You're currently signed in as:
User

PEOPLE v. RODRIGO BELLO

This case has been cited 4 times or more.

2010-11-17
VELASCO JR., J.
In People v. Bello, the Court explained that:  "A `searching inquiry,' under the Rules, means more than informing cursorily the accused that he faces a jail term but so also, the exact length of imprisonment under the law and the certainty that he will serve time at the national penitentiary or a penal colony."[18]
2004-11-12
CHICO-NAZARIO, J.
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. (Emphasis supplied.)[27]
2001-12-14
BELLOSILLO, J.
Under established principles, a searching inquiry must not only comply with the requirements of Sec. 1, par. (a), of Rule 116 but must also expound on the events that actually took place during the arraignment, the words spoken and the warnings given,[20] with special attention to the age of the accused, his educational attainment and socio-economic status[21] as well as the manner of his arrest and detention, the provision of counsel in his behalf during the custodial and preliminary investigations, and the opportunity of his defense counsel to confer with him.[22] These matters are relevant since they serve as trustworthy indices of his capacity to give a free and informed plea of guilt.[23] Lastly, the trial court must explain the essential elements of the five (5) crimes he was charged with and their respective penalties and civil liabilities,[24] and also direct a series of questions to defense counsel to determine whether he has conferred with the accused and has completely explained to him the meaning of a plea of guilty.[25] This formula is mandatory and absent any showing that it was followed, a searching inquiry cannot be said to have been undertaken.[26]
2000-02-02
MENDOZA, J.
Under this Rule, three things are enjoined upon the trial court when a plea of guilty to a capital offense is entered: (1) the court must conduct a searching inquiry into the voluntariness of the plea and the accused's full comprehension of the consequences thereof; (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 on his behalf and allow him to do so if he desires.[20]