151. People vs Malunsing 63S493

FACTS: Manuel Villegas together with Malunsing et al were charged for murder. At the

opening of the trial, Manuel Villegas was appointed a counsel de oficio, Atty. Geronimo

Pajarito. Villegas however intimated to Geronimo and the trial court that he has his own

lawyer. However, the court proceeded without giving Villegas the opportunity to present

his own lawyer. The court then asked Atty. Pajarito if he wants to confer with his client

but Pajarito replied “I think I know the case.” Thereafter, trial began where the

prosecution presented evidence against Villegas. No evidence was presented in behalf

of Villegas and he was not even called to the witness stand to prove his innocence.

Consequently, Villegas was convicted of the crime charged.

Now, Atty. Pablito Pielago [presumably Villegas’ true lawyer and supposed lawyer from

the onset?] questioned the conviction as he presented the above irregularities. He said

that Villegas is an unlettered man and he does not know the intricacies of court

proceedings hence Pajarito should have been vigilant in representing him in court.

Pielago now wants the reversal of the conviction.

ISSUE: Whether or not the conviction should be reversed.

HELD: Yes, for there is a gross violation of Villegas’ constitutional rights. The Supreme

Court noted that it is not enough that a counsel de oficio was appointed, especially so

as here, where the accused had indicated that he wanted a lawyer of his choice, a

decision prompted moreover by the fact that he had lost confidence in the member of

the bar thus designated. Nor is it to manifest respect for this right if the counsel de

oficio thus named, instead of conferring with the accused, would just blithely inform the

judge that he was already fully prepared for his exacting responsibility. It was

unintended, of course, but the result could not rightly be distinguished from pure

travesty. The Supreme Court reversed the conviction but considering the gravity of the

offense charged, it ordered a new trial.