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Batch 2 People vs Ricardo Rio GR No. 90294, 24 September 1991 201 SCRA 02 !

AC"S Acc#ssed$appella%t Ricardo Rio &as char'ed a%d co%victed o( the crime o( rape be(ore the R"C o( )a*ati Cit+ a%d &as se%te%ced to s#((er the pe%alt+ o( recl#sio% perpet#a. ,e (iled a% appeal a%d as a co%se-#e%ce, the bra%ch cler* o( co#rt (or&arded the records to the CA. the appellate co#rt, ho&ever, (or&arded the records to the SC i% vie& o( the pe%alt+ imposed #po% the acc#sed. ,o&ever, acc#sed$appella%t, i% his t&o letters addressed to the cler* o( co#rt, ma%i(ested his i%te%tio% to &ithdra& the appeal .d#e to his povert+./ 0po% i%-#ir+ o( the cler* o( co#rt o( the trial co#rt, thro#'h the recomme%datio% o( the SolGe%, the acc#sed$appella%t s#bmits that he &as %o lo%'er i%terested i% p#rs#i%' his appeal a%d had, i% (act, &ithdra&% his appeal. "he Co#rt de%ied his motio% to &ithdra& a%d appoi%ted a co#%sel de o(icio (or him. All the letters reveal that the o%l+ reaso% he o((ered (or the &ithdra&al o( his appeal is his i%abilit+ to retai% the services o( a co#%sel de o(icio o% acco#%t o( his povert+. 1SS02 3hether or %ot the ri'ht to co#%sel o( acc#sed$appella%t ceased #po% his co%victio% b+ the trial co#rt. ,245 "he S#preme Co#rt held i% the %e'ative. "his ri'ht to co#%sel de o(icio does %ot cease #po% the co%victio% o( a% acc#sed b+ the trial co#rt. 1t co%ti%#es, eve% d#ri%' appeal, s#ch d#t+ o( the co#rt to assi'% a co#%sel de o(icio persists &here a% acc#sed i%terposes i%te%t to appeal. 2ve% i% a case, &here the acc#sed has si'%i(ied his i%te%t to &ithdra& his appeal, the co#rt is re-#ired to i%-#ire i%to the reaso% (or the &ithdra&al. 3here it (i%ds the sole reaso% (or the &ithdra&al to be povert+, the co#rt m#st assi'% a co#%sel de o(icio, (or despite s#ch &ithdra&al, the d#t+ to protect the ri'hts o( the acc#sed s#bsists a%d perhaps, &ith 'reater reaso%. A(ter all, .those &ho have less i% li(e m#st have more i% la&./ "he Co#rt admo%ishes members o( the Bar to be more co%scio#s o( their d#ties as advocates o( their clie%ts ca#ses &hether acti%' de parte or de o(icio (or p#blic i%terest re-#ires that a% attor%e+ e6ert his best e((orts a%d abilit+ i% the prosec#tio% or de(e%se o( his clie%t7s ca#se. 4a&+ers are a% i%dispe%sable part o( the &hole s+stem o( admi%isteri%' 8#stice i% this 8#risdictio%. A%d a la&+er &ho per(orms that d#t+ &ith dili'e%ce a%d ca%dor %ot o%l+ protects the i%terests i( his clie%t9 he also serve the e%ds o( 8#stice, does ho%or to th Bar a%d helds mai%tai% the respect o( the comm#%it+ to the le'al pro(essio%. "his is beca#se the e%tr#sted privile'e to practice la& carries &ith it the correlative d#ties %ot o%l+ to the clie%t b#t also to the co#rt, to the bar a%d to the p#blic.

People vs Simeo%, et al GR No. 4$:: :0, 2; September 19 2

Batch 2
4 SCRA 129 !AC"S <% 1 <ctober 19 0, the %i%e acc#sed =herei% de(e%da%ts$appella%ts>, i% co%spirac+ &ith each other, *illed o%e Pedro 4a%'aoe% &hile the+ &ere co%(i%ed i% the Ne& Bilid Priso%, )#%ti%'l#pa, Ri?al. "he Circ#it Crimi%al Co#rt o( Ri?al se%te%ced them to death pl#s i%dem%it+, 8oi%tl+ a%d severall+ #po% their alle'ed plea o( '#ilt+. "he trial 8#d'e stated that all the de(e%da%ts &ere assisted b+ de o(icio co#%sel a%d &ere all apprised o( the co%se-#e%ces o( their plea o( '#ilt+, &ho also e6plai%ed to them the provisio%s o( Article 1@0 i% relatio% to Article 24; o( the RPC. Att+. Aoa-#i% 4. )isa i% his brie(, as co#%sel de o(icio o% appeal, re'rets &ith 8#sti(icatio% the omissio%s o( the trial 8#d'e a%d challe%'es the validt+ o( the decisio%s imp#'%i%' the co%stit#tio%alit+ o( the death pe%alt+. ,e poi%ts o#t that the record does %ot sho& &he% the t&o co#%sels de o(icio &ere appoi%ted a%d ho& m#ch time the+ had to a-#ai%t themselves &ith the case. "he co#%sels de o(icio had virt#all+ o%l+ mi%#tes to advise appella%ts. Att+ )isa pra+s that the acc#sed$appella%ts be ac-#itted or at least their cases be rema%ded to the lo&er co#rt (or (#rther proceedi%'s. 1SS02 3hether or %ot the pra+er o( Att+ )isa sho#ld be 'ra%ted. ,245 "he S#preme Co#rt held i% the a((irmative. Beca#se it is appare%t that the trial 8#d'e did %ot accord (#ll reco'%itio% to the co%stit#tio%al ri'hts o( the acc#sed to be (#ll+ i%(ormed o( the char'e a'ai%st them a%d o( the co%se-#e%ce o( their plea o( '#ilt+ the Co#rt vacated the three se%te%ces re%dered b+ the trial co#rt a%d ordered the rema%d o( the case (or (#rther proceedi%'s. "he desire to speed #p the dispositio% o( cases sho#ld %ot be e((ected at the sacri(ice o( the basic ri'hts o( the acc#sed. "he a'e, ed#catio% or lac* thereo( o( the acc#sed are (actors to determi%e his abilit+ to #%dersta%d the i%(ormatio% a'ai%st him, the import o( his plea o( '#ilt+ a%d the proper pe%alt+ to be imposed. "rial 8#d'es sho#ld e6ercise patie%ce a%d circ#mspectio% i% e6plai%i%' the mea%i%' o( the acc#satio% a%d the (#ll import o( the plea o( '#ilt+ to the acc#sed, &ho sho#ld li*e&ise be 'ra%ted all the cha%ces to ac-#ai%t his co#%sel de o(icio &ith his versio% o( the i%cide%t a%d to co%d#ct his o&% i%vesti'atio% at the local o( the crime as m#ch as practicable, more tha% 8#st e6ami%i%' the records o( the case.

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