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People Vs Nadera
People Vs Nadera
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* EN BANC.
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MENDOZA, J.:
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1 Rollo, p. 73.
2 TSN, pp. 3-8, Aug. 12, 1997.
3 Id., pp. 9-10.
494
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That on or about the 17th day of May, 1992, at around 10:00 oÊclock
in the evening, at Barangay Bayani, Municipality of Naujan,
Province of Oriental Mindoro, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused,
motivated by lust and lewd design, and by means of force and
intimidation, wilfully, unlawfully and feloniously did lie and
succeeded in having carnal knowledge with his daughter, OLEBY
NADERA, nine (9) years of age at that time against the latterÊs will
and consent.
6
In Criminal Case No. C-4983, the information charged·
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That on or about the 3rd day of March 1996 at around 8:00 oÊclock
in the evening, at Barangay Bayani, Municipality of Naujan,
Province of Oriental Mindoro, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused,
motivated by lust and lewd design, and by means of force and
intimidation, wilfully, unlawfully and feloniously did lie and
succeeded in having carnal knowledge with his daughter,
MARICRIS NADERA, eleven (11) years of age against the latterÊs
will and consent.
PHYSICAL EXAMINATION:
·No sign of external physical injuries as of time of
examination.
·Breast developed
·Abdomen: flat, soft non-tender.
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8 Id., p. 16.
9 Records of Criminal Case No. C-4982, p. 20.
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EXTERNAL GENITALIA
·Minimal pubic hair
·Healed incomplete hymenal lacerations at 5, 7, 12
oÊclock positions.
·No bleeding.
INTERNAL SPECULUM EXAMINATION
·Vagina admits 2 fingers with ease.
·Cervix small, firm, close non-tender (-) bleeding.
·Uterus not enlarged.
·Adnexae negative
LABORATORY EXAMINATION:
·Smear for the presence of spermatozoa revealed
positive result.
PHYSICAL EXAMINATION:
·No sign of external physical injuries as of time of
examination.
·Abdomen, flat, soft.
EXTERNAL GENITALIA:
·Absence of pubic hair healed hymenal lacerations,
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INTERNAL EXAMINATION:
·Vagina admits 1 finger with ease.
·Cervix small (-) bleeding
·Uterus not enlarged.
·Adnexae (-).
LABORATORY EXAMINATION
·Smear for the presence of spermatozoa revealed
Negative result.
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I.
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501
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 accusedÊs 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
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20 People v. Bello, G.R. Nos. 130411-14, Oct. 13, 1999, 316 SCRA 804.
21 321 Phil. 657; 251 SCRA 293 (1995).
22 Records of Criminal Case No. C-4982, pp. 49, 54-56.
502
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The warnings given by the trial court in this case fall short
of the requirement that it must make a searching inquiry
to determine whether accused-appellant understood fully
the import of his guilty plea. As has been said, a mere
warning that the accused
24
faces the supreme penalty of
death is insufficient. For more often than not, an accused
pleads guilty upon bad advice or because he hopes for a
lenient treatment or a lighter penalty.
25
The trial judge must
erase such mistaken impressions. He must be completely
convinced that the guilty plea made by the accused was not
made under duress or promise of reward. The judge must
ask the accused the manner the latter was arrested or
detained, and whether he was assisted by counsel during
the custodial and preliminary investigations. In addition,
the defense counsel should also be asked whether he
conferred with the accused and completely explained to
him the meaning and the consequences of a plea of guilt.
Furthermore, since the age, educational attainment and
socio-economic status of the accused may reveal insights for
a proper verdict in the case, 26
the trial court must ask
questions concerning them. In this case, absent any
showing that these questions were put to accused-
appellant, a searching
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II.
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the accused; and (d) the civil liability or damages caused by the
wrongful act to be recovered from the accused by the offended party,
if there be any, unless the enforcement of the civil liability by a
separate action has been reserved or waived.
In case of acquittal, unless there is a clear showing that the act
from which the civil liability might arise did not exist, the judgment
shall make a finding on the civil liability of the accused in favor of
the offended party.
30
In People v. Bugarin, we stated:
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COURT:
Any cross?
ATTY. BROTONEL:
If Your Honor please, we are not conducting any cross-
examination, because this representation, from the
demeanor of the witness,
32
I am convinced that she is
telling the truth.
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507
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that she was lying when she said that on April 24, 1995 she
had been raped by accused-appellant, but it does indicate a
necessity·that of cross-examining her in order to ferret
out the truth.
The same may be said of defense counselÊs treatment of
MaricrisÊ testimony. While she was cross-examined by
defense counsel, the examination was at best a half-
hearted attempt to comply with a lawyerÊs obligation,
lacking the rigor and zeal required considering that a
manÊs life is at stake. The cross-examination centered on
what Maricris did or did not do while she witnessed her
sister being raped, and on her failure to report the
allegedly incestuous rapes against them. Said cross-
examination did not even touch upon the specific details
concerning the rape committed against her. Containing
lurid details as it may be, it was nonetheless important to
probe MaricrisÊ testimony, especially since it was
substantially similar to the first incident of rape narrated
by her sister, and thus raised the possibility that it was a
rehearsed, if not concocted, story.
Lastly, not only did defense counsel fail to object to the
documentary evidence presented by the prosecution,
according to the trial courtÊs decision, he even expressed his
conformity to the admission of the same. Neither did he 37
present any evidence on behalf of accused-appellant.
Worse, nowhere in the records is it shown that accused-
appellant was informed, either by his counsel or by the
court, of his right to present evidence, if he so desires.
Atty. Brotonel, as counsel de oficio, had the duty to
defend his client and protect his rights, no matter how
guilty or evil he perceives accused-appellant to be. The
performance of this duty was all the more imperative
because the life of accused-appellant hangs in the balance.
His duty was no less because he was counsel de oficio.
In view of the foregoing, we find it necessary to remand
the case for the proper arraignment and trial of the
accused, con-
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38 People v. Del Mundo, 262 SCRA 266 (1996), citing Jose v. Court of
Appeals, 70 SCRA 257 (1976).
510
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