Plea Change from Not Guilty to Guilty

Procedure in Philippine Criminal Courts

I. Overview

Changing a previously entered plea of not guilty to guilty is a significant procedural act governed mainly by Rule 116 (Arraignment and Plea) of the 2019 Revised Rules of Criminal Procedure, relevant Supreme Court circulars on plea-bargaining, and long-standing jurisprudence. Although the Rules devote more textual space to withdrawing a guilty plea than to substituting a guilty one, Philippine courts have consistently allowed the reverse change at almost any stage before judgment becomes final, subject to safeguards that protect the accused’s constitutional rights and the State’s interest in orderly procedure.

II. Legal Foundations

Source	Key Provisions
Constitution (Art. III, §14[1])	Right to due process; right to be informed of the nature and cause of accusation.
Rule 116, Rules of Court	§ 1(a) (arraignment); § 1(b) (plea of guilty to lesser offense); § 3 (plea of guilty to capital offense); § 4 (non-capital offense); § 5 (withdrawal of guilty plea—by analogy the court may accept a change from not guilty to guilty).
Rule 118	Pre-trial and plea-bargaining.
A.M. No. 18-03-16-SC (Plea-Bargaining in Drugs Cases, 2018)	Structured grid of acceptable lesser pleas for R.A. 9165 violations.
A.M. No. 21-06-08-SC (Revised Guidelines on Plea-Bargaining, 2022)	Applies across all crimes except those expressly excluded by statute (e.g., R.A. 8353, R.A. 9262).
Relevant Penal Statutes	Some special laws mandate minimum penalties or bar plea-bargaining (e.g., R.A. 9344 for CICL provides restorative alternatives).

III. When May the Plea Be Changed?

Before trial starts (most common):
- Often triggered by negotiation with the prosecution/offended party or the accused’s desire for a lighter penalty/probation eligibility.
During trial (any time before judgment is promulgated):
- The court should halt proceedings, re-arraign the accused, and comply with the safeguards outlined below.
After prosecution rests but before judgment:
- Allowed, but the court may insist on continuing reception of evidence to establish the precise degree of guilt (especially in capital or complex crimes).
Post-conviction:
- Once judgment is promulgated, the court cannot entertain a change to guilty; the accused must instead file an appeal or a motion for reconsideration.

IV. Procedural Steps

1. Initiation

Who may initiate?	Mode
Accused (personally or through counsel)	Oral manifestation in open court or a written Motion to Change Plea.
Prosecution	May not unilaterally move for a guilty plea; but can enter into plea-bargain negotiations.

Tip: Best practice is to file a short written motion, attaching the proposed Waiver and Manifestation signed by the accused to show voluntariness.

2. Re-arraignment

The court issues an order setting re-arraignment on a date certain. The Information is read verbatim; the accused enters “Guilty” to (a) the original charge or (b) an agreed lesser offense under Rule 116 § 1(b).

3. Searching Inquiry (capital offenses & complex crimes)

The judge must:

Ask the accused to describe the acts constituting the offense in his own words.
Explain the penal consequences (range of penalties, accessory penalties, civil liability).
Ask whether threats, promises, or inducements were made.
Inform the accused that conviction could still occur on a higher qualifying circumstance if proved by evidence.

Landmark cases: People v. Serafica (G.R. No. 121365, 1997); People v. Tampus (G.R. No. 181084, 2010).

The prosecution is then required to present evidence to establish guilt and the precise degree of liability; the accused may cross-examine or present exculpatory evidence.

4. Non-capital Cases

A brief voir dire to confirm voluntariness suffices.
The court may proceed directly to promulgate judgment on the basis of the plea plus any documentary stipulations (e.g., medical reports for injuries).

5. Role of Prosecutor & Offended Party

Scenario	Consent Needed?
Plea to the same offense	No (People of the Philippines is the offended party).
Plea to a lesser offense under Rule 116 § 1(b)	Yes, written conformity of both prosecutor and offended party (or private complainant).

In crimes without a private offended party (e.g., victimless special laws), only the prosecutor’s conformity is necessary.

6. Court Order & Promulgation

The Court issues an order noting the change of plea and, if applicable, approving the plea-bargain.
Promulgation of judgment follows the timelines in Rule 120. In non-capital cases, it may occur immediately after the plea.

V. Interaction with Plea-Bargaining

Crime Class	Governing Instrument	Typical Lesser Plea
Dangerous Drugs	A.M. 18-03-16-SC	From sec. 5 sale → sec. 11 possession (less than 1 g shabu); or sec. 5 → sec. 15 use if quantity minimal.
Qualified Theft	General Plea-Bargaining Guidelines (2022)	From Art. 310 (qualified) → simple theft under Art. 308, or to estafa if facts fit.
Homicide/Murder	Rule 116 § 1(b) + SC case law	From murder to homicide if qualifying circumstances unlikely; or to reckless imprudence resulting in homicide.

Note: Plea-bargaining is disallowed by statute for crimes like rape (R.A. 8353) and violation of R.A. 9262 (V.A.W.C.).

VI. Practical Effects of a Guilty Plea

Sentencing
- Courts may treat the plea as a mitigating circumstance equivalent to voluntary surrender (Art. 13[7], Revised Penal Code).
- In capital cases, however, the plea alone does not lead to automatic imposition of the death-qualified penalty; the court still evaluates evidence to calibrate the penalty.
Probation Eligibility
- An accused who pleads guilty and is sentenced to an offense punishable by ≤6 years may immediately apply for probation before perfecting an appeal (P.D. 968, as amended).
Civil Liability
- The judgment always contains civil damages unless expressly waived by the offended party. The plea is not a waiver of civil action.
Bail
- Bail may be cancelled upon conviction of an offense not bailable on appeal. If sentence is within the bailable range, bail may continue at the court’s discretion.

VII. Jurisprudential Highlights

Case	Gist
People v. Dizon (G.R. No. 191394, 2013)	A guilty plea entered after trial had begun but before judgment was valid; trial court need not start proceedings anew, only ensure a searching inquiry and allow both sides to adduce additional evidence.
People v. Cruz (G.R. No. 165639, 2005)	Conviction for murder overturned because trial judge failed to conduct the mandatory searching inquiry when the accused changed plea during trial.
People v. Bello (G.R. No. 94739, 1993)	Affirmed that a plea of guilty mitigates but does not automatically entitle the accused to the minimum penalty when aggravating circumstances are present.
People v. Murillo (G.R. No. 176473, 2009)	A plea of guilty to a lesser offense without the offended party’s consent is void; conviction was set aside and remanded.

VIII. Withdrawal of the New Guilty Plea

Rule 116 § 5 expressly allows an accused to withdraw a plea of guilty at any time before judgment and substitute a plea of not guilty. By analogy, a second change (guilty → not guilty → guilty) is also permissible provided:

The second change is not done for delay.
The prosecution is not substantially prejudiced (e.g., witnesses already discharged).
The court records in detail the reasons for the accused’s vacillating stance.

IX. Checklist for Counsel & Bench

✔︎	Task
☐	File a motion or orally move to change plea.
☐	Ensure presence of counsel de parte or de oficio; waiver of counsel is disfavored.
☐	For plea-bargains, obtain written conformity of prosecutor & offended party.
☐	Court conducts re-arraignment on the full Information (or amended lesser offense).
☐	Judge performs searching inquiry (capital or grave offenses).
☐	Prosecution presents evidence on guilt and damages where required.
☐	Court promulgates judgment, stating mitigating effect of the plea.
☐	Advise accused about probation or appeal rights immediately after promulgation.

X. Sample Motion to Change Plea (excerpt)

Accused, by counsel, respectfully avers:

He was arraigned on 12 March 2024 and entered a plea of Not Guilty to the charge of Frustrated Homicide.

After consultation with counsel, he now desires to change his plea to Guilty to the lesser offense of Attempted Homicide under Art. 249 in relation to Art. 6, Revised Penal Code. WHEREFORE, accused prays that the Honorable Court set the case for re-arraignment and approve the plea-bargain, with the express conformity of the prosecution and the private complainant attached herein.

XI. Conclusion

Philippine criminal procedure allows remarkable flexibility for an accused who decides—out of remorse, strategy, or pragmatism—to admit guilt after initially contesting the charge. The linchpin is timing (the plea must precede final judgment) and voluntariness (the court’s searching inquiry). Properly managed, a late guilty plea can streamline the trial calendar, spare victims the ordeal of testimony, and open rehabilitative avenues such as probation—all while upholding the accused’s constitutional and statutory rights.