Plea to lesser offense NOT equal to voluntary plea of guilty

Neither may the mitigating circumstance of voluntary plea of guilty to the lesser crime of homicide be appreciated in his favor. The standing plea of appellant is "not guilty" to murder, which he made during his arraignment. In his brief, appellant contends that he offered to plead guilty to homicide, during the plea bargaining process. The accused's offer of a plea to a lesser offense cannot inure to his benefit as the same is allowed only when the prosecution has no sufficient evidence to establish guilt for the crime charged. Therefore, this mitigating, circumstance is likewise not available to him. [G.R. No. 114971. November 19, 1996]