SC Recalls Judgment of Conviction of Accused After Negligent Lawyer Fails to Appeal
To deprive an accused, who relied in good faith on his or her counsel, the right to appeal is a violation of the right to due process. Thus ruled the Supreme Court’s Third Division in a Decision, penned by Justice Samuel H. Gaerlan, granting the Petition for Review on Certiorari filed by Rodrigo O. Conche and recalling the Entry of Judgment issued by the Court of Appeals (CA). The Court also directed the CA to give due course to Conche’s appeal and elevate the records of the case for this purpose. In 2012, the Regional Trial Court (RTC) of ParaƱaque City convicted Conche of violating Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. Through his counsel de parte, Gutierrez and Trinidad Law Office (GT Law Office), he sought reconsideration but was denied by the RTC. Conche appealed, but his conviction was sustained by the CA in its Decision dated September 21, 2015, affirming the penalty of life imprisonment and fine of PhP500,000.00. GT Law Office received a copy o