G.R. No. L-69492 April 13, 1989
People of the Philippines, plaintiff-appellee, vs. Glenn Velasco, accused-appellant.

FACTS

Accused-appellant Glenn Velasco, a soldier, was charged with the complex crime of Murder with Direct Assault Upon a Person in Authority for killing Barangay Chairman Rodolfo Labongcay. On the evening of November 26, 1983, in Catbalogan, Samar, Velasco had illegally discharged his firearm, causing a commotion. He was apprehended by a barangay tanod and brought before Chairman Labongcay, who warned him against such acts. Velasco reacted angrily, retrieved his armalite rifle, and confronted Labongcay in the street. Despite Labongcay identifying himself as the barangay chairman and attempting to pacify him, Velasco forced Labongcay to kneel, ordered him to pray, and eventually fired two volleys at him, causing fatal gunshot wounds.
During the joint trial for this case and a related charge for Frustrated Murder, the prosecution presented two witnesses. Subsequently, Velasco, assisted by counsel, manifested his desire to change his plea from not guilty to guilty. The trial court conducted a lengthy inquiry, meticulously explaining the nature of the complex charge, the attendant aggravating circumstances, and the severe penalty of death. Velasco affirmed his understanding and pleaded guilty. The trial court accepted the plea, found him guilty, and imposed the death penalty, leading to this automatic review.

ISSUE

Whether the trial court erred in accepting the accused-appellant’s plea of guilty, considering it may have been improvident.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court held that the trial court did not err in accepting the plea. The record demonstrates that the judge exercised the requisite patience and circumspection. Before accepting the plea, the judge conducted a thorough inquiry in open court, explaining in detail the complex nature of the offense, the specific allegations of treachery and taking advantage of public position, and the grave legal consequences, including the imposable penalty of death. The accused, a high school graduate and a Private First Class in the Philippine Army, answered the court’s questions in English and consistently affirmed his understanding.
The Court emphasized that the plea was entered after the prosecution had already presented its witnesses, including an eyewitness, indicating the accused was fully aware of the strength of the evidence against him. His decision was thus made knowingly, intelligently, and voluntarily, with full comprehension of its implications. Consequently, the plea was not improvident. However, pursuant to the 1987 Constitution prohibiting the death penalty, the Supreme Court modified the sentence to reclusion perpetua and increased the civil indemnity to P30,000.00.