G.R. No. L-2809; March 22, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRISCO HOLGADO, defendant-appellant.

FACTS

Frisco Holgado was charged with slight illegal detention for allegedly kidnapping and detaining Artemia Fabreag for about eight hours. During arraignment, the accused appeared without counsel. The trial court asked him, “Do you have an attorney or are you going to plead guilty?” The accused pleaded guilty but added a qualification: “but I was instructed by one Mr. Ocampo.” Without further inquiry into this qualification and without assigning counsel to the accused, the trial court proceeded to convict him. The court later rendered a judgment finding him guilty of the more serious crime of kidnapping and serious illegal detention, imposing a penalty of ten years and one day to twenty years of imprisonment.

ISSUE

Whether the trial court violated the constitutional right of the accused to due process and to counsel, thereby rendering the proceedings irregular and the judgment invalid.

RULING

Yes. The Supreme Court reversed the judgment and remanded the case for a new arraignment and trial. The trial court failed to comply with the mandatory duties under the Rules of Court when an accused appears without counsel: (1) to inform the accused of his right to have an attorney before arraignment; (2) to ask if he desires the aid of an attorney; (3) to assign an attorney de oficio if he desires one and is unable to employ one; and (4) to grant a reasonable time to procure his own attorney if desired. The court’s question, “Do you have an attorney or are you going to plead guilty?” was improper as it could be construed as a suggestion to plead guilty if unrepresented. Furthermore, the court failed to adequately inquire into the accused’s qualified plea of guilt. The right to counsel is essential to a fair hearing and is a constitutional guarantee; its denial constitutes a violation of due process.

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