This case has been cited 1 times or more.
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2004-04-14 |
VITUG, J. |
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| The trial court is mandated (1) to conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea of 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 on his behalf and allow him to do so if he desires. The records must show the events that have actually taken place during the inquiry, the words spoken and the warnings given, with special attention to the age of the accused, his educational attainment and socio-economic status, the manner of his arrest and detention, the attendance of counsel in his behalf during the custodial and preliminary investigations, and the opportunity of his defense counsel to confer with him. All these matters should be able to provide trustworthy indices of his competence to give a free and informed plea of guilt. The trial court must describe the essential elements of the crimes the accused is charged with and their respective penalties and civil liabilities. It should also direct a series of questions to defense counsel to determine whether or not he has conferred with the accused and has completely explained to him the legal implications of a plea of guilt.[5] | |||||