Facts:

In the case of The United States vs. Emilio Neri, G.R. No. 3684, decided on September 28, 1907, the defendant, Emilio Neri, was charged with embezzlement in the Court of First Instance of Bohol. Neri, who had previously served as the president of the pueblo of Dauis, was accused of misappropriating a quantity of rice valued at P322.63, which he had received from the provincial treasurer. Upon arraignment, Neri pleaded "guilty" to the charges against him. The court subsequently sentenced him to pay a fine of P40.32 and imposed a temporary disqualification from holding public office for two years and one day. The court also stipulated that in case of nonpayment of the fine, Neri would face subsidiary disqualification at the rate of one day for every twelve and one-half pesetas he failed to pay, or, in the event of insolvency, a total of sixteen days of subsidiary disqualification. Following the announcement of the sentence, Neri filed a motion to withdraw his guilty...

Facts:

1. Background of the Case:

   • The defendant, Emilio Neri, was charged with the crime of embezzlement in the Court of First Instance of the Province of Bohol.
   • He pleaded "guilty" during arraignment, and the lower court sentenced him to pay a fine of P40.32, temporary disqualification for two years and one day, and subsidiary disqualification in case of nonpayment of the fine.

2. Role of the Defendant:

   • Neri had been the president of the pueblo of Dauis and, in that capacity, received rice from the provincial treasurer of Bohol.
   • He converted a portion of the rice to his own use, valued at P322.63, but later returned either the rice or its equivalent value to the treasurer.

3. Post-Sentence Motion:

   • Immediately after sentencing, Neri filed a motion to withdraw his "guilty" plea and substitute it with a "not guilty" plea.
   • The lower court denied the motion, citing that Neri was represented by counsel, understood the charges, and had sufficient opportunity to consult with his lawyer.

4. Appeal to the Supreme Court:

   • Neri appealed the denial of his motion to the Supreme Court, arguing that the lower court erred in refusing to allow him to withdraw his plea.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Withdrawal of Plea:

   • Under Section 25 of General Orders, No. 58, a court may permit the withdrawal of a "guilty" plea and substitution of a "not guilty" plea before judgment. However, this is discretionary, and the lower court's denial of the motion was justified given the circumstances.

2. Sentencing:

   • The fine imposed was appropriate under the Penal Code.
   • The disqualification should have been explicitly defined to include specific restrictions, such as holding public office, exercising suffrage, and practicing a profession or trade.

3. Judicial Discretion:

   • The Supreme Court upheld the lower court's discretion in denying the motion, emphasizing that the defendant was adequately represented and understood the charges against him.