[ G.R. No. 555. April 19, 1902 ] 1 Phil. 236
[ G.R. No. 555. April 19, 1902 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. PANTALEON GIMENO, DEFENDANT AND APPELLANT. D E C I S I O N
COOPER, J.:
The defendant, Pantaleon Gimeno, was on November 21, 1901, convicted in the Court of First Instance, Fifth Judicial District, of the offense of robbery and sentenced to six years and one day of presidio mayor and to the payment of damages and costs.
Upon an examination of the record we discover that the defendant applied to the Court of First Instance for assignment of counsel for his defense at the trial of the case, and in accordance with the application an attorney was assigned for his defense. Notwithstanding this, it seems that the attorney failed to appear at the trial to represent him, and the burden fell upon him to make his own defense.
Under General Orders, No. 58, if the defendant appears without counsel he must be informed by the court that he has a right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel the court must assign counsel to defend him. (Sec. 17.) This is a right which the defendant should not be deprived of, and the failure of the court to assign counsel or, after counsel has been assigned, to require him to perform this duty by appearing and defending the accused would be sufficient cause for the reversal of the case.
For this reason it will be necessary to remand this case for a new trial, at which the defendant must be assigned counsel for his defense.
It is so ordered and directed, and the costs of this appeal are adjudged de oficio.
Arellano, C. J., Mapa, and Ladd, JJ., concur.