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People vs. Manalang [SEPARATE OPINION, DISSENTING, MAKASIAR, J.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO MANALANG y OCON, accused.

G.R. Nos. L-47136-39 | 1983-07-25

DISSENTING OPINION
 
MAKASIAR, J.:
 
I. This case should be remanded to the court of origin to enable the appellant to submit proof of his alleged insanity. It was patent error for the trial court to refuse his offer to testify to prove insanity, not just as a mitigating but as an exempting circumstance, on the tenuous ground that said proof of insanity was in effect a withdrawal of his plea of guilty. The accused has the right to change his plea of guilty to one of not guilty. As a matter of fact, the Judge should have entered the plea of not guilty when the accused offered to testify to prove insanity as the same is inconsistent...