Facts:

• Defendant, Emilio Neri, was charged with embezzlement in the Court of First Instance of the Province of Bohol.
• Neri pleaded not guilty and was sentenced by the lower court to pay a fine of P40.32 and to temporary disqualification for two years and one day.
• Neri filed a motion to withdraw his plea of guilty immediately after the announcement of the sentence, but it was denied by the lower court.

Issue:

• (Unlock)

Ruling:

• The Supreme Court affirms the sentence imposed by the lower court, with a modification on the temporary disqualification.
• The court rules that it is within the discretion of the judge of the trial court to permit the accused to withdraw his plea of guilty and substitute a plea of not guilty at any time before ju...(Unlock)

Ratio:

• Section 25 of General Orders, No. 58 allows the court to permit the withdrawal of a plea of guilty and the substitution of a plea of not guilty before judgment.
• The lower court denied the defendant's motion to withdraw his plea of guilty, stating that the defendant had sufficient opportunity to consult with his lawyer and understood the language in which the complaint was written.
• The Supreme Court refuses to interfere with the lower court's discretion in denying the motion...continue reading