People v Serzo Jr.

testify and he manifested his intention to secure the services of a counsel de

Right to Counsel | June 20, 1997 | Panganiban, J.
Nature: Appeal
Digest maker: Jam Buen
Summary:​ Accused 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. Serzo appeared in trial without counsel several times, forcing the court
to appoint several counsels. Still, Serzo appeals on the ground that he was denied
his right to counsel. SC finds that the facts of the case do not support such claim,
and affirms his conviction.
Doctrine​: The right to counsel is not absolute and is waivable; a) the state must
balance the private against the state's and offended party's equally important right
to speedy and adequate justice, and b) the right is waivable as long as the waiver is
unequivocal, knowing, and intelligently made.
parte.
- Mar. 3, 1992, Atty. Lina-ac was relieved as counsel de oficio in view of
Senzo's manifestation and refusal to cooperate.
- Apr. 6, 1992: Senzo appeared without counsel. Trial court appointed
another counsel de oficio, Bella Antonano.
- Aug. 25, 1992: Senzo again appeared in trial without counsel. Trial court
appointed Garcia of PAO as counsel de oficio. But Senzo still did not
cooperate in the succeeding trials.
- Appellant wrote Judge Angeles, seeking the early resolution.
- Aug. 23, 1994: Trial court convicted Senzo of murder.
Issue:

1. WON the appellant alleges had been denied effective legal representation,
Facts:
or his right to counsel. — NO
- Aug. 22, 1990: Deceased Alfredo Casabal and his wife were at home when
Susana Serzo, mother of the accused, asked for their help in rescuing her
Ratio:
grandchildren who were being held inside their house by her son, accused
- Appellant claims that he was not given sufficient time to engage a counsel
Mario Serzo.
de parte and that his appointed counsels did not exert their utmost efforts in
- After the couple was able to rescue the kids, the accused Serzo attacked
representing him. Court held that his multiple appearance in trial without
Alfredo Casabal and repeatedly stabbed him to death. His wife was able to
counsel showed his lack of intent to engage such.
survive the attack of the accused.
- Moreover, he was provided with a counsel de officio who assisted him in all
- However, the accused fled when other residents in the area noticed the
stages of the proceedings. The option to hire ones counsel cannot be used to
incident.
sanction reprehensible dilatory tactics, trifle with the Rules or prejudice the
- Testimonies were given by Adelaida Alcantara (victim's widow),
equally important right of the State and the offended party to speedy and
Medico-Legal Officer Dario L. Gajardo and Epifania Andrade, and the trial
adequate justice.
court charged Serzo for murder.
- The right to counsel is guaranteed by the Constitution to minimize the
- Appellant then alleged that he was denied his right to counsel.
imbalance in the adversarial system where an accused is pitted against the
- Jan. 8, 1991: During arraignment, appellant appeared still without counsel.
awesome prosecution machinery of the state. It is also a recognition of the
Trial court appointed Atty. Wilfredo Lina-ac as counsel de oficio for the
accused not having the skill to protect himself before a tribunal which has the
arraignment only.
power to take his life or liberty.
- TC granted appellant motion that the arraignment be reset and that he be
- The right covers the period from custodial investigation until judgment is
given time to engage a counsel of his own choice.
rendered, even on appeal. RA 7438 provides that any person arrested or
- Feb. 11, 1991: He appeared without a counsel de parte but was nonetheless
detained or under custodial investigation shall at all times be assisted by
arraigned with the assistance of Lina-ac. He pleaded not guilty.
counsel.
- Pre-trial was waived and the case proceeded to trial on the merits.
- The right is however not absolute and is waivable; a) the state must balance
- During the trial, the same counsel appeared and cross-examined for the
the private against the state's and offended party's equally important rightto
accused.
speedy and adequate justice, and b) the right is waivable as long as the waiver
- Presentation of evidence for the defense was reset as Senzo was not ready to
is unequivocal, knowing, and intelligently made.