This case has been cited 1 times or more.
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2004-03-04 |
AUSTRIA-MARTINEZ, J. |
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| In People vs. Martinez,[91] the Court upheld the decision of the trial court finding the accused guilty of murder and sentencing him to reclusion perpetua, despite the failure of appellant to be a witness for his defense, thus: (While) [a]ppellant… decries his alleged frustrated desire to testify in Court. .. [T]his is now water under the bridge. Appellant had all the right … and opportunity to do so. He was properly represented by his counsel of choice and there was no hindrance to his testifying except his own volition. While appellant's silence will not in any manner prejudice him, he cannot now be heard to complain for his failure to avail of his right to be a witness in his own behalf. If appellant felt that he was deprived of his rights, he could have easily moved for new trial or reconsideration. He did not.[92] In People vs. Mendez,[93] the Court also held that the right to be heard and to reopen the case could not be allowed if doing so would sanction a plainly dilatory tactic and a reprehensible trifling with the orderly administration of justice.[94] | |||||