People Vs Dawaton D

 

G.R. No. 146247 September 17, 2002 PEOPLE

v. EDGAR

DAWATON

FACTS: Edgar Dawaton was found guilty by the trial court of murder qualied by treachery and was sentenced to death. On 20 September 1998, Leonidas Lavares and several companions, including Dawaton were drinking in the house of the accused’s uncle. Already drunk, Leonidas Lavares decided to sleep while the accused and his companions connued drinking. Dawaton awakened Lavares by stabbing him at the base of the neck. Dawaton connued stabbing Lavares unl the vicm died. Dawaton then ran away to the house of his other relave, where he was later on arrested by the police. Dawaton was found by the trial court guilty of murder qual qu ali ied ed by tr trea each cher ery y an and d se sent nten ence ced d to de deat ath, h, or orde dere red d to in inde demn mnif ify y th the e he heirs irs of th the e vic vi cm m P5 P50, 0,00 000. 0.00 00 pl plus us th the e ac acce cess ssor ory y pe pena nal les es pr prov ovid ided ed by la law, w, wi with thou outt su subs bsid idia iary ry imprisonment in case of insolvency, and to pay the costs of suit. The accused argues that trial court erred in imposing the death penalty despite the aendance of migang and alternave circumstances in his favor. He avers that he is entled to the migang circumstance of plea of guilty. ISSUE: WON the accused is entled to the migang circumstance of plea of guilty. DECISION: No. While the accused oered to plead guilty to the lesser oense of homicide, he was charged with murder for which he had already entered a plea of not guilty. The Court has ruled that an oer to enter a plea of guilty to a lesser oense cannot be considered as an aenuang circumstance under the provisions of Art. 13 of

The Revised Penal Code

the plea of guilty must be to the oense charged.

because to be voluntary