People v. Serzo Digest

People v. Serzo

Rights of the Accused

Facts:

1. Appellant Mario Serzo was convicted of murder by the lower court for the stabbing/killing of Alfredo Casabal after the latter rescued minors being held by the former.

2. Pre-trial was waived and the case proceeded to trial on the merits. 

3. The accused alleged that he was denied the right to counsel. During the arraignment he appeared without counsel,so the court appointed a counsel de officio. Thereafter, he moved that the arraignment be reset so he can engage the services of his own counsel however, during the arraignment, he still appeared without one. The arraignment proceeded with him being assisted by the counsel de officio.

4. During the trial, the same counsel appeared and cross-examined for the accused.

Issue: Whether or not the accused was denied of his right to counsel

HELD: NO. Herein, the accused was provided with a counsel de officio who assisted him in all stages of the proceedings.The option to hire ones counsel cannot be used to sanction reprehensible dilatory tactics, trifle with the Rules or prejudice the equally important right of the State and the offended party to speedy and adequate justice.

The right to counsel is guaranteed by the Constitution to minimize the imbalance in the adversarial system where an accused is pitted against the awesome prosecution machinery of the state. It is also a recognition of the accused not having the skill to protect himself before a tribunal which has the power to take his life or liberty.

The right covers the period from custodial investigation until judgment is rendered, even on appeal. RA 7438 provides that any person arrested or detained or under custodial investigation shall at all times be assisted by counsel.

The right is however not absolute and is waivable; a) the state must balance the private against the state's and offended party's equally important rightto speedy and adequate justice, and b) the right is waivable as long as the waiver is unequivocal, knowing, and intelligently made.