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G.R. No. L-10585 April 29, 1957 THE PEOPLE OF THE PHILIPPINES vs.

MELCHOR INTAL Y DAVID Facts: Melchor Intal y David, herein accused, was charged with the crime of double murder. After the Prosecution has rested its case, the accused manifested to the Court his willingness to plea to the lesser crime of double homicide. The prosecution did not object thereto. In fact, the prosecution moved to be allowed to amend the information so as to change the crime from double murder to double homicide. The Trial Court granted Melchors and the Prosecutions motions. Melchor was arraigned again, and during this time, he pleaded guilty to the crime of double homicide. After accused was arraigned, accused likewise pleaded before the Trial Court for another mitigating circumstance based on physical infirmity. The prosecution admitted physical infirmity as his only physical infirmity. The prosecution reasoned out that in the amended information, there was no aggravating circumstance given which will convert the homicide into murder. Therefore, his plea to a lesser offense cannot be considered. The Trial Court ruled that only the mitigating circumstance of physical infirmity must be considered. Issue: Whether or not the mitigating circumstance of plea of guilty to a lesser offense be considered in favor of Mechor. Held: YES. The Supreme Court admitted the mitigating circumstance of plea of guilty to a lesser offense. The case at bar is akin to People vs. Calma. In that case, the accused, while on trial for murder, signified his intention to plead guilty to the lesser offense of homicide if the "information was amended accordingly, whereupon the fiscal moved that the information "be amended from murder to homicide," and the motion having been granted, the accused pleaded guilty and was sentenced for homicide. In that case, the Supreme Court, on appeal, took the plea into account as a mitigating circumstance in fixing the penalty. Following this precedent, the Court agreed with the present appellant that his plea of guilty to the amended charge should be considered as mitigating circumstance.