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PEOPLE OF THE PHILIPPINES vs. RENATO TALUSAN yPANGANIBAN

G.R. No. 179187 July 14, 29 SE!ON" "I#ISION$!ARPIO %ORALES, J.&

FA!TS'

Topic: Meaning of searching inquiryCrime: kidnapping with rapePlace of commission: Las Pias City

enato Talusan y Pangani!an "appellant# was charged of kidnapping withrape of $$$% a minor of si& years' (pon arraignment% appellant% with theassistance of his counsel de o)cio% entered a plea of guilty' The lower courtthereupon conducted a searching inquiry into the *oluntariness ofappellant+s plea% and despite repeated questions and ,ust as repeatedanswers showing that appellant understood his plea and its consequences%the trial court still ordered the prosecution to% as it did% present e*idence'The trial court con*icted appellant "death#' The case was forwarded to this

Court on automatic re*iew due to the death penalty imposed' -owe*er% theCourt referred the case to the Court of $ppeals for intermediate disposition'The Court of $ppeals upheld with modi)cation appellant+s con*iction"reclusion perpetua#' .n his lone assignment of error% appellant faults thetrial court for con*icting him on the !asis of an impro*ident plea of guilt asit failed% so he claims% to ,udiciously follow the guidelines set forth in People

*' Pastor'

ISSUE: /id the trial court comply with the guidelines set forth in People *'Pastor0

HEL": 1es

.n Pastor% the Court% holding that 2there is no de)nite and concrete rule as tohow a trial ,udge must conduct a 3searching inquiry%+2 ne*ertheless came upwith the following guidelines:

4' $scertain from the accused himself "a# how he was !rought into thecustody of the law5 "!# whether he had the assistance of a competent counselduring the custodial and preliminary in*estigations5 and "c# under whatconditions he was detained and interrogated during the in*estigations' Thisis intended to rule out the possi!ility that the accused has !een coerced orplaced under a state of duress either !y actual threats of physical harmcoming from male*olent quarters or simply !ecause of the ,udge6sintimidating ro!es'7' $sk the defense counsel a series of questions as to whether he hadconferred with% and completely e&plained to% the accused the meaning and

consequences of a plea of guilty'8' 9licit information a!out the personality pro)le of the accused% such as hisage% socioeconomic status% and educational !ackground% which may ser*e asa trustworthy inde& of his capacity to gi*e a free and informed plea of guilty';' .nform the accused the e&act length of imprisonment or nature of thepenalty under the law and the certainty that he will ser*e such sentence'

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authorship of the crime proper !ut also of the aggra*ating circumstancesattending it% that increase punishment'=' .nquire if the accused knows the crime with which he is charged and fullye&plain to him the elements of the crime which is the !asis of his indictment'=A'