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People of The Philippines vs. Apduhan Jr. G.R. No. L-19491 August 30, 1968 Facts

1) The respondent and five others entered the home of Geronimo and Norberto Miano, shooting and killing them and stealing 322 pesos. The respondent initially pleaded not guilty but then pleaded guilty on the condition that he receive life in prison instead of the death penalty. 2) The court found that the respondent's plea was not truly voluntary as he changed his plea back to not guilty before changing it again to guilty after speaking with his lawyer. 3) The court affirmed the lower court's judgment but reduced the respondent's sentence from death to life imprisonment, finding that the death penalty could not be legally imposed due to a failure to secure the required number of votes.

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304 views1 page

People of The Philippines vs. Apduhan Jr. G.R. No. L-19491 August 30, 1968 Facts

1) The respondent and five others entered the home of Geronimo and Norberto Miano, shooting and killing them and stealing 322 pesos. The respondent initially pleaded not guilty but then pleaded guilty on the condition that he receive life in prison instead of the death penalty. 2) The court found that the respondent's plea was not truly voluntary as he changed his plea back to not guilty before changing it again to guilty after speaking with his lawyer. 3) The court affirmed the lower court's judgment but reduced the respondent's sentence from death to life imprisonment, finding that the death penalty could not be legally imposed due to a failure to secure the required number of votes.

Uploaded by

Ethan Kurby
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People of the Philippines vs. Apduhan Jr.

G.R. No. L-19491 August 30, 1968


Facts:
Respondent along with five other persons entered the house of the spouses Miano, shooting
Geronimo Miano and Norberto Aton that killed both and took money amounting to Php 322.00 belonging
to Geronimo Miano. Respondent pleaded not guilty initially and later after advise from counsel Tirol,
pleaded guilty. Judge Hipolito Alo informed respondent that the penalty imposed might be death and
respondent insisted on pleading guilty with the condition that he be sentenced to life imprisonment instead
of death. Respondent then desisted from his plea of guilt and having made it on record, counsel Tirol
conferred with him and later manifested that respondent will enter the plea of guilty with the trial court’s
ascertainment that he was not forced into pleading guilty. The mitigating circumstances alleged by
respondent were 1) intoxication that was not corroborated; 2) voluntary plea of guilty; and 3) Lack of
intent to commit a grave so wrong that was withdrawn after prosecution withdrew the fourth aggravating
circumstance abuse of superior strength. The aggravating circumstances alleged by the prosecution were
1) band; 2) dwelling; 3) nighttime; and 4) abuse of superior strength that was withdrawn.

Issue:
Whether or not respondent’s voluntary plea of guilty is spontaneous and insistent.

Held:
No. Respondent’s initial plea was not one of guilty and changed it with the condition that he be
sentenced to life imprisonment and not death since he will plead guilty. Respondent then desisted from
the plea of guilt and stated his plea of not guilty made in record, going back to plea of guilty only after
conferring with his counsel. The virtue of Judge Alo's efforts in ascertaining whether Apduhan pleaded
guilty with full knowledge of the significance and consequences of his act, recommends itself to all trial
judges who must refrain from accepting with alacrity an accused's plea of guilty, for while justice demands
a speedy administration, judges are duty bound to be extra solicitous in seeing to it that when an accused
pleads guilty he understands fully the meaning of his plea and the import of an inevitable conviction. For
failure to secure the required number of votes, the penalty of death cannot be legally imposed. The
penalty next lower in degree - reclusion perpetua - should consequently be imposed on the accused.

The death sentence imposed upon Apolonio Apduhan, Jr. by the court a quo is reduced to
reclusion perpetua, the judgment a quo is affirmed in all other respects.

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