Section 2 - Plea of guilty to a lesser offense

-May be allowed by the trial court after plead of not guilty to the offense charged but before trial. -Provided, that there is a CONSENT of the offended party and the prosecutor. - The lesser offense MUST be NECESSARILY INCLUDED in the offense charged - Example: offense charged is murder, lower offense is homicide or serious physical injuries, lesser offense is less serious physical injuries.

Allowance of plea of guilty to a lesser offense, when proper General Rule: Plea of guilty to a lighter offense than that of actually charged is not allowed as a matter of bargaining right or compromise. Exception: When the prosecution does not have sufficient evidence to establish the guilt of the accused of the crime charged.
People vs. Kayanan (G.R. No. L-30355 May 31, 1978)

When to enter a plea to a lesser offense

People vs. Valderama, Jr. (GR 99287 dated 23 June 1992)

Section 3 - Plea of guilty to capital offense; reception of evidence Plea of guilty to a capital offense General rule: The court has no alternative but to impose penalty when the accused plead guilty. Exception: When the accused plead guilty to a capital offense, the trial court has the mandatory duties to do the following: 1. The court must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea; 2. The court must require the prosecution to present evidence to prove the guilt of the accused and the precise degree of his culpability; and 3. The court must ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires.

 People vs. Ernas 408 SCRA 391

The reason for this rule is to preclude any room for reasonable doubt in mind of either the trial court or of the Supreme Court, on review, as to the possibility that there might have been some misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty and to ascertain the circumstances attendant to the commission of the crime which justify or require the exercise of a greater or lesser degree of severity in the imposition of the prescribed penalties". (People vs. Basa 51 SCRA 567)

The trial court, before sentence, has the duty to ensure that the accused has fully understand the following: 1. Gravity of the offense; 2. Severity of the consequences attached thereto; and 3. Meaning and significance of his plea.

Effect of plea of guilty on aggravating circumstances

People vs. Commendador 100 SCRA 155 Plea of guilty cannot constitute an admission of aggravating circumstances which were not shown to exist form the evidence adduced.