G.R. No. 85279 - Social Security System Employees Association vs. Court of Appeals

Emma R. Delgado (petitioner), together with Gloria C. Tortona, Celia Capistrano, and Catalino Bautista alias Atty. Paulino Bautista (still at large), were charged with estafa through falsification of public and/or official documents.
The crime allegedly involved deceiving one Erlinda Rueda, a Medical Technologist, to arrange her travel to the United States.

All accused, except Bautista, pleaded not guilty and proceeded to trial.
Emma R. Delgado was represented by her counsel de parte, Atty. Lamberto G. Yco.
On December 13, 1973, Atty. Yco failed to appear despite prior notice to continue defense evidence presentation and sent a telegram requesting postponement due to alleged sickness; however, no medical certificate was submitted.
The trial fiscal objected to the postponement, citing history of prior delays. The court sustained the objection, ruled Delgado waived her defense presentation, and considered the case submitted for decision.

On March 20, 1974, the trial court found Delgado, Tortona, and Capistrano guilty beyond reasonable doubt of estafa through falsification of documents.
Sentences included indeterminate prision correccional of 2 years and 4 months to 6 years, a fine of P5,000, indemnification of offended party P7,431, and joint and several payment of moral damages of P5,000 and one-fourth of costs.
Gloria C. Tortona did not appeal; Delgado and Capistrano appealed the judgment.

On December 6, 1976, the Court of Appeals affirmed the conviction of Delgado but reversed that of Capistrano, ordering cancellation of bail bond and costs accordingly.
Final entry of judgment issued on December 27, 1976; records remanded for execution on February 1, 1977.

Petitioner Delgado claimed irregularity in notice and receiving copy of the judgment as her counsel allegedly failed to inform her.
On February 17, 1977, Delgado filed an Urgent Motion before the Court of Appeals to set aside the entry of judgment, recall the records, and allow her to personally receive decision copy.
This motion was denied on April 20, 1977.
On May 11, 1977, the Court of First Instance ordered Delgado’s arrest and bond confiscation for failure to appear at execution of judgment.
On May 27, 1977, Delgado filed a Motion for Reconsideration, arguing newly discovered fact — that her counsel, Atty. Yco, was not a licensed member of the Philippine Bar. She prayed for a new trial for denial of right to competent counsel.
The Court of Appeals denied the motion on June 3, 1977.
Delgado filed the present petition for Certiorari and Mandamus with prayer for preliminary injunction before the Supreme Court to review the orders denying her motions and the arrest order.

Whether petitioner Emma R. Delgado was deprived of the right to competent legal representation when her counsel, Atty. Lamberto G. Yco, was not a member of the Philippine Bar.
Whether such deprivation constitutes a denial of due process invalidating previous orders and judgments.
Whether the denial of petitioner’s motion to set aside the entry of judgment and recall records was proper.
Whether the issuance of arrest order and bond confiscation for failure to appear in execution proceedings acted against petitioner’s rights.