Professional Documents
Culture Documents
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Right of the Accused - MAD
Plea of guilt to a capital offense military tribunal shall be prima facie evidence of such fact”, was
The Court enumerated the stringent constitutional standards impelled declared unconstitutional for being violative of the presumption of
by the due process clause whenever the accused pleads guilty to a innocence clause.
capital offense: In Marquez v. Comelec, the Court upheld the disqualification of a
1. The trial court must conduct a searching inquiry into the candidate on the grounds that he is a fugitive from justice. The court
voluntariness of the plea and the full comprehension of the here said that fugitive applies to those who was not yet convicted but
consequences thereof was running away from trial. This did not violate the presumption of
2. The prosecution shall be required to present evidence to prove innocence as disqualification is not a penalty and that congress is
the guilt of the accused and the precise degree of his culpability allowed to prescribe reasonable qualifications for local candidates.
3. The accused must be asked if he desires to present evidence on The presumption of innocence was held not to have been overcome by
his behalf and allow him to do so if he so desires. prosecution evidence where the victim had difficulty in identifying the
The Supreme Court said that the procedure is mandatory, and a judge accused not only during the hospital confrontation but also in open
who fails to observe with fealty the said rule commits grave abuse of court [People v. Alcantara, 240 SCRA 122];
discretion. The Court has cautioned trial judges to proceed with or where the prosecution failed to present the alleged poseur-buyer,
meticulous care whenever the imposable penalty for the crime charged because without the testimony of the latter, there is no convincing
is death. evidence that the accused was a marijuana peddler and not merely a
victim of instigation [People v. Tapeda, 244 SCRA 339];
The State and the offended party are entitled to due process or where the testimony of the prosecution witnesses is marred by
inconsistencies.
Is right to appeal a part of due process? The constitutional presumption will not apply as long as there is some
The right to appeal is not a natural right or part of due process. It is a logical connection between the fact proved and the ultimate fact
mere statutory right, but once given, denial constitutes violation of due presumed, and the inference of one fact from proof of another shall not
process be so unreasonable as to be a purely arbitrary mandate.
What is the Equipoise Rule? “preference in the choice of counsel” pertains more aptly and
In Corpuz v. People, under the equipoise rule, when the evidence of specifically to a person under custodial investigation rather than one
both sides are equally balanced, the constitutional presumption of who is accused in criminal prosecution. And even if the application of
innocence should tilt the scales in favor of the accused. the concept were to be extended to an accused in a criminal
prosecution, such preferential discretion cannot partake of discretion
Who can invoke presumption of innocence? so absolute and arbitrary as would make the choice of counsel refer
In Feeder International Line v. Court of Appeals, the right to exclusively to the predilection of the accused. Thus, there is no denial of
presumption of innocence can be invoked only by an individual accused the right to counsel where the counsel de oficio was appointed during
of a criminal offense; a corporate entity has no personality to invoke the absence of the accused’s counsel de parte pursuant to the court’s
the same. desire to finish the case as early as possible under the continuous trial
system.
Right to be heard bv himself and counsel
Rule on mistake of accused’s lawyer
Does this right pertain to mere presence of a lawyer in the courtroom? The long standing rule is that a client is bound by the mistakes of his
No. The accused must be amply accorded legal assistance extended by a lawyer [Andrada v. People, G.R. No. 135222, March 4, 2005], except
counsel who commits himself to the cause of the defense and acts when the negligence or incompetence of counsel is deemed so gross as
accordingly; an efficient and truly decisive legal assistance, and not to have prejudiced the constitutional right of the accused to be heard.
simply a perfunctory representation.
Right to be informed of the nature and cause of the accusation against
The right to counsel during the trial is not subject to waiver him
In People v. Holgado, “even the most intelligent or educated man may
have no skill in the science of law, particularly in the rules of procedure, What is the rationale for this right? ( D A S )
and without counsel, he may be convicted not because he is guilty but 1. To furnish the accused with such a description of the charge against
because he does not know how to establish his innocence” him as will enable him to make his defense
In People v. Agbayani, the failure of the record to disclose 2. To avail himself of his conviction or acquittal for protection against
affirmatively that the trial court advised the accused of his right to further prosecution for the same cause
counsel is not sufficient ground to reverse conviction. The trial court 3. To inform the court of the facts alleged so that it may decide whether
must be presumed to have complied with the procedure prescribed by they are sufficient in law to support a conviction, if one should be had.
law for the hearing and trial of cases, and such presumption can be (US v. Karelsen G.R. No. 1376, Jan. 21, 1904)
overcome only by an affirmative showing to the contrary
Settled is the rule that when a judge is informed or discovers that an
Does Right to Counsel under Sec. 14 must be the preferred choice of the accused is apparently in a condition of insanity or imbecility, it is within
accused? his discretion to investigate the matter. If it be found that by reason of
In Amion v. Judge Chiongson, an examination of related provisions in such affliction the accused could not, with the aid of counsel, make a
the Constitution concerning the right to counsel will show that the proper defense, it is the duty of the court to suspend proceedings and
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Right of the Accused - MAD
commit the accused to a proper place of detention until he recovers his But it is not necessary to state in the complaint or information the
faculties. To arraign the accused while he is in a state of insanity will precise time when the offense was committed, except when time is a
violate the right of the accused to be informed of the nature and cause material ingredient of the offense. The act may be alleged to have been
of the accusation against him committed at any time as near to the actual date at which the offense
Also, the conviction of the accused who was a deaf-mute was reversed was committed as the information or complaint will permit.
by the Supreme Court because no one who knew how to communicate
with the accused was utilized by the trial court during the entire What happens if the information fails to allege the material elements of
proceedings. the offense?
The accused cannot be convicted thereof even if the prosecution is able
What would determine the nature and cause of accusation? to present evidence during the trial with respect to such elements.
In Soriano v. Sandiganbayan and Pecho v. People, description, not
designation of the offense, are controlling. The real nature of the crime Void for Vagueness Rule
charged is determined from the recital of facts in the information. It is The accused is also denied the right to be informed of the charge
neither determined based on the caption or preamble thereof nor from against him, and to due process as well, where the statute itself is
the specification of the provision of the law allegedly violated. couched in such indefinite language that it is not possible for men of
ordinary intelligence to determine therefrom what acts or omissions
What are the requisites for properly informing the accused of the nature are punished. In such a case, the law is deemed void.
and cause of accusation? ( A D A – O T - P E )
1. Information must state the name of the accused May the right to be informed of the nature and cause of accusation be
2. Designation given to the offense by statute waived?
3. Statement of the acts or omission so complained of as constituting the No. However, the defense may waive the right to enter a plea and let
offense the court enter a plea of “not guilty”.
4. Name of the offended party The right cannot be waived for reasons of public policy. Hence, it is
5. Approximate time and date of commission of the offense imperative that the complaint or information filed against the accused
6. Place where offense was committed be complete to meet its objectives. As such, an indictment must fully
7. Every element of the offense must be alleged in the complaint or state the elements of the specific offense alleged to have been
information committed. For an accused cannot be convicted of an offense, even if
duly proven, unless it is alleged or necessarily included in the complaint
In People v. Quitlong, the information must set forth the facts and or information
circumstances that have a bearing on the culpability and liability of the o However, it is altogether a different matter if the accused
accused, so that the accused can prepare for and undertake his defense. themselves refuse to be informed of the nature and cause of the
One such fact or circumstance in a complaint against two or more accusation against them. The defense cannot hold hostage the
persons is conspiracy. Where no such allegation is made in the court by such refusal.
information, the court’s finding of conspiracy violates the constitutional
requirement.
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Right of the Accused - MAD
Right to Speedy, Impartial and Public Trial 2. to minimize anxiety and concern of the accused; and
3. to limit the possibility that the defense will be impaired
What is meant by speedy trial?
The term “speedy” means free from vexatious, capricious and oppressive delays. Republic Act No. 8493 [The Speedy Trial Act]
The factors to be considered are: ( T L R A P ) Provides, among others, that the arraignment of an accused shall be
1. Time expired from the filing of information held within 30 days from filing of the information, or from the date the
2. Length of delay accused has appeared before the justice, judge or court in which the
3. Reasons for the delay charge is pending, whichever date last occurs. Thereafter, where a
4. Assertion or non‐assertion of the right by the accused plea of not guilty is entered, the accused shall have at least 15 days to
5. Prejudice caused to the defendant prepare for trial. Trial shall commence within 30 days from
arraignment as fixed by the court. In no case shall the entire trial period
The right to speedy trial is relative subject to reasonable delays and exceed 180 days from the first day of trial, except as otherwise
postponements arising from illness, medical attention, body operations, authorized by the Chief Justice of the Supreme Court.
etc. R. A. 8493 is a means of enforcing the right of the accused to a speedy
Speedy trial means one that can be had as soon after indictment is filed trial. The spirit of the law is that the accused must go on record in the
as the prosecution can, with reasonable diligence, prepare for trial. attitude of demanding a trial or resisting delay. If he does not do this, he
In determining the right of the accused to speedy trial, courts should do must be held, in law, to have waived the privilege
more than a mathematical computation of the number of
postponements of scheduled hearings, of the case. What offends the Arraignment - The formal appearance of an accused person to hear, and to receive
right are unjustified postponements which prolong trial for an a copy of, the charge against him or her, in the presence of a judge, and to then
unreasonable length of time. enter a plea of guilty or not guilty.
In People v. Tee, the concept of speedy trial is necessarily relative
where several factors are weighed such as the length of time of delay, Effects of denial of right to speedy trial
the reason of such delay, and conducts of prosecution and the accused In Conde v. Rivera, where a prosecuting officer, without good cause,
and the prejudice and damaged caused to the accused of such delay. In secures postponements of the trial of a defendant against his protest
the absence of showing that the reason for delay was capricious or beyond a reasonable period of time, as in this instance for more than a
oppressive, the State must not be deprived of reasonable opportunity in year, the accused is entitled to relief by a proceeding in mandamus to
prosecuting the accused. compel a dismissal of the information, or if he be restrained of his
In Flores v. People, technicalities should give way to the realities of liberty, by habeas corpus to obtain his freedom.
the situation. There should not be too much significance attached to If accused raised the defense of denial of speedy trial only on appeal,
the procedural defect. it’s deemed to have been waived.
Remedy of an accused when there’s a violation of right to speedy trial is
The different interests of the defendant which the right to speedy trial are dismissal which is equivalent to acquittal, thus double jeopardy applies
designed to protect are: or habeas corpus if detained.
1. to prevent oppressive pre-trial incarceration
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Right of the Accused - MAD
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Right of the Accused - MAD
Effect of non-appearance
If he really does not want to appear he must unqualifiedly admit that
every time a witness mentions a name by which he is known, the
witness is to be understood as referring to him