Title
People vs. Sim Ben
Case
G.R. No. L-8320
Decision Date
Dec 20, 1955
Sim Ben pleaded guilty to exhibiting indecent films without counsel, claiming a fiscal promised a fine. Court upheld his waiver of counsel and imposed a harsher penalty, affirming fiscal recommendations are non-binding.

Case Summary (G.R. No. L-8320)

Facts of the Case

Sim Ben was charged with exhibiting indecent or immoral cinematographic films in his restaurant, a public establishment in Cebu City. He entered a plea of guilty during the arraignment on January 31, 1953, without the assistance of counsel despite being informed of his right to legal representation. The court interpreter provided a translation of the charges into the local dialect, and after confirming understanding, Sim Ben pleaded guilty. The fiscal recommended a fine of P200, but the court ultimately sentenced him to six months and one day of prision correccional, in addition to costs.

Arraignment and Plea

During the arraignment, the court informed Sim Ben of his right to counsel and inquired if he wished to have legal assistance. He declined this right and opted to have the information read to him in the absence of counsel. The court ensured that he understood the consequences of his guilty plea by ascertaining that he was aware of the potential penalties that could be imposed due to his plea.

Legal Analysis of the Plea and Sentence

Sim Ben argued that his plea was entered based on a promise from the fiscal that he would only receive a fine. However, the court noted that while the fiscal's recommendation supported Ben's claim, such a recommendation does not invalidate the guilty plea or the subsequent sentence. The law provides that a promise of leniency does not affect the validity of a sentence that the court deems appropriate based on the crime committed.

Conclusion

The appellate court affirmed the sentencing authority of the trial court,

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