Sunday, November 29, 2020

PAO; negligence as counsel – “The PAO, as the duly designated government agency to represent and render legal services to pauper litigants who cannot hire their own counsel, should have exerted more effort on this case.”


PEOPLE OF THE PHILIPPINES, appellee, vs. RAFAEL OLIVARES, JR. and DANILO ARELLANO, appellants. G.R. No. 77865, December 4, 1998

PAO; negligence as counsel – “The PAO, as the duly designated government agency to represent and render legal services to pauper litigants who cannot hire their own counsel, should have exerted more effort on this case.”

“x x x.

Upon a thorough review of the records of the case, appellants' conviction cannot stand for reasons which were not discussed or even mentioned by appellants' appointed counsel. The PAO, as the duly designated government agency to represent and render legal services to pauper litigants who cannot hire their own counsel, should have exerted more effort on this case. Its pleadings filed before this court could hardly be considered as the product of an advocate who has the responsibility to serve his client with competence and diligence. 10 The preparation of his case is a duty the lawyer owes not only to his client whose property, money and above all life and liberty he is bound to protect. It is also a duty he owes to himself, to his own integrity and self-respect at the bar. Nonetheless, the Court is not powerless to address and consider unassigned issues and relevant facts and law that may affect the merits and justifiable disposition of the case.

X x x.”

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