Every new year always brings hope. A hope for a better year and to be a better person.
Just like the sun that gives light everyday for all of us – good and bad – the law also gives us hope as it provides remedies to all our problems in life. Remember that law protects the innocent and those who have less in life. Its ultimate aim is justice and justice always favors the righteous.
In a legal battle, failure or defeat is a postponed success. If you do not win, hope is not lost. The law always provides a remedy.
One of the remedies is appeal. If one fails to appeal, the judgment becomes final and executory and thus, cannot be altered or changed anymore even if it is erroneous. What happens when the decision of the highest court of our land is erroneous – the answer is also found in the law – is it becomes the law of the land. Section 8 of the new Civil Code provides that judicial decisions applying or interpreting the laws or the Constitution shall form a part of our legal system.
A criminal case starts with the filing of a complaint at the Office of the City Prosecutor [OCP] which will require the filing of a counter-affidavit and determine if there is basis to file an Information in court. It will then issue a resolution dismissing the complaint if there is no merit or filing an information if there is basis to hold one accountable. This process is known as preliminary investigation.
Once an Information is filed, the trial court will conduct hearing and determine if accused is innocent or guilty [beyond reasonable doubt]. The process is known as trial. If accused is convicted, he may bring his case to the appellate court, which will require the filing of a brief. This process is known as appeal. The Court of Appeals will determine if the decision of the trial court is correct or erroneous.
The accused may again appeal the decision of the appellate court to the Supreme Court, which will decide the case with finality. An innocent person accused of a crime in court must not lose hope even if he is convicted, since the law provides remedies before several courts. If he fails to get justice, he must never surrender because our Supreme Court is always on guard to protect our rights.
One example is the case of Conche v. People, G.R. No. 253312 dated March 1, 2023 uploaded on August 18, 2023, where our Honorable Supreme Court recalls an entry of judgment of conviction of the Court of Appeals after his negligent lawyer fails to appeal.
In 2012, Conche was charged and convicted for illegal drug trade [R.A. 9165] and appealed. In 2015, the Court of Appeals affirmed the trial court’s decision of life imprisonment. His lawyer received the CA Decision in October 2015, but no motion for reconsideration or appeal was filed. Thus, the decision became final and executory.
Conche, who was in prison, was surprised because his private lawyer promised to appeal the CA decision to the Supreme Court, but failed. In 2018, after 30 months, the Public Attorney’s Office took over the case and filed [1] Motion to Recall Entry of Judgment and [2] Notice of Appeal. It argued that Conche’s first lawyer was guilty of gross negligence that resulted in deprivation of liberty.
The Office of the Solicitor-General opposed it as the negligence of the lawyer binds the client. The Court of Appeals agreed with the OSG. Our Honorable Supreme Court held the rules that final and executory judgment cannot be changed and that mistakes of lawyers bind the client, but admits of exception and said rules may not be strictly followed if it will result in the outright deprivation of the client’s liberty or the interest of justice so requires. Even if the judgment had become final and executory, it may still be recalled and accused afforded the opportunity to be heard.
The accused also has the right to be heard by counsel as explicitly provided in Section 14 (2), Article III of the 1987 Constitution, which has been interpreted to mean that the accused should be provided with assistance by “effective” counsel. It is thus the duty of counsel to exercise competence and diligence to serve as “effective” counsel. Conche’s right to due process was denied which warrants a reversal of the assailed CA rulings and directed the CA to give due course to the appeal.
Having a new lawyer helps. We, Llantino Delfin and Ronquillo, believe that fortune favors the brave and justice favors the righteous. The Year 2024 will be brighter.