Milla was not deprived of due process.
Milla argues that the negligence of his former counsel, Atty. Manuel V. Mendoza (Atty. Mendoza), deprived him of due process. Specifically, he states that after the prosecution had rested its case, Atty. Mendoza filed a Demurrer to Evidence, and that the former was never advised by the latter of the demurrer. Thus, Milla was purportedly surprised to discover that RTC Br. 146 had already rendered judgment finding him guilty, and that it had issued a warrant for his arrest. Atty. Mendoza filed an Omnibus Motion for Leave to File Motion for New Trial, which Milla claims to have been denied by the trial court for being an inappropriate remedy, thus, demonstrating his counsel’s negligence. These contentions cannot be given any merit.
The general rule is that the mistake of a counsel binds the client, and it is only in instances wherein the negligence is so gross or palpable that courts must step in to grant relief to the aggrieved client.[20] In this case, Milla was able to file a Demurrer to Evidence, and upon the trial court’s denial thereof, was allowed to present evidence.[21]Because of his failure to do so, RTC Br. 146 was justified in considering that he had waived his right thereto. Nevertheless, the trial court still allowed him to submit a memorandum in the interest of justice. Further, contrary to his assertion that RTC Br. 146 denied the Motion to Recall Warrant of Arrest thereafter filed by his former counsel, a reading of the 2 August 2007 Order of RTC Br. 146 reveals that it partially denied the Omnibus Motion for New Trial and Recall of Warrant of Arrest, but granted the Motion for Leave of Court to Avail of Remedies under the Rules of Court, allowing him to file an appeal and lifting his warrant of arrest.[22]
It can be gleaned from the foregoing circumstances that Milla was given opportunities to defend his case and was granted concomitant reliefs. Thus, it cannot be said that the mistake and negligence of his former counsel were so gross and palpable to have deprived him of due process.
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