G.R. No. 151198 ; June 8, 2004
THE PEOPLE OF THE PHILIPPINES, appellee, vs. RAUL BERIBER y FUENTES, appellant.

FACTS

The appellant, Raul Beriber, was charged with Robbery with Homicide for allegedly entering the house of spouses Henry and Ma. Lourdes Vergara, stealing cash, and stabbing Ma. Lourdes Vergara to death on October 3, 2000. The prosecution presented witnesses, including a physician who conducted the necropsy, a police investigator who documented the crime scene’s disarray, and neighbors who testified to the appellant’s presence and restless behavior near the victims’ house on the morning of the crime. The appellant, assisted by a court-appointed counsel from the Public Attorney’s Office, pleaded not guilty. The Regional Trial Court found him guilty and imposed the death penalty, leading to this automatic review.

ISSUE

Whether the appellant’s constitutional right to counsel was violated, thereby nullifying the proceedings and warranting a remand of the case.

RULING

Yes. The Supreme Court vacated the RTC decision and remanded the case for further proceedings. The Court found a grave violation of the appellant’s right to counsel, a fundamental component of due process. The records revealed that his court-appointed counsel, Atty. Nena Palencia, failed to provide effective representation. She did not cross-examine the prosecution’s physician witness on critical findings, such as the use of two different weapons, which could have supported a defense. More egregiously, she rested the case for the defense without presenting any evidence, including the appellant’s testimony, effectively depriving him of his right to be heard and to present his side. This constituted a complete denial of the right to counsel, not merely a claim of ineffective assistance. When the right to counsel is denied, the presumption of innocence is impaired, and the trial is rendered void. Consequently, the proceedings were nullified, and a new trial was mandated to afford the appellant his constitutional rights.