to consider the notes made by the judge in the form above indicated as evidence taken in this cause, for the reason that this evidence, if evidence it may be considered, was not taken in accordance with the requirements of section 32 of General Orders, No. 58 x x x. This leaves the case without any evidence in the record. The question arises, Can this court affirm a sentence rendered by an inferior court upon a complaint and plea of guilty unsupported by the testimony of witnesses? Can the Courts of First Instance sentence defendants in criminal causes upon the plea of guilty without further proof of the guilt of the defendant? Section 31 of General Orders, No. 58, provides for the procedure in the trial of a cause where the defendant pleads not guilty. The procedure for the trial of criminal causes makes no specific provision for the trial of a cause when the defendant pleads guilty. We are of the opinion and so hold that the Courts of First Instance may sentence defendants in criminal causes who plead guilty to the offense charged in the complaint, without the necessity of taking testimony. However, in all cases, and especially in cases where the punishment to be inflicted in severe, the court should be sure that the defendant fully understands the nature of the charges preferred against him and the character of the punishment to be imposed before sentencing him. While there is no law requiring it, vet in every case under the plea of guilty where the penalty may be death it is advisable for the court to call witnesses for the purpose of establishing the guilt and the degree of culpability of the defendant. This, however, must be left to the discretion of the trial court. Nevertheless, if the trial court shall deem it necessary and advisable to examine witnesses in any case where the defendant pleads guilty, he should comply in the taking of said testimony with said section 32 of General Orders, No. 58.5
It is contended that the judgment and sentence of the trial court should be reversed —
First, because testimony was taken over the objection of the defendant.
Second, because the trial court of its own motion, set aside the judgment originally pronounced, and called the accused to the witness stand to testify in his own behalf.
x x x x
There is no provision of law which prohibits the taking of testimony where the accused enters a plea of "guilty," and that procedure is the proper and prudent course, especially in cases where grave crimes are charged, and where the court is required to exercise its discretion in imposing a more or less severe penalty in view of all the circumstances attending the commission of the crime. In discussing this question in the case of the United States vs. Talbanos (6 Phil. Rep., 541), it was said (p. 543):cralawredThe procedure for the trial of criminal causes makes no specific provision for the trial of a cause when the defendant pleads guilty. We are of the opinion, and so hold, that the Courts of First Instance may sentence defendants in criminal causes who plead guilty to the offense charged in the complaint, without the necessity of taking testimony. However, in all case, and especially in cases where the punishment to be inflicted is severe, the court should be sure that the defendant fully understands the nature of the charges preferred against him and the character of the punishment to be imposed before sentencing him. While there is no law requiring it, yet in every case under the plea of guilty where the penalty may be death it is advisable for the court to call witnesses for the purpose of establishing the guilt and the degree of culpability of the defendant. This, however, must be left to the discretion of the trial court.7
No evidence was taken at the trial and after a careful examination of the whole record we cannot rid our minds of a reasonable doubt as to whether the accused did or did not thoroughly understand the precise nature and effect of his plea upon arraignment. We are not wholly satisfied that he understood that in pleading "guilty" of the crime charged in the information, he pleaded guilty to its commission marked with all the aggravating circumstances alleged therein x x x.
x x x x
In this connection we deem it proper to invite attention to the rule of practice recommended in the cases of United States v. Talbanos (6 Phil. Rep., 541), and United States v. Rota (9 Phil. Rep., 426). x x x
X X X x
While it is true that a judgment convicting and sentencing a defendant may lawfully be pronounced upon a solemn plea of "guilty" in open court and on arraignment, entered by the accused with full knowledge of the meaning and effect of his plea, nevertheless, where the complaint charges a capital offense, the possibility of misunderstanding or mistake in so grave a matter, justifies and in most instances requires the taking of such available evidence in support of the allegations of the information as the trial judge may deem necessary to remove all reasonable possibility that the accused might have entered his plea of "guilty" improvidently, or without a clear and precise understanding of its meaning and effect.9
Our experience has taught us that it not infrequently happens that, upon arraignment, accused persons plead "guilty" to the commission of the gravest offenses, qualified by marked aggravating circumstances, when in truth and in fact they intend merely to admit that they committed the act or acts charged in the complaint, and have no thought of admitting the technical charges of aggravating circumstances. It not infrequently happens that after a formal plea of "guilty" it develops under the probe of the trial judge, or in the course of the statement of the accused made at the time of the entry of his plea, or upon the witness stand, that the accused, while admitting the commission of the acts charged in the information, believes or pretends to believe that these acts were committed under such circumstances as to exempt him in whole or in part from criminal liability. Clearly, a formal plea of guilty entered under such circumstances is not sufficient to sustain a conviction of the aggravated crime charged in the information.Jamad further stated that the reason for receiving evidence despite the guilty plea of an accused to a capital offense is:cralawred
As will readily be understood, the danger of the entry of improvident pleas of this kind is greatly augmented in cases wherein the accused is a member of an uncivilized tribe, or a densely ignorant man who speaks a dialect unknown to his own lawyer, to the trial judge, and to the court officers other than the interpreter. In the course of the last fifteen years we have had before us a number of instances wherein members of uncivilized tribes have pleaded guilty to the commission of crimes marked with one or more aggravating circumstances, for which the prescribed penalty is that of death, life imprisonment, or a long term of imprisonment. In not a few of these cases the evidence, taken under the rule of practice in this jurisdiction, has disclosed the fact that the crimes actually committed were not marked with the aggravating circumstances set forth in the information, and in some cases it has developed that the accused was either wholly or partially exempt from criminal liability.
X X X X
We may say then, in response to the request for a ruling on this subject by the Attorney-General:
(1) The essence of the plea of guilty in a criminal trial is that the accused, on arraignment, admits his guilt freely, voluntarily, and with full knowledge of the consequences and meaning of his act, and with a clear understanding of the precise nature of the crime or crimes charged in the complaint or information.
(2) Such a plea of guilty, when formally entered on arraignment, is sufficient to sustain a conviction of any offense charged in the information, even a capital offense, without the introduction of further evidence, the defendant having himself supplied the necessary proof.
(3) There is nothing in the law in this jurisdiction which forbids the introduction of evidence as to the guilt of the accused, and the circumstances attendant upon the commission of the crime, after the entry of a plea of "guilty."
(4) Having in mind the danger of the entry of improvident pleas of "guilty" in criminal cases, the prudent and advisable course, especially in cases wherein grave crimes are charged, is to take additional evidence as to the guilt of the accused and the circumstances attendant upon the commission of the crime.
(5) The better practice would indicate that, when practicable, such additional evidence should be sufficient to sustain a judgment of conviction independently of the plea of guilty, or at least to leave no room for reasonable doubt in the mind of either the trial or the appellate court as to the possibility of a misunderstanding on the part of the accused as to the precise nature of the charges to which he pleaded guilty.
(6) Notwithstanding what has been said, it lies in the sound judicial discretion of the trial judge whether he will take evidence or not in any case wherein he is satisfied that a plea of "guilty" has been entered by the accused, with full knowledge of the meaning and consequences of his act.
(7) But in the event that no evidence is taken, this court, if called upon to review the proceedings had in the court below, may reverse and send back for a new trial, if. on the whole record, a reasonable doubt arises as to whether the accused did in fact enter the plea of "guilty" with full knowledge of the meaning and consequences of the act.11
to establish independently the commission of the crime, or at least to leave no room for reasonable doubt in the mind of either the trial court or this court, on review, as to the possibility that there might have been some misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty; and, further, to develop the circumstances surrounding the commission of the crime which justify or require the exercise of a greater or less degree of severity in the imposition of the prescribed penalties.12In other words, the Court, in Talbanos, Rota, Agcaoili, and Jamad, recognized that personal circumstances such as language barrier and the level of education of the accused may result in an improvident plea of guilt. In some instances, an accused may have committed the act alleged in the information but with none of the aggravating circumstance/s that would qualify the criminal act to a capital offense. The Court likewise acknowledged the reality that if no evidence was presented during trial, then it would have no basis for its review of the case other than the guilty plea of the accused. Since convictions for capital offenses are subject to automatic review by the Supreme Court, then the more prudent course would be to require the presentation of evidence in capital offense cases despite a guilty plea — especially since a guilty plea almost always leads to a conviction by the trial court.
SECTION 3. Plea of Guilty to Capital Offense; Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf.Except for the deletion of the word "also" in the last sentence, Section 3, Rule 116 of the 1985 Rules of Criminal Procedure was reproduced verbatim in Section 3, Rule 116 of the 2000 Revised Rules of Criminal Procedure, which provides:cralawred
SECTION 3. Plea of Guilty to Capital Offense; Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.Thus, under the current formulation of our rules of procedure, when an accused pleads guilty to a capital offense, the trial court is enjoined to do three things: (1) it must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea; (2) it must require the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability; and (3) it must ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires.13
1. Ascertain from the accused himself (a) how he was brought into the custody of the law; (b) whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and (c) under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.As to the second requirement, the rules make it mandatory for the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability. This means that even as the accused had admitted to the commission of the crime and enters a voluntary and informed plea of guilty, the prosecution is still charged with the onus of proof to establish his guilt beyond reasonable doubt. An accused charged with a capital offense cannot therefore be convicted based on his guilty plea alone. A plea of guilty is only a supporting evidence or secondary basis for a finding of culpability, the main proof being the evidence presented by the prosecution to prove the accused's guilt beyond reasonable doubt. Once an accused charged with a capital offense enters a plea of guilty, a regular trial shall be conducted just the same as if no guilty plea was entered.15 Thus, a guilty plea to a capital offense is not and cannot be considered a judicial admission16 which requires no further proof.17 Neither is it comparable to an extrajudicial confession.18 An extrajudicial confession takes place prior to the start of the trial. The concern on whether the accused fully understands the consequences of his guilty plea does not come into play. Similar to a guilty plea in a capital offense, an extrajudicial confession (for any offense) is not a sufficient ground for conviction. An extrajudicial confession only forms a prima facie case against an accused.19 " To sustain a conviction, the prosecution must first establish that the extrajudicial confession is admissible, and that the same is corroborated by evidence of corpus delicti.20
2. Ask the defense counsel a series of questions as to whether he had conferred with, and completely explained to, the accused the meaning and consequences of a plea of guilty.
3. Elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed plea of guilty.
4. Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. For not infrequently, an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is Ihe duty of the judge to ensure that the accused does not labor under these mistaken impressions because a plea of guilty carries with it not only the admission of authorship of the crime proper but also of the aggravating circumstances attending it, that increase punishment.
5. Inquire if the accused knows the crime with which he is charged and fully explain to him the elements of the crime which is the basis of his indictment. Failure of the court to do so would constitute a violation of his fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.
6. All questions posed to the accused should be in a language known and understood by the latter.
7. The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.14
It should be noted that the two accused Nestor Enciso and Jessie Suyong pleaded guilty to the offense charged in the information. And they have not questioned the validity of this plea. It should likewise be noted that conspiracy is alleged in the information. A plea of guilty constitutes an admission of the crime and the attendant circumstances alleged in the information. Nonetheless, despite Enciso's and Suyong's pleas of guilty. We believe the pleas must not be taken against them, for as clearly borne out by the evidence presented, said guilt has not actually been proved beyond reasonable doubt. The fact that they did not appeal is of no consequence, for after all, this case is before Us on automatic review (that is whether appeal was made or not). Accordingly, both Enciso and Suyong are ACQUITTED on reasonable doubt.I find the Court's ruling in Enciso applicable to this case.
In the same vein and on reasonable doubt, the third accused Balasbas is ACQUITTED on reasonable doubt.27
x x x However, after a careful examination of the records of this case, we find that the improvident plea of guilt of the accused-appellant has affected the manner by which the prosecution conducted its presentation of the evidence. The presentation of the prosecution's case was lacking in assiduity and was not characterized with the meticulous attention to details that is necessarily expected in a prosecution for a capital offense. The state prosecutor in his examination of the victim was evidently concerned only with proving the respective dates of the commission of the repeated rapes, and did not attempt to elicit details about the commission of each rape that would satisfy the requirements for establishing proof beyond reasonable doubt that the offenses charged have in fact been committed by the accused. It is clear to our mind that the prosecution did not discharge its obligation as seriously as it would have had there been no plea of guilt on the part of the accused, x x xIn People v. Durango30 (Durango), the Court found that the defense was prejudiced by the improvident guilty plea of therein accused:cralawred
x x x x
It will be seen that with the above admission made by the defense counsel, the prosecution desisted from availing of the opportunity to fully submit its case. The improvident plea of guilt had adversely influenced the prosecution's presentation of evidence.29
This Court, in the recent case of People vs. Tizon, has expressed the rationale behind the rule and it is, at bottom —In People v. Molina32 (Molina), the Court ruled that both the prosecution and the defense were prejudiced by the improvident guilty plea of therein accused:cralawredxxx that no accused is wrongly convicted or erroneously sentenced. It constantly behooves the courts to proceed with utmost care in each and every case before them but perhaps nothing can be more demanding of judges in that respect than when the punishment is in its severest form — death x x x.x x x x
The records would show that thenceforth defense counsel spoke not one word. Nor would it appear that the trial court gave defense counsel or the accused any chance to talk for when the prosecutor ended his direct examination of Noniebeth, the latter was thereupon simply excused and the court forthwith declared the case submitted for decision, xxx
x x x x
The improvident plea, followed by an abbreviated proceeding, with practically no role at all played by the defense, is just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life.31
After a careful examination of the records, we find that the improvident plea of guilt of accused-appellant has affected the manner by which the prosecution and the defense conducted its presentation of the evidence, and the trial court in carefully evaluating the evidence on record. Remand of Crim. Cases Nos. 99-02817-D, 99-02818-D, 99-02819-D, 99- 02820-D and 99-02821-D for re-arraignment and further relevant proceedings is therefore proper. First, the prosecution failed to lay the proper foundation for the introduction of the alleged handwritten letter of accused-appellant acknowledging his guilt for the rape of his daughter. This could very well be attributed to the fact that this letter was introduced only after accused-appellant pleaded guilty to the accusations for which reason the prosecution no longer endeavored to elicit the proper foundation for this evidence.
x x x xIn People v. Ernas34 (Ernas), the Court found supposed errors committed by the trial court subsequent to the improvident guilty plea entered by therein accused:cralawred
Second, the presentation of the prosecution's case was lacking in assiduity and was not characterized with the meticulous attention to details that is necessarily expected in a prosecution for a capital offense, x x x
x x x x
Third, the prosecution could very well clarify why on 1 March 1999 after accused-appellant's wife saw him and Brenda sleeping side by side and after she confronted his husband about it and was told by her daughter that "if I will tell it to you, my father will kill us," accused-appellant was still allegedly able to attempt a rape on his daughter on the same date, x x x
Fourth, neither the defense nor the prosecution elicited from the private complainant whether the accusations for incestuous rape and attempted rape were in a manner colored by the seething allegations in the transcript of stenographic notes that accused-appellant was a violent person towards his family, most especially his wife who is Brenda's mother, x x x
Fifth, the improvident plea appears to have sent the wrong signal to the defense that proceedings thereafter would be abbreviated. There was thus a perfunctory representation of accused-appellant as shown by (a) his counsel's failure to object to and correct the irregularities during his client's re-arraignment; (b) his failure to question the offer of the alleged letter wherein accused-appellant acknowledged his authorship of the dastardly crimes; (c) his failure to present evidence in behalf of accused-appellant otto so inform the latter of his right to adduce evidence whether in support of the guilty plea or in deviation therefrom; (d) his failure to object to his client's warrantless arrest and the designation of the crime in Crim. Case No. 99-02821-D as attempted rape when the evidence may appear not to warrant the same; and, (e) his failure to file a notice of appeal as regards Crim. Case No. 99-02821-D to the Court of Appeals for appropriate review. This Court perceives no reasonable basis for excusing these omissions as counsel's strategic decision in his handling of the case.33
With the plea of guilty entered by the appellant on the three counts of rape, the prosecution opted to dispense with the direct testimony of the complaining witnesses and formally offered the following exhibits:Based on the foregoing, the Court had, in the foregoing cases, gone out of its way to find reasons to remand the cases to the trial court for perceived prejudices caused to and tactical errors committed by the prosecution, defense, and even the trial court judge in the conduct of trial. The Court remanded the cases to essentially allow the prosecution to correct its mistakes and present evidence to prove the gui lt of the accused.
x x x x
Appellant has made an improvident plea of guilty.
x x x x
Fourth, the Judge should have asked appellant to recount what he exactly did to show that he fully understood the nature of the crimes filed against him. Moreover, as already stated, the trial judge failed to require the prosecution to present its evidence. We have consistently held that the taking of the testimony is the prudent and proper course to follow for the purpose of establishing not only the guilt but also the precise degree of culpability of the accused taking into account the presence of other possible aggravating or mitigating circumstances — and thereafter, to make the accused present his own evidence x x x.
x x x x
It must be stressed that under the 1985 Rules of Criminal Procedure, a conviction in capital offenses cannot rest alone on a plea of guilt. The prosecution evidence must be sufficient to sustain a judgment of conviction independently of the plea of [guilty].
We, therefore, cannot accept as valid the plea of guilty entered by the appellant to the three charges of rape. His re-arraignments as to the three charges are fatally flawed. The trial court erred in believing that the questions propounded to the appellant and the latter's answers as well as the documentary exhibits offered by the People would aid it in determining whether the accused really and truly understood and comprehended the meaning, full significance and consequences of his plea.
It likewise erred in allowing the prosecution to dispense with the testimonies of the complaining witnesses. As we have ruled, even if the trial court is satisfied that the plea of guilty was entered with full knowledge of its meaning and consequences, the introduction of evidence to establish the guilt and the degree of culpability of the accused is still required. Judges therefore must be cautioned, toward this end, against the demands of sheer speed in disposing of cases, for their mission after all, and as has been time and again put, is to see that justice is done,35
The presence and participation of counsel in criminal proceedings should never be taken lightly. Even the most intelligent or educated man may have no skill in the science of the law, particularly in the rules of procedure, and, without counsel, he may be convicted not because he is guilty but because he does not know how to establish his innocence. The right of an accused to counsel is guaranteed to minimize the imbalance in the adversarial system where the accused is pitted against the awesome prosecutory machinery of the State. Such right proceeds from the fundamental principle of due process which basically means that a person must be heard before being condemned.38The imbalance is even greater when an accused pleads guilty to a capital offense. Since the accused has already admitted the crime, the defense is left with the task of mitigating the consequences of the guilty plea. This is when counsel of the accused is called upon to be more vigilant and protective of the rights of his client.
Endnotes:
1 The Federal Rules of Criminal Procedure does not require the presentation of evidence after a guilty plea. Rule 11 thereof provides:
(a) Entering a Plea.(1) In General. A defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere.(b) Considering and Accepting a Guilty or Nolo Contendere Plea.
(2) Conditional Plea. With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A defendant who prevails on appeal may then withdraw the plea.
(3) Nolo Contendere Plea. Before accepting a plea of nolo contendere, the court must consider the parties' views and the public interest in the effective administration of justice.
(4) Failure to Enter a Plea. If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty.(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or noio contendere, the defendant may be placed under oath, and the court must addrecs the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:cralawred2 In 1900, US colonial officials issued General Order No. 58, the relevant provision of which reads: SECTION 25. A plea of guilty can be put in only by the defendant himself in open court. The court may at any time before judgment upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted.(A) the government's right, in a prosecution for perjury or false statement, to use against the defendant any statement that the defendant gives under oath;(2) Ensuring That a Plea Is Voluntary. Before accepting a plea of guilty or nolo
(B) the right to plead not guilty, or having already so pleaded, to persist in that plea;
(C) the right to a jury trial;
(D) the right to be represented by counsel—and if necessary have the court appoint counsel—at trial and at every other stage of the proceeding;
(E) the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses;
(F) the defendant's waiver of these trial rights if the court accepts a plea of guilty or nolo contendere;
(G) the nature of each charge to which the defendant is pleading;
(H) any maximum possible penalty, including imprisonment, fine, and term of supervised release;
(I) any mandatory minimum penalty;
(J) any applicable forfeiture;
(K) the court's authority to order restitution;
(L) the court's obligation to impose a special assessment;
(M) in determining a sentence, the court's obligation to calculate the applicable sentencing-guideline range and to consider that range, possible departures under the Sentencing Guidelines, and other sentencing factors under 18 U.S.C. §3553(a);
(N) the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the sentence; and
(O) that, if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future.
contendere, the court must address the defendant personally in open court and
determine that the plea is voluntary and did not result from force, threats, or promises
(other than promises in a plea agreement).
(3) Determining the Factual Basis for a Plea. Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.
1940 RULES OF COURT, Rule 114, Sec. 5, and 1964 RULES OR COURT. Rule 118, Sec. 5 provide:
SECTION 5. Pica of Guilty — Determination of Punishment. — Where the defendant pleads guilty to a complaint or information, if the court accepts the plea and has discretion as to the punishment for the offense, it may hear witnesses to determine what punishment shall be imposed.
3 6 Phil. 541 (1906).
4 SECTION 32 of General Order No. 58 provides:
In courts of first instance or similar jurisdiction each witness must be duly sworn and his testimony reduced to writing as a deposition by the court or under its direction. The deposition must state the name, residence, and occupation of the witness. It must contain all questions put to the witness and his answers thereto. If a question put is objected to and the objection be either over-ruled or sustained, the fact of objection and its nature, together with the ground on which it shall have been sustained or over-ruled must be stated, or if a witness declines to answer a question put, the fact and the proceedings taken thereon shall be entered in the record. The deposition must be read to the witness and made to conform to what he declares to be the truth. He must sign the same, or, if he refuses, his reason for such refusal must be stated. It must also be signed by the magistrate and certified by the clerk. In cases where an official stenographer is engaged, the testimony and proceedings may be taken by him in shorthand, and it will not be necessary to read the testimony to the witness nor for the latter to sign the same; but a transcript of the record made by the official stenographer and certified as correct by him shall be prima facie a correct statement of such testimony and proceedings. Supra note 3 at 542-543. Emphasis and underscoring supplied.
5 Supra note 3 at 542-543. Emphasis and underscoring supplied.
6 9 Phil. 426 (1907).
7 Id. at 431-432. Emphasis arid underscoring supplied.
8 31 Phil. 91 (1915).
9 Id. at 92-94. Emphasis and underscoring supplied.
10 37 Phil. 305 (1917).
11 Id. at 314-318. Emphasis and underscoring supplied.
12 Id. at 316-317.
13People v. Nuelan, G.R. No. 123075, October 8, 2001, 366 SCRA 705, 713.
14People v. Pastor, G.R. No. 140208, March 12, 2002, 379 SCRA 181, 189-190.
15People v. Besonia, G.R. Nos. 151284-85, February 5, 2004, 422 SCRA 210, 225.
16 See Dissenting Opinion of Justice Lazaro-Javier, p. 6.
17 RULES OF COURT, Rule 129, Sec. 4:cralawredSECTION. 4. Judicial admissions. - An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.18 See Dissenting Opinion of Justice Lazaro-Javier, p. 6.
19People v. Satorre, G.R. No. 133858, August 12, 2003, 408 SCRA 642, 648.
20 RULES OF COURT, Rule 133, Sec. 3:
SECTION 3. Extrajudicial confession, not sufficient ground for conviction. — An extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti.
See also People v. Lim, G.R. No. 90021, May 8, 1991, 196 SCRA 809, 815.
21 See Dissenting Opinion of Justice Perlas-Bernabe, pp. 2-6.
22People v. Pangilinan, G.R. No. 171020, March 14, 2007, 518 SCRA 358, 371.
23People v. Bello, G.R. Nos. 130411-14, October 13, 1999, 316 SCRA 804, 813-814.
24People v. Molina, G.R. Nos. 141 129-33, December 14, 2001, 372 SCRA 378, 388.
25 G.R. No. 77685, April 15, 1988, 160 SCRA 728.
26 1985 RULES OF CRIMINAL PROCEDURE, Rule 116, Sec. 3 reads:cralawredSECTION 3. Plea of Guilty to Capital Offense; Reception of Evidence. — When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf.Except for the deletion of the word "also" in the last sentence, Section 3, Rule 116 of the 1985 Rules of Criminal Procedure was reproduced verbatim in Section 3, Rule 116 of the 2000 Revised Rules of Criminal Procedure.
27 Supra note 25 at 734-735. Emphasis and underscoring supplied.
28 G.R. Nos. 133387-423, March 31, 2000, 329 SCRA 513.
29 Id. at 523-526.
30 G.R. Nos. 135438-39, April 5, 2000, 329 SCRA 758.
31 Id. at 764, 767.
32 G.R. Nos. 141129-33, December 14, 2001, 372 SCRA 378.
33 Id. at 389-393. Emphasis and underscoring supplied.
34 G.R. Nos. 137256-58, August 6, 2003, 408 SCRA 391.
35 Id. at 307-402. Emphasis supplied.
36People v. Besonia, supra note 15 at 225.
37 See ponencia, pp. 50-52.
38People v. Santocildes, Jr., G.R. No. 109 149, December 21,1999, 321 SCRA 310, 315-316.
39People v. Domingo, G.R. No. 204895, March 21, 2018, 859 SCRA 564, 567.
40Coscolluela v. Sandiganbayan, G.R. No. 191411, July 15, 2013, 701 SCRA 188, 200.
41 Id. at 199-200.
42 See Opinion of Justice Lazaro-Javier, pp. 5-6.
LAZARO-JAVIER, J.:
To remand or not to remand, that is the question.
The ponencia correctly identifies the applicable legal principles, to wit:
(i) | At present, the three-fold duty of the trial court in instances where the accused pleads guilty to a capital offense is as follows: (1) conduct a searching inquiry, (2) require the prosecution to prove the accused's guilt and precise degree of culpability, and (3) allow the accused to present evidence on his behalf. |
(ii) | A justiciable template exists as to the procedure and contents of the searching inquiry (which I like to refer to now as the initial searching inquiry) not only to satisfy the trial judge himself but also to aid the Supreme Court in determining whether the accused really and truly understood and comprehended the meaning, full significance, and consequences of his plea. |
(iii) | The rule is that a remand of the case must be made - |
where as a result of [an improvident guilty plea] there was inadequate representation of facts by either the prosecution or the defense during the trial. Where the improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all played by the defense, we have ruled that this procedure was just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life. What justifies the remand of the criminal case to the trial court is the unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilt.1However, I most respectfully dissent when the ponencia refused to remand the instant case to the trial court because the prosecution was allegedly given four real and meaningful opportunities to present its witnesses but failed to do so despite subpoenas having been supposedly served upon its witnesses. I also do not subscribe to its insistence on acquitting appellant as a result of the inability of the prosecution to adduce evidence on any of the four hearing dates it was allotted. Like Justice Rodil Zalameda, I do not agree with the ponencia that the failure of the trial process to abide by the mandated procedure should result in the foregone perfunctory acquittal of appellant.
This Court notes with deep regret the failure of the trial court to inquire from accused-appellant himself whether he wanted to present evidence; or submit his memorandum elucidating on the contradictions and insufficiency of the prosecution evidence, if any; or in default thereof, file a demurrer to evidence with prior leave of court, if he so believes that the prosecution evidence is so weak that it need not even be rebutted. The inquiry is simply part and parcel of the determination of the validity of the waiver, i.e., "not only must be voluntary, but must be knowing, intelligent, and done with sufficient awareness of the relevant circumstances and likely consequences" which ought to have been done by the trial court not only because this was supposed to be an uncomplicated and routine task on its part, but more importantly since accused-appellant himself did not personally, on a person-to-person basis, manifest to the trial court the waiver of his own right.There is no reason why the Court should not require of the public prosecution service the same standards for determining the validity of its carte blanche waiver to present its evidence without even a single verified information from its witnesses why they would no longer be attending any of the trial dates at all. The reason lies in the fact that the prosecution and punishment or correction of criminal offenders is a vital concern of the State, vital to its very existence. The interests of the people should not be sacrificed or jeopardized by the ignorance, negligence or malicious conduct of its prosecutors.
As things stand, both this Court and the trial court being asked hook, line and sinker to take the word of counsel de oficio whose own concern in that particular phase of the proceedings a quo may have been compromised by pressures of his other commitments. For all we know, the statutory counsel of the indigent accused at that time of the trial, although not evident in the other aspects of his representation, only wanted to get rid of dreary work rather than protect the rights of his client.... But, for sure, we must inquire if the waiver was validly done.
The inquiry sought herein is not unprecedented.... To emphasize, the lower court ought to have inquired into the voluntariness and full knowledge of the consequences of accused-appellant's waiver, and prudence requires this Court to ascertain the same if only to avoid any grave miscarriage of justice...
Henceforth, to protect the constitutional right to due process of every accused in a capital offense and to avoid any confusion about the proper steps to be taken when a trial court comes face to face with an accused or his counsel who wants to waive his client's right to present evidence and be heard, it shall be the unequivocal duty of the trial court to observe, as a prerequisite to the validity of such waiver, a procedure akin to a "searching inquiry" as specified in People v. Aranzado when an accused pleads guilty, particularly —
1. The trial court shall hear both the prosecution and the accused with their respective counsel on the desire or manifestation of the accused to waive the right to present evidence and be heard.
2. The trial court shall ensure the attendance of the prosecution and especially the accused with their respective counsel in the hearing which must be recorded. Their presence must be duly entered in the minutes of the proceedings.
3. During the hearing, it shall be the task of the trial court to —
a. ask the defense counsel a series of question to determine whether he had conferred with and completely explained to the accused that he had the right to present evidence and be heard as well as its meaning and consequences, together with the significance and outcome of the waiver of such right. If the lawyer for the accused has not done so, the trial court shall give the latter enough time to fulfill this professional obligation.
b. inquire from the defense counsel with conformity of the accused whether he wants to present evidence or submit a memorandum elucidating on the contradictions and insufficiency of the prosecution evidence, if any, or in default theory, file a demurrer to evidence with prior leave of court, if he so believes that the prosecution evidence is so weak that it need not even be rebutted. If there is a desire to do so, the trial court shall give the defense enough time to this purpose.
c. elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed waiver.
d. all questions posed to the accused should be in a language known and understood by the latter, hence, the record must state the language used for this purpose as well as reflect the corresponding translation thereof in English.
Convictions based on an improvident plea of guilt are set aside only if such plea is the sole basis of the judgment. If the trial court relied on sufficient and credible evidence to convict the accused, the conviction must be sustained, because then it is predicated not merely on the guilty plea of the accused but on evidence proving his commission of the offense charged. Thus, as we have ruled in People v. Derilo:cralawredBut the case here is different. The case records are bereft of any evidence from the prosecution. Evidently, there was no basis for appellant's conviction other than his improvident plea of guilt. The exception enunciated in Gumimba, therefore, is inapplicable here. Instead, the Court ought to apply the general rule and remand the case to the trial court.While it may be argued that appellant entered an improvident plea of guilty when re-arraigned, we find no need, however, to remand the case to the lower court for further reception of evidence. As a rule, this Court has set aside convictions based on pleas of guilty in capital offenses because of improvidence thereof and when such plea is the sole basis of the condemnatory judgment. However, where the trial court receives evidence to determine precisely whether or not the accused has erred in admitting his guilt, the manner in which the plea of guilty is made (improvidently or not) loses legal significance, for the simple reason that the conviction is based on evidence proving the commission by the accused of the offense charged.
Thus, even without considering the plea of guilty of appellant, he may still be convicted if there is adequate evidence on record on which to predicate his conviction, xxx (emphases added)
Endnotes:
1People v. Murillo, 478 Phil 446, 464-465 (2004).
2 SECTION 6. Service. — Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him the fees for one day's attendance and the kilometrage allowed by these Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered. (6a, R23)
3 SECTION 8. Compelling Attendance. — In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the court or officer where his attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. (11, R23)
4 SECTION 9. Contempt. — Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto diall be punished in accordance with the applicable law or Rule. (12a, R23)
5People v. Espidol, 485 Phil. 35, 54 (2004); People v. Besonia, 466 Phil. 822, 841-842 (2004); People v. Camay, 236 Phil. 431, 434 (1987).
6Heirs of Tria v. Obias, 650 Phil. 449 (2010).
7 446 Phil. 838, 850-851 (2003).
8Mamolo Sr. v. Narisma, 322 Phil. 670, 675 (1996); Zuño v. Cabebe, 486 Phil. 605, 615 (2004); Marzan-Gelacio v. Flores, 389 Phil. 372, 383 (2000). With clear-cut procedural guidelines on bail now incorporated in the Rules of Court, judges have been enjoined to study them well and be guided accordingly. Concededly, judges cannot be faulted for honest lapses in judgment but this defense has become shopworn from overuse. To reiterate, although the Provincial Prosecutor had interposed no objection to the grant of bail to the accused, respondent judge should have set the application or petition for bail for hearing. 28 If the prosecution refuses to adduce evidence or fails to inteipose an objection to the motion for bail, it is still mandatory for the court to conduct a hearing or ask searching and clarificatory questions. 29 For even the failure of the prosecution to interpose an objection to the grant of bail to the accused will not justify such grant without a hearing. Borinaga v. Tainin, 297 Phil. 223, 225-226 (1993).
9 People v. Galvez, 428 Phil. 438 (2002), People v. Nuelan, 419 Phil. 160 (2001); People v. Abapo, 385 Phil. 1175 (2000); People v. Durango, 386 Phil. 202 (2000); People v. Ernas, 455 Phil. 829 (2003); People v. Murillo, 478 Phil. 446 (2004); People v. Besonia, 466 Phil. 822 (2004).
10People v. Benavidez, 437 Phil. 831 (2002).
11 385 Phil. 1175,(2000).
12 545 Phil. 627, 651 (2007).
13 338 Phil. 350, 374 (1997). See also People v. Ostia, 446 Phil. 181 (2003); People v. Nismal, 199 Phil. 649 (1982); People v. Petalcorin, 259 Phil. 1173 (1989).
"To ferret out the truth in the maze of the conflicting claims of opposing parties is the Herculean task of the courts, the path which must always be illuminated by reason and justice. Tribunals shoidd always insist on having the truth and judging only upon satisfactory evidence of the truth. The quest for truth is their main responsibility. To judge by means of untruths is to debase the noblest function in the hands of humanity." 1chanroblesvirtuallawlibrary
1. Ascertain from the accused himself:cralawredProposed amendments on trial procedure(a) how he was brought into the custody of the law;2. Ask the defense counsel a series of questions as to whether he had conferred with, and completely explained to, the accused the meaning and consequences of a plea of guilty.
(b) whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and
(c) under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.
3. Elicit information about the personality profile of the accused, such as his age, socio-economic status, and educational background, which may serve as a trustworthy index of his capacity to give a free and informed plea of guilty.
4. Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. For not infrequently, an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is the duty of the judge to ensure that the accused does not labor under these mistaken impressions because a plea of guilty carries with it not only the admission of authorship of the crime proper but also of the aggravating circumstances attending it, that increase punishment.
5. Inquire if the accused knows the crime with which he is charged and fully explain to him the elements of the crime which is the basis of his indictment. Failure of the court to do so would constitute a violation of his fundamental right to be informed of the precise nature of the accusation against him and a denial of his right to due process.
6. All questions posed to the accused should be in a language known and understood by the latter.
7. The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must be required to narrate the tragedy or reenact the crime or furnish its missing details.31
Plea of guilty to a capital offense; sentencing procedure- When the accused pleads guilty to a capital offense or those crimes punishable by reclusion perpetua and life imprisonment, and only if the court is satisfied of the voluntariness, comprehension and factual basis of the plea, the court shall:Arguably, the specificity in the conduct of searching inquiry may entail prolonged arraignment proceedings. Likewise, the proposed rule on immediate sentencing may demand more effort from the parties1 counsels. Nonetheless, I am optimistic that my proposal would be mutually beneficial to the accused and the State if implemented properly. Under these proposed rules, the accused is given the benefit of mitigation of punishment, while lengthy trials are also avoided. Although trial is summary in nature, the accused does not lose protections currently guaranteed to him by the Constitution and the laws. Courts are still fully empowered to order acquittal should the prosecution fail to prove its accusations with moral certainty.
1. require the prosecutor to-2. Clarify from the accused the factual basis of the plea, specifically whether:cralawred
a) summarize the prosecution's case; b) identify in writing any offense that the prosecutor proposes should be taken into consideration in sentencing; c) provide information relevant to sentence, including— i. any previous conviction of the accused, and the circumstances where relevant, ii . any statement of the effect of the offense on the victim, the victim's family or others; and d) identify any other matter relevant to sentence, including— i. the legislation applicable, ii. any sentencing guidelines, or case law applicable, iii. aggravating and mitigating circumstances affecting the accused's culpability.3. Before passing sentence, the court must give the accused an opportunity to introduce evidence relevant to sentence.
a) the accused wants to be sentenced on the basis of the facts agreed with the prosecutor; or b) in the absence of such agreement, the accused wants to be sentenced on the basis of different facts to those proposed by the prosecution.
4. Should the court be satisfied that the guilt of the accused be established by proof beyond reasonable doubt, the trial court shall convict him of the appropriate offense. Otherwise, the court shall enter a judgment of acquittal.
5. When the court has taken into account all the evidence, information and any report available, the court shall sentence the accused, and must-Plea of guilty to non-capital offense; reception of evidence, discretionary. — When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed.
a) explain the factual and legal basis for the sentence; b) explain to the accused its effect, and the consequences of failing to comply with any order or payment of civil liability.
The court may require the prosecution to:cralawredRecord of proceedings. — A verbatim record of the proceedings of arraignment should be made and preserved.
a) summarize the prosecution's case; b) identify any offense to be taken into consideration in sentencing; c) provide information relevant to sentence, including any statement of the effect of the offense on the victim, the victim's family or others; and d) where it is likely to assist the court, identify any other matter relevant to sentence, including— i. the legislation applicable, ii. any sentencing guidelines, or case law applicable, iii. aggravating and mitigating circumstances affecting the accused's culpability.
Endnotes:
1Eduarte v. People, G.R. No. 176566, 16 April 2009; 603 Phil. 504 (2009).
2Ponencia, pp. 7-8.
3 Section 3. Exclusions. — The following periods of delay shall be excluded in computing the time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:cralawred(1) Delay resulting from an examination of the physical and mental condition of the accused;(b) Any period of delay resulting from the absence or unavailability of an essential witness.
(2) Delay resulting from proceedings with respect to other criminal charges against the accused;
(3) Delay resulting from extraordinary remedies against interlocutory orders;
(4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
(6) Delay resulting from a finding of the existence of a prejudicial question; and
(7) Delay reasonably attributable to any period, not exceed thirty (30) days, during which any proceeding which any proceeding concerning the accused is actually under advisement.
For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted.
(f) Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial.
4 G.R. Nos. 206438, 206458 & 210141-42, 31 July 2018.
5Ponencia, p. 20.
6 Sec. 8 (b) of the Rules on Criminal Procedure provides: Section 8. (a) xxx
(b) Record of preliminary investigation. — The record of the preliminary investigation, whether conducted by a judge or a fiscal, shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party. (Emphasis ours)
7Id., See also Uy v. Office of the Ombudsman, G.R. Nos. 156399-400, 27 June 2008; 578 Phil. 635 (2008).
8Records, pp. 2-7, Affidavits of Angelito Pagal, Cesar Jarden, and Jaimelito Canlupas.
9Id. at 4-5, Affidavit of Cesar Jarden dated 08 January 2009.
10See People v. Reyes, G.R. No. 178300, 17 March 2009; 600 Phil. 738 (2009).
11See Dissenting Opinion, J. Puno, People v. Lacson, G.R. No. 149453, 01 April 2003; 448 (2003).
12Id.
13 98 S.E. 615 (1919).
14 14 N.E.2d 397 (III. October 22, 1937).
15 673 P.2d 1101 (1983); reiterated in State v. Cadle, 2015 Kan. App. Unpub. LEXIS 530 (Kan. Ct. App. June 26, 2015).
16United States v. Oliver, 950 F.3d 556 (8th Cir. Minn. February 19, 2020).
17 Rule 48. Dismissal
(a) By the Government. The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
18See De Lima v. Reyes, G.R. No. 209330, 11 January 2016; 776 Phil. 623 (2016).
19Magleo v. De Juan-Quinagoran, A.M. No. RTJ-12-2336, 12 November 2014.
20Id.
21Records, p. 48, Order dated 11 May 2011.
22People v. Besonia, G.R. Nos. 151284-85, 05 February 2004; 466 Phil. 822 (2004).
23Tan v. People, G.R. No. 173637, 21 April 2009; 604 Phil. 68 (2009); Valencia v. Sandiganbayan, G.R. No. 165996, 17 October 2005; 510 Phil. 70 (2005).
24 See Pagdilao, Jr. v. Angeles, A.M. No. RTJ-99-1467, 05 August 1999; 370 Phil. 780 (1999).
25Valencia v. Sandiganbayan, supra.
26People v. Besonia, G.R. Nos. 151284-85, 05 February 2004; 466 Phil. 822 (2004).
27People v. Nuelan, G.R. No. 123075, 08 October 2001; 419 Phil. 160 (2001).
28Ponencia, p.26.
29Class v. United States, 138 S. Ct. 798 (2018), Lee v. United States, 137 S. Ct. 1958 (2017), https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3772&context=bclr > (visited 29 September 2020); McCarthy v. United States, 394 U.S. 459 (1969), < https;//www.leagle.com/decision/1969853394us4591800 > (visited 29 September 2020).
30 G.R. No. 172707, 01 October 2013; 718 Phil. 507 (2013).
31Id.
32See Reflections, p. 4, J. Lazaro-Javier
33 397 U.S. 742.
34Id.
35 See Reflections, p. 1, J. Lopez.
36 https://www.justia.com/criminal/docs/frcrimp/rule11/ (visited 29 September 2020); See also https://www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_guiltypleas_blk/ (visited 29 September 2020).
LOPEZ, J.:
With due respect to the ponencia, I disagree to acquit the accused. Foremost, the improvident plea of guilt warrants the remand of this case to the trial court for appropriate proceedings. The absence of a searching inquiry as required under Section 3, Rule 116 of the 2000 Revised Rules of Criminal Procedure, and the accused's subsequent appeal indicate that the plea of guilty may not have been voluntarily and intelligently made. These were aptly observed in the reflections of Justices Estela Perlas-Bernabe, Amy Lazaro-Javier, Rodil Zalameda, Edgardo De Los Santos, and Samuel Gaerlan. Thus, the accused should be re-arraigned to enter a proper plea so the court may render a valid verdict.
Moreover, even assuming that the plea of guilty is proper, I submit that the case should still be remanded because the trial court committed an error or abuse of discretion when it allowed nolle prosequi amounting to dereliction of duty. Notably, once an information has been filed, any disposition of the case, whether it results In dismissal, conviction, or acquittal of the accused, rests in the sound discretion of the trial court. The only limitation is that the accused's substantial rights must not be impaired, and the State should not be deprived of due process.1 Considering that there was already a plea of guilty, the trial court should have directed the prosecution, under pain of contempt, to prove the corpus delicti and to require the presentation of the victim's death certificate, the autopsy report, and the investigation report, which are all readily available. These documentary pieces of evidence, coupled with the accused's confession, may satisfy the required quantum of evidence to secure a conviction, at least for the crime of homicide, assuming that no eyewitness can be presented to the court.
It is my humble view that when an accused pleaded guilty, and the trial court is satisfied that it is voluntarily and intelligently made, meaning it is not improvident, the accused's presumption of innocence is already rebutted. A plea of guilty is an admission of the material facts alleged in the information and must be considered a judicial confession of guilt.2 A free and voluntary confession of guilt with full comprehension of its significance should be considered as evidence of high order because no person of a normal mind will deliberately admit to a crime unless prompted by truth and conscience.3 As such, the State and the private offended parties become interested in the proper sentencing of the accused. The ascertainment of the appropriate penalty is for the benefit of both the accused and the State. The right to a speedy trial or speedy disposition of the case is no longer material because the accused deserves to be serving his sentence. If there is any delay, the same cannot be considered prejudicial to the accused but on the State who is the real victim entitled to retribution for the crime committed. It must be stressed that the State also deserves due process for the speedy punishment of the accused.
Accordingly, the remand of this case is proper to afford the State its right to penalize the accused based on the crime he voluntarily pleaded. The crime of homicide, which does not per se require reception of evidence in cases of a plea of guilty,4 is considered subsumed as a lesser offense to the crime of murder.5 Yet, a conviction for the lesser offense may not be a commensurate penalty or punishment for the crime that the accused has confessed. Justice is better served if the accused will be convicted for the proper offense. The State does not deserve conviction for a lesser offense, worse an acquittal of the accused.
Accordingly, I join my esteemed colleagues that this case should be remanded to the trial court for appropriate proceedings. I also join their observations on the need to codify proper searching inquiry guidelines and other relevant procedures that the trial court may follow in cases when an accused pleads guilty to a capital offense.
Endnotes:
1Fuentes v. Saindiganbayan, 527 Phil. 58, 65 (2006).
2People v. Lagarto, 274 Phil. 11, 17 (1991); and People v. Perete v. et al., 111 Phil. 943, 945 (1961).
3United States, v. De los Santos, 24 Phil. 329. 358 (1913).
4 Under Section 4, Rule 116 of THE RULES OF COURT, reception of evidence is discretionary in cases ofa plea of guilty for a non-capital offense.
5People v. Glino, 564 Phil. 396 (2007). Also, Rule 120. See 4. which provides: "Sec. 4. Judgment in case of variance between allegation and proof. — When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved."
DELOS SANTOS, J.:
I dissent. I vote that the case be remanded to the Regional Trial Court (RTC) for the conduct of appropriate proceedings. The accused Brendo P. Pagal (accused) in this case entered a plea of guilty to the crime of Murder against victim Selma Pagal (Selma). The RTC found accused guilty beyond reasonable doubt of the said crime solely on such voluntary plea of guilt. On appeal, the Court of Appeals (CA) remanded the case to the RTC for the conduct of further proceedings, particularly for the conduct of a searching inquiry on the voluntariness of accused's plea of guilt as required by Rule 116, Section 3 of the Rules of Court.
The ponente's view is that the accused must be acquitted on the ground that the prosecution failed to present evidence of guilt beyond reasonable doubt.
I most respectfully disagree.
Article III, Section 14 of the 1987 Constitution provides:
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.Rule 116, Section 3 of the Rules of Court provides:cralawred
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Emphasis supplied)
Section 3. Plea of guilty to capital offense; reception of evidence. -When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and trill comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.As correctly observed by the ponente, under Rule 116, Section 3 of the Rules of Court, the trial court has a three (3)-fold duty in instances where the accused pleads guilty to a capital offense, including the duty to: (1) conduct a searching inquiry; (2) require the prosecution to prove the accused's guilt and the accused's precise degree of culpability; and (3) allow the accused to present evidence in his behalf. In People v. Tizon,1 the Court explained the importance of the requirements of the searching inquiry under Rule 116, Section 3 of the Rules of Court, to wit:cralawred
This Court has had occasion to state that the requirements of the Rules are mandatory, affording, such as they do, the proper understanding of the all-important constitutional mandate regarding the right of an accused to be so informed of the precise nature of the accusation leveled against him so essential in aptly putting up his defense. The searching inquiry, which must be recorded, requires the court to make it indubitably certain that the accused is fully apprised of the consequences of his plea of guilt. In this case, peculiarly, the court must let the [accused] realize that a plea of guilt will not, under Republic Act No. 7659, affect or reduce the death penalty as he may have otherwise so perceived and come to believe or been advised. Not infrequently, said the Court in one case, an accused pleads guilty in the hope of a lenient treatment or upon promises of the authorities or parties of a lighter penalty, and it should compel the judge to make sure that he does not labor under these mistaken impressions. In sum, the searching inquiry under Section 3, Rule 116 must focus on: (1) the voluntariness of the plea, and (2) a complete comprehension of the legal effects of the plea, so that the plea of guilt is based on a free and informed judgment. So indispensable is this requirement that a plea of guilt to a capital offense can be held null and void where the trial court has inadequately discharged the duty of conducting the prescribed "searching inquiry." (Emphasis supplied; italics in the original)In the case at bar, it has not been clearly established that the RTC performed its duty under the 1987 Constitution and the Rules of Court. Clearly, besides reading the Information in accused's Cebuano-Visayan dialect, there is nothing in the records of the case that would suggest that the RTC: (1) specifically inquired into the voluntariness of accused's plea of guilt; and (2) proved accused's complete comprehension of the legal effects of his plea of guilt to the capital offense of Murder. Considering that the preliminary investigation conducted on accused was marred by a number of irregularities, I respectfully believe that there should have been at least a second or further searching inquiry conducted by the RTC and the accused, who pleaded guilty to the capital offense, should be not acquitted solely on the basis of the failure of the prosecution to produce evidence of guilt beyond reasonable doubt. In this case, a further searching inquiry is proper to ensure that the criminal due process requirements under the 1987 Constitution are observed. Any acquittal which does not meet the requirements of the 1987 Constitution is inoperative.
During the preliminary investigation, all of the affiants narrated that they saw the wounded victim, Selma, running away from the accused-appellant, who was then carrying a bloodied bolo. One of them was even attacked by accused-appellant, but managed to run and evade the strike. It is interesting to note that most of these affiants are related to accused- appellant. Private complainant, Angelito Pagal (Angelito), is accused-appellant's brother, while one of the witnesses, Cesar Jarden (Jarden), is Selma's brother, both of whom were not shown to have been impelled by improper motives in implicating accused-appellant. Indeed, if it is unnatural for a relative interested in vindicating a crime done to their family to accuse somebody other than the real culprit, it is even more unlikely for a sibling to accuse his own brother if the latter was truly not involved in the crime. Evidently, the aforesaid circumstances are sufficient to engender a belief that accused-appellant was likely responsible for Selma's death and should be held for trial.Indeed, it is highly likely that the absence of the key witness was prompted by accused's plea of guilt. Given his relationship with accused, the key witness would surely have considered his testimony as inconsequential considering that accused had already entered his plea of guilt. In People v. Besonia,3 the Court ruled that where the prosecution unduly relied on accused's plea of guilt and that the said plea had already adversely influenced or impaired the presentation of the prosecution's evidence, the remand to the RTC for further proceedings is already imperative, to wit:cralawred
Given the relationship between accused-appellant and private complainant, one has to wonder whether the plea of guilt had affected the prosecution's presentation of its evidence. A reading of the case's records reveals that the cause for the postponement of the prosecution's presentation of evidence was the absence of Selma's widower and private complainant, Angelito. It is not far-fetched to consider that Angelito's absences were based upon his reliance on his own brother's admission of guilt.2
Apparently, the trial court and the prosecution unduly relied on Besonia's plea of guilty and his admissions made during the searching inquiry. The prosecution did not discharge its obligation as seriously as it would have had there been no plea of guilt on the part of Besonia. Its presentation of its case was lacking in assiduity that is necessarily expected in a prosecution for a capital offense; it was too meager to be accepted as being the standard constitutional due process at work enough to forfeit a human life. It has been held that where the plea of guilt to a capital offense has adversely influenced or impaired the presentation of the prosecution's case, the remand of the case to the trial court for further proceedings is imperative.
(a) how he was brought into the custody of the law; (b) whether he had the assistance of a competent counsel during the custodial and preliminary investigations; and (c) under what conditions he was detained and interrogated during the investigations. This is intended to rule out the possibility that the accused has been coerced or placed under a state of duress either by actual threats of physical harm coming from malevolent quarters or simply because of the judge's intimidating robes.
Endnotes:
1 375 Phil. 1096 (1999).
2 Justice Rodil V. Zalameda, Dissenting Opinion, p. 4.
3 466 Phil. 822 (2004).
4 718 Phil. 507 (2013).
GAERLAN, J.:
I disagree with the conclusion of the ponencia acquitting Brendo P. Pagal a.k.a. "Dindo" (appellant) of the crime of Murder.
The ponencia made an exhaustive narration of the evolution of the duty of trial courts in instances where the accused pleaded guilty to a capital offense. Thereafter, the ponente made the pronouncement that Section 3, Rule 116 of the 2000 Revised Rules of Court (Section 3, Rule 116)1 is indeed mandatory. The ponente then summarized the duties of the trial court when accused pleads guilty to a capital offense, viz.:
(1) to conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea of guilt[;]Applying the foregoing conditions to the above-entitled case, the ponente concluded that the trial court failed to comply with these duties and declared that appellant made an improvident plea of guilt. Notwithstanding, the ponente acquitted appellant from the crime charged on the ground that the prosecution, despite being given its day in court, failed to present evidence to prove appellant's guilt.
(2) to require the prosecution to still prove the guilt of the accused and the precise degree of his culpability[;] and
(3) to inquire whether or not the accused wishes to present evidence in his behalf and allow him to do so if he desires.2
1. The court must conduct a searching inquiry into the voluntariness xxx and full comprehension [by the accused] of the consequences [of his plea];
2. The court must require the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability; and
3. The court must ask the accused [whether] he desires to present evidence on his behalf, and allow him to do so if he [so] desires.3 (Citation omitted)
Convictions based on an improvident plea of guilt are set aside only if such plea is the sole basis of the judgment. If the trial court relied on sufficient and credible evidence to convict the accused, the conviction must be sustained, because then it is predicated not merely on the guilty plea of the accused but on evidence proving his commission of the offense charged.5 (Citation omitted)
x x x x
In view of the foregoing, we find it necessary to remand the case for the proper arraignment and trial of the accused, considering not only the accused's improvident plea of guilt but also his lawyer's neglect in representing his cause. A new trial has been ordered in criminal cases on the ground of retraction of witnesses, negligence or incompetency of counsel, improvident plea of guilty, disqualification of an attorney de oficio to represent the accused in the trial court, and where a judgment was rendered on a stipulation of facts entered into by both the prosecution and the defense.6 (Citations omitted)In People v. Ernas,7 this Court remanded the case to the trial court for re-arraignment and re-trial on the ground that accused was found to have made an improvident plea of guilty to three counts of rape, notwithstanding the fact, that the prosecution opted not to present the testimony of the complaining witnesses in support of accused's conviction, viz.:cralawred
It must be stressed that under the 1985 Rules of Criminal Procedure, a conviction in capital offenses cannot rest alone on a plea of guilt. The prosecution evidence must be sufficient to sustain a judgment of conviction independently of the plea of guilt.Likewise, this Court, in the case of People v. Molina,9 while admitting that there is no strict rule that once a plea of guilty is found to be improvident the case needs to be remanded to the court a quo, made a categorical pronouncement that the unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilt justifies the remand of the criminal case to the trial court,10 to wit:cralawred
We, therefore, cannot accept as valid the plea of guilty entered by the appellant to the three charges of rape. His re-arraignments as to the three charges are fatally flawed. The trial court erred in believing that the questions propounded to the appellant and the latter's answers as well as the documentary exhibits offered by the People would aid it in determining whether the accused really and truly understood and comprehended the meaning, full significance and consequences of his plea.
It likewise erred in allowing the prosecution to dispense with the testimonies of the complaining witnesses. As we have ruled, even if the trial court is satisfied that the plea of guilty was entered with full knowledge of its meaning and consequences, the introduction of evidence to establish the guilt and the degree of culpability of the accused is still required. Judges therefore must be cautioned, toward this end, against the demands of sheer speed in disposing of cases, for their mission after all, and as has been time and again put, is to see that justice is done.8 (Emphasis supplied and citations omitted)
It is also urged in the Brief for the Appellant that an improvident plea of guilty per se results in the remand of the criminal case(s) to the trial court for the re-arraignment of accused-appellant and for further proceedings. We hold that this argument does not accurately reflect the standing principle. Our jurisdiction does not subscribe to a per se rule that once a plea of guilty is deemed improvidently made that the accused-appellant is at once entitled to a remand. To warrant a remand of the criminal case, it must also be proved that as a result of such irregularity there was inadequate representation of facts by cither the prosecution or the defense during the trial. In People v. Abapo we found that undue reliance upon an invalid plea of guilty prevented the prosecution from fully presenting its evidence, and thus remanded the criminal case for further proceedings. Similarly, in People v. Durango where an improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all being played by the defense, we ruled that this procedure was "just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life" and so threw back the criminal case to the trial court for appropriate action. Verily the relevant matter that justifies the remand of the criminal case to the trial court is the procedural unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilty, or what People v. Tizon encapsulizes as the "attendant circumstances."This was reiterated in the case of People v. Murillo,12 thus:cralawred
Where facts are however adequately represented in the criminal case and no procedural unfairness or irregularity has prejudiced either the prosecution or the defense as a result of the improvident plea of guilty, the settled rule is that a decision based on an irregular plea may nevertheless be upheld where the judgment is supported beyond reasonable doubt by other evidence on record since it would be a useless ritual to return the case to the trial court for another arraignment and further proceedings.11 (Emphasis supplied and citations omitted.)
While our jurisdiction does not subscribe to a per se rule that once a plea of guilty is found improvidently he is at once entitled to a remand, the circumstances of this case warrant that a remand to the trial court be made. To warrant a remand of the criminal case, the Court has held that it must be shown that as a result of such irregularity there was inadequate representation of facts by either the prosecution or the defense during the trial. Where the improvident plea of guilty was followed by an abbreviated proceeding with practically no role at all played by the defense, we have ruled that this procedure was just too meager to accept as being the standard constitutional due process at work enough to forfeit a human life. What justifies the remand of the criminal case to the trial court is the unfairness or complete miscarriage of justice in the handling of the proceedings a quo as occasioned by the improvident plea of guilt. In this case, apart from the testimony of appellant, the prosecution does not have any other evidence to hold him liable for the crime charged.The ponencia should have followed the foregoing precedence.
In view of the foregoing, we find that it is imperative to remand the case for the proper arraignment and trial of the accused, considering not only the accused's improvident plea of guilt but also his lawyer's neglect in representing his cause.13 (Emphasis supplied. Citations omitted.)
xxx [t]he presentation of evidence should be required in order to preclude any room for reasonable doubt in the mind of the trial court, or the Supreme Court on review, as to the possibility that there might have been some misunderstanding on the part of the accuscd as to the nature of the charge to which he pleaded guilty, and to ascertain the circumstances attendant to the commission of the crime which justify or require the exercise of a greater or lesser degree of severity in the imposition of the prescribed penalties."16Accordingly, pursuant to the above-quoted jurisprudence and in compliance with the mandatory character of Section 3, Rule 116, the appellant should be given the opportunity to make a proper plea after ensuring that he is duly informed of the crime charged against him and the consequences of admitting to the commission thereof. Equally important, the prosecution should likewise be given another chance to present its case and prove the allegations in the information, including the qualifying, mitigating or aggravating circumstances, if any. It is important to note that these attending circumstances, if duly proven, will then determine the proper penalty to be imposed.
Endnotes:
1 Sec. 3. Plea of Guilty to Capital Offense; Reception of Evidence. - When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.
2Ponencia, p. 12, citing People v. Gambao, 718 Phil. 507, 520-521 (2013).
3People v. Dalacat, 485 Phil. 35, 47 (2004).
4 381 Phil. 484 (2000).
5 Id. at 499.
6 Id. at 504.
7 455 Phil. 829 (2003).
8 Id. at 842.
9 423 Phil. 637 (2001).
10 Id. at 652.
11 Id. at 651-652.
12 478 Phil. 446 (2004).
13 Id. at 464-465.
14People v. Molina, supra note 9.
15People v. Murillo, supra note 12.
16People v. Dayot, G. R. No. 88281, July 20, 1990, 187 SCRA 637, 642
17 375 Phil. 277 (1999), citing Nitafan, David G. Arraignment in Serious Offenses, December 11, 1995, 251 SCRA 161.
18 Id.at 293-294.