Case Digest (G.R. No. L-30668)
Facts:
People of the Philippines v. Rodolfo Reyes, et al., G.R. No. L-30668, July 21, 1978, Supreme Court En Banc, Concepcion, Jr., J., writing for the Court.At about 3:00 p.m. on July 11, 1968, Judge Ruperto Advincula boarded a north-bound motor train at La Paz, Iloilo City. Two men boarded at about the same time and sat near him; as the train pulled out of Barrio Camoncil, one man stood, signalled his companion, then shot Judge Advincula point-blank in the forehead; both gunmen jumped off the moving train and fled. The body was autopsied and a gunshot wound between the eyes was found to have caused immediate death.
Police investigation identified Rodolfo Reyes (alias "Dolfo") and Ricardo Mamon (alias "Cadong") as among the perpetrators; two others remained unidentified. A criminal complaint charging Reyes, Mamon and two John Does with murder was filed before the Municipal Court of Pototan, Iloilo. Reyes was located in Las Piñas and, during interrogation, admitted participation and pointed to Mamon as the triggerman. Mamon evaded arrest for months; investigators scoured Panay and Negros without success until November 30, 1968, when police learned he had allegedly surrendered at the Iloilo Provincial Jail.
When questioned, Mamon confessed that he shot Judge Advincula as part of an agreement with one Federico Baylon to be paid for the killing; he claimed he had been paid P1,000 of the promised P1,500. An information charging Reyes and Mamon with murder was filed in the Court of First Instance of Iloilo on February 19, 1969. Arraignment was initially set for March 8, 1969, postponed, and then held on March 14, 1969, when both pleaded not guilty.
At the March 27–28, 1969 trial setting, Mamon moved to withdraw his not-guilty plea and pleaded guilty; his counsel manifested intent to prove the mitigating circumstance of voluntary surrender. The trial court set receipt of evidence for April 7, 1969. On that date, witnesses (including Governor Rafael Palmares, Provincial Board Member Fortunato Padilla, and the county jail warden) testified concerning negotiations and conditions attendant to Mamon’s claimed surrender; the NBI agent testified to efforts to capture the suspects and cast doubt on the spontaneity of the surrender. On May 2, 1969, Reyes likewise withdrew his not-guilty plea and pleaded guilty, invoking plea of guilty and voluntary surrender as mitigating circumstances.
On June 6, 1969, the Court of First Instance convicted both accused of murder, sentenced Mamon to death and Reyes to reclusion perpetua, ordered joint and several indemnity of P12,000 to the heirs of the deceased, and apportioned costs. Reyes did not appeal. Because a death sentence was imposed on Mamon, the case came to the Supreme Court on automatic (mandatory) review.
Co...(Subscriber-Only)
Issues:
- Was the trial court’s acceptance of Ricardo Mamon’s withdrawal of his not-guilty plea and substitution of a guilty plea so improvident as to require remand for re-arraignment?
- Did the trial court err in refusing to treat Mamon’s alleged voluntary surrender as a mitigating circumstance justifying a lighter penalty?
- Was the imposition of the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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