GR No. 123456, *People v. Dela Cruz* (2020)

FACTS: Juan Dela Cruz was charged with the crime of robbery with homicide. The prosecution presented evidence that he entered a convenience store, declared a hold-up, and shot the security guard who resisted, resulting in the guard’s death. During trial, the defense counsel failed to present any evidence or witnesses, and Dela Cruz was convicted. On appeal, Dela Cruz argued that he was deprived of his constitutional right to due process and effective assistance of counsel because his lawyer’s failure to present a defense amounted to a denial of such right.

ISSUE

Whether or not the accused was denied his right to effective assistance of counsel, warranting a reversal of his conviction.

RULING

No. The right to effective assistance of counsel does not mean errorless counsel. For the claim to prosper, the appellant must show that counsel’s performance was so grossly incompetent that he was effectively denied legal assistance, and that such incompetence prejudiced his defense. In this case, the records show that counsel actively participated in the trial by cross-examining prosecution witnesses and objecting to improper evidence. The mere failure to present witnesses, without a showing that such witnesses were available and their testimony would have altered the result, does not constitute gross incompetence. The evidence of guilt, including positive identification and forensic evidence, was strong and overwhelming. Therefore, the conviction stands.