[ G.R. No. L-7929, November 29, 1955 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. PEDRO GAITE, DEFENDANT AND APPELLANT.
D E C I S I O N
It is contended that the lower court'erred in not allying the appellant to make an explanation after his plea of guilty and in not considering the doubt as to whether he is the legitimate son of Elias Gaite. Counsel has made reference to a manifestation mide by appellant's attorney de oficio in the lower court to the effect that while the appellant was willing to plead guilty, he wanted'tp explain; and that the court gave the information that, in. such a case, the plea would be one of not guilty. Upon the other hand, the Solicitor General insists-and we think rightly-that the record of the proceedings on June 2, 1954 exclusively shows that the appellant, aided by Atty. Javier, entered the plea of guilty in open court," with the result that he admitted not only his guilt but also the material allegation in the information that he is the legitimate son of the deceased Elias Gaite.
There is no pretense that the appellant was, even in the slightest degree, forced to enter a plea of guilty On the contrary, he was assisted by his attorney de oficio who was reminded by the court about the effect of a qualified plea of guilty and who therefore had all the time and opportunity to adopt the proper course. And yet said attorney announced before the court appellant's readiness for the arraignment and merely requested that the information be read carefully to him.
In answer to the observation made in appellant's brief that during the preliminary investigation, Paula Guiguilian (appellant's mother) and Jose Lorenzo are alleged to have testified in such a way as to at least create a doubt as to appellant's legitimacy; it is sufficient to state that the alleged testimony, not being a part of the proceedings in the lower court, can not be taken into account.
Wherefore, the appealed decision is affirmed with costs against the appellant. So ordered.
Bengzon, Padilla, Montemayor, Reyes, A. Jugo, Bautista Angelo, Labrador, Concepcion, and Reyes, J.B.L., JJ., concur.