GR L 1228; (May, 1948) (Digest)
G.R. No. L-1228; May 28, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORBERTO SILERIO, FLORO LAPIZ, and CORNELIO ATIENZA, defendants-appellants.
FACTS
On the evening of February 6, 1946, appellants Norberto Silerio, Floro Lapiz, Cornelio Atienza, and a fugitive (Loreto Maghirang), armed with rifles and posing as law officers, entered the house of Alejandro Flores in Calauan, Laguna. They robbed the house of cash and valuables. After bringing Flores outside, Silerio and Atienza raped Felicidad Flores at gunpoint. The crime was reported the next day, and the three appellants were arrested on February 8, 1946. They executed sworn confessions admitting participation in the robbery, and part of the loot was recovered based on Silerio’s indication. During trial, the accused initially appeared without counsel, so the court appointed a counsel de oficio. The accused raised an alibi, claiming they were harvesting in a neighboring town, but this was uncorroborated.
ISSUE
Whether the trial court committed a prejudicial error in proceeding with the trial after appointing a counsel de oficio for the accused who appeared without counsel.
RULING
No. The Supreme Court found no prejudicial error. The accused had ample time to secure counsel, having been represented by an attorney during the preliminary investigation and having been arraigned weeks earlier. The court’s insistence on proceeding was not an abuse of discretion, as the appointed counsel de oficio conducted cross-examination and direct examination, and the accused failed to show how their defense was substantially impaired. The Court affirmed the conviction for robbery with rape under Article 294(2) of the Revised Penal Code, aggravated by nighttime and band, and upheld the penalty of life imprisonment and indemnity.
AI Generated by Armztrong.