4. Improvident Plea

IMPROVIDENT PLEA

IMPROVIDENT PLEA is a plea without information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information or advice.

Effects of Improvident Plea

The conviction will be set aside if the plea of guilty is the sole basis for the judgment.

But, the court may validly convict the accused if such conviction is supported by adequate evidence of guilt independent of the plea itself.

When Remand Necessary in cases of Improvident Plea of Guilty

Where there is an improvident plea of guilt, but the prosecution was able to prove beyond reasonable doubt the guilt of the accused, no remand is necessary for so long as there is no procedural unfairness or irregularity.

Where there is an improvident plea of guilt, but the prosecution was unable to prove beyond reasonable doubt the guilt of the accused, remand for further proceedings is necessary. EXCEPTION: Where the prosecution was still unable to prove beyond reasonable doubt despite multiple chances to do so, no remand is necessary, and acquittal should follow. (PP v. Pagal, G.R. No. 241257, 2020)

Withdrawal of Improvident Plea of Guilty

At any time before judgment of conviction becomes final, the court may permit an IMPROVIDENT PLEA of guilty to be withdrawn and be substituted by a plea of not guilty.

The substitution of a plea of guilty by one of not guilty is subject to the discretion of the court and may be granted if the prosecution does not have sufficient evidence to establish the guilt of the accused. (People v. Kayanan, G.R. No. L-30355, 1978)

Instances of Improvident Plea:

• Plea of guilty was compelled by violence or intimidation
• Accused did not fully understand the meaning and consequences of his plea
• Insufficient information to sustain conviction of the offense charged
• Information does not charge an offense
• Court has no jurisdiction

The withdrawal of a plea of guilty is not a matter of right to the accused but of sound discretion to the trial court. (People v. Lambino, G.R. No. L-10875, 1958)

There should be a categorical declaration from the accused that he is withdrawing his plea of guilty and substituting it with a plea of not guilty. There must either be a motion to withdraw his plea of guilty or any unequivocal manifestation of the withdrawal of such plea. Convictions based on an improvident plea of guilty are set aside only if such plea is the sole basis of the judgment. If the trial court relied on sufficient and credible evidence to convict the accused, the conviction must be sustained. (People v. Solamillo, G.R. No. 123161, 2003)

The reason behind the rules is that trial has already begun and the withdrawal of the plea will change the theory of the case and put all past proceedings to waste. Moreover, at this point, there is a presumption that the plea was made voluntarily.