Case Digest (G.R. No. 118435)
Facts:
The People of the Philippines charged Mario Serzo, Jr. by Information dated September 4, 1990 with murder under Article 248 of the Revised Penal Code for the August 22, 1990 stabbing of Alfredo Alcantara in Antipolo, Rizal. After arraignment and a protracted trial marked by appellant’s repeated appearances without retained counsel and the appointment of three counsel de oficio, the Regional Trial Court, Branch 72, convicted appellant on August 23, 1994 and sentenced him to reclusion perpetua with awards of P50,000.00 as indemnity and P25,000.00 as moral damages.
Issues:
- Was appellant deprived of his right to counsel by the trial court’s appointment of counsel de oficio instead of allowing more time to secure counsel de parte?
- Was appellant denied the opportunity to present evidence in his defense because he lacked a counsel de parte?
- Should the conviction for murder be reversed and the awards of damages maintained?
Ruling:
The Supreme Court AFFIRMED the conviction for murder. It held that appellant was not deprived of his right to counsel because he was represented at various stages by court-appointed counsel and repeatedly declined or failed to secure counsel de parte. The Court DELETED the award of P25,000.00 as moral damages and MODIFIED the damages to P50,000.00 as civil indemnity and P2,000.00 as burial expenses.
Ratio:
The Court reasoned that although the right to counsel is guaranteed by Article III, Sec. 12, 1987 Constitution and by the Rules of Court (notably Rule 116), the option to retain a counsel de parte is not absolute and may be limited to prevent dilatory tactics and to protect the public interest in speedy justice; here appellant repeatedly failed or refused to obtain or cooperate with retained counsel despite ample opportunity and the appointment of three competent counsel de oficio. On the merits, the prosecution proved beyond reasonable doubt the victim’s death and appellant’s responsibility, and the facts warranted the qualifying circumstance of treachery, thus sustaining the murder conviction.
Doctrine:
- The right to counsel is constitutional and extends from custodial investigation through trial and appeal.
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