People V Reyes G.R. No. L 30668
People V Reyes G.R. No. L 30668
Your Honor, tie last time this case was called for trial, In the case of People vs. Apduhan, 17 the Court enjoined
the accused Ricardo Mamon pleaded guilty to the crime trial judges to "refrain from accepting with alacrity an
charged in the information and we manifested to this accused's plea of guilty, for while justice demands a
Honorable Court that we be given time to prove this speedy administration, judges are duty bound to be
surrender and we have sufficient evidence to prove that extra solicitous in seeing to it that when an accused
the accused Ricardo Mamon voluntarily surrendered. pleads guilty he understands fully the meaning of his
plea and the import of an inevitable conviction."
COURT:
The circumstances obtaining in this case leave no doubt
13 that the accused Ricardo Mamon alias "Cadong" knew
Prove your mitigating circumstance.
the meaning and consequences of his act in pleading
guilty to the crime charged in the information The
As directed, counsel for the accused Ricardo Mamon records indubitably show that the said accused had
called to the stand Rafael Palmares, incumbent already considered entering a plea of guilty in this case
governor of Iloilo; Fortunato Padilla, member of the Iloilo even before he was taken into custody and formally
Provincial Board; and Jose Perlas, Jr., Warden of the arraigned in court. Thus, it should be noted that the
Iloilo Provincial Jail. The gist of their testimony is that criminal complaint for murder filed against him with the
Ricardo Mamon, through his relatives, sought the Municipal Court of Pototan Iloilo, on October 2, 1968,
intercession of Fortunato Padilla to effect his surrender alleges the qualifying circumstances of evident
to the governor of Iloilo; that Fortunato Padilla, in turn, premeditation and that the crime was committed in
went to the governor, as requested; that the said consideration of a price, and the aggravating
accused had imposed certain conditions for was circumstances of treachery and abuse of superior
surrender; that the accused finally yielded to Fortunato strength. Inasmuch as the aggravating circumstance of
Padilla in the morning of November 30, 1968; and that treachery absorbed abuse of superior strength, and of
Fortunato Padilla, upon learning that Gov. Palmares the remaining three, one aggravating circumstance
was in Manila, brought the said accused to the Iloilo qualified the crime to murder, it results that two
Provincial Jail, where the Warden, entered on his Blotter aggravating circumstances would remain. The penalty
that: At about 8:30 A.M. Ricardo Mamon surrendered likely to be imposed upon him in the event of conviction
voluntarily to the Provincial Governor, thru the Provincial would be the maximum penalty, or death. Thus, Ricardo
Warden. 14 Mamon, who, by then, had apparently consulted an
attorney, thought of means to minimize the penalty. The
NBI Agent Federico Opinion, leader of the NBI surrender of the accused and his entering a plea of
investigating team, took the stand to belie the claim of guilty after withdrawing a prior plea of not guilty were
voluntary surrender and recounted the efforts and accordingly taken into consideration in order to offset
expenses incurred by them in the solution of the crime the two aggravating circumstances and thus avoid the
and the apprehension of the suspected killers. imposition of the death penalty. Subsequently, and as
pre-conceived, Ricardo Mamon gave himself up and
On May 2, 1969, the accused Rodolfo Reyes, through then entered a plea of guilty to the charge upon
counsel, moved to withdraw his plea of "not guilty" and arraignment. The testimony of Rafael Palmares, then
to substitute it with a plea of "guilty". The said accused Provincial Governor of Iloilo, recalling the events leading
was thus re-arraigned and thereafter pleaded to the surrender of the accused Ricardo Mamon and the
guilty." 15 Counsel invoked the mitigating circumstances governor's participation therein, is most persuasive. He
of plea of guilty and voluntary surrender. The Fiscal did testified:
not object to the circumstance of plea of guilty, but as to
the claim of voluntary surrender, he manifested that "he ... But about the first week of November, 1968, Board
had no evidence to counteract whether the said Member Padilla came to see me and informed me that
accused voluntarily surrendered or not." 16 the Vice- Mayor of Cabanatuan Leodegario Cuarte
together with the sister-in-law of Ricardo Mamon would
On June 6, 1969, judgment was rendered finding the make to confer with me regarding the surrender of
accused guilty of the crime of murder and sentencing Ricardo Mamon and so I said you can bring them in the
the accused Ricardo Mamon alias "Cadong" to suffer office and in the office we conferred with Board Member
the Penalty of death and the accused Rodolfo Padilla, Vice-Mayor Cuarte and the sister-in-law of
Reyes alias "Dolfo" to suffer the penalty of reclusion Ricardo Mamon told me that Ricardo Mamon is willing
perpetua; ordering the said accused to indemnify, jointly to surrender — that she was sent by Ricardo Mamon to
and severally, the heirs of the deceased in the amount contact me because he want to surrender to me but he
of P12,000.00; and to pay proportional costs. wanted to know if I could guarantee the conditions he
was asking from me for instance which are: 'I want to
surrender to the governor provided that he will assure
The accused Rodolfo Reyes did not appeal from the me that no physical injuries will be inflicted in my person
said judgment and the case is now before the Court on and that I will not be confined at the P.C. Headquarters,
automatic review because of the death penalty imposed and that I will be treated with a little leniency and if it be
upon the accused Ricardo Mamon alias "Cadong." possible that I win be given a lighter penalty' and I
assured the sister-in-law that as long as Ricardo Mamon
Counsel de oficio points to the alleged hasty and is surrendering to me, he will be lodged in the Provincial
improvident acceptance by the trial court of the plea of Jail and I will see to it that he will be accompanied by a
guilty entered by the accused Ricardo Mamon without member of the Provincial Guard to see to it that no
physical injuries will be inflicted to him and whether he Moreover, the surrender was made upon certain
can be availed of himself of counsel in Court which I told conditions. As Governor Rafael Palmares and Board
the sister-in-law of the accused that he will be provided Member Fortunato Padilla stated in their testimony, the
by counsel because it is the constitutional rights of the accused manifested his desire to surrender provided
accused under our laws to be given a counsel during that: (a) the governor gives his assurance that no
the trial and if he has no counsel the Court can give him physical injuries will be inflicted upon his (Mamon's)
one and I told her that if Mamon voluntarily surrenders, person; (b) he will not be confined at the P.C.
there is a good chance that his penalty will be lessened Headquarters; (c) he will be treated with a little leniency:
because being a lawyer myself I told them that if the and (d) he will be given a lighter penalty, if possible. The
Court will accept the mitigating circumstance as surrender of the accused is obviously motivated more
voluntary surrender and the plea of guilty, the penalty by his intention to insure his safety than to save the
will be lesser. Of course, I did not guarantee that that authorities the effort and expenses necessary for his
will be the kind of penalty to be imposed but I said he arrest and apprehension. The perils of a fugitive must
have a good chance in Court and after that the have compelled him to give up after hiding had become
surrender was set for about fifteen (15) days and after hazardous and his arrest inevitable.
that a day was set that is November 30 1 was in Manila
at that time but I hurried up to be here. ... 18 (Emphasis It results that the trial court did not err in finding the
supplied) accused guilty of the crime of murder. However, for lack
of the necessary votes to sustain the imposition of the
The governor's testimony is confirmed by Fortunato death penalty upon the accused the penalty is hereby
Padilla, then member of the Iloilo Provincial Board, reduced to reclusion perpetua
whose intercession was sought in the surrender
proceedings. He declared: MODIFIED as above indicated, the decision of the lower
court is hereby affirmed in all other respects, with
A What they asked if the governor can possibly provide costs de oficio.
him with a lawyer but the governor said whether he likes
it or not, he will be given a lawyer anyhow and about a SO ORDERED.
little bit of leniency, the governor said that inasmuch as
he is surrendering he will get a lighter penalty. One
Castro, CJ., Teehankee, Barredo, Makasiar, Muñoz
more thing that whether if upon his surrender he will
Palma, Aquino, Santos Fernandez and Guerrero, JJ.,
plead guilty, I remember the governor asked that and
concur.
they said 'yes, he will plead guilty upon his
surrender, 19 (Emphasis supplied)
Fernando, J., concurs in the result.
Besides, the accused was ably assisted by counsel
during the proceedings so that the court no longer Antonio, J, took no part.
needed to warn the accused of the seriousness and
consequences of the plea. It is counsel's duty to warn
the accused about the consequences of pleading guilty
and the presumption is that said counsel regularly and
faithfully discharged his official functions. 20