Case Digest (G.R. No. 131384-87)
Facts:
The case of People of the Philippines v. Elegio Nadera, Jr. arose from four informations charging the accused with rape of his minor daughters between 1992 and 1996; the Regional Trial Court, Branch 40, Calapan, Oriental Mindoro, convicted him and sentenced him to reclusion perpetua for one count and death for the three other counts, and ordered indemnities to the victims. The accused initially pleaded not guilty at arraignment but, after prosecution presentation and with counsel from the Public Attorney’s Office, changed his plea to guilty on August 5, 1997; the prosecution had presented testimony and medical reports, and the trial court’s written decision supplied little evaluation of the evidence.Issues:
- Did the trial court err in accepting Accused-appellant’s plea of guilty to capital offenses without conducting a searching inquiry to determine voluntariness and comprehension?
- Did the performance of defense counsel warrant remand for a new trial?
Ruling:
The Court set Case Digest (G.R. No. 131384-87)
Facts:
- Parties and nature of case
- People of the Philippines was the plaintiff-appellee.
- Elegio Nadera, Jr. was the accused-appellant charged with four counts of rape of his minor daughters, Oleby Nadera and Maricris Nadera.
- Family background and chronology
- Accused-appellant and his wife Daisy had four children: Oleby (born October 2, 1982), Maricris (born March 16, 1984), March Anthony (born January 8, 1986), and Sherilyn (born September 27, 1987).
- Daisy worked abroad in Bahrain from September 22, 1991, returned for vacation in July 1993, then left again in September 1993 and returned only on September 12, 1995.
- Complaint, preliminary investigation and informations filed
- On April 28, 1996, Oleby and Maricris, assisted by neighbor Lita Macalalad, informed their mother Daisy that their father had raped them; they filed complaints with the Naujan police.
- After preliminary examination, on June 6, 1996, four informations were filed in the Regional Trial Court, Calapan, Oriental Mindoro, as Criminal Case Nos. C-4982 to C-4985.
- Criminal Case No. C-4982 charged rape on or about May 17, 1992, against Oleby Nadera, then nine years old.
- Criminal Case No. C-4983 charged rape on or about April 17, 1995, against Oleby Nadera, then twelve years old.
- Criminal Case No. C-4984 charged rape on or about April 24, 1995, against Oleby Nadera, then twelve years old.
- Criminal Case No. C-4985 charged rape on or about March 3, 1996, against Maricris Nadera, then eleven years old.
- Arraignment and change of plea
- At arraignment on July 23, 1996, accused-appellant, assisted by Atty. Manolo A. Brotonel of the Public Attorney's Office, pleaded not guilty to the charges.
- On August 5, 1997, after the prosecution had presented Dr. Cynthia S. Fesalbon, accused-appellant pleaded guilty to the crimes charged in all informations, as shown by Certificates of Re-Arraignment dated August 5, 1997.
- Prosecution evidence presented at trial
- The prosecution formally offered evidence and rested on August 12, 1997.
- Prosecution witnesses were Dr. Cynthia S. Fesalbon (Medical Officer IV), Oleby Nadera, Maricris Nadera, and Daisy Nadera.
- Medical findings for Oleby Nadera (exam dated April 30, 1996): no external injuries; developed breasts; minimal pubic hair; healed incomplete hymenal lacerations at 5, 7, 12 o'clock positions; vagina admitted two fingers; smear for spermatozoa positive; physician could not date the healed lacerations.
- Medical findings for Maricris Nadera: no external injuries; absence of pubic hair; healed incomplete hymenal lacerations at 1, 5, 8, 11 o'clock positions; vagina admitted one finger; smear for spermatozoa negative.
- Testimony of Oleby Nadera recounted three specific incidents of forcible intercourse by accused-appellant on May 17, 1992 (age nine), April 17, 1995 (age twelve), and April 24, 1995 (age twelve), including statements that she cried and pleaded "Huwag po! Huwag po!" and that accused threatened harm and ordered silence.
- Atty. Brotonel, defense counsel, did not cross-examine Oleby, stating he was convinced she was telling the truth.
- Testimony of Maricris Nadera recounted rape by accused-appellant on March 3, 1996 (age eleven) and her fear of reporting; she testified that accused threatened to kill them if she cried.
- Testimony of Daisy concerned birthdates of children, her absence abroad during the alleged incidents, the filing of the complaint, and the medical exami...(Subscriber-Only)
Issues:
- Primary legal issues presented
- Whether the trial court conducted the searching inquiry required by Rule 116, Sec. 3 when accused-appellant pleaded guilty to capital offenses.
- Whether accused-appellant's plea of guilty was improvident and therefore required annulment of the conviction.
- Whether the prosecution evidence independently sufficed to sustain conviction notwithstanding an improvident plea.
- Whether accused-appellant received adequate representation from his appointed counsel, Atty. Manolo A. Brotonel, and whether counsel's performance w...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)