G.R. No. L-19585 November 29, 1965
People of the Philippines, plaintiff-appellee, vs. Napoleon C. Ortiz alias “Leon,” defendant-appellant.

FACTS

Napoleon C. Ortiz was charged in the Court of First Instance of Pangasinan with murder and frustrated murder. After two prosecution witnesses testified, the defendant, through counsel, manifested his willingness to plead guilty to the lesser offenses of homicide and frustrated homicide. Consequently, the Assistant Provincial Fiscal, with court approval, amended the information accordingly. Upon new arraignment on the amended information, the defendant entered a plea of guilty. The defendant then presented the Chief of Police to prove the mitigating circumstance of voluntary surrender. The trial court, considering voluntary surrender but refusing to consider the mitigating circumstance of plea of guilty because it was made after the prosecution had commenced presenting evidence, rendered judgment sentencing him. The defendant appealed, claiming the court erred in not considering the plea of guilty as a mitigating circumstance.

ISSUE

Whether or not the lower court erred in not considering in favor of the appellant the mitigating circumstance of plea of guilty.

RULING

Yes, the lower court erred. The Supreme Court, citing People vs. Intal, ruled that the appellant was entitled to the mitigating circumstance of plea of guilty. Although the trial had begun on the original information for murder and frustrated murder, the prosecution amended the information to homicide and frustrated homicide after the defendant’s manifestation. The plea of guilty was entered on this entirely new information before any evidence was presented on the charges contained therein. Therefore, the mitigating circumstance should be considered. The decision was modified to impose lower indeterminate penalties for both crimes, and the carbine used was ordered confiscated. The judgment was affirmed in all other respects.