Legal & Judicial Ethics, 2012 Bar — Question 10

MULTIPLE CHOICE

Bong Tupak, a second-year law student, was charged in the RTC for Forcible Abduction with Rape. Having knowledge of criminal law and procedure, he dismissed the counsel de oficio assigned and appeared for himself. He asserted that there was lack of force. Eventually, the RTC found him guilty of Consented Abduction and imposed the penalty. Bong Tupak now assails the decision, saying that there was a violation of due process because he was allowed to appear by himself and he did not know that Consented Abduction is a crime. Decide. (A) An accused before the RTC may opt to defend himself in person and he cannot fault others for his decision. (B) The RTC should have appointed a counsel de oficio to assist the accused even if not sought or requested by the accused. (C) There was violation of due process. There is disparity between the expertise of a public prosecutor and the inexperience of a 2nd year law student. (D) A 2nd year law student has sufficient knowledge of criminal law and procedure, hence, he is competent to defend himself.

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