HomeDoes an RTC have jurisdiction over a case where our counsel turned out to be a fake lawyer? Will the court still have jurisdiction over our case when our right to counsel was violated?
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Does an RTC have jurisdiction in this case?
2 posters
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2 Re: Does an RTC have jurisdiction in this case? Sun Jul 22, 2012 10:38 am
attyLLL
moderator
you'll have basis to request for new trial
3 Re: Does an RTC have jurisdiction in this case? Tue Nov 27, 2012 12:34 am
jimmim
Arresto Menor
jimmim wrote:Does an RTC have jurisdiction over a case where our counsel turned out to be a fake lawyer? Will the court still have jurisdiction over our case when our right to counsel was violated?
Found the answer to my own question:
The outstanding rule in our jurisprudence when it comes to deprivation of right to counsel or due process is:
“The cardinal precept is that WHERE THERE IS A VIOLATION OF BASIC CONSTITUTIONAL RIGHTS, COURTS ARE OUSTED FROM THEIR JURISDICTION. The violation of a party’s right to due process, raises a serious jurisdictional issue, which cannot be glossed over or disregarded at will. WHERE THE DENIAL OF THE FUNDAMENTAL RIGHT OF DUE PROCESS IS APPARENT, A DECISION RENDERED IN DISREGARD OF THAT RIGHT IS VOID FOR LACK OF JURISDICTION.” (Gumabon v. Director of Bureau of Prisons, G.R. No. L-30026, January 30, 1971; People v. Bocar, et. al., G.R. No. L-27935, August 16, 1985; Galman, et. al. v. Sandiganbayan, et. al., G.R. No. 72670, September 12, 1986; State Prosecutors v. Judge Manuel T. Muro, A.M. No. RTJ-92-876, September 19, 1994; Montoya v. Varilla, et. al., G.R. No. 180146, December 18, 2008).
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