Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1967 > December 1967 Decisions > G.R. No. L-23508 December 11, 1967 - PEOPLE OF THE PHIL. v. NELLY P. CORTEZ:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-23508. December 11, 1967.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NELLY P. CORTEZ, Defendant-Appellant.

Solicitor General for Plaintiff-Appellee.

Angel Aquino, for Defendant-Appellant.


SYLLABUS


1. CRIMINAL PROCEDURE; PLEA OF GUILTY; EFFECT OF FAILURE TO RECORD. — Even assuming that defendant’s plea of guilty, altho made was not entered in the record, the failure to so enter the same does not affect the validity of the proceeding held (Sec. 1, Rule 118, Rules of Court).

2. GRAVE SLANDER; PENALTY. — Where the slander, as quoted in the complaint is of a patently serious and insulting nature, the penalty is arresto mayor in its maximum period to prision correccional in its minimum period.


D E C I S I O N


BENGZON, J.P., J.:


A complaint for grave slander was filed on January 16, 1964 by Julita Santos against Nelly P. Cortez in the Court of First Instance of Manila. It was alleged therein:jgc:chanrobles.com.ph

"That on or about the 14th day of November, 1963, in the City of Manila, Philippines, the said accused did then and there wilfully, unlawfully, feloniously and publicly utter and proffer slanderous words and expressions which are grave and of insulting nature, considering that the complainant is a married woman with good reputation, such as ‘Matanda kang walang hiya, anak mo na lamang nagpapaasawa ka pa, kaya ikaw ay hiniwalayan ng asawa mo dahil sa gawain mo, ang sabi ng asawa ko ay nagpaasawa ka sa kanya, iyon pumunta ka roon sa Kalunya mo’ and other words of similar import against Julita Santos, thereby bringing the latter into public disgrace, contempt and ridicule."cralaw virtua1aw library

At the arraignment on January 30, 1964, the defendant, waiving the right to be assisted by counsel, pleaded not guilty to the charge. The case was then set for hearing at 8:30 A.M. of February 6, 1964. On said date, however, on petition of Atty. Angel Aquino, counsel de oficio of the accused, to enable him to prepare for the defense, the hearing was postponed to 8:30 A.M. of March 3, 1964.

From this point, the record of the trial court shows that on the date scheduled for hearing, the court rendered a decision which, after quoting the charge, proceeded to state as follows:jgc:chanrobles.com.ph

"Upon being arraigned assisted by her counsel de oficio, Atty. Angel Aquino, the accused voluntarily and spontaneously entered the plea of guilty and insisted thereto notwithstanding the information furnished her by the Court regarding the consequence of her plea.

"WHEREFORE, the Court finds the accused NELLY P. CORTEZ guilty beyond reasonable doubt of the commission of the crime of grave slander, defined and penalized in Art. 358 of the Revised Penal Code, and appreciating in her favor the mitigating circumstances of voluntary plea of guilty, hereby sentences her to suffer the penalty of four (4) months and one (1) day of arresto mayor, with the accessory penalties prescribed by law, and to pay the costs of these proceedings.

"SO ORDERED." (Record, p. 16)

The same day, the accused filed a notice of appeal to the Court of Appeals, from said decision convicting her. The Court of Appeals, on September 3, 1964, certified said appeal to this Court as involving only questions of law.

Appellant in her brief now contends that she did not plead guilty to the complaint and that no plea of guilty had thereafter been entered of record as required by the Rules. Appellant would rely on the fact that a page of the trial court’s record (page 15), which she alleges to have contained the stenographic recording of the trial of March 3, 1964, is missing, adding that the loss appears to have occurred while the case was in the Court of Appeals. It is argued that said loss has rendered it impossible for appellant to prove her claim that she never pleaded guilty to the complaint. She stresses that the only plea of record is that of "not guilty" entered on January 30, 1964. And, with the conformity of the Solicitor General (See Appellee’s brief, p. 3), she now asks for a remand of the case for trial.

Fortunately, there are other data of record showing that defendant really pleaded guilty in the lower court. Thus, in appellant’s motion of April 30, 1964, with her annexed affidavit (Annex "G") praying for admission of attached documents as part of the record, and her supplemental motion of May 19, 1964, asking that she be allowed to present evidence, in addition to her plea of guilty, in order to obtain a lesser penalty, both filed in the Court of Appeals, and appearing in the Rollo of this case, defendant admits that she pleaded guilty but argues that the court should have allowed her to present evidence in spite of her plea of guilty, to determine the graveness or lightness of the offense charged as well as the corresponding penalty to be imposed. Thus, she stated in the affidavit:jgc:chanrobles.com.ph

"2. That I have interposed said appeal of the lower court’s judgment of conviction not for the purpose of seeking its reversal but only for the purpose of seeking a modification of the penalty imposed which I believe is rather harsh and severe or excessive;

x       x       x


"With respect to the lawyer offered to me by the Honorable Judge, I declined to avail of his services, besides I was then already deadset to plead guilty. In fact, my only conversation with the court- appointed lawyer was when I asked him what the penalty would be in the event I enter a plea of guilty and he assured me that I will only be made to pay a fine not exceeding P20.00 or P30.00. Thus, with this added inducement coming from no less than a lawyer, I did not even hesitate in expressing to the Honorable Judge my willingness to plead guilty."cralaw virtua1aw library

It is clear, therefore, that defendant did not question the fact that she pleaded guilty, but even admitted it, until page 15 of the record was missing; thereafter, she started to deny said plea of guilty.

Considering the foregoing circumstances and the presumption that official duty has been regularly performed (Sec. 5[m], Rule 131, Rules of Court), this Court can reach no other conclusion but that the statement in the appealed decision, that the accused pleaded guilty upon arraignment, truly reflects what transpired. And even assuming that defendant’s plea of guilty, altho made, was not entered in the record, the failure to so enter the same does not affect the validity of the proceeding held. (Sec. 1, Rule 118, Rules of Court.)

As regards the correctness of the penalty, the slander, as quoted in the complaint, is patently of a serious and insulting nature. The penalty for slander, if of a serious and insulting nature, is arresto mayor in its maximum period to prison correccional in its minimum period (Art. 358, Revised Penal Code). The court a quo, therefore, imposed the right penalty.

WHEREFORE, the appealed judgment is hereby affirmed, with costs against appellant. Let a copy of this decision be transmitted to the Honorable, Presiding Justice of the Court of Appeals, for any investigation he may wish to order regarding the missing page of the trial court’s record. So ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






December-1967 Jurisprudence                 

  • G.R. No. L-15829 December 4, 1967 - ROMAN R. SANTOS v. FLORENCIO MORENO

  • G.R. No. L-24717 December 4, 1967 - J. M. TUASON & CO., INC. v. GUILLERMO E. TORRES, ET AL.

  • G.R. No. L-28315 December 8, 1967 - AMBROCIO JANAIRO, ET AL. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-28358 December 8, 1967 - JULIAN G. GINETE v. UBALDO Y. ARCANGEL, ET AL.

  • G.R. No. L-18857 December 11, 1967 - CAPITAL INSURANCE & SURETY CO., INC. v. ESTEBAN M. SADANG, ET AL.

  • G.R. No. L-21520 December 11, 1967 - PLARIDEL SURETY & INSURANCE COMPANY v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-21616 December 11, 1967 - GERTRUDES F. CUAYCONG, ET AL. v. LUIS D. CUAYCONG, ET AL.

  • G.R. No. L-21849 December 11, 1967 - LOURDES VDA. DE MAGALONA v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-22325 December 11, 1967 - CORAZON M. ESPINO v. CALIXTO ZALDIVAR, ET AL.

  • G.R. No. L-22471 December 11, 1967 - PEOPLE OF THE PHIL. v. SOLOMON A. LIZARDO

  • G.R. No. L-23508 December 11, 1967 - PEOPLE OF THE PHIL. v. NELLY P. CORTEZ

  • G.R. No. L-23817 December 11, 1967 - FRANCISCA LAZO v. J.M. TUASON & CO., ET AL.

  • G.R. No. L-24221 December 11, 1967 - COMMISSIONER OF INTERNAL REVENUE v. INSULAR LUMBER COMPANY, ET AL.

  • G.R. No. L-24521 December 11, 1967 - EDILBERTO M. RAMOS v. RAMON A. DIAZ, ET AL.

  • G.R. No. L-25245 December 11, 1967 - FRANKLIN BAKER COMPANY OF THE PHILIPPINES v. MAURICIO ALILLANA, ET AL.

  • G.R. No. L-28348 December 15, 1967 - BERNARDINO ABES, ET AL. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-21441 December 15, 1967 - RURAL TRANSIT EMPLOYEES ASSOCIATION, ET AL. v. BACHRACH TRANSPORTATION CO., INC., ET AL.

  • A.C. No. 546 December 18, 1967 - IN RE: DOMINADOR F. FLORES v. LUIS R. LOZADA

  • G.R. No. L-17587 September 12, 1967 - PHILIPPINE BANKING CORPORATION v. LUI SHE

  • G.R. No. L-22585 December 18, 1967 - NICANOR B. PAGKALINAWAN v. AMADOR E. GOMEZ, ET AL.

  • G.R. No. L-22753 December 18, 1967 - JESUS RAMOS, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-23220 December 18, 1967 - CIRIACO INGCO v. BENEDICTO M. SANCHEZ, ET AL.

  • G.R. No. L-23699 December 18, 1967 - JUANITO CHAN v. GREGORIO B. MONTEJO

  • G.R. No. L-21422 December 18, 1967 - IN RE: CHUA TIONG SENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-27826 December 18, 1967 - PASTORA GASPAY, ET AL. v. CESAR SANGCO, ET AL.

  • G.R. Nos. L-24510 & L-24525 December 18, 1967 - MARTINIANO P. VIVO, ET AL. v. JESUS P. MORFE, ET AL.

  • G.R. No. L-23191 December 19, 1967 - GERONIMO G, ESGUERRA, ET AL. v. FELIPE M. VILLANUEVA, ET AL.

  • G.R. No. L-22269 December 20, 1967 - AMANDO AÑONUEVO, ET AL. v. ALBERTO AÑONUEVO, ET AL.

  • G.R. No. L-23661 December 20, 1967 - JOSE MANANGOL BARTOLOME, ET AL. v. JUSTO BARTOLOME

  • G.R. No. L-24572 December 20, 1967 - PHILIPPINE POSTAL SAVINGS BANK, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-22265 December 22, 1967 - COLLECTOR OF INTERNAL REVENUE v. GOODRICH INTERNATIONAL RUBBER CO.

  • G.R. Nos. L-22512 & L-22514 December 22, 1967 - ANDRES E. LAZARO v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-21150 December 26, 1967 - AMADO CAYANAN, ET AL. v. LEON DE LOS SANTOS, ET AL.

  • G.R. No. L-21577 December 26, 1967 - REMEDIOS C. LEDESMA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-22022 December 26, 1967 - EMILIANO T. RAMIREZ v. JOSE SY CHIT

  • G.R. No. L-23135 December 26, 1967 - MARIANO SUMILANG v. SATURNINA RAMAGOSA, ET AL.

  • G.R. No. L-23764 December 26, 1967 - JUAN SUMERARIZ v. DEVELOPMENT BANK OF THE PHILIPPINES, ET AL.

  • G.R. No. L-23887 December 26, 1967 - AGO TIMBER CORPORATION v. JESUS S. RUIZ, ET AL.

  • G.R. No. L-24200 December 26, 1967 - ELIZALDE & CO., INC. v. COURT OF AGRARIAN RELATIONS, ET AL.

  • G.R. No. L-26947 December 26, 1967 - CALTEX (PHILIPPINES) INC. v. CUSTOMS ARRASTRE SERVICE, ET AL

  • G.R. No. L-28359 December 26, 1967 - ABDULLAH SANGKI v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-28395 December 26, 1967 - LILIA PEÑA, ET AL. v. DAMASO S. TENGCO, ET AL.

  • G.R. No. L-22517 December 26, 1967 - PEOPLE OF THE PHIL. v. GETULIO VERZO, ET AL.

  • G.R. No. L-23986 December 26, 1967 - ERNESTO DEL ROSARIO, ET AL. v. JACINTO CALLANTA

  • G.R. No. L-28349 December 28, 1967 - CONSUELO V. CALO, ET AL. v. MANUEL L. ENAGE, ET AL.

  • G.R. No. L-28206 December 28, 1967 - PRISCILO G. INTING v. ZOILA L. CLARIN

  • G.R. No. L-18649 December 29, 1967 - CEBU PORTLAND CEMENT COMPANY v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20156 December 29, 1967 - IN RE: MANUEL TO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20865 September 29, 1967 - ASELA P. TACTAQUIN v. JOSE B. PALILEO

  • G.R. No. L-21293 December 29, 1967 - REGINO G. AGUIZAP v. EUGENIO BASILIO, ET AL.

  • G.R. No. L-21641 December 29, 1967 - MANUEL IBAVIOSA v. BENIGNO TUAZON, ET AL.

  • G.R. No. L-22057 December 29, 1967 - ROMUALDO MONTESINO, ET AL. v. EUSEBIO RULLAN, ET AL.

  • G.R. No. L-23405 December 29, 1967 - PEOPLE OF THE PHIL. v. DOMINGO BATO

  • G.R. No. L-23773-74 December 29, 1967 - FRANCISCO PINEDA, ET AL. v. PASTOR DE GUZMAN

  • G.R. No. L-28328 December 29, 1967 - NICANOR C. IBUNA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-28396 December 29, 1967 - AGRIPINO DEMAFILES v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-20894 December 29, 1967 - PEOPLE OF THE PHIL. v. ROGER M. PERETO, ET AL.

  • G.R. No. L-22169 December 29, 1967 - SERGIO ALABAT, ET AL. v. TORIBIA TANDOG VDA. DE ALABAT, ET AL.

  • G.R. No. L-21309 December 29, 1967 - BERNARDO PICARDAL, ET AL. v. CENON LLADAS

  • G.R. No. L-23504 December 29, 1967 - ALBERTO DE JOYA v. JUAN T. DAVID, ET AL.

  • G.R. No. L-23886 December 29, 1967 - FRANCISCO PERIQUET v. ANDRES REYES, ET AL.

  • G.R. No. L-28340 December 29, 1967 - JOSEPH EJERCITO ESTRADA v. PEDRO C. NAVARRO, ET AL.