Dear Atty. Kathy,

My father was convicted for a crime, and his conviction was sustained by the Court of Appeals. Our lawyer updated us that he already appealed the decision of the CA, that is why we were shocked to receive an Entry of Judgment, which says that the decision of the CA is final and executory. When we checked with the CA, we found out that our lawyer did not file any appeal of the decision of the CA. We want to change our lawyer and need to know please if we can still do anything since there is already an Entry of Judgment?

Cecilia

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Dear Cecilia,

A Petition for Review on Certiorari may be filed with the Supreme Court, to have the decision of the CA reversed and set aside.

The Supreme Court has ruled that the accused's right to be heard, expressly provided in the Constitution, is critical to protecting the right to due process. Thus, even if a judgment had become final and executory, it may still be recalled, and the accused afforded the opportunity to be heard by himself /herself and counsel. This is grounded on the principle that cases should be determined on the merits after full opportunity to all parties for ventilation of their causes and defenses, rather than on technicality or some procedural imperfections, so the ends of justice would be served better.

On the right of the accused to be heard, this includes the right to be assisted by effective counsel, who serves the client with competence and diligence.

Based solely on your narration, and barring any contributory negligence on the part of your father, it appears that your father's lawyer was grossly negligent and made misrepresentations with regard to appealing the decision of the CA, resulting in the denial of your father's right to due process, particularly your father's rights to appeal and assistance by effective counsel. In the interest of equity and substantial justice, the Entry of Judgment may be set aside, in order to give due course to your father's right to a final appeal of his case.