115 Rights of the accused

1. Rights of a accused constitutional/statutory

2. Right to appeal statutory
CRIMINAL DUE PROCESS ELEMENTS
1. Heard in a court of competent jurisdiction
2. Preceded against under the orderly processes of law
3. Gien notice and opportunity to !e heard
". #udgment was awarded within authority of constitutional law
$ection 1% Rights of the accused at the trial
1. PRESUMED INNOCENT
NONAI!A"LE
&'' criminal prosecutions right to !e presumed innocent until contrary
is P(R)
Reason% principle of justice and moral certainty
Reasona!le dou!t engendered !y an inestigation of whole proof and
an ina!ility* after such inestigation* to let the mind rest easy upon the
certainty of guilt
1. &!solute certainty + demanded to conict
#. ,-R&' ./R0&1203 is re4uired as to eery proposition of proof
re4uisite to constitute the offense
Ratio% slightest possi!ility of an innocent man !eing conicted for an
offense he has not committed 5 letting a guilty person go unpunished for
a crime he may hae perpetrated
/4uipoise rule where the eidence of the parties in a criminal case are
eenly !alanced* the presumption of innocence will tilt in faour of the
accused 6 ac4uittal
o 'egislature may enact that when certain facts hae !een proed 6
prima facie eidence of e7istence of guilty 8 shift the !urden of proof
o PR-9% rational connection !etween facts proed 8 ultimate fact
presumed
o /7amples%
1. :ne7plained flight
2. ;ailure to e7plain possession of stolen property
3. ;ailure to account funds and property of a P- entrusted to
him
$/';<)/;/2$/% person who ino=ed $) is
presumed guilty 6 R/9/R$/ 0R1&'
#. IN$ORMED O$ T%E NATURE AND CAUSE O$ T%E ACCUSATION A&AINST
%IM
AI!A"LE 'fai( to o)*ect du+i,g t+ia(-
,eans of informing
1. P1
2. Re4uirement of sufficient allegations in info/complaint
3. &rraignment
". (ill of particulars
>. Rules against duplicity of offense
GR% & + !e conicted of an offense unless it is clearly charged in the info
or complaint
-therwise% iolation of constitutional right
/+.% &n information which lac=s essential allegations may still sustain a
coniction when the accused ;&1'$ 0- -(#/.0 to its sufficiency ):R12G
0H/ 0R1&' and the deficiency was .:R/) !y competent eidence presented
6 ?&19/R of constitutional right
o Re4uired% information state facts 8 circumstances constituting the crime
charged @common understanding may easily comprehends and !e
informedA
o .harged in a complaint with a crime 8 eidence + show that he is guilty*
!ut does show that he is guilty of a lesser offense 6 sentence to the lesser
PR-9% lesser offense is cognate 8 included in the complaint
o B/&. must !e alleged and proed to !e considered
o )/$.R1P01-2 is controlling @+ designationA
.. PRESENT / DE$END IN PERSON AND "0 COUNSEL AT E!ER0 STA&E O$ T%E
PROCEEDIN&
AI!A"LE
GR% Presence of & during .R& is + re4uired and shall !e !ased on his sole
discretion
/+.% ,andatory in the ff%
1. )uring arraignment
2. Promulgation of sentence
/+.% light offense presence of counsel/representatie
3. -rdered !y court for indentificaiton purposes
2-0 applica!le in $. and .&
o + proceedings !efore .&* $.* entry and promulgation of their judgments
@& 6 2- need to !e present in court during the hearing of appealA
o ,ay waie his right to present during trial
H?9R% his presence may !e compelled when he is to !e identified
Re4uisites of waier
1. /7istence of a right
2. Cnowledge
3. 1ntention to relin4uish
". &ssisted !y counsel to !e alid
/ffects of waier of the right to appear
1. ?aied of right to present eidence and cross<e7amine witnesses
2. Prosecution can present eidence
3. .ourt can decide without &Ds eidence
0rial in a!sentia
1. 2on<appearance &;0/R &RR&1G2,/20 despite due notice
2. ?aies right to meet the witnesses face to face
3. + mean 6 release of & from his o!ligation under the !ond to appear in
court whener so re4uired
". ?&19/ right !ut + duty or o!ligation in court
>. Re4uirements
o (een arraigned
o )uly notified of trial
o :njustified non<appearance
/scapee duly tried in a!sentia waies his right to present
eidence on his own !ehalf and to confront and cross<
e7amine witnesses who testified against him
Right to counsel &($-':0/ and may !e ino=ed at &'' times een on
appeal
o ?/o aid of counsel person may !e conited + !ecause he is guilty
!ut !ecause he + =now how to esta!lish innocence
o 1ncludes% custodial inestigation* rendition of judgment* appeal
o &($-':0/E Right to counsel de parte 6 + a!solute
)ifference !etween R. during arraignment and during the trial
&RR&1G2,/20 0R1&'
.ourt inform the accused of right to
counsel and proide him with 1 in
case he cannot afford it.
.ourt act on its own olition* unless
waier of right
& assert right to counsel
.ourt will 2-0 act unless the accused
ino=es his right
.ustodial inestigation 4uestioning !y '/- of a suspect ta=en into
custody or otherwise depried of his freedom of action in a significant
way. 1ncludes practice of issuing an 12910&01-2 to a person inestigated
in connection with an offense he is suspected to hae committed
)ifference !etween R. during .1 and during trial
0R1&' .1
R. means /;;/.019/
counsel.
.ounsel defend the
accused
@+ preent from
confessingA
$tricter re4uirement%
Presence of .-,P/0/20 and 12)/P/2)/20 counsel
prefera!ly the choice of &
.1 is + done in pu!lic 8 danger that confessions may !e
e7acted against will of &
2-0 &PP'3% spontaneous statement 7 elicited through
4uestioning !ut oral admission
2-0 &PP'3% admission or confession !efore .1
.onfessions @w/o counselA 6 + admissi!le as eidence to
incriminate the accused
(:0% may !e used to impeach the credi!ility of & or
treated as er!al admission through the testimony of
persons who heard it or conducted the inestigation of &
'&?3/R failure to inform appealant of latterDs right to
remain silent !y his coming and going* during the .1 8
a!rupt departure !efore termination of proceedings 6 +
competent
0H:$% still 12&),1$$1('/
&$$1$0% from the time confessant answers the 1
st
4uestion until the signing of the e7trajudicial confession
R. and R0R$ + cease een after a complaint or
information has already !een filed 6 &$ '-2G &$ H/ 1$
12 .:$0-)3
.-:2$/' )/ -;;1.1- 6 mandatory only at the time of
&RR&1G2,/20
@+ legal counsel of choiceE desire to employe .)-A
.onse4uences of denial of right to counsel R/0R1&' when represented !y a
fa=e lawyer
-ffended party .&22-0 waie assistance of counsel -P can only interene
in the case of F(3 .-:2$/'D
o -P + afford a priate prosecutor 6 P:('1. PR-$/.:0-R can represent
him
1. TESTI$0 AS ITNESS IN %IS ON "E%AL$
AI!A"LE
;ailure to testify is not ta=en against him !ut failure to produce eidence in his
!ehalf is against him
&,/R1.&2 R:'/ /2G'1$H R:'/
1f the & testifies* he may !e cross<e7amined.
(:0% only on matters coered !y his direct
e7amination
&n ordinary witness can !e cross<
e7amined as to any matter stated in the
direct e7amination or connected therewith
5. E2EMPT $ROM "EIN& COMPELLED TO "E A ITNESS A&AINST %IMSEL$
AI!A"LE
Right against self<incrimination incriminate or su!ject & to penal lia!ility
o ?&19&('/% failure to ino=e priilege at propert time 6 &;0/R 1B is as=ed
o 1ncriminating B su!ject him to lia!ility
R1GH0 -; 0H/ &..:$/) R1GH0 -; &2 -R)12&R3 ?102/$$
& may altogether refuse to ta=e the witness
stand and refuse to answer any and all
4uestions
-? may !e compelled to ta=e the witness
stand and claim the priilege as each
4uestion re4uiring him an incriminating
answer is shot at him
H?9/R% 1f & testifies in his own !ehalf* then he may !e cross<e7amined as any
-? 6 waier of right against self<incrimination 8 he .&22-0 refuse to answer
any 4uestion
(:0% he ,&3 refuse to answer for an offense )1$012.0 for that which he is
charged
$cope prohi!ition against testimonial compulsion and production !y the
accused of incriminating documents and articles demanded from
o 1t does 2-0 coer ecamination of his (-)3 as eidence* when it may !e
material%
Physical e7amination
/7am of rapist and ictim for gonorrhea alid
Pregnancy e7am adultery
:ltra iolet light for e7amination of presence of fluorescent
powder dusted on mar=ed money !uy !ust
;urnishing of a specimen of signature in a falsification of document case
is .-9/R/) !y the right
o ?riting is + purely a mechanical act 6 intelligence and attention
2-0 include cases coered !y immunity statutes%
o R& 13GH forfeiture of illegally o!tained wealth
o R& G"H !ri!ery and graft cases
?here aaila!le% .R !ut also got proceedings penal sanction inoled
?here ino=ed% after as=ing of a B and !efore answering it
Rationale for protecting the right against self<incrimination
o Humanitarian reasons preent state from using coercie powers
o Practical reasons commit perjury
B on past criminal lia!ility which he may still !e prosecuted 6 .-9/R/)E
if he + prosecuted 6 2-0 ino=e
)2& samples 2-0 iolate R$1E applies to eidence that is
communicatie in essence ta=en under duress
0a=ing of & of the witness stand 6 ?&19/R of R$1 on cross<e7amination
with respect to offense in 4uestion
o (:0% if e7amination incriminates him with -0H/R offenses
6 ,&3 ino=e R$1
Rights of the accused in the matter of testifying or producing eidence
(/;-R/ .&$/ &;0/R .&$/ 1$ ;1'/)
1. !e 12;-R,/).
2. R/,&12 $1'/20 &2) 0-
.-:2$/'
3. 2-0 0- (/ $:(#/.0/) to
force/iolence or other means which
itiate free will
". H&9/ /91)/2./ o!tained in
iolation of these rights rejected
1. R/;:$/ to !e a witness
2. 2-0 H&9/ &23 PR/#:)1./ result to
him !y such refusal
3. 0/$01;3 in his own !ehalf su!ject to
cross<e7amination
". R/;:$/ a specific 4uestion which
tends to incriminate him for other crime
2 types of immunity
:$/ 1,,:2103 0R&2$&.01-2&' 1,,:2103
?itnessD compelled testimony 8 fruits +
!e used in su!se4uent prosecution of a
crime against him
?itness immune from prosecution of a
crime to which his compelled testimony
relates
?itness can still !e prosecuted !ut the
compelled testimony cannot !e used
against him
?itness + !e prosecuted at all
/ffect of refusal of accused to testify
GR% $ilence should 2-0 prejudice the accused
/+.% :nfaora!le inference is drawn when%
o Prosecution has already esta!lished a prima facie case* the & must
present proof to oerturn
o )efense of & is an ali!i 8 he does not testify the interference is that the
ali!i is not !eliea!le
3. CON$RONT AND CROSS E2AMINE ITNESSES A&AINST %IM AT TRIAL
AI!A"LE
o Had the opportunity to ./ a witness !ut failed to aail himself of it 6
forfeits the right to ./ and testimony gien on direct e7amination will !e
allowed to remain in record
o 1n .R proceeding defendant enjoys the right to hae compulsory
process to secure the attendance of witness and production of eidence
on his !ehalf
.onfrontation act of setting a witness ;0; with the accused so that the latter
may may ma=e any o!jection he has to the witness and the witness may
identify the & and this must ta=e place in the presence of the court haing
jurisdiction to permit the priilege of cross<e7amination
Purpose% secure opportunity of ./
2
nd
purpose% ena!le the judge to o!sere the demeanor of witness
/+.% either party may utiliIe as part of its eidence the testimony of a witness
who is deceased* out of country* w/ due diligience cannot !e found in PH*
unaaila!le* otherwise una!le to testify* gien in another c ase or proceeding*
judicial or administratie* inoling the same parties and su!ject matter*
&)9/R$/ P&R03 6 ,&3 .R-$$</+&,12/
4. COMPULSOR0 PROCESS
AI!A"LE
Right to hae a su!poena or $)0 issued in his !ehalf in order to compel the
attendance of witness and production of other eidence
1f a ? refuse to testify when re4uired 6 contemptE order a witness to gie !ail or
!e arrested
Purpose% assure full and unimpeded opportunity for him to meet what in the
end could !e a !aseless suit or accustaiton
Process%
1. $u!poena
#. $)0
.. ?-&
1. .ontempt
5. Perpetuation of testimony
3. ,odes of discoery
5. SPEED06 IMPARTIAL AND PU"LIC TRIAL
NONAI!A"LE
2o iolation% delay imputa!le to accused
Purpose% aoid oppression and preent delay
;acts considered if iolation%
1. .onduct of parties
2. 'ength of delay
3. Reason
". &Ds assertion or non<assertion of right
>. Prejudice to &
Remedies%
1. ,0) iolation of right
2. ?H. illegal restraint
3. Relief in madamus compel dismissal of information
/ffect of dismissal for iolation of &Ds right to $0
o )ismissal 6 ac4uittal
o &ny attempt to prosecute for same offense 6 )#
$P//)3 0R1&' &.0 -; 1HHJ @R& J"H3A
)uty of the court after arraignment of &
o .ourt shall order a pre<trial conference to consider the ff%
1. Plea !argaining
2. $tipulation of facts
3. ,ar=ing for identification of eidence of parties
". ?aier of o!jections to admissi!ility of eidence
>. -ther matter to promote a fair and e7peditious trial
o 0ime limit for trial of criminal cases
o GR% 2-0 e7ceed 1JK days from 1
st
day of trial
o /+.%
1. $ummary procedure
2. 2-0 e7ceed L months or fine of 1= or !oth
3. authoriIed !y .# of $.
o )-/$ 2-0 preclude justifia!le postponements and delays
when so warranted
o Period for arraignment of & within 3K days from filing of info* or from the
date & appealed @whicheer date last occursA
o ?hen shall trial commence after arraignment within 3K days from
arraignment
1mpartial trial )P re4uires a hearing !efore an impartial and disinterested
itri!unal 6 cold neutrality of impartial judge
Pu!lic trial held openly or pu!licly
o $ufficient% family and friends who want to watch proceedings are
gien opportunity to witness proceedings
o /7clusion of pu!lic%
/idence is offensie to decency or pu!lic morals
,otion of &
Rule on trial !y pu!licity 2-0 incompati!le to free press.
o Perasie pu!licity is 2-0 per se prejudicial to the right to fair trial.
o 0o warrant a finding of prejudicial pu!licity%
&llegations and proof that judges hae !een unduly
influenced
+ simply !arrage of pu!licity
7. APPEAL IN ALL CASES ALLOED "0 LA AND MANNER PRESCRI"ED "0
LA
AI!A"LE
R0& from a judgment of coniction statutory right
o ,ay !e denied !y legislature as long as hearing is conducted @/+.%
appellate jurisdiction of $. + remoedA
o 1f there is a statutory grant of appeal% denial 6 iolation
?aier of right to appeal personal to accusedE waied e7pressly or impliedly
o H?9R% )eath penalty is imposed right .&22-0 !e waied as the
reiew of the judgment !y $. is automatic and madntory
o ,andatory reiew of cases @death penaltyA pass through an initial reiew
!y .&
113 A++aig,8e,t a,d 9(ea