C3- When Consent of the Fiscal is Not Required

Where the accused had decided to plead guilty to the crime as charged in the
Information, or complaint, the prior consent of the public prosecutor and the offended
party is not required. However, the court is mandated to conduct a searching inquiry into
the voluntariness and comprehension of the consequences of his plea should the accused
plead guilty to a capital offense and should require the prosecution to prove the guilt of
the accused beyond reasonable doubt, and to determine the accused’s degree of
culpability.
Rule 116 Sec. 3, Rules of Court provides:

When the accused pleads guilty to a capital offense, the court shall
conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of his plea and require the prosecution to prove his guilt and the
precise degree of culpability. The accused may present evidence in his behalf.

In the case of People of the Philippines vs. Medrillo Rodriguez (G.R. No. 133984,
January 30, 2002) it has been held that “ when the accused pleads guilty to a capital
offense, the court is bound to conduct a searching inquiry into the voluntariness and full
comprehension of the effects of his plea and to thereupon require the prosecution to prove
his guilt and the precise degree of culpability. The searching inquiry, which must be
recorded, requires the court to make it indubitably certain that the accused is
fully apprised of the consequences of his plea.”

In case the accused had entered an improvident plea of guilty to a capital offense,
he may be allowed by the court to withdraw his guilty plea and substitute the same with a
plea of not guilty at any time before the judgment of conviction becomes final.

This is settled under the provisions of Rule 116 Sec. 4 of the Rules of Court, to
wit:
“ When the accused pleads guilty to a non-capital offense, the court may
receive evidence from the parties to determine the penalty to be imposed. “

As soon as the parties have obtained the court’s permission to approach the bench,
efforts should not be spared in getting the consensus between the prosecution and
defense, and confirmed by the court as to the crime to which the accused intends to plead
guilty, the imposable penalty that will entitle the accused to the benefits of the probation
law and the amount of civil liability that the accused had agreed to pay the complainant,
so that all of these can be included in the dispositive portion of the decision.
 LEGAL COUNSELLING

Gloria Amor L. Sequito, ID No. 1314-14

Diana Mae M. Balanay, ID No. 1256-14
Ciara Erika R. Brasileño ID No. 1263-14