29.CONSULTA VS.

PEOPLE, February 12, 2009

FACTS:
Consulta is charged for stealing a gold necklace worth 3.5k owned by a certain Silvestre. He
was convicted by the lower court. Consulta raised before the CA the issue that he was not properly
arraigned and that he was represented by a non lawyer.

ISSUE: Whether or not Consulta was denied of due process.

HELD:
The SC ruled that Consulta’s claim of being misrepresented cannot be given due course. He
was assisted by two lawyers during the proceeding. In the earlier part, one Atty. Jocelyn Reyes who
“seemed not to be a lawyer “assisted him. Granting that she indeed is not a lawyer, her withdrawal
from the case in the earlier part of the case has cured the defect as a lawyer coming from the PAO
subsequently assisted him.