Right to Counsel | Rights of the Accused | THE BILL OF RIGHTS

The Right to Counsel: A Comprehensive Discussion

The right to counsel is one of the most fundamental guarantees accorded to an accused person under the Bill of Rights in the 1987 Philippine Constitution. This right is a cornerstone in protecting the accused’s constitutional rights and ensuring a fair trial, especially within the adversarial system of justice in the Philippines. Its purpose is to provide every accused individual the opportunity to be competently represented in court, regardless of their status or capacity to hire legal representation.

Constitutional Basis

The right to counsel is explicitly provided under Article III, Section 12 of the 1987 Philippine Constitution, which states:

"Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel."

Additionally, Section 14(2) also provides:

"In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf."

These provisions establish the constitutional foundation for the right to counsel, and the judiciary has interpreted these clauses in various decisions to ensure that the right is not merely formalistic but substantive and effective.

Scope of the Right to Counsel

1. Right to Counsel at All Stages

The right to counsel attaches at various stages of the criminal proceedings:

• Custodial Investigation: The right to counsel is available during custodial investigations. This is particularly critical because of the risk of coerced confessions and improper police conduct. The rights under Section 12 must be read to include both pre-charge and post-charge custodial investigations.

  The "Miranda Doctrine" applies, and any confession or admission obtained without the accused being informed of the right to counsel, or without the presence of counsel, is inadmissible in evidence. The jurisprudential basis for this is the case of People v. Galit (135 SCRA 465 [1985]), where the Court held that a confession obtained without the assistance of counsel violates the Constitution and is inadmissible.

• Preliminary Investigation: In this stage, where the investigating prosecutor determines whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the accused is probably guilty thereof, the presence of counsel is necessary to safeguard the accused's rights.

• Arraignment and Trial: The right to counsel continues throughout the trial stage, ensuring the accused is defended by counsel from arraignment to final adjudication.

• Appeal: The right to counsel extends even to the appellate level, as recognized in People v. Holgado (85 Phil. 752 [1950]), where the Supreme Court stressed that counsel’s assistance is indispensable throughout the entire criminal process, including appeals.

2. Competent and Independent Counsel

The Constitution requires that the counsel provided must be competent and independent. Competence means that the counsel must have the requisite legal knowledge and experience to adequately represent the accused. Independence means that the counsel should act in the best interests of the accused, free from any influence from the prosecution or state authorities.

In cases where the accused cannot afford to hire a lawyer, the State is mandated to provide one, usually from the Public Attorney’s Office (PAO). The counsel provided must be vigilant and zealous in the representation, as mere token representation can be tantamount to denial of the right to counsel.

3. Preferably of His Own Choice

While the accused has the right to be represented by counsel, it is equally important that the counsel must preferably be one of his own choice. The purpose of this provision is to ensure that the accused is comfortable and confident in his legal representation. If, however, the chosen counsel is unavailable, the court may appoint a counsel de oficio to ensure that the proceedings are not unduly delayed.

4. Waiver of the Right to Counsel

The right to counsel can only be waived under strict conditions: the waiver must be made knowingly, voluntarily, and intelligently. Under the Constitution, the waiver must be in writing and done in the presence of counsel. This safeguard prevents any possibility of the accused unwittingly relinquishing this crucial right.

In People v. Alicando (251 SCRA 293 [1995]), the Supreme Court emphasized that the waiver of the right to counsel must be clear, categorical, and unambiguous. Any ambiguity or lack of compliance with the strict requirements on waiver renders it ineffective.

5. Effect of Absence of Counsel

Any proceedings or confessions made by an accused without the assistance of counsel are considered null and void. This is based on the recognition that the right to counsel is integral to a fair trial and due process.

For instance, in People v. Basay (219 SCRA 404 [1993]), the Supreme Court ruled that any extrajudicial confession made without the benefit of counsel is inadmissible in evidence. This rule applies even if the accused waived their right to counsel, but the waiver was not made under the constitutionally required standards.

Exceptions and Limitations

1. Voluntary Waiver in the Presence of Counsel

Although rare, an accused may voluntarily waive the right to counsel, but this waiver must strictly comply with constitutional safeguards. It must be clear that the waiver is made knowingly, voluntarily, and with full awareness of the consequences. The waiver must also be made in writing and in the presence of counsel.

2. Counsel de Oficio

In cases where the accused is unable to secure the services of a lawyer of their own choice, or where no private lawyer is available, the court is empowered to appoint a counsel de oficio. While counsel de oficio may not be the accused’s preferred lawyer, they must still meet the standards of competence and independence.

In People v. Malunsing (19 SCRA 426 [1967]), the Supreme Court held that failure to provide counsel, or appointing an incompetent counsel de oficio, renders the trial invalid as it violates the constitutional right of the accused to effective counsel.

3. Counsel at the Expense of the State

For indigent accused persons, the Constitution requires that the State provide counsel free of charge. The Public Attorney’s Office (PAO) often fulfills this role, ensuring that no accused person is deprived of legal representation due to poverty.

Important Jurisprudence on the Right to Counsel

• People v. Serzo (274 SCRA 553 [1997]): The Supreme Court ruled that the right to counsel is inviolable, and if an accused does not have a lawyer during custodial investigation or trial, any admission or confession obtained without counsel is inadmissible.

• People v. Labinia (422 Phil. 772 [2001]): This case emphasized that waiver of the right to counsel during custodial investigation should be made only in writing and in the presence of a counsel to prevent coercion.

• People v. Baylosis (186 SCRA 194 [1990]): It reaffirmed that legal assistance must be competent and effective. Even though the accused was provided with counsel, if the counsel did not properly safeguard the interests of the accused, it is as if no counsel was provided.

Summary

The right to counsel is one of the most crucial protections for an accused person under the Bill of Rights in the Philippine Constitution. It ensures that the accused has the legal assistance necessary to navigate the complexities of the criminal justice system. From custodial investigation to trial, and even on appeal, the right to counsel remains a vital safeguard of due process. The right cannot be waived lightly, and even in cases where counsel is appointed by the court, it must be competent, independent, and vigilant in the defense of the accused. Failure to provide adequate legal assistance renders any proceedings or confessions invalid, and the courts have consistently upheld the necessity of this constitutional right as a fundamental aspect of fair play in criminal prosecutions.