Pedro Consulta vs People of the Philippines

November 23, 2010
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 Due Process

Consulta is charged for stealing a gold necklace worth 3.5k owned by a certain Silvestre. He was convicted by the lower court. Consulta raised before the CA the issue that he was not properly arraigned and that he was represented by a non lawyer.

ISSUE: Whether or not Consulta was denied of due process.

HELD: The SC ruled that Consulta’s claim of being misrepresented cannot be given due course. He was assisted by two lawyers during the proceeding. In the earlier part, he was assisted by one Atty. Jocelyn Reyes who seemed not to be a lawyer. Granting that she indeed is not a lawyer, her withdrawal from the case in the earlier part of the case has cured the defect as he was subsequently assisted by a lawyer coming from the PAO.

 

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