People vs. Nadera, JR.: 490 Supreme Court Reports Annotated

4/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 324 4/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 324
convinced that the guilty plea made by the accused was not made
under duress or promise of reward. The judge must ask the
accused the manner the latter was arrested or detained, and
whether he was assisted by counsel during
_______________
490 SUPREME COURT REPORTS ANNOTATED
* EN BANC.
People vs. Nadera, Jr.
*
G.R. Nos. 131384-87. February 2, 2000. 491
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

ELEGIO NADERA, JR. Y SADSAD, accused-appellant.
VOL. 324, FEBRUARY 2, 2000 491
Criminal Law; Criminal Procedure; Arraignment; Plea of People vs. Nadera, Jr.
Guilty; Duty of Court When a Plea of Guilty to a Capital Offense is
Entered.—Under this Rule, three things are enjoined upon the the custodial and preliminary investigations. In addition, the
trial court when a plea of guilty to a capital offense is entered: (1) defense counsel should also be asked whether he conferred with
the court must conduct a searching inquiry into the voluntariness the accused and completely explained to him the meaning and the
of the plea and the accused’s full comprehension of the consequences of a plea of guilt. Furthermore, since the age,
consequences thereof; (2) the court must require the prosecution educational attainment and socio-economic status of the accused
to present evidence to prove the guilt of the accused and the may reveal insights for a proper verdict in the case, the trial court
precise degree of his culpability; and, (3) the court must ask the must ask questions concerning them. In this case, absent any
accused if he desires to present evidence on his behalf and allow showing that these questions were put to accused-appellant, a
him to do so if he desires. searching inquiry cannot be said to have been undertaken by the
Same; Same; Same; Same; Same; Words and Phrases; What trial court.
constitutes a searching inquiry is that the plea of guilt must be Same; Same; Same; Same; Judgments; Convictions based on
based on a free and informed judgment.—What constitutes a an improvident plea of guilt are set aside only if such plea is the
searching inquiry, as explained in People v. Alicando, is that the sole basis of the judgment.—Convictions based on an improvident
plea of guilt must be based on a free and informed judgment. plea of guilt are set aside only if such plea is the sole basis of the
Hence, a searching inquiry must focus on: (1) the voluntariness of judgment. If the trial court relied on sufficient and credible
the plea, and (2) the full comprehension of the consequences of the evidence to convict the accused, the conviction must be sustained,
plea. because then it is predicated not merely on the guilty plea of the
Same; Same; Same; Same; Same; A mere warning that the accused but on evidence proving his commission of the offense
accused faces the supreme penalty of death is insufficient, for more charged.
often than not, an accused pleads guilty upon bad advice or Same; Same; Right to Counsel; Attorneys; Only faithful
because he hopes for a lenient treatment or a lighter penalty.—The performance by counsel of his duty towards his client can give
warnings given by the trial court in this case fall short of the meaning and substance to the accused’s right to due process and to
requirement that it must make a searching inquiry to determine be presumed innocent until proven otherwise.—The cavalier
whether accused-appellant understood fully the import of his attitude of accused-appellant’s counsel, Atty. Manolo A. Brotonel
guilty plea. As has been said, a mere warning that the accused of the Public Attorney’s Office, cannot go unnoticed. It is
faces the supreme penalty of death is insufficient. For more often discernible in (a) his refusal to cross-examine Oleby Nadera; (b)
than not, an accused pleads guilty upon bad advice or because he the manner in which he conducted Maricris Nadera’s cross-
hopes for a lenient treatment or a lighter penalty. The trial judge examination; and, (c) his failure not only to present evidence for
must erase such mistaken impressions. He must be completely the accused but also to inform the accused of his right to do so, if
www.central.com.ph/sfsreader/session/0000017198811abcd47c9be7003600fb002c009e/t/?o=False 1/22 www.central.com.ph/sfsreader/session/0000017198811abcd47c9be7003600fb002c009e/t/?o=False 2/22

he desires. Only faithful performance by counsel of his duty guilty or evil he perceives the accused to be.—Atty. Brotonel, as
towards his client can give meaning and substance to the counsel de oficio, had the duty to defend his client and protect his
accused’s right to due process and to be presumed innocent until rights, no matter how guilty or evil he perceives accused-
proven otherwise. Hence, a lawyer’s duty, especially that of a appellant to be. The performance of this duty was all the more
defense counsel, must not be taken lightly. It must be performed imperative because the life of accused-appellant hangs in the
with all the zeal and vigor at his command to protect and balance. His duty was no less because he was counsel de oficio.
safeguard the accused’s fundamental rights.
AUTOMATIC REVIEW of a decision of the Regional Trial
Same; Same; Same; Same; Right of Confrontation; Rape; Even
Court of Calapan, Oriental Mindoro, Br. 40.
as the defense counsel personally may have found the
complainant’s testimony to be believable, he nonetheless had the The facts are stated in the opinion of the Court.
bounden duty to scrutinize the latter’s testimony to ensure that the The Solicitor General for plaintiff-appellee.
accused’s constitutional right to confront and examine the Public Attorney’s Office for accused-appellant.
witnesses against him was not rendered for naught.—It may be so
that defense counsel person- 493
492
VOL. 324, FEBRUARY 2, 2000 493
492 SUPREME COURT REPORTS ANNOTATED MENDOZA, J.:

These cases are before us on automatic review of the
ally found Oleby’s testimony to be believable. Nonetheless, he had decision of the Regional Trial Court, Branch 40, Calapan,
Oriental Mindoro, finding accused-appellant Elegio
the bounden duty to scrutinize private complainant’s testimony to Nadera, Jr, guilty of four counts of rape of his minor
ensure that the accused’s constitutional right to confront and daughters, Oleby and Maricris Nadera, and sentencing him
examine the witnesses against him was not rendered for naught. to suffer the penalty of reclusion perpetua for one count of
It bears pointing out that in rape cases, it is often the word of the rape and death for each of the remaining three counts.
complainant against that of the accused, the two being the only Accused-appellant was also ordered to indemnify
persons present during the commission of the offense. While the complainants Oleby Nadera in the amount of P150,000.00
lone testimony of the victim is sufficient to convict the accused, and Maricris Nadera in the amount of P50,000.00, without
such testimony must be clear, positive, convincing and consistent subsidiary imprisonment in case of insolvency.
with human nature and the normal course of things. Reversal of the decision is sought on the sole ground
Complainant’s testimony cannot be accepted with precipitate that—
credulity without denying the accused’s constitutional right to be
presumed innocent. This is where cross-examination becomes THE TRIAL COURT GRAVELY ERRED IN ACCEPTING
essential to test the credibility of the witnesses, expose falsehoods ACCUSED-APPELLANTS IMPROVIDENT PLEA OF GUILTY
or half-truths, uncover the truth which rehearsed direct TO A CAPITAL OFFENSE AND IN FAILING TO CONDUCT A
examination testimonies may successfully suppress, and SEARCHING INQUIRY TO DETERMINE WHETHER THE
demonstrate inconsistencies in substantial matters which create ACCUSED 1 FULLY UNDERSTOOD THE CONSEQUENCE OF
reasonable doubt as to the guilt of the accused and thus to give HIS PLEA.
substance to the constitutional right of the accused to confront the
The facts are as follows:
witnesses against him. For unless proven otherwise to be guilty
Accused-appellant Elegio Nadera, Jr. has four children
beyond all reasonable doubt, the accused is presumed to be
by his wife Daisy, namely: Oleby, born on October 2, 1982;
innocent.
Maricris, born on March 16, 1984; March Anthony, born on
Legal Ethics; Attorneys; A lawyer, as counsel de oficio, has the January 8, 1986; and Sherilyn, born on September 27,
2
duty to defend his client and protect his rights, no matter how 1987.
7
On September 22, 1991, Daisy left for a job in Bahrain, In Criminal Case No. C-4984, the information stated—
and came home to the Philippines for vacation only in July
1993. She then left again for Bahrain in September 1993 That on or about the 24th day of April, 1995, sometime in the
and did not return until September 12, 1995.
3
evening, at Barangay Bayani, Municipality of Naujan, Province of
On April 28, 1996, Oleby and Maricris, assisted by a Oriental Mindoro, Philippines and within the jurisdiction of this
neighbor, Lita Macalalad, told their mother that they had Honorable Court, the above-named accused, motivated by lust
been raped by their father, herein accused-appellant. and lewd design, and by means of force and intimidation, wilfully,
Thereupon, un-
_______________
________________
4 Id., pp. 11-13.
1 Rollo, p. 73.
5 Rollo, p. 10.
2 TSN, pp. 3-8, Aug. 12, 1997.
6 Id., p. 12.
3 Id., pp. 9-10.
7 Id., p. 14.
494
495

VOL. 324, FEBRUARY 2, 2000 495
People vs. Nadera, Jr. People vs. Nadera, Jr.
they went to the police authorities of

4
Naujan and filed a lawfully and feloniously did lie and succeeded in having carnal
complaint against accused-appellant. knowledge with his daughter, OLEBY NADERA, twelve (12)
After preliminary examination, on June 6, 1996, four years of age at that time against the latter’s will and consent.
informations charging accused-appellant with rape on 8
various dates were filed in the Regional Trial Court, In Criminal Case No. C-4985, the information recited—
Calapan, Oriental Mindoro. 5
That on or about the 3rd day of March 1996 at around 8:00 o’clock
In Criminal Case No. C-4982, the information alleged—
in the evening, at Barangay Bayani, Municipality of Naujan,
That on or about the 17th day of May, 1992, at around 10:00 Province of Oriental Mindoro, Philippines and within the
o’clock in the evening, at Barangay Bayani, Municipality of jurisdiction of this Honorable Court, the above-named accused,
Naujan, Province of Oriental Mindoro, Philippines and within the motivated by lust and lewd design, and by means of force and
jurisdiction of this Honorable Court, the above-named accused, intimidation, wilfully, unlawfully and feloniously did lie and
motivated by lust and lewd design, and by means of force and succeeded in having carnal knowledge with his daughter,
intimidation, wilfully, unlawfully and feloniously did lie and MARICRIS NADERA, eleven (11) years of age against the latter’s
succeeded in having carnal knowledge with his daughter, OLEBY will and consent.
NADERA, nine (9) years of age at that time against the latter’s
will and consent. The record shows that at his arraignment on July 23, 1996,
accused-appellant, assisted by Atty. Manolo A. Brotonel of
6
In Criminal Case No. C-4983, the information charged— the Public Attorney’s Office,
9
pleaded not guilty to the
charges filed against him. However, on August 5, 1997,
That on or about the 17th day of April, 1995 at Barangay Bayani, after the prosecution had presented Dr. Cynthia S.
Municipality of Naujan, Province of Oriental Mindoro, Philippines Fesalbon, accused-appellant pleaded guilty to the crime
and within the jurisdiction of this Honorable Court, the charged in all the informations.
abovenamed accused, motivated by lust and lewd design, and by The prosecution presented four witnesses, namely: Dr.
means of force and intimidation, wilfully, and unlawfully and Cynthia Fesalbon, Oleby Nadera, Maricris Nadera, and
feloniously did lie and succeeded in having carnal knowledge with Daisy Nadera.
his daughter, OLEBY NADERA, twelve (12) years of age at that
time against the, latter’s will and consent.
7
Dr. Cynthia S. Fesalbon, Medical Officer IV of the lacerations were sustained11 because they had healed over a
Oriental Mindoro Provincial Hospital, who conducted the period beyond seven days. 12
medical examination of both complainants, submitted a Dr. Fesalbon likewise rendered a report on the medical
report on10
the result of Oleby Nadera’s examination as examination of Maricris Nadera, the pertinent parts of
follows: which state:
PHYSICAL EXAMINATION: PHYSICAL EXAMINATION:

—No sign of external physical injuries as of time of —No sign of external physical injuries as of time of
examination. examination.
—Breast developed —Abdomen, flat, soft.
—Abdomen: flat, soft non-tender. EXTERNAL GENITALIA:
—Absence of pubic hair healed hymenal lacerations,
________________ incomplete at 1, 5, 8, 11 o’clock positions.
8 Id., p. 16.
_________________
9 Records of Criminal Case No. C-4982, p. 20.
10 Exh. A; Records of Criminal Case No. C-4982, p. 10. 11 TSN, pp. 9-10, Aug. 22, 1996.
12 Exh. B; Records of Criminal Case No, C-4985, p. 20.
496
497

People vs. Nadera, Jr. VOL. 324, FEBRUARY 2, 2000 497
EXTERNAL GENITALIA
—Minimal pubic hair INTERNAL EXAMINATION:
—Healed incomplete hymenal lacerations at 5, 7, 12 —Vagina admits 1 finger with ease.
o’clock positions. —Cervix small (-) bleeding
—No bleeding. —Uterus not enlarged.
INTERNAL SPECULUM EXAMINATION —Adnexae (-).
—Vagina admits 2 fingers with ease. LABORATORY EXAMINATION
—Cervix small, firm, close non-tender (-) bleeding. —Smear for the presence of spermatozoa revealed
—Uterus not enlarged. Negative result.
—Adnexae negative
In the case of Maricris Nadera, Dr. Fesalbon explained that
LABORATORY EXAMINATION: the hymenal lacerations could have been caused by
—Smear for the presence of spermatozoa revealed penetration such as through instrumentation or insertion
positive result. of an object inside the vagina. They could also have been
caused by the penetration of the penis. Upon inquiry from
She testified that the hymenal lacerations may have been the court, Dr. Fesalbon stated that the fact that Maricris
caused by the insertion of a hard object, the patient’s had more hymenal lacerations than Oleby could be due to
history of genitalic insertions, a straddle injury, or sitting the difference in the impact of penetration. She added that
on hard wood. She could not determine when these the number of times each of the girls had sexual
intercourse could not be ascertained merely from the

hymenal lacerations, although it could be 13

concluded that and threatened her with harm if she made any noise.
an object had been inserted in the vagina. Accused-appellant then made a pumping 14
motion,
Oleby Nadera testified about the rapes committed by her consummating the sexual act with his daughter.
father against her as follows: After Oleby’s direct examination had been finished,
On May 17, 1992, at around 10 o’clock in the evening, Atty. Brotonel, accused-appellant’s counsel, did not conduct
while Daisy was away working as a domestic helper in any cross-examination on the ground 15
that he was
Bahrain, accused-appellant pulled Oleby, then nine years convinced Oleby was telling the truth.
of age, towards a bed, removed her panties and shorts and On that same day, Maricris also testified. She related
ordered her to keep quiet. He then placed himself on top of how she was raped by her father on March 3, 1996, the
her and inserted his penis into her vagina. He proceeded to year before, when she was 11 years old. At about eight
make an up and down motion while on top of his daughter. o’clock in the evening of said date, while her brother and
All the while, Oleby was crying, pleading with her father, sisters were sleeping, she was pulled by her father towards
“Huwag po!” “Huwag po!” Accused-appellant again ordered his bed and told to lie down. Accused-appellant then placed
Oleby to keep quiet lest her brother and sisters were himself on top of Maricris and inserted his penis into her
awakened. Afterwards, accused-appellant told Oleby to put vagina. Maricris
on her panties and shorts
__________________
________________
14 TSN, pp. 4-19, Aug. 6, 1997.
13 Id., pp. 16-17. 15 Id., p. 22.
498 499
498 SUPREME COURT REPORTS ANNOTATED VOL. 324, FEBRUARY 2, 2000 499
People vs. Nadera, Jr. People vs. Nadera, Jr.
and to go to sleep. Oleby went to the bed where her brother pleaded “Papa, huwag po, maawa naman kayo sa amin.”
and sisters were sleeping and cried. Ignoring his daughter’s pleas, accused-appellant continued
On another occasion, on April 17, 1995, accused- raping her by making a pumping motion and threatened to
appellant sent Sherilyn and Maricris to the sari-sari store kill all of them if she cried. Accused-appellant afterwards
while he asked March Anthony to gather firewood. While asked Maricris to put on her shorts and panties and return
Oleby was left alone inside their house in Barangay to bed. He told Maricris not to cry so as not to awaken her
Bayani, Naujan, Oriental Mindoro, accused-appellant siblings. She did not tell anyone what befell her because
again raped her. Oleby was 12 years old at that time. she was afraid. A neighbor, named Lita Macalalad, asked
Accused-appellant closed the door and windows, removed her if Oleby had been raped by their father. It turned out
Oleby’s panties and shorts and sat down. While sitting Oleby had told her ordeal to Lita Macalalad while they
down, accused-appellant placed Oleby’s legs on his thighs were washing clothes and talking about Oleby’s parents.
and inserted his penis into her vagina. Later on, he told Oleby also told Lita Macalalad that Maricris had been
Oleby to put on her panties and shorts and told her to fetch raped by16their father as well, a fact related to Oleby by
her brother and sisters. Maricris.
Oleby was raped by her father for the third time on Daisy Nadera, accused-appellant’s wife, also testified for
April 24, 1995. That evening, she woke up to find her the prosecution. Her testimony focused on the dates of
father on top of her, taking off her shorts and panties and births of her children and the fact that she was out of the
inserting his penis into her vagina. As her father was country when the alleged rapes occurred. She testified that
taking off her clothes, Oleby cried and pleaded, “Huwag po! she and her daughters filed a complaint for rape against
Huwag po!” Instead of desisting, accused-appellant told her accused-appellant after discovering his hideous acts.
to keep quiet so as not to awaken her brother and sisters,
Thereafter, her
17
children were subjected to a medical guilty. This could be done by requiring him to narrate the
examination. events leading to the crime, making him reenact it, or
On August 12, 1997, the prosecution formally offered its asking him to supply missing details. The judge must
documentary evidence and rested its case thereafter. satisfy himself that: (1) the accused is voluntarily pleading
Accused-appellant did not present any evidence in his guilty, and (2) he is truly guilty and there is a rational
defense. basis for a finding of guilt based on his testimony.
On August 27, 1997, the trial court rendered judgment We find merit in accused-appellant’s allegations. In
finding accused-appellant guilty of four counts of rape addition, we find that there was inadequate representation
against 18his daughters. The dispositive portion of its of his case in court, thus necessitating the remand of this
decision reads: case for further proceedings.
ACCORDINGLY, the Court finds accused Elegio Nadera, Jr.,

guilty beyond reasonable doubt, as principal, of the crime of Rape I.
4 counts with the qualifying circumstance that the victims are
under 18 years of age and the offender is a parent. He is hereby Rule 116 of the Rules on Criminal Procedure provides:
sentenced to suffer the penalty of Reclusion Perpetua ranging SEC. 3. Plea of guilty to capital offense; reception of evidence.—
from 20 years and 1 day to 40 years for the rape committed on When the accused pleads guilty to a capital offense, the court
May 17, 1992 and 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
16 Id., pp. 24-34.
culpability. The accused may also present evidence on his behalf.
17 TSN, pp. 1-13, Aug. 12, 1997.
18 Records of Criminal Case No. C-4982, p. 63; Decision, p. 7. ________________
500 19 187 SCRA 637 (1990).
501
People vs. Nadera, Jr. VOL. 324, FEBRUARY 2, 2000 501
three DEATH PENALTIES for the rape committed on April 17
and 24, 1995 and March 3, 1996, together with the accessory
penalties provided by law. He is also ordered to indemnify victim Under this Rule, three things are enjoined upon the trial
Oleby Nadera the total amount of P150,000.00 in Criminal Case court when a plea of guilty to a capital offense is entered:
Nos. C-4982, C-4983 and C-4984 and Maricris Nadera, the (1) the court must conduct a searching inquiry into the
amount of P50,000.00 in Criminal Case No. C-4985, without voluntariness of the plea and the accused’s full
subsidiary imprisonment in case of insolvency, and to pay the comprehension of the consequences thereof; (2) the court
costs. must require the prosecution to present evidence to prove
SO ORDERED. the guilt of the accused and the precise degree of his
culpability; and, (3) the court must ask the accused if he
As already stated, accused-appellant’s lone assignment of desires to present 20evidence on his behalf and allow him to
error is that the trial court accepted his plea of guilty to a do so if he desires.
capital offense without making a searching inquiry to What constitutes a searching inquiry, as explained in
21
determine whether he understood the consequences of his People v. Alicando, is that the plea of guilt must be based
plea. In support of his contention, accused-appellant
19
on a free and informed judgment. Hence, a searching
invokes the ruling in the case of People v. Dayot in which inquiry must focus on: (1) the voluntariness of the plea, and
this Court ruled that, in criminal cases, the judge must be (2) the full comprehension of the consequences of the plea.
convinced that the accused, in pleading guilty, is truly
In the case at bar, the record does not show what exactly The warnings given by the trial court in this case fall short
transpired at the re-arraignment of accused-appellant, for of the requirement that it must make a searching inquiry
what reason he changed his plea from “not guilty” to to determine whether accused-appellant understood fully
“guilty,” and whether he fully understood the consequences the import of his guilty plea. As has been said, a mere
of his guilty plea. The only indication in the record that warning that the accused
24
faces the supreme penalty of
accused-appellant changed his plea to guilty is the death is insufficient. For more often than not, an accused
Certificates of ReArraignment, dated August
22
5, 1997, in pleads guilty upon bad advice or because he hopes for a
Criminal Case Nos. C-4982 to C-4985. On what exactly lenient treatment or a lighter penalty.
25
The trial judge must
accused-appellant said in entering his plea of guilty and erase such mistaken impressions. He must be completely
what exactly he had been told by the trial judge, the convinced that the guilty plea made by the accused was not
records shed no light. There is thus no evidence to show made under duress or promise of reward. The judge must
that accused-appellant’s guilty plea was voluntarily made ask the accused the manner the latter was arrested or
or that he hacj fully understood the consequences of such detained, and whether he was assisted by counsel during
plea. the custodial and preliminary investigations. In addition,
In its decision, the trial court described the manner in the defense counsel should also be asked whether he
which the accused pleaded guilty, thus: conferred with the accused and completely explained to
him the meaning and the consequences of a plea of guilt.
Upon arraignment, accused, assisted by Atty. Manolo A. Brotonel Furthermore, since the age, educational attainment and
of the Public Attorney’s Office, pleaded not guilty to the crime socio-economic status of the accused may reveal insights for
charged. However, on August 5, 1997, when these cases were a proper verdict in the case, the trial court must ask
called for pre-trial and trial, counsel for the accused manifested 26
questions concerning them. In this case, absent any
that the showing that these questions were put to accused-
appellant, a searching
________________
20 People v. Bello, G.R. Nos. 130411-14, Oct. 13, 1999, 316 SCRA 804. ________________
21 321 Phil. 657; 251 SCRA 293 (1995).
23 Records of Criminal Case No. C-4982, pp. 58-59.
22 Records of Criminal Case No. C-4982, pp. 49, 54-56.
24 People v. Estomaca, 326 Phil. 429; 256 SCRA 421 (1996).
502 25 People v. Bello, supra.
26 People v. Estomaca, supra.
502 SUPREME COURT REPORTS ANNOTATED 503

VOL. 324, FEBRUARY 2, 2000 503
accused, realizing the futility of entering into trial and
considering that he actually committed the acts complained of, People vs. Nadera, Jr.
intimated his intention to enter a plea of guilty to the above-
mentioned charges. The accused was then asked by this Court if inquiry cannot be said to have been undertaken by the trial
he was aware of the consequences of a plea of guilty to a capital court.
offense: that for the rape he committed on May 17, 1992 against What the triad court did in this case, as described in its
his daughter, Oleby Nadera, who was 9 years old at the time, he decision, 27is similar to what happened in People v.
would be sentenced to reclusion perpetua and for the three other Sevilleno. In that case, the accused was charged with the
counts of rape committed on April 17 and 24, 1995 [both against rape and homicide of a nine-year old girl. The accused
Oleby Nadera] and on March 3, 1996 [against Maricris Nadera, 11 pleaded guilty whereupon the judge asked him questions:
years old at the time], he would be sentenced to death by lethal (1) Do you understand your plea of guilt? and (2) Do you
injection. After having been informed of this, he insisted that he is know that your plea of guilt could bring the death penalty?
willing to enter a plea of guilty to23 the crimes charged and is ready This Court held that these questions did not constitute a
to face the consequences thereof. searching inquiry.
. . . In every case where the accused enters a plea of guilty to a for the narration of the prosecution’s evidence and a bare
capital offense, especially where he is an ignorant person with recital of R.A. No. 7659, amending Art. 335 of the Revised
little or no education, the proper and prudent course to follow is to Penal Code, there is nothing else to indicate the reason for
take such evidence as are available and necessary in support of the decision. There is no evaluation of the evidence and no
the material allegations of the information, including the reason given why the court found the testimonies of the
aggravating circumstances therein enumerated, not only to witnesses credible. Rule 120 of the 1985 Rules on Criminal
satisfy the trial judge himself but also to aid the Supreme Court Procedure provides:
in determining whether the accused really and truly understood
and comprehended the meaning, full significance and Sec. 2. Form and contents of judgment.—The judgment must be
consequences of his plea.
28
written in the official language, personally and directly prepared
by the judge and signed by him and shall contain clearly and
Clearly, the plea of guilty of accused-appellant in this case distinctly a statement of the facts proved or admitted by the
was made improvidently. accused and the law upon which the judgment is based.
If it is of conviction, the judgment shall state (a) the legal
qualification of the offense constituted by the acts committed by
II.
the accused, and the aggravating or mitigating circumstances
attending the commission thereof, if there be any; (b)
Convictions based on an improvident plea of guilt are set
participation of the accused in the commission of the offense,
aside only if such plea is the sole basis of the judgment. If
whether as principal, accomplice, or accessory after the fact; (c)
the trial court relied on sufficient and credible evidence to
the penalty imposed upon the accused; and (d) the civil liability or
convict the accused, the conviction must be sustained,
damages caused by the wrongful act to be recovered from the
because then it is predicated not merely on the guilty plea
accused by the offended party, if there be any, unless the
of the accused but on evidence proving his commission of
29
enforcement of the civil liability by a separate action has been
the offense charged.
reserved or waived.
As already stated, the prosecution evidence consisted of
In case of acquittal, unless there is a clear showing that the act
the testimonies of Oleby and Maricris Nadera, the results
from which the civil liability might arise did not exist, the
of their
judgment shall make a finding on the civil liability of the accused
in favor of the offended party.
_________________
30
In People v. Bugarin, we stated:
27 G.R. No. 129058, March 29, 1999, 305 SCRA 519.
28 Ibid.
_________________
29 People v. Lakindanum, G.R. No. 127123, March 10, 1999, 304 SCRA
429. 30 339 Phil. 570, 579-580; 273 SCRA 384, 393 (1997).
504 505
People vs. Nadera, Jr. People vs. Nadera Jr.
medical examinations, and the testimonies of their mother, The requirement that the decisions of courts must be in writing
Daisy, and the physician who conducted the medical and that they must set forth clearly and distinctly the facts and
examination of the two girls, Dr. Cynthia Fesalbon. Certain the law on which they are based serves many functions. It is
circumstances present in this case, however, persuade us intended, among other things, to inform the parties of the reason
that a remand of this case is necessary. or reasons for the decision so that if any of them appeals, he can
First. A perusal of the decision of the court reveals that point out to the appellate court the finding of facts or the rulings
the trial judge failed to state the factual and legal reasons on points of law with which he disagrees. More than that, the
on which he based accused-appellant’s conviction. Except
requirement is an assurance to the parties that, in reaching and later ceased to appear for the accused. This Court held
judgment, the judge did so through the processes of legal that:
reasoning. It is, thus, a safeguard against the impetuosity of the
judge, preventing him from deciding by ipse dixit. Vouchsafed The right to counsel must be more than just the presence of a
neither the sword nor the purse by the Constitution but lawyer in the courtroom or the mere propounding of standard
nonetheless vested with the sovereign prerogative of passing questions and objections. The right to counsel means that the
judgment on the life, liberty or property of his fellowmen, the accused is amply accorded legal assistance extended by a counsel
judge must ultimately depend on the power of reason for who commits himself to the cause for the defense and acts
sustained public confidence in the justness of his decision. The accordingly. The right assumes an active involvement by the
decision of the trial court in this case disrespects the judicial lawyer in the proceedings, particularly at the trial of the case, his
function. bearing constantly in mind of the basic rights of the accused, his
being well-versed on the case and his knowing the fundamental
Second. The cavalier attitude of accused-appellant’s procedures, essential laws and existing jurisprudence. The right
counsel, Atty. Manolo A. Brotonel of the Public Attorney’s of an accused to counsel finds substance in the performance by the
Office, cannot go unnoticed. It is discernible in (a) his lawyer of his sworn duty of fidelity to his client. Tersely put, it
refusal to cross-examine Oleby Nadera; (b) the manner in means an efficient and truly decisive legal assistance and not a
which he conducted Maricris Nadera’s cross-examination; simple perfunctory representation.
and, (c) his failure not only to present evidence for the
accused but also to inform the accused of his right to do so, Measured by this standard, the defense counsel’s conduct
if he desires. in this case falls short of the quality of advocacy demanded
Only faithful performance by counsel of his duty towards of him, considering the gravity of the offense charged and
his client can give meaning and substance to the accused’s the finality of the penalty. A glaring example of his
right to due process and to be presumed innocent until manifest lack of enthusiasm for his client’s cause is his
proven otherwise. Hence, a lawyer’s duty, especially that of decision not to cross-examine Oleby Nadera, as revealed in
a defense counsel, must not be taken lightly. It must be the following portion of the records:
performed with all the zeal and vigor at his command to
COURT:
protect and safeguard the accused’s fundamental
31
rights.
In the case of People vs. Bermas, no less than three Any cross?
PAO lawyers were found by the Court to have failed in ATTY. BROTONEL:
performing their duties to their client, an accused charged
If Your Honor please, we are not conducting any cross-
with raping his daughter. The first lawyer inexplicably
examination, because this representation, from the
waived the cross-examination of the private complainant
demeanor of the witness, I am convinced that she is
and later asked to be relieved of her duties as counsel de 32
telling the truth.
oficio. A second lawyer
It may be so that defense counsel personally found Oleby’s
________________
testimony to be believable. Nonetheless, he had the
31 G.R. No. 120420, April 21, 1999, 306 SCRA 135. bounden
506 ________________
32 TSN, p. 22, August 6, 1997.

People vs. Nadera, Jr. 507
appointed by the court missed several hearings during the VOL. 324, FEBRUARY 2, 2000 507
trial and could no longer be located. The third PAO lawyer People vs. Nadera, Jr.
appointed by the trial court accepted his duties reluctantly

duty to scrutinize private complainant’s testimony to People vs. Nadera, Jr.

ensure that the accused’s constitutional right to confront
and examine the witnesses against him was not rendered that she was lying when she said that on April 24, 1995 she
for naught. had been raped by accused-appellant, but it does indicate a
It bears pointing out that in rape cases, it is often the necessity—that of cross-examining her in order to ferret
word of the complainant against that of the accused, the out the truth.
two being the only persons present during the commission The same may be said of defense counsel’s treatment of
of the offense. While the lone testimony of the victim is Maricris’ testimony. While she was cross-examined by
sufficient to convict the accused, such testimony must be defense counsel, the examination was at best a half-
clear, positive, convincing and consistent with human hearted attempt to comply with a lawyer’s obligation,
nature and the normal course of things. Complainant’s lacking the rigor and zeal required considering that a
testimony cannot be accepted with precipitate credulity man’s life is at stake. The cross-examination centered on
without denying the33 accused’s constitutional right to be what Maricris did or did not do while she witnessed her
presumed innocent. This is where cross-examination sister being raped, and on her failure to report the
becomes essential to test the credibility of the witnesses, allegedly incestuous rapes against them. Said cross-
expose falsehoods or half-truths, uncover the truth which examination did not even touch upon the specific details
rehearsed direct examination testimonies may successfully concerning the rape committed against her. Containing
suppress, and demonstrate inconsistencies in substantial lurid details as it may be, it was nonetheless important to
matters which create reasonable doubt as to the guilt of the probe Maricris’ testimony, especially since it was
accused and thus to give substance to the constitutional substantially similar to the first incident of rape narrated
right of the accused to confront the witnesses against him. by her sister, and thus raised the possibility that it was a
For unless proven otherwise to be guilty beyond all 34 rehearsed, if not concocted, story.
reasonable doubt, the accused is presumed to be innocent. Lastly, not only did defense counsel fail to object to the
Indeed, cross-examining Oleby Nadera becomes documentary evidence presented by the prosecution,
indispensable if her testimony is viewed together with the according to the trial court’s decision, he even expressed his
results of her medical examination. Oleby Nadera claimed 35 conformity to the admission of the same. Neither did he 37
that she was last raped by her father on April 24, 1995. present any evidence on behalf of accused-appellant.
Yet, the
36
medical examination conducted on her on April 30, Worse, nowhere in the records is it shown that accused-
1996 revealed the presence of spermatozoa in the vaginal appellant was informed, either by his counsel or by the
canal on that date. This was a year after the last rape court, of his right to present evidence, if he so desires.
allegedly committed by her father. This evident Atty. Brotonel, as counsel de oficio, had the duty to
discrepancy leads to only one natural conclusion: Oleby defend his client and protect his rights, no matter how
engaged in sexual intercourse a few days before she was guilty or evil he perceives accused-appellant to be. The
examined. This raises a number of questions that bear performance of this duty was all the more imperative
upon the credibility of Oleby as a witness and upon the because the life of accused-appellant hangs in the balance.
guilt of accused-appellant. This may not necessarily mean His duty was no less because he was counsel de oficio.
In view of the foregoing, we find it necessary to remand
________________ the case for the proper arraignment and trial of the
accused, con-
33 People v. Estrera, 285 SCRA 372 (1998).
34 People v. Pido, 200 SCRA 45 (1991).
________________
35 TSN, p. 16, Aug. 6, 1997.
36 Exh. A. 37 Records of Criminal Case No. C-4982, p. 61.
508 509

People vs. Nadera, Jr. Sahali vs. Commission on Elections
sidering not only the accused’s improvident plea of guilt An examination of related provisions in the Constitution
but also his lawyer’s neglect in representing his cause. A concerning the right to counsel, will show that the
new trial has been ordered in criminal cases on the ground “preference in the choice of counsel” pertains more aptly
of retraction of witnesses, negligence or incompetency of and specifically to a person under custodial investigation
counsel, improvident plea of guilty, disqualification of an rather than one who is the accused in a criminal
attorney de oficio to represent the accused in the trial prosecution. (Amion vs. Chiongson, 301 SCRA 614 [1999])
court, and where a judgment was rendered on a stipulation
of facts 38 entered into by both the prosecution and the ——o0o——
defense.
WHEREFORE, the decision, dated April 27, 1997, of the
Regional Trial Court, Branch 40, Calapan, Oriental
Mindoro, is hereby SET ASIDE and Criminal Case Nos. C-
4982, C-4983, C-4984 and C-4985 are REMANDED to it for
further proceedings in accordance with this decision. The
© Copyright 2020 Central Book Supply, Inc. All rights reserved.
trial court is enjoined to conduct the proper trial of
accused-appellant with all deliberate speed upon receipt of
the records of the cases.
SO ORDERED.
Davide, Jr. (C.J.), Bellosillo, Melo, Puno, Vitug,

Kapunan, Panganiban, Quisumbing, Purisima, Pardo,
Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr.,
JJ., concur.
Order set aside, case remanded to trial court for further

proceedings.
Notes.—The duty of the court to appoint a counsel de

oficio when the accused has no counsel of choice and
desires to employ the services of one is mandatory only at
the time of arraignment. This is no longer so where the
accused has proceeded with the arraignment and the trial
with a counsel of his choice but when the time for the
presentation of the evidence for the defense has arrived, he
appears by himself alone and the absence of his counsel
was inexcusable. (Sayson vs. People, 166 SCRA 680 [1988])
________________
38 People v. Del Mundo, 262 SCRA 266 (1996), citing Jose v. Court of
Appeals, 70 SCRA 257 (1976).
510

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4/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 324 4/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 324

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

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492 SUPREME COURT REPORTS ANNOTATED MENDOZA, J.:

494 SUPREME COURT REPORTS ANNOTATED

they went to the police authorities of

PHYSICAL EXAMINATION: PHYSICAL EXAMINATION:

496 SUPREME COURT REPORTS ANNOTATED

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hymenal lacerations, although it could be 13

ACCORDINGLY, the Court finds accused Elegio Nadera, Jr.,

500 19 187 SCRA 637 (1990).

502 SUPREME COURT REPORTS ANNOTATED 503

32 TSN, p. 22, August 6, 1997.

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duty to scrutinize private complainant’s testimony to People vs. Nadera, Jr.

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People vs. Nadera, Jr. Sahali vs. Commission on Elections

Davide, Jr. (C.J.), Bellosillo, Melo, Puno, Vitug,

Order set aside, case remanded to trial court for further

Notes.—The duty of the court to appoint a counsel de

510 SUPREME COURT REPORTS ANNOTATED

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