G.R. No. L-3684 - People vs Neri

The trial court has the discretion to allow an accused to withdraw a plea of "guilty" and substitute it with a plea of "not guilty" at any time before judgment.
The refusal to permit such withdrawal is not considered reversible error unless there is an abuse of discretion by the trial court.

The defendant, Emilio Neri, was charged with embezzlement in the Court of First Instance of Bohol.
Upon arraignment, Neri initially pleaded not guilty, leading to a sentence that included a fine of P40.32 and a temporary disqualification from public office for two years and one day.
Following the announcement of the sentence, Neri sought to withdraw his plea of "guilty," but the lower court denied this motion, citing that he had legal representation and understood the proceedings.

Neri appealed the decision, arguing that the lower court's refusal to allow him to change his plea constituted an error.
The record indicated that Neri had previously served as president of the pueblo of Dauis and had misappropriated rice valued at P322.63, which he later returned.

Section 25 of General Orders, No. 58 stipulates that a plea of guilty can only be entered by the defendant in open court and may be withdrawn before judgment.
The court emphasized that it is within the trial court's discretion to allow a change of plea after sentencing, and the lower court's denial was justified under the circumstances.

The fine imposed on Neri was deemed appropriate under paragraph 3 of Article 392 of the Penal Code.
The court noted that the lower court's sentence regarding disqualification lacked specificity and should explicitly state the suspension from public office, the right of suffrage, and the exercise of a profession or trade.