PEOPLE VS. MAGSI [124 SCRA 64; G.R. NO.L-32888; 12 AUG 1983]

Facts: Soon after appellant was apprehended on August 20, 1970, his arraignment was scheduled before the Criminal Circuit Court of San Fernando, La Union. The case was actually set and rescheduled for six (6) times, first of which was on August 1, 1970. On that date, despite appointment by the court of Atty. Mario Rivera as de officio counsel for the accused, hearing was re-set to September 8, 1970 on motion of Atty. Rivera, who was prompted to ask for it because of accused desire to be represented by a de parte counsel. Prior to the next hearing, Atty. Rivera moved to withdraw as de officio counsel and it was favorably acted on by the court on September 7, 1970. At the second hearing on September 8, 1970, for failure of the de officio and de parte counsels to appear, despite a second call of the case, the hearing was re-set for the next day and the court appointed Atty. Dominador Cariaso de officio counsel for the accused. On the third hearing date, neither the de parte nor the de officio counsel was in Court, so Atty. Rivera was reappointed that day as de officio counsel for arraignment purposes only. The accused del Rosario entered a plea of guilty but qualified it with the allegation that he committed the crime out of fear of his co-accused Eloy Magsi and the other coaccused. Appellant was found guilty of murder and made to suffer the death penalty.


Issue: Whether or not there was a violation of the rights of the accused.


Held: YES. The desire to speed up the disposition of cases should not be effected at the sacrifice of the basic rights of the accused. Citing People vs. Domingo (55 SCRA 243-244): the trial courts should exercise solicitous care before sentencing the accused on a plea of guilty especially in capital offenses by first insuring that the accused fully understands the gravity of the offense, the severity of the consequences attached thereto as well as the meaning and significance of his plea of guilty; and that the prudent and proper thing to do in capital cases is to take testimony, to assure the court that the accused has not misunderstood the nature and effect of his plea of guilty. Mere pro-forma appointment of de officio counsel, who fails to genuinely protect the interests of the accused, resetting of hearing by the court for alleged reception of evidence when in fact none was conducted, perfunctory queries addressed to the accused whether he understands the charges and the gravity of the penalty, are not sufficient compliance.