GR 38417; (December, 1933) (Digest)
G.R. No. 38417 , December 16, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MARCIANO MEDINA (alias MARIANO MEDINA, alias ALEJANDRO DOLA), defendant-appellant.
FACTS
The accused, Marciano Medina, was charged in a single information with the crimes of trespass to dwelling (with force), frustrated homicide, and less serious physical injuries. The charges arose from an incident where he unlawfully entered the dwelling of Capt. J.H. Davidson at night by forcing his way through a window, and once inside, stabbed Joseph Davidson (inflicting a mortal wound that did not result in death due to timely medical aid) and also attacked and wounded Capt. Davidson, Mrs. Davidson, and their daughter Mary Davidson with a knife. Upon arraignment, the accused, assisted by an attorney de oficio, pleaded guilty. The trial court convicted him of all three crimes and imposed separate penalties. On appeal, the defense argued that the single information charging multiple offenses was improper and that the accused was deprived of a fair trial.
ISSUE
Whether the trial court erred in convicting the appellant of three separate crimes based on a single information that charged multiple offenses, and in imposing cumulative penalties.
RULING
No. The trial court did not err. While the information charging more than one offense may not have complied with the rule requiring a complaint to charge only one offense, the accused, by failing to demur or object to the information before trial, waived any objection to its duplicity. The established doctrine is that a defendant who goes to trial under such an information waives the objection and may be found guilty of as many offenses as are charged and proved. Furthermore, a plea of guilty, when freely and voluntarily entered with an understanding of the charges, is sufficient to sustain a conviction for all offenses charged. The crimes committed were distinct and not a complex crime under Article 48 of the Revised Penal Code; therefore, separate penalties were proper. The Supreme Court affirmed the convictions but modified the penalties for trespass to dwelling and frustrated homicide to indeterminate sentences as provided by the Revised Penal Code and Act No. 4103 . The penalty for less serious physical injuries was affirmed.
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