Case Summary (G.R. No. L-46392)
Background of Proceedings and Trial Court Decision
During trial, on the set date for continuation of defense evidence, Delgado’s counsel, Atty. Yco, failed to appear and only sent a telegram citing illness without a medical certificate. The prosecution objected, alleging dilatory tactics due to numerous prior postponements. The trial court sustained the objection, deemed Delgado to have waived presentation of her evidence, and considered the case submitted for decision. On March 20, 1974, the trial court convicted Delgado and others as principals of estafa through falsification, sentencing them to prison and ordering indemnification and fines.
Appeals and Court of Appeals Ruling
Gloria Tortona did not appeal; however, Delgado and Celia Capistrano did. On December 6, 1976, the Court of Appeals affirmed Delgado’s conviction but reversed Capistrano’s acquittal, citing reasonable doubt. A final judgment entry was issued on December 27, 1976, and the case records were remanded to the trial court on February 1, 1977 for execution.
Petitioner’s Allegations of Procedural Irregularities
Delgado asserted that she was never notified of the Court of Appeals’ decision through her counsel, Atty. Yco, prompting her to file an Urgent Motion on February 17, 1977, to set aside the entry of judgment, recall the records, and personally receive a copy of the decision. The Court of Appeals denied this motion on April 20, 1977.
Order for Arrest and Bond Confiscation
On May 11, 1977, the trial court issued an order for Delgado’s arrest and bond confiscation due to failure to appear for execution of judgment. Subsequently, on May 27, 1977, Delgado filed a motion for reconsideration of the Court of Appeals’ denial, presenting the newly discovered fact that her counsel, Atty. Yco, was not a legitimate member of the Philippine Bar. She argued that this deprived her of her right to competent legal representation and prayed for a new trial.
Court of Appeals Denial of Reconsideration and Petition to the Supreme Court
The Court of Appeals denied the motion on June 3, 1977. Delgado then elevated the case to the Supreme Court via a petition for certiorari and mandamus, with a prayer for preliminary injunction, seeking to set aside the prior rulings and assert her right to a new trial based on denial of effective assistance of counsel.
Supreme Court’s Findings and Legal Reasoning
The Supreme Court found merit in Delgado’s petition because the right to legal representation by a duly licensed member of the Philippine Bar in criminal proceedings before the Regional Trial Cou
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Facts of the Case
- Emma R. Delgado, petitioner, together with Gloria C. Tortona, Celia Capistrano, and Catalino Bautista (alias Atty. Paulino Bautista, who remained at large), was charged with estafa through falsification of public and/or official documents.
- The criminal act involved deceiving Erlinda Rueda, a Medical Technologist, by arranging her travel to the United States under false pretenses.
- All accused, except Catalino Bautista, pleaded not guilty; trial ensued with petitioner represented by counsel Atty. Lamberto G. Yco.
- On December 13, 1973, Atty. Yco failed to appear on a scheduled defense evidence date, sending only a telegram claiming illness without medical certification.
- The prosecution objected to the postponement due to alleged dilatory tactics and numerous prior postponements requested by petitioner.
- Trial court sustained the objection, treated the failure as waiver of defense evidence, and considered the case submitted for decision.
- On March 20, 1974, the trial court convicted Gloria C. Tortona, Emma R. Delgado, and Celia Capistrano of estafa with falsification of documents, sentencing them to an indeterminate term and imposing fines and damages.
- Gloria C. Tortona did not appeal; Celia Capistrano and Emma R. Delgado appealed to the Court of Appeals, challenging the evidence and the law applied in the judgment.
Court of Appeals Proceedings
- On December 6, 1976, the Court of Appeals affirmed the conviction of Emma R. Delgado and reversed the conviction of Celia Capistrano.
- Final judgment entry was issued on December 27, 1976.
- Records were remanded to the trial court on February 1, 1977, for execution of judgment.
- Petitioner Delgado alleged irregularities in the notification process, claiming that she was not informed by her counsel Atty. Yco of the decision.
- On February 17, 1977, she filed an Urgent Motion with the Court of Appeals to set aside the entry of judgment, rec