The Supreme Court ruled that a writ of habeas corpus will not be granted as a post-conviction remedy when the deprivation of constitutional rights, such as due process and competent counsel, is not sufficient to void the entire proceedings. The Court emphasized that a defendant is bound by their counsel’s negligence unless it constitutes gross negligence leading to abandonment of the case, and even then, the defendant must not be negligent themselves. This ruling underscores the importance of defendants actively monitoring their cases and the limited circumstances under which a habeas corpus petition can be used to challenge a conviction.

When Absence Isn’t Just Absence: Unpacking Due Process and the Fugitive Defendant

This case revolves around Michael Labrador Abellana, who was convicted of drug offenses. After conviction, Abellana sought a writ of habeas corpus, arguing that he was deprived of his rights to due process and competent counsel during his trial. He claimed that he didn’t receive proper notice of court proceedings and that his counsel, Atty. Albura, was negligent. The Supreme Court had to determine if these alleged violations warranted the issuance of a writ of habeas corpus, essentially questioning the legality of Abellana’s imprisonment.

The Court began by reiterating the nature and scope of the writ of habeas corpus. The writ is a remedy against unlawful restraint, ensuring that a prisoner’s detention is examined by a court to determine its lawfulness. While generally not applicable when a person’s liberty is restrained by a legal process, the Court acknowledged exceptions where habeas corpus can be a post-conviction remedy. These include deprivation of constitutional rights, lack of jurisdiction by the sentencing court, or imposition of an excessive penalty. Abellana based his petition on the first exception, claiming a deprivation of his constitutional rights.

However, the Court clarified that when detention originates from a judicial order, the scope of habeas corpus inquiry is limited. The alleged violation of constitutional rights must be significant enough to void the entire proceedings. As the Supreme Court articulated, “Whatever situation the petitioner invokes from the exceptional circumstances listed above, the threshold remains high. Mere allegation of a violation of one’s constitutional right is not enough. The violation of constitutional right must be sufficient to void the entire proceedings.” This high bar emphasizes that habeas corpus is not a simple appeal but a challenge to the very legitimacy of the detention.

Turning to Abellana’s due process claim, the Court emphasized that procedural due process guarantees a reasonable opportunity to be heard. What the law prohibits is the complete absence of such opportunity. The Court noted that Abellana had multiple chances to present his case but seemingly squandered them through his own actions and those of his counsel. Despite his claims of lacking notice for the April 30, 2009 hearing, the Court underscored that the opportunity to be heard, rather than prior notice itself, is the cornerstone of due process. Moreover, records indicated prior scheduled hearings that Abellana failed to attend.

Regarding the notice for the promulgation of judgment, the Court found that Atty. Albura had indeed received it, as evidenced by his Urgent Motion to Defer Promulgation of Judgment. Although Abellana claimed he wasn’t informed by Atty. Albura, the Court found this unconvincing, noting that Atty. Albura filed the motion on Abellana’s behalf and inquired about prior notices. Furthermore, the RTC had notified Abellana through his bonding company, reinforcing the conclusion that he was aware of the scheduled promulgation. The Court then invoked Section 6 of Rule 120 of the Rules of Court:

SECTION 6. Promulgation of judgment. — x x x

x x x x

If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice. (Emphasis and underscoring supplied)

This rule made it clear that Abellana’s failure to appear at the promulgation, without justifiable cause, resulted in the loss of available legal remedies. He could not shift the blame solely to his counsel, as he himself had a responsibility to attend. Further compounding his situation, Abellana became a fugitive, failing to surrender within the 15-day grace period allowed by the rules. The Supreme Court thus aligned with the lower courts, finding no deprivation of due process.

The Court then addressed Abellana’s claim of ineffective counsel. While acknowledging Atty. Albura’s negligence in deliberately missing the promulgation as a protest, the Court cited Bejarasco, Jr. v. People, emphasizing that a client is generally bound by their counsel’s actions, even mistakes. An exception exists for reckless or gross negligence depriving the client of due process. However, for this exception to apply, the gross negligence should not be compounded by the client’s own negligence. As the Court noted, “For the exception to apply, however, the gross negligence should not be accompanied by the client’s own negligence or malice, considering that the client has the duty to be vigilant in respect of his interests by keeping himself up-to-date on the status of the case.”

Even though Atty. Albura’s actions were negligent, they didn’t amount to a clear abandonment of Abellana’s cause. Atty. Albura had informed Abellana of the promulgation and filed a Motion for New Trial or Reconsideration. More importantly, Abellana was himself negligent, failing to attend the promulgation despite notification and becoming a fugitive. His subsequent legal actions, such as the delayed petition for relief from judgment, further demonstrated a lack of diligence. The Court emphasized that litigants must actively monitor their cases and cannot solely rely on their counsel. The standard of care required is that of an ordinary prudent person managing their own affairs. The Court ultimately concluded that Abellana was bound by his counsel’s conduct and that no exception to this rule applied.

FAQs

What was the key issue in this case?	The key issue was whether the petitioner’s claims of deprivation of due process and ineffective counsel warranted the issuance of a writ of habeas corpus to challenge his conviction. The Court had to determine if these violations were substantial enough to void the entire legal proceedings.
What is a writ of habeas corpus?	A writ of habeas corpus is a legal remedy used to challenge unlawful detention. It requires the government to bring a detained person before the court to determine if their imprisonment is lawful.
Under what circumstances can a writ of habeas corpus be used after a conviction?	A writ of habeas corpus can be used post-conviction if there has been a deprivation of a constitutional right, the court lacked jurisdiction to impose the sentence, or the imposed penalty was excessive. These are very limited circumstances.
What does due process mean in this context?	Due process means that a person has a reasonable opportunity to be heard and defend themselves in legal proceedings. It does not necessarily mean prior notice, but it requires an opportunity to present one’s case.
Is a client responsible for their lawyer’s mistakes?	Generally, a client is bound by their lawyer’s actions, including mistakes. However, an exception exists for gross negligence by the lawyer that deprives the client of due process, provided the client is not also negligent.
What does it mean to be negligent in a legal case?	Negligence in a legal case means failing to exercise the standard of care that a reasonably prudent person would under similar circumstances. This includes monitoring the case and communicating with the lawyer.
What was the significance of the petitioner becoming a fugitive?	The petitioner’s flight from justice was significant because it demonstrated a lack of diligence and a failure to avail himself of legal remedies. This undermined his claim that he was denied due process.
What happens if a defendant fails to appear at the promulgation of judgment?	According to Rule 120, Section 6 of the Rules of Court, if the defendant’s failure to appear is without justifiable cause, they lose the remedies available against the judgment and are subject to arrest. However, they may surrender within 15 days and seek leave of court to avail themselves of remedies by proving justifiable cause for their absence.

The Supreme Court’s decision underscores the delicate balance between a defendant’s rights and their responsibility to actively participate in their defense. While the justice system aims to protect individual liberties, it also expects a reasonable level of diligence from those seeking its protection. The ruling serves as a reminder that while errors of counsel may sometimes be grounds for relief, a defendant’s own negligence can be a significant impediment to obtaining such relief.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IN RE: THE WRIT OF HABEAS CORPUS FOR MICHAEL LABRADOR ABELLANA, G.R. No. 232006, July 10, 2019