This case has been cited 4 times or more.
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2004-11-12 |
CHICO-NAZARIO, J. |
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| (4) Inform the accused the exact length of imprisonment or nature of the penalty under the law and the certainty that he will serve such sentence. Not infrequently indeed an accused pleads guilty in the hope of a lenient treatment or upon bad advice or because of promises of the authorities or parties of a lighter penalty should he admit guilt or express remorse. It is the duty of the judge to see to it that the accused does not labor under these mistaken impressions.[36] | |||||
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2004-02-18 |
SANDOVAL-GUTIERREZ, J. |
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| "SEC. 3. Plea of guilty to capital offense; reception of evidence. When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf." (Underscoring ours) There is no hard and fast rule as to how a judge may conduct a "searching inquiry" as to the number and character of questions he may ask the accused, or as to the earnestness with which he may conduct it, since each case must be measured according to its individual merit.[17] The singular barometer is that the judge must, in all cases, fully convince himself that: (1) the accused, in pleading guilty, is doing so voluntarily meaning, he was not coerced or threatened of physical harm, or placed under a state of duress; and (2) that he is truly guilty on the basis of his testimony. Thus, in determining whether an accused's plea of guilty to a capital offense is improvident, we held that considering their training, we leave to the judges ample discretion, but expect them at the same time that they will be true to their calling and be worthy ministers of the law and justice.[18] | |||||
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2001-12-14 |
BELLOSILLO, J. |
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| Moreover, the trial court did not conduct a searching inquiry to establish that the plea of guilty was done voluntarily with full awareness of its consequences.[19] This procedure is anchored on Sec. 3, of Rule 116, 1985 Rules of Criminal Procedure - | |||||