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(People v. Holgado, G.R. No. L-2809, March right and it is so implemented that under our
22, 1950) rules of procedure it is not enough for the court to
apprise an accused of his right to have an
SECOND DIVISION attorney, it is not enough to ask him whether he
desires the aid of an attorney, but it is essential
[G.R. No. L-2809. March 22, 1950.] that the court should assign one de oficio for him
if he so desires and he is poor or grant him a
THE PEOPLE OF THE PHILIPPINES, plaintiff- reasonable time to procure an attorney of his
appellee, vs. FRISCO HOLGADO, defendant- own.
appellant. DECISION
Assistant Solicitor General Manuel P. Barcelona Appellant Frisco Holgado was charged in the
and Solicitor Felix V. Makasiar for appellee. Court of First Instance of Romblon with slight
illegal detention because according to the
SYLLABUS information, being a private person, he did
"feloniously and without justifiable motive, kidnap
1. CRIMINAL PROCEDURE OF; QUALIFIED PLEA OF and detain one Artemia Fabreag in the house of
GUILTY; AMBIGUOUS INFORMATION; ACCUSED Antero Holgado for about eight hours thereby
WITHOUT COUNSEL; IMPOSITION OF HEAVY depriving said Artemia Fabreag of her personal
PENALTY. M When an accused unaided by liberty."
counsel qualifiedly admits his guilt to an On May 8, 1948, the day set for the trial, the trial
ambiguous or vague information from which a court proceeded as follows:
serious crime can be deduced, it is not prudent "Court:
for the trial court to render a serious judgment "Is this case ready for trial?
finding the accused guilty of a capital offense "Fiscal:
without absolutely any evidence to determine "I am ready, your honor.
and clarify the true facts of the case. "Court: to the accused.
2. ID.; DUTIES OF COURT WHEN DEFENDANT "Q. Do you have an attorney or are you going to
APPEARS WITHOUT ATTORNEY. Under the plead guilty? A. I have no lawyer and I will
provision of section 3 of rule 112 of the rules of plead guilty.
Court, when a defendant appears without "Court:
attorney, the court has four important duties to Arraign the accused.
comply with: (1) It must inform the defendant "Note:
that it is his right to have attorney before being "Interpreter read the information to the accused
arraigned; (2) after giving him such information in the local dialect after which he was asked this
the court must ask him if he desires the aid of an question.
attorney; (3) if he desires and is unable to employ "Q. What do you plead? A. I plead guilty, but I
attorney, the court must assign attorney de oficio was instructed by one Mr. Ocampo.
to defend him; and 94) if the accused desires to "Q. Who is that Mr. Ocampo, what is his complete
procure an attorney of his own the court must name? A. Mr. Numeriano Ocampo.
grant him a reasonable time therefor. "The provincial fiscal is hereby ordered to
3. ID.; DUE PROCESS OF LAW; RIGHT OF investigate that man.
ACCUSED TO BE REPRESENTED BY COUNSEL IS "Fiscal:
CONSTITUTIONAL. One of the great principles "I have investigated this case and found out that
of justice guaranteed by our Constitution is that this Ocampo has nothing to do with this case and
"no person shall be held to answer for a criminal I found no evidence against this Ocampo.
offense without due process of law," and that all "Court:
accused "shall enjoy the right to be heard by "Sentence reserved."
himself and counsel." In criminal cases there can Two days later, or on May 10, 1948, the trial court
be no fair hearing unless the accused be given an rendered the following judgment:
opportunity to be heard by counsel. The right to "[Criminal Case No. V-118]
be heard would be little avail if it does not include "THE PEOPLE OF THE PHILIPPINES, plaintiff-
the right to be heard by counsel. Even the most appellee, vs. FRISCO HOLGADO defendant-
intelligent or educated man may have no skill in appellant.
the science of the law, particularly in the rules of "SLIGHT ILLEGAL DETENTION
procedure, and, without counsel, he may be "SENTENCE.
convicted not because he is guilty but because he "The accused, Frisco Holgado, stands charged
does not know how to establish his innocence. with the crime of kidnapping and serious illegal
And this can happen more easily to persons who detention in the following.
are ignorant or uneducated. It is for this reason "INFORMATION
that the right to be assisted by counsel is deemed "That on or about December 11, 1947, in the
so important that it has become a constitutional municipality of Concepcion, Province of Romblon,
Froilan V. Siobal for accused-appellant. 2. ID.; ID.; ID.; ID.; ID.; FAILURE OF THE RECORD
TO DISCLOSE AFFIRMATIVELY THAT TRIAL JUDGE
SYNOPSIS ADVISED ACCUSED OF HIS RIGHT TO COUNSEL,
NOT SUFFICIENT TO REVERSE CONVICTION. It
Eduardo Agbayani was sentenced to death by the is settled that the failure of the record to disclose
Regional Trial Court, Branch 106 of Quezon City affirmatively that the trial judge advised the
for raping her 14-year old daughter, Eden. The accused of his right to counsel is not sufficient
conviction was based on the testimonies of ground to reverse conviction. The reason being
prosecution witnesses, Dr. Florante Baltazar, the that the trial court must be presumed to have
victim and SPO1 Salvador Buenviaje. complied with the procedure prescribed by law
for the hearing and trial of cases, and that such a
The defense, on the other hand, interpose the presumption can only be overcome by an
defense of denial and alibi, and one of the affirmative showing to the contrary. Thus it has
evidence presented was the affidavit of been held that unless the contrary appears in the
desistance of the victim. However, it was record, or that it is positively proved that the trial
retracted by the victim during the presentation of court failed to inform the accused of his right to
the rebuttal evidence claiming that she was only counsel, it will be presumed that the accused was
pressured by her mother and sister to sign it. informed by the court of such right.
Hence, in this appeal the appellant questioned 3. CONSTITUTIONAL LAW; BILL OF RIGHTS; RIGHT
the credibility of the testimony of the victim in TO COUNSEL; RIGHT TO QUESTION FAILURE OF
view of her execution of the affidavit of TRIAL COURT TO INFORM ACCUSED OF RIGHT TO
desistance. COUNSEL DEEMED WAIVED BY HIS CONSENT TO
BE ASSISTED BY TWO (2) COUNSEL DE OFICIO.
The Court ruled that affidavits, being taken ex In the instant case, the trial court appointed two
parte, are generally considered inferior to the de oficio counsel who assisted the appellant at
testimony given in open court, and affidavits of his arraignment, one of whom extensively cross-
recantation have been invariably regarded as examined the first witness for the prosecution, Dr.
exceedingly unreliable, since they can easily be Florante Baltazar. Besides, it is only in this appeal
secured from poor and ignorant witnesses. It that appellant raised the issue of the failure of
would be a dangerous rule to reject the testimony the trial court to inform him of the right to
taken before a court of justice simply because the counsel. At no time did he previously raise it in
witness who gave it later on changed his mind for the trial court despite ample opportunity to do so.
one reason or another. Such a rule would make a His consent to be assisted by counsel de oficio,
solemn trial a mockery, and place the coupled with said counsel's extensive cross-
examination of Dr. Baltazar, may even be
Rape is a nauseating crime that deserves the On its part, the defense presented appellant,
condemnation of all decent persons who Adoracion M. Cruz, Fedelina Agbayani, as well as
recognize that a woman's cherished chastity is EDEN who identified her and Fedelina's affidavit
hers alone to surrender of her own free will. of desistance, 14 which was subscribed and
Whoever violates that will descends to the level sworn to before notary public Eranio Cedillo on 6
of the odious beast. The act becomes doubly February 1995. Said affidavit reads as follows:
repulsive where the outrage is perpetrated on
one's own flesh and blood for the culprit is We, Eden Agbayani, 14 years old, complainant
reduced to lower than the lowly animal. The latter and Fedelina Agbayani, 19 years old, sister of
yields only to biological impulses and is Eden Agbayani, and presently residing at No.,
unfettered by social inhibitions when it mates Phase 1, United Glorieta, Kaniogan, Pasig, Metro
That this affidavit was executed freely and The next day, or on July 20, 1994, the
voluntarily. complainant informed her elder sister, Fedelina,
of what had been done to her by her father. She
As EDEN declared in open court that what she was told not to worry as they would go to Bulacan
said in her previous testimony and sworn to report the incident to Fiscal Caraeg of Bulacan,
statement were not true, the trial court held her who had, the year before, handled the rape case
in direct contempt of court, reasoning that her filed by Fedelina and Dodima. Several attempts
"intentional falsehood" was "offensive to its were made by her sisters, Fedelina and Eden to
dignity and a blatant disrespect to the Court, and reach the said fiscal but it was only on September
actually degrading [to] the administration of 9, 1994, that they were able to meet with him.
justice." Accordingly, the trial court ordered her Fiscal Caraeg of Bulacan reported the complaint
"committed to incarceration and imprisonment to Judge Danilo Manalastas who reopened tile
within the period provided by law," 15 which previously provisionally dismissed case and
penalty, however, was modified to a fine of issued a warrant of arrest against the herein
P200.00 upon EDEN's motion for reconsideration. accused.
16
With the assistance of police officers from Station
On rebuttal, the prosecution had EDEN back on 10 of the SIID in Quezon City, the accused was
the witness stand. She retracted her affidavit of arrested on the same day at his residence at 30-A
desistance and claimed that she had signed it Makabayan St., Bgy. Obrero, Quezon City and was
under coercion by her mother and elder sister. later brought to Malolos, Bulacan where he is
currently detained. After the accused's arrest,
The trial court's summary of the evidence for the Eden and Fedelina returned to Station 10 where
prosecution, with the references to the pages of they made individual statements before SPO1
the stenographic notes and exhibits deleted, is as Salvador Buenviaje narrating the events leading
follows: to and occurring after the incident of July 19,
1994.
The evidence adduced on record shows that
sometime in September of 1993 in Malolos, The next morning, Eden was examined by
Bulacan, the accused was charged by his two Medico-Legal Officer and Chief of the PNP Crime
daughters, FEDELINA and DODIMA AGBAYANI, Laboratory, Dr. Florante Baltazar, a colonel, who,
[with] the crime of rape which case was raffled to accordingly, prepared the corresponding Medico-
the sala of Judge Danilo Manalastas of Branch 7, Legal Report. 17
Regional Trial Court, Bulacan. The case was,
however, provisionally dismissed by said Judge
after the complainants desisted from pursuing
the same in May 1994. Eduardo Agbayani was Appellant put up the defense of denial and alibi.
thus consequently released from jail on July 13, According to him, he could not have raped his
1994. Three (3) days thereafter, he began living daughter EDEN, because on 19 July 1994, he was
with four (4) of his six (6) daughters, Fedelina, in Barangay Victoria in Sual, Pangasinan, visiting
Eden, Diana and Edima, in a rented room at 30-A his eldest daughter. 18 He declared that EDEN
Makabayan St., Bgy. Obrero, Quezon City. charged him with rape because he had hit her
with a belt after he caught her lying about her
The evidence of the prosecution, in part whereabouts one night. Then on 24 July 1994,
consisting of the testimonies of Complainant
Adoracion Cruz corroborated appellant's alibi. She The trial court finally found that appellant
declared that on 17 July 1994, appellant employed on EDEN force or intimidation by virtue
requested her to take care of his children because of his moral ascendancy over her and his threat
he was going to Pangasinan to visit his sick that he would kill her if she reported the incident
father, returning home only on 21 July 1994. 20 to anyone.
Accordingly, the trial court, applying Section 11 of
The trial court gave full credence to the R.A. NO. 7659 which imposes the penalty of death
testimony of EDEN, who "appeared, during her when the victim is under eighteen years of age
entire testimonies on January 20 and May 4, and the offender is a parent, ascendant,
1995, coherent, candid and responsive;" further, stepparent, guardian, relative by consanguinity or
it commended her "for her courage and her affinity within the third civil degree, or common-
unwavering strength in the midst of the law spouse of the parent of the victim, rendered
emotional and psychological strain and judgment against appellant, to wit:
humiliation, not to mention the pressure and lack
of moral support of her family, brought on by the WHEREFORE, considering all the foregoing,
filing of this case." It also ruled that EDEN did not judgment is hereby rendered finding the accused,
voluntarily execute the affidavit of desistance as EDUARDO AGBAYANI, GUILTY beyond reasonable
it was procured "at the behest of her mother and doubt of the crime of RAPE committed against
sister for whom the sanctity of the family and the complainant, Eden Agbayani, his minor daughter.
family's good name were more important than This Court, as a consequence thereof, hereby
demanding punishment for whatever injury the imposes upon him the supreme penalty of
complainant might have suffered in the hands of DEATH, conformably with the provisions of the
the accused." Besides, even assuming arguendo death penalty law, R.A. 7659. Further, Accused is
that no such pressure was exerted by her mother hereby ordered to pay the complainant, Eden
and sister, the trial court declared that it Agbayani, the sum of P75,000.00 as damages,
understood EDEN's moral predicament, viz., for a with all the necessary penalties provided for by
child like EDEN, it was difficult to charge her own law without subsidiary imprisonment, however, in
father with rape; insist on his punishment; and the event of insolvency and to pay the costs.
thereby inflict emotional stress and financial
strain upon the members of her family, Let the entire records of this case be forwarded to
particularly her mother. the Supreme Court on automatic review.
The trial court likewise gave full faith to the sworn SO ORDERED.
statement (Exhibit "E") of Fedelina Agbayani.
On 26 May 1995, appellant, through his new
Turning to the defense of appellant, the trial court counsel de parte Attorneys Froilan V. Siobal and
found his alibi wholly self-serving, and Domingo Floresta, filed a Motion for New Trial 21
characterized the testimony of Adoracion Cruz on the ground that serious irregularities
unworthy of belief. As to appellant's claim that prejudicial to his substantial rights were
EDEN filed the complaint because of a grudge committed during the trial, viz., the failure of the
against him, the trial court found this "incredible, counsel de oficio to: (a) present at trial the
if not totally absurd," for: Barangay Captain of Barangay Obrero, Quezon
City, who would have testified, on the basis of his
The complainant is an innocent girl of tender certification attached to the motion, that there
years who is unlikely to possess such was a house bearing No. 30, Makabayan St., in
vindictiveness and dearth of conscience as to his barangay, but that there was no such place as
concoct such a malicious and damaging story. 30-A Makabayan St. of said barangay, which was
The complainant appeared, during her entire the address given by EDEN; (b) consider the
testimonies on January 20 and May 4, 1995, futility of Adoracion Cruz's testimony; (c) present
coherent, candid and responsive. Her retraction private complainant's mother and sister Fedelina
on March 16 was sufficiently explained to this on sur-rebuttal to testify as to the circumstances
Court (tsn, 5-4 95, testimony of Eden Agbayani, which brought about he execution of the affidavit
pp. 2-3). She has shown to this Court the of desistance; and (d) cross-examine complainant
seriousness of the injury upon her person and and the police investigator exhaustively. He
dignity inflicted upon by the accused . . . Even further alleged that his counsel de oficio was
assuming argumenti gratia that the complainant never prepared during all the scheduled hearings,
would indeed lodge a complaint against her worse, even waived the presence of appellant
father solely on account of an altercation with after the third witness for the prosecution was
him, it is highly unlikely that the complainant presented. He also averred that the trial court
would concoct a charge which would damage her used its inherent power of contempt to intimidate
and wreck havoc on her family's reputation, private complainant.
destroy the household peace and subject her
father, the accused, to a grave punishment which In their Comments/Opposition to the Motion for
by dent of express of law, can obliterate him from New Trial, 22 the public and private prosecutors
the face of this earth. Indeed, to uphold the alleged that there were no such irregularities;
neither was there new and material evidence to
Turning to the alleged violation of appellant's Adoracion Cruz was presented to corroborate
right to the 2-day period to prepare for trial, appellant's alibi that he was in the province and
Section 9 of Rule 116 of the Rules of Court reads: not in their rented room from 17 to 21 July 1994.
On the other hand, the testimony of the barangay
SEC. 9. Time to prepare for trial. After a plea of captain could not alter the fact that rape was
not guilty, the accused is entitled to two (2) days committed in a rented room in a house along
to prepare for trial unless the court for good Makabayan Street in his barangay. Appellant
cause grants him further time. neither testified that he did not occupy a house
numbered 30-A nor denied that he was living with
It must be pointed out that the right must be EDEN and her sisters in that room. Besides, he
expressly demanded. 41 Only when so demanded and his children were not renting the entire
does denial thereof constitute reversible error house, but merely a room, which could probably
and a ground for new trial. 42 Further, such right be the unit numbered "30-A" referred to by EDEN.
may be waived, expressly or impliedly. 43 In the
10 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
As to the presentation of EDEN's mother and public a painful and humiliating secret, which
sister Fedelina as sur-rebuttal witnesses to others may have simply kept to themselves for
disprove the claim of EDEN that they coerced her the rest of their lives. She thereby jeopardized
into signing the affidavit of desistance, suffice it her chances of marriage, as even a
to state that there was nothing to show that they compassionate man may be reluctant to marry
were in fact willing to refute EDEN's claim. her because her traumatic experience may be a
psychological and emotional impediment to a
Finally, contrary to appellant's allegation, a blissful union. Moreover, such a revelation divided
meticulous examination of the transcripts of the her family and brought it shame and humiliation.
stenographic notes convinces this Court that Atty.
Temanil sufficiently cross-examined EDEN. If he If EDEN did testify regardless of these
decided to terminate his cross-examination, it consequences and even allowed the examination
could have been due to the futility of any further of her private parts, she did so inspired by no
cross-examination which might only prove other motive than to obtain justice and release
favorable to the prosecution, as it might have from the psychological and emotional burdens
opened another window of opportunity for EDEN the painful experience had foisted upon her. It
to strengthen her testimony. was then improbable that EDEN fabricated a story
of defloration and falsely charged her own father
The second assigned error is equally with a heinous crime.
unpersuasive. It raises the issue of the credibility
of EDEN as a witness. One of the highly revered What appellant claims to be improbabilities in the
dicta Philippine jurisprudence has established is testimony of EDEN are more apparent than real.
that this Court will not interfere with the The presence of her sisters in the small room did
judgment of the trial court in passing upon the not at all make impossible the commission of
credibility or opposing witnesses, unless there rape. The evil in man has no conscience. The
appears in the record some facts or beast in him bears no respect for time and place;
circumstances of weight and influence which it drives him to commit rape anywhere even in
have been overlooked and if considered, would places where people congregate such as in parks,
affect the result. This is founded on practical and along the roadside, within school premises, and
empirical considerations, i.e., the trial judge is in inside a house where there are other occupants.
a better position to decide the question of 50 In People v. Opena, 51 rape was committed in
credibility, since he personally heard the a room occupied also by other persons. In the
witnesses and observed their deportment and instant case, EDEN's other companions in the
manner of testifying. 47 He had before him the room when she was molested by appellant were
essential aids to determine whether a witness young girls who were all asleep.
was telling the truth or lying. Truth does not
always stalk boldly forth naked; she often hides in That EDEN was unable to resist or shout for help
nooks and crannies visible only to the mind's eye can easily be explained by the fact that appellant
of the judge who tried the case. To him appears threatened to kill her. Whether or not he was
the furtive glance, the blush of conscious shame, armed was of no moment. That threat alone
the hesitation, the sincere or flippant or sneering coming from her father, a person who wielded
tone, the heat, the calmness, the yawn, the sigh, such moral ascendancy, was enough to render
the candor or lack of it, the scant or full her incapable of resisting or asking for help.
realization of the solemnity of an oath, the
carriage and mien. 48 On the other hand, an Intimidation in rape cases is not calibrated nor
appellate court has only the cold record, which governed by hard and fast rules. Since it is
generally does not reveal the thin line between addressed to the victim's and is therefore
fact and prevarication that is crucial in subjective, it must be viewed in light of the
determining innocence or guilt. 49 victim's perception and judgment at the time of
the commission of the crime. It is enough that the
At any rate, in view of the gravity of the offense intimidation produced fear fear that if the
charged and the extreme penalty of death victim did not yield to the bestial demands of the
imposed, this Court took painstaking effort and accused, something far worse would happen to
meticulous care in reviewing the transcripts of her at that moment. Where such intimidation
the stenographic notes of the testimonies of the existed and the victim was cowed into submission
witnesses. as a result thereof, thereby rendering resistance
futile, it would be the height of unreasonableness
This Court is fully satisfied that EDEN told the to expect the victim to resist with all her might
truth that she was raped by her father, herein and strength. If resistance would nevertheless be
appellant, on 19 July 1994, in their rented room in futile because of intimidation, then offering none
Barangay Obrero, Quezon City. Her story was at all does not mean consent to the assault so as
made even more credible by the simplicity and to make the victim's submission to the sexual act
candidness of her answers, as well as by the fact voluntary. 52
that it came from an innocent girl writhing in
emotional and moral shock and anguish. She In any event, in a rape committed by a father
must have been torn between the desire to seek against his own daughter, as in this case, the
justice and the fear that a revelation of her ordeal former's moral ascendancy or influence over the
might mean the imposition of capital punishment latter substitutes for violence or intimidation. 53
on her father. By testifying in court, she made Likewise, it must not be forgotten that at her
11 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
tender age of 14 years, EDEN could not be This law may be difficult to accept for those who
expected to act with the equanimity of disposition believe that the verdict of death for a sin or crime
and with nerves of steel, or to act like a mature is God's exclusive prerogative. But the
and experienced woman who would know what to fundamental law of the land allows Congress, for
do under the circumstances, or to have courage compelling reasons, to impose capital
and intelligence to disregard the threat. 54 Even punishment in cases of heinous crimes, 58 hence
in cases of rape of mature women, this Court the passage of R.A. NO. 7659. Hoc quidem per
recognized their different and unpredictable quam durum est sed ita lex scripta est. The law
reactions. Some may shout; some may faint; and may be exceedingly hard but so the law is written
some may be shocked into insensibility; while and the Court is duty-bound to apply it in this
others may openly welcome the intrusion. 55 case.
Neither does the fact that EDEN continued to live To the appellant who inflicted his animal greed on
with appellant in the same rented room disprove his daughter in a disgusting coercion of
the rape. While she was hurt physically, incestuous lust, thereby forsaking that which is
psychologically and emotionally, yet the thought highest and noblest in his human nature and
must have been irresistible and compelling that reducing himself to lower than the lowliest
her assailant was her own father, who was both a animal, the full force of the law must be weighed
father and mother to her since her mother was in against him, for he deserves no place in society.
Saudi Arabia and who provided her with the daily All that we concede to him is a modification of
wherewithal to keep her alive. Besides, a less the award of "P75,000.00 as damages," which is
harsh life outside was uncertain. Instances are hereby reduced to P50,000.00 in accordance with
not few when daughters raped by their fathers current case law.
stayed with the latter and kept in the deepest
recesses of their hearts the evil deed even if the WHEREFORE, judgment is hereby rendered
memory thereof haunted them forever. LibLex AFFIRMING the decision of the Regional Trial Court
of Quezon City, Branch 106, in Criminal Case No.
Nor is there merit in the insistent claim that Q-94-59149 finding accused-appellant EDUARDO
EDEN's affidavit of desistance "must have AGBAYANI y MENDOZA guilty beyond reasonable
necessarily contradicted her previous testimony." doubt as principal of the crime of rape defined
We have earlier quoted in full this affidavit of and penalized under Article 335 of the Revised
desistance. Plainly, nowhere therein did she Penal Code, as amended by R.A. NO. 7659, and
retract her previous testimony or claim that she imposing upon him the penalty of DEATH, subject
was raped by her father. In any case, EDEN to the above modification as to the amount of
withdrew her affidavit of desistance and solemnly indemnity.
declared that she was pressured by her mother
and sister to sign it. Moreover, affidavits, being Two Justices voted to impose upon the accused-
taken ex parte, are generally considered inferior appellant the penalty of reclusion perpetua.
to the testimony given in open court; 56 and
affidavits of recantation have been invariably Upon finality of this Decision, let certified true
regarded as exceedingly unreliable, since they copies thereof, as well as the records of this case,
can easily be secured from poor and ignorant be forwarded without delay to the Office of the
witnesses. It would be a dangerous rule to reject President for possible exercise of executive
the testimony taken before a court of justice clemency pursuant to Article 83 of the Revised
simply because the witness who gave it later on Penal Code, as amended by Section 25 of R.A.
changed his mind for one reason or another. Such NO. 7659.
a rule would make a solemn trial a mockery, and
place the proceedings at the mercy of With costs de oficio.
unscrupulous witnesses. 57
SO ORDERED.
This Court has no doubt that appellant is guilty as
charged. The penalty therefor is death under the Narvasa, C .J ., Regalado, Davide, Jr., Romero,
first circumstance mentioned in Article 335(7) of Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,
the Revised Penal Code, as amended by R.A. NO. Francisco, Panganiban and Martinez, JJ ., concur.
7659, which provides, in part, as follows:
The death penalty shall also be imposed if the (Amion v. Chiongson, A.M. No. RTJ-97-1371,
crime of rape is committed with any of the January 22, 1999)
following attendant circumstances:
FIRST DIVISION
12 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
A verified complaint was filed by Baltazar D. exclusive as to preclude other equally competent
Amion charging Judge Roberto S. Chiongson with and independent attorneys from handling his
ignorance of the law and oppression. The defense. If the rule were otherwise, then, the
complaint was relative to a murder case pending tempo of a custodial investigation, will be solely
before his court, in which the complainant is the in the hands of the accused who can impede,
accused. The allegations against respondent nay, obstruct the progress of the interrogation by
judge are premised on his appointment of a simply selecting a lawyer, who for one reason or
counsel de oficio for accused-complainant despite another, is not available to protect his interest.
the latter's objection thereto on the ground that This absurd scenario could not have been
he had his own retained counsel. In his comment, contemplated by the framers of the charter."
respondent judge alleged that his appointment of Applying this principle enunciated by the Court,
a counsel de oficio to represent the accused- we may likewise say that the accused's discretion
complainant is justified because of the vexatious in a criminal prosecution with respect to his
and oppressive delay on the latter's part who has choice of counsel is not so much as to grant him
been represented by a counsel de parte who a plenary prerogative which would preclude other
refuses or fails to appear during hearings. He equally competent and independent counsels
averred that the records of the case will show from representing him. Otherwise, the pace of a
that the accused-complainant and his lawyers criminal prosecution will be entirely dictated by
have employed every means fair, but mostly foul, the accused to the detriment of the eventual
to delay the resolution of the criminal case. resolution of the case.
The Court found that the accused-complainant 2. ID.; ID.; RIGHT TO DUE PROCESS; A PARTY
has been the oppressor while respondent judge CANNOT FEIGN DENIAL THEREOF WHEN HE HAD
appears to be the oppressed. Through the course THE OPPORTUNITY TO PRESENT HIS SIDE; CASE
of the proceedings in the subject criminal case, AT BAR. Accused-complainant was not, in any
accused-complainant had filed several Motions way, deprived of his substantive and
for Inhibition, a Petition for Certiorari and constitutional right to due process as he was duly
Mandamus, and this administrative complaint accorded all the opportunities to be heard and to
with the view of delaying the eventual disposition present evidence to substantiate his defense but
of the case. The actuation of respondent judge in he forfeited this right, for not appearing in court
the murder case does not warrant reproach and together with his counsel at the scheduled
reprimand, but in fact, merits the hearings. Accused-complainant had more than
acknowledgment and approval of the Supreme sufficient time and every available opportunity to
Court. Such manifestation of zeal clearly shows present his side which would have led to the
respondent judge's ardent determination to expeditious termination of the case. A party
expedite the case and render justice. The Court cannot feign denial of due process when he had
resolved to dismiss the administrative complaint the opportunity to present his side. Moreover,
against the respondent judge, imposed a fine of there is no denial of the right to counsel where a
P5,000.00 on accused-complainant, and counsel de oficio was appointed during the
admonished said accused-complainant for filing a absence of the accused's counsel de parte
malicious and unmeritorious complaint against pursuant to the court's desire to finish the case as
the respondent judge. early as practicable under the continuous trial
system. Thus, it has been held by this Court in
SYLLABUS the case of Lacambra vs. Ramos: (232 SCRA 435)
"the Court cannot help but note the series of
1. CONSTITUTIONAL LAW; BILL OF RIGHTS; legal maneuvers resorted to and repeated
PREFERENCE IN THE CHOICE OF COUNSEL, importunings of the accused or his counsel, which
CANNOT PARTAKE OF A DISCRETION SO resulted in the protracted trial of the case, thus
ABSOLUTE AND ARBITRARY AS WOULD MAKE making a mockery of the judicial process, not to
SUCH REFER EXCLUSIVELY TO THE PREDILECTION mention the injustice caused by the delay to the
OF THE ACCUSED; RATIONALE. An examination victim's family." Undoubtedly, it was accused-
of related provisions in the Constitution complainant's own strategic machinations which
concerning the right to counsel, will show that the brought upon the need for the appointment of a
"preference in the choice of counsel" pertains counsel de oficio in as much as the criminal case
more aptly and specifically to a person under had been dragging on its lethargic course. aETADI
investigation rather than one who is the accused
in a criminal prosecution. Even if we were to 3. LEGAL AND JUDICIAL ETHICS; CODE OF
extend the application of the concept of JUDICIAL CONDUCT; JUDGES; SHOULD
"preference in the choice of counsel" to an ADMINISTER JUSTICE IMPARTIALLY AND WITHOUT
accused in a criminal prosecution, such DELAY; CASE AT BAR. The actuation of
preferential discretion cannot partake of a respondent judge in this murder case does not
discretion so absolute and arbitrary as would warrant reproach and reprimand, but in fact,
make the choice of counsel refer exclusively to merits the acknowledgment and approval of this
the predilection of the accused. As held by this Court. Such manifestation of zeal clearly show
Court in the case of People vs. Barasina, (229 respondent judge's ardent determination to
SCRA 450), withal, the word "preferably" under expedite the case and render justice. The Code of
Section 12(1), Article 3 of the 1987 Constitution Judicial Conduct mandates that a judge should
does not convey the message that the choice of a administer justice impartially and without delay. A
lawyer by a person under investigation is judge should always be imbued with a high sense
13 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
of duty and responsibility in the discharge of his a criminal case for Slander and it took a year
obligation to promptly administer justice. before respondent judge decided to dismiss the
same. He complains that now that he is the
DECISION accused in Criminal Case No. 94-15772,
respondent judge appears to be "very active" and
MARTINEZ, J p: wants the case to be terminated immediately.
A verified complaint dated August 29, 1996 1 was In addition, accused-complainant charges
filed by Baltazar D. Amion with this Court on respondent judge with gross ignorance of the law
October 7, 1996 charging Judge Roberto S. when the latter, as then municipal trial judge of
Chiongson, Regional Trial Court (RTC), Branch 50, Bacolod City, heard Criminal Case No. 55099 for
Bacolod City with Ignorance of the Law and violation of B.P. 22 against accused-complainant
Oppression relative to Criminal Case No. 94- in the absence of his counsel.
159772 pending in said trial court and in which
complainant is the accused. LLphil In a resolution dated March 12, 1997, 3 this Court
required respondent judge to file his Comment on
The allegations against respondent judge are the aforementioned charges.
premised on his appointment of a counsel de
oficio for accused-complainant despite the latter's Judge Roberto S. Chiongson, in his Comment
objection thereto on the ground that he had his dated April 21, 1997, 4 explained that accused-
own retained counsel in the person of Atty. complainant would not have filed the
Reynaldo C. Depasucat. administrative case had he acceded to the
latter's plea for his inhibition which he denied,
there being no ground therefor. He claimed that
Accused-complainant explains that respondent accused-complainant is a police officer charged in
judge appointed another lawyer in the person of Criminal Case No. 94-15772 for having allegedly
Atty. Manuel Lao Ong of the Free Legal Aid to act killed a fellow policeman on January 24, 1994.
as counsel de oficio for the scheduled hearing of From the time he assumed office as Presiding
the aforecited criminal case on March 28 and 29 Judge of said court on November 27, 1995, other
1996. He further avers that his retained counsel than the arraignment of accused-complainant on
was ready for hearing on said dates but on March September 25, 1995 before Judge Emma Labayen
27, 1996, the day before the scheduled hearing, (former judge of said court) in which accused-
he was informed that Atty. Depasucat was ill. complainant pleaded not guilty, the case has not
moved.
It was for this reason that accused-complainant
was not represented by his defense lawyer in the
scheduled hearing which prompted respondent
judge to appoint Free Legal Aid lawyer Atty. When respondent judge set the case for hearing
Manuel Lao Ong. Notwithstanding complainant- on January 9, 1996, trial was not held because
accused's vehement opposition, respondent accused-complainant's counsel, Atty. Depasucat,
judge proceeded with the trial on March 28, 1996 was not feeling well. The hearing was reset to
with Atty. Ong representing the complainant- January 19, 1996 with a warning that no further
accused as counsel de oficio. He also claims that postponement would be entertained. On said
Atty. Ong did not have sufficient knowledge of the date of hearing, Atty. Depasucat again failed to
case and that no prior conference was held appear in court. In order to avoid further delay,
between said counsel de oficio and himself. the court appointed Atty. Apollo Jacildo of the
Public Attorney's Office (PAO) as counsel de oficio.
Complainant-accused asserts that the aforesaid Atty. Jacildo, however, filed a Manifestation
incidents constitute a clear violation of his right explaining that it is the policy of their office not to
to due process and a deprivation of his represent a party who has retained the services
constitutional and statutory right to be defended of a counsel of his own choice.
by counsel of his own choice.
At the next scheduled hearing of February 21,
Consequently, complainant-accused filed a 1996, 5 accused-complainant's counsel de parte
Manifestation and Urgent Motion 2 stating therein still did not show up in court, thus, prompting
that he is not accepting the legal services of private complainant Mrs. Antonietta Vaflor (the
counsel de oficio Atty. Ong since he can afford to victim's wife) to speak in open court and pour out
hire a counsel de parte of his own choice. He all her frustration about the long delay in the
further states that respondent judge is not fair resolution of the case.
and just and does not have the cold neutrality of
an impartial judge. He likewise asseverates that In view of the fact that Mrs. Vaflor and another
respondent judge is ignorant of the basic law government witness, PO3 Richard Dejores, both
which makes him unfit to be a judge in any reside at Escalante, about 70 to 80 kilometers
judicial tribunal. from Bacolod City, and that the appearance of
Atty. Depasucat remained uncertain, Judge
Complainant-accused also alludes oppression to Chiongson appointed Atty. Manuel Lao-Ong from
respondent judge when the latter was still a the Free Legal Aid Office to represent accused-
Municipal Trial Judge of MTCC, Branch 3, Bacolod complainant. The court, however, made it of
City. Complainant was then the offended party in record that the appointment of Atty. Ong was
14 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
without prejudice to the appearance of counsel another delaying tactic, immediately issued an
de parte. 6 Due to the continued absence of Atty. order denying the motion. In spite of the denial of
Depasucat, the counsel de parte, Atty. Ong, the motion for postponement, Atty. Sabio failed to
represented the accused-complainant at the appear.
March 28, 1996 hearing which was opposed by
the accused in a Manifestation and Motion filed On February 4, 1997, accused-complainant again
on March 29, seeking the nullification of the asked for the voluntary inhibition of the presiding
March 28, 1998 hearing and the inhibition of judge which the court again denied for being
Judge Chiongson. The hearings were then merely a dilatory scheme.
rescheduled on May 13 and 17, 1996.
On March 24, 1997, when the case was called for
On May 8, 1996, accused-complainant's counsel, hearing, Atty. Sabio informed the court that he
Atty. Depasucat, filed a motion for postponement received a written note from the accused-
alleging that the motion for inhibition should be complainant discharging him as counsel, to which
resolved and that he would not be available on the court responded by ruling that Atty. Sabio
the rescheduled dates for hearings as he would would only be allowed to withdraw as accused-
be out of the country during those times. complainant's lawyer upon the entry of
appearance of a new defense counsel.
An order denying the accused-complainant's
Motion for Inhibition and Motion to Set Aside the In a Resolution of the Court of Appeals
proceedings of March 28, 1996 was issued by the promulgated on April 29, 1997, Judge Chiongson
court on July 18, 1996 on the ground that the was required to submit a COMMENT 8 on a
claim of bias and prejudice was without legal Petition for Certiorari and Mandamus filed by
basis. 7 accused-complainant. Said document has also
been submitted to the Court as Supplemental
At the scheduled hearing on August 1, 1996, Atty. Comment to this administrative case. 9
Depasucat asked the court that he be allowed to
withdraw as counsel de parte of the accused- Respondent judge reiterated his belief that his
complainant causing further delay. The trial of the appointment of a counsel de oficio to represent
case was again reset to September 2, 5 and 6, the accused-complainant is justified because of
1996 with a warning that the court will not grant the vexatious and oppressive delay on the latter's
any further postponement and that if the part who has been represented by a counsel de
accused-complainant was still without counsel, a parte who refuses or fails to appear during
counsel de oficio will be appointed. hearings. He averred that the records of the case
will show that the accused-complainant and his
Thereafter, the accused-complainant engaged the lawyers have employed every means fair, but
services of different counsels who continued to mostly foul, to delay the resolution of Criminal
adopt the dilatory tactics utilized by the previous Case No. 94-15772. He added that the Petition for
counsel de parte. Certiorari and the Administrative Case were filed
for the purpose of not only delaying the
Atty. Rosslyn Morana, who entered his resolution of the case but also to pressure him
appearance as counsel on September 2, 1996, into inhibiting himself.
filed on October 14, 1996 a Motion for Voluntary
Inhibition of respondent judge on account of a As to the allegation of oppression in connection
pending administrative case against the latter. On with a criminal case for slander where accused-
October 24, 1996, Atty. Morana submitted an complainant was the alleged offended party while
Explanation to the court stating that he could not respondent judge was then the Municipal Trial
represent the accused-complainant as the latter Judge of MTC, Branch 3, Bacolod City to which the
failed to give him the records of the case. case was being tried, Judge Chiongson belies the
same. He explains that the prosecution in the
On November 14, 1996, the prosecution filed a said case had rested while the defense filed a
motion to cite the accused in contempt for filing a demurrer which was granted.
series of motions for inhibition and for filing an
administrative case against the presiding judge He narrates that the case for slander was filed by
which are plain acts of harassment. prll herein accused-complainant against Mrs.
Esparcia, a school teacher and sister of a victim
Atty. Salvador Sabio entered his appearance as alleged to have been killed by the accused-
counsel for the accused-complainant on complainant, when said Mrs. Esparcia told the
December 2, 1996 and asked for the cancellation accused-complainant "Murderer, why are you not
of the scheduled hearings on December 5 and 6, in jail" or words to that effect. This was made
1996 as he had to study the case. The court when accused-complainant was seen roaming
granted the request for postponement of Atty. around the vicinity of the police station when he
Sabio and reset the case on January 24, 1997 was supposed to be a detention prisoner.
with a strong warning that it will not allow any Accordingly, respondent judge granted the
further dilatory postponement. In the afternoon of Demurrer on the finding of the court that the
January 23, 1997, the court received another utterance of Mrs. Esparcia was not slanderous but
motion for postponement filed by Atty. Sabio was merely an expression of exasperation and
requesting for the cancellation of the January 24 disgust.
hearing. The court, considering the same as
15 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
On the charge of Gross Ignorance of the Law, for "Withal, the word "preferably" under Section
having tried Criminal Case No. 55099 for violation 12(1), Article 3 of the 1987 Constitution does not
of B.P. 22 against accused-complainant in the convey the message that the choice of a lawyer
absence of counsel, respondent judge asserts by a person under investigation is exclusive as to
that accused-complainant has nothing to do with preclude other equally competent and
said criminal case as can be gleaned from the independent attorneys from handling his defense.
Order relied upon as basis for the aforementioned If the rule were otherwise, then, the tempo of a
charge. custodial investigation, will be solely in the hands
of the accused who can impede, nay, obstruct the
Respondent judge concludes that the sequence of progress of the interrogation by simply selecting
events hereinabove discussed, exposes clearly a lawyer, who for one reason or another, is not
the false and dissembled charges filed against available to protect his interest. This absurd
him as well as the determined efforts of the scenario could not have been contemplated by
accused-complainant and his counsel to frustrate the framers of the charter"
the ends of justice.
We find this administrative complaint devoid of Applying this principle enunciated by the Court,
merit. we may likewise say that the accused's discretion
in a criminal prosecution with respect to his
Verily, the facts and circumstances of this case choice of counsel is not so much as to grant him
point to the pervasive and prevaricated a plenary prerogative which would preclude other
procrastination of the proceedings undertaken by equally competent and independent counsels
the accused-complainant and his counsel. from representing him. Otherwise, the pace of a
Contrary to what accused-complainant would criminal prosecution will be entirely dictated by
want to impress upon this Court, it seems that he the accused to the detriment of the eventual
has been the oppressor while respondent judge resolution of the case.
Roberto Chiongson appears to be the oppressed.
Through the course of the proceedings in the Accused-complainant was not, in any way,
subject criminal case, accused-complainant had deprived of his substantive and constitutional
filed several Motions for Inhibition, a Petition for right to due process as he was duly accorded all
Certiorari and Mandamus and this administrative the opportunities to be heard and to present
complaint with the view of delaying the eventual evidence to substantiate his defense but he
disposition of the case. forfeited this right, for not appearing in court
together with his counsel at the scheduled
A Memorandum of the Office of the Court hearings. 14
Administrator (OCA) dated January 14, 1998 10
noted that "Criminal Case No. 94-15772 has been Accused-complainant had more than sufficient
pending for almost four (4) years already and the time and every available opportunity to present
prosecution has yet to rest its case. Complainant his side which would have led to the expeditious
has thrown every legal strategy in the book to termination of the case. A party cannot feign
delay the trial. . . ." denial of due process when he had the
The claim of accused-complainant that opportunity to present his side. 15
respondent judge's appointment of a counsel de
oficio constitutes a clear violation of his right to Moreover, there is no denial of the right to
due process and a deprivation of his counsel where a counsel de oficio was appointed
constitutional right to be defended by counsel of during the absence of the accused's counsel de
his own choice cannot be countenanced by this parte pursuant to the court's desire to finish the
Court. case as early as practicable under the continuous
trial system. 16
An examination of related provisions in the
Constitution concerning the right to counsel, will Thus, it has been held by this Court in the case of
show that the "preference in the choice of Lacambra v. Ramos: 17
counsel" pertains more aptly and specifically to a
person under investigation 11 rather than one "The Court cannot help but note the series of
who is the accused in a criminal prosecution. 12 legal maneuvers resorted to and repeated
importunings of the accused or his counsel, which
Even if we were to extend the application of the resulted in the protracted trial of the case, thus
concept of "preference in the choice of counsel" making a mockery of the judicial process, not to
to an accused in a criminal prosecution, such mention the injustice caused by the delay to the
preferential discretion cannot partake of a victim's family."
discretion so absolute and arbitrary as would
make the choice of counsel refer exclusively to Undoubtedly, it was accused-complainant's own
the predilection of the accused. strategic machinations which brought upon the
need for the appointment of a counsel de oficio in
As held by this Court in the case of People vs. as much as the criminal case had been dragging
Barasina: 13 on its lethargic course.
16 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l
As to the charges of oppression and gross
ignorance of the law against respondent judge
relative to cases under him while he was still in
the Municipal Trial Court, the same have been
sufficiently answered in the Comments submitted
in this case. The explanation by the respondent
judge indicate that the aforesaid allegations have
neither legal nor factual basis and that the
conclusions made therein are merely conjectural.
SO ORDERED.
17 | C O N S T I 2 _ S e c t i o n 1 4 _ R i g h t t o b e H e a r d b y H i m s e l f a n d C o u n s e l