People v Magat

G.R. No. 130026 | SCRA | May 31, 2000 | Leonardo-De Castro, J

Petition: Petition for Review on Certiorari
Petitioners: People of the Philippines
Respondents: Antonio Magat y Londonio
DOCTRINE

Relevant Provision and Doctrine

Sec. 2. Plea of guilty to a lesser offense.- The accused, with the
consent of the offended party and the fiscal, may be allowed by the
trial court to plead guilty to a lesser offense, regardless of whether or
not it is necessarily included in the crime charged, or is cognizable
by a court of lesser jurisdiction than the trial court. No amendment of
the complaint or information is necessary
If the accused pleads guilty to capital offense, trial courts are now
enjoined: (a) to conduct searching inquiry into the voluntariness and
full comprehension of the consequences of his plea; (b) to require
the prosecution to present evidence to prove the guilt of the accused
and the precise degree of his culpability; and (c) to ask the accused
if he so desires to present evidence in his behalf and allow him to do
so if he desires
FACTS
1. 2 informations were filed against the respondent-accused for allegedly
raping his own daughter who was then 19 years old
2. Upon arraignment, pleaded guilty for a lesser offense
1. Complainants mother and public prosecutor agreed with such
plea bargain
2. Same day of arraignment, he was sentenced GUILTY after such
plea bargain. Sentenced to suffer a jail term of ten (10) years
imprisonment for each case
3. After three months, the cases were revived at the instance of the
complainant on the ground that the penalty imposed was "too light
1. Accused-appellant was re-arraigned on both Informations where
he entered a plea of not guilty
4. Around 3 months thereafter (July 3, 1997), accused-appellant entered
anew a plea of guilty
1. Court propounded questions as to his understanding of the
consequences of his plea
2. Court was convinced of the voluntariness of his plea but
accused-appellant did not present any evidence.
3. Hence, found guilty and sentenced to death by lethal injection

5. Accused-appellant contends that the trial court erred in re-arraigning and

proceeding into trial despite the fact that he was already convicted per
Order of the trial court dated January 10,1997 based on his plea of guilt
1. Alleged that such conviction attained finality as prosecution
did not appeal nor move for reconsideration
2. Accused-appellant likewise posit that the re-arraignment and trial
on the same information violated his right against double
jeopardy
6. Furthermore, accused contends that the Court failed to conduct
searching inquiry to determine if he voluntarily entered his plea of guilty
with full understanding of the consequences of his plea
ISSUES
1. Whether or not the re-arraignment of the accused is valid- YES
RULING & RATIO
a. The January 10, 1997 order of the trial court convicting the accusedappellant on his own plea of guilt is void ab initio on the ground that
accused-appellant's plea is not the plea bargaining contemplated
and allowed by law
a. The only instance where a plea bargaining is allowed under
the Rules is when an accused pleads guilty to a lesser
offense
b. It must be emphasized that accused-appellant did not plead
to a lesser offense but pleaded guilty to the rape charges
and only bargained for a lesser penalty.
c. This is erroneous because by pleading guilty to the offense
charged, accused-appellant should be sentenced to the
penalty to which he pleaded
b. Accused-appellant's plea of guilty is undoubtedly a conditional plea
a. Hence, the trial court should have vacated such a plea and
entered a plea of not guilty for a conditional plea of guilty, or
one subject to the proviso that a certain penalty be imposed
upon him, is equivalent to a plea of not guilty and would,
therefore, require a full-blown trial before judgment may be
rendered
c. Since the judgment of conviction rendered against accused-appellant
is void, double jeopardy will not lie
d. Nonetheless, whatever procedural infirmity in the arraignment of the
accused-appellant was rectified when he was re-arraigned and
entered a new plea.
a. Accused-appellant did not question the procedural errors in
the first arraignment
e. As to his contention regarding the searching inquiry, the Court found
that trial judge has faithfully discharged his duty to conduct such
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a. The absence of the transcript of stenographic notes of the

proceedings during the arraignment do not make the
procedure flawed
b. The minutes of the proceedings indubitably show that the
judge read the Informations to the accused-appellant both in
English and Tagalog, asked him questions as to his
understanding of the consequences of his plea, his
educational attainment and occupation
c. In fact, in the two (2) letters sent to the trial court judge,
accused-appellant not only admitted his "sins" but also
asked for forgiveness and prayed for a chance to reform
f. Moreover, the prosecution has already presented its evidence
a. Thus, even assuming that there was an improvident plea of
guilt, the evidence on record can sustain the conviction of
the accused-appellant
b. Testimony of complainant shows that she was raped since 9
years old. In fact, when she was raped at the age of 19, her
menstruation got delayed so her father drink the water from
boiled guava leaves and a medicine she identified as Gestex
before boxing her stomach
c. Medico-Legal confirmed the suspicion that there might me
more than 1 sexual intercourse. There are "shallow
rugosities" inside her vagina which leads to the conclusion
that there was more than one or even more than ten (10)
times of sexual intercourse
d. Accused on the other hand did not present contrary
evidence
g. Hence, while the Court in a catena of cases set aside convictions
based on pleas of guilty in capital offenses because of the
improvidence of the plea, the Court does so only when such plea is
the sole basis of the judgment of the condemnatory judgment.
a. In this case, there is adduced evidence more than his plea
guilt.
b. Hence, it cannot be claimed that defendant was sentenced
to death without having been previously informed of the
nature of the charges against him and of the qualifying and
aggravating circumstances recited in the information, as he
is fully apprised not only of the allegations in the information
but of the entire evidence of the prosecution
DISPOSITION

DEATH is hereby AFFIRMED with the modification that the award of

compensatory damages be increased to Seventy - Five Thousand
Pesos (75,000.00), moral damages is reduced to Fifty Thousand
Pesos (P50,000.00) and exemplary damages deleted. Esm
2.......In Criminal Case No. Q- 96-68120, the decision of the Regional
Trial Court convicting accused - appellant of rape and sentencing
him to the Supreme Penalty of DEATH is hereby reduced to
RECLUSION PERPETUA. The award of compensatory damages is
increased to Seventy - Five Thousand Pesos (P75,000.00) , moral
damages is reduced to Fifty Thousand Pesos (P50,000.00) and
exemplary damages is deleted.
In accordance with Section 25 of the RA 7659, amending Article 83
of the Revised Penal Code, upon the finality of this Decision, let the
records of this case be forthwith forwarded to the Office of the
President for the possible exercise of executive clemency or
pardoning power.
SO ORDERED.

WHEREFORE, judgment is hereby rendered as follows:

1.......In Criminal Case No. Q - 96 - 68119, the decision of the
Regional Trial Court convicting accused-appellant Antonio Magat y
Londonio of rape and sentencing him to the Supreme Penalty of
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