This case has been cited 4 times or more.
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2001-12-14 |
BELLOSILLO, J. |
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| 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] | |||||
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2001-12-14 |
BELLOSILLO, J. |
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| 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[31] 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[32] 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,[33] or what People v. Tizon[34] encapsulizes as the "attendant circumstances." | |||||
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2001-12-14 |
BELLOSILLO, J. |
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| 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,[43] in violation of the right to counsel of accused-appellant - | |||||
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2001-12-14 |
BELLOSILLO, J. |
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| Verily, a judgment of conviction cannot stand upon an invalid arraignment.[57] Since the vice of nullity affects not only the criminal cases for incestuous rape under automatic review but also the criminal case for attempted rape, notwithstanding the absence of a notice of appeal in the latter, we rule to set aside the Joint Decision dated 3 November 1999 in toto. We therefore remand Crim. Cases Nos. 99-02817-D, 99-02818-D, 99-02819-D, 99-02820-D and 99-02821-D to the court a quo for rearraignment and reception of evidence for the prosecution and accused-appellant if both so desire. If the accused-appellant pleads guilty, the trial court is instructed to conduct the searching inquiry and to inform him of his right to adduce evidence, in accordance with the discussion herein made, complete with transcripts of stenographic notes. | |||||