Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

1201-5640 October 10, 2010

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONIC TREPTOR y DESPUIG, accused-appellant. PER CURIAM: We resolve the appeal filed by Ronic Treptor y Despuig (accused-appellant) from the decision of the trial court dated January 20, 2010. Plea of guilt, to be considered a mitigating circumstance, must be made prior to the presentation of the evidence for the trial. FACTS The victim, eighteen (18) years of age, at the time the crime was committed, testified that on December 24, 2009, at about 11:00 oclock in the evening, she was walking along the streets of Baguio when she noticed the accused, a stranger to her, looking drunk, stared at her and started following her. After a few meters of stalking, in a dark alley, the accused, armed with a knife, grabbed her and pulled her in the corner of the street. Then and there the accused willfully, unlawfully and feloniously have carnal knowledge of the victim. After the incident, the accused threatened the victim that he knows where she lives and something bad will happen to her if she reported this incident to anyone. The victim rushed to the authorities to report the crime, the accused was charged and was arrested. After the presentation of the evidence by the prosecution, the accused decided to plead guilty to the offense. Thus, he was sentenced to reclusion perpetua by the trial court. The accused, appealed to this court on the ground that his plea of guilt shall be appreciated as a mitigating circumstance, therefore the penalty shall be lowered. ISSUES Considering the briefs of both sides, this court identified the following issues: I. Whether the plea of guilt of the accused shall be appreciated as a mitigating circumstance. II. Whether this mitigating circumstance would lower to penalty of reclusion perteptua.

OUR RULING We rule in favor of the decision of the trial court. Plea of guilt as a mitigating circumstance. Article 13. (7) of the Revised Penal Code states that:
Art. 13. mitigating circumstances. the following are mitigating circumstances; XXX 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence of the prosecution; (Emphasis ours)

The law is very clear on the matter. The plea of guilt of the accused must be made, prior to the presentation of the evidence of the prosecution, to be considered as a mitigating circumstance. It is a rule in this court that when the law is clear, all we have to do is apply it. That being said, the plea of guilt of the accused cannot be appreciated as a mitigating circumstance. This court finds no reason to resolve the second issue, since the act of the accused is not considered a mitigating circumstance. WHEREFORE, premises considered, the decision of the trial court is hereby AFFIRMED. SO ORDERED.