Rights of the Accused:

Criminal due process

Sec.14(1) no person shall be held to answer for a criminal offense without due process of law.

 Restricted to criminal cases only

 Purely to their procedural requirements.

Ingredient of criminal due process:

1. Must be heard in a court of competent jurisdiction
2. He is proceeded under the orderly procedure prescribe by law.
3. Given notice
4. Given the opportunity to heard (not actually be heard)

Judicial affidavit Rule, the judge may employ leading questions, however, cannot be exercised arbitrarily.

Requirement:
1. The accused be tried by an impartial and disinterested court in accordance with the procedure prescribed by law.
Cases: Penalty > 6 yrs RTC
Penalty <= 6 yrs. MTC
2. Proper observance of all the rights accorded to the accused under the constitution and statutes.
a. Right to preliminary investigation
i. It is purely statutory (not in the bill of rights)
ii. Can be waive thru a valid waiver
iii. Denying such right would deprive someone from the right to due process.
1. Evidence is insufficient
2. No probable cause
3. Partial court

Presumption of innocence:
Sec14(a) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved.

 Accusation is not synonymous with guilt.

 Unless there is no reasonable doubt.

 It is the responsibility of the prosecution to establish the defendant’s guilt beyond reasonable doubt; otherwise he is
entitled to acquittal. Conviction will depend not on the weakness of his defense but on the strength of the prosecution.

 Every circumstance favouring the constitutional presumption of innocence of the accused.

 Its better to acquit the guilty than convict the innocent:

- He may really be guilty but if the evidence is not enough to warrant the conviction better free the accused.

DUMLAO VS COMELEC:
Until the prosecution proved that the accused is guilty beyond reasonable doubt.

Prima facie – no evidence presented

Presumption of regularity and presumption of innocence

 In the performance of official duty cannot by itself affect the constitutional presumption of innocence enjoyed by
an accused, when the prosecution’s evidence is weak.
  The law requires only moral certainty not absolute certainty.
 The accused may be convicted by circumstantial evidence. (People vs bato.)

EQUIPOISE RULE: Where the evidence adduced by the parties are evenly balanced, the constitutional presumption of
innocence should tilt the balance in favour of the accused (Corpus v. People, 194 SCRA 73).

Presumption of Innocence can be invoke only by a natural person.

Right to be heard of himself and of a counsel:

And shall enjoy the right to be heard by himself and counsel…

- That a person must be heard before being condemned.

- Even before the court declares whether the accused is guilty or not, he must be heard.
- It is more than just a presence of a lawyer in a court room.
- The right of the accused to counsel during a criminal proceeding is not subject to a waiver. (people vs pulgado)
o It is essential that the court should assign a counsel de officio for him if he so desires.
o In criminal cases there can be no fair hearing unless the accused be given an opportunity to be heard by
counsel.

The trial court is presumed that the court afforded to the accused with his right to counsel.

The right to counsel begins from the time a person is taken into custody and placed under investigation for the commission
of a crime.

Right to be informed of the nature and cause of the accusation:

Right to be informed of the nature and cause of the accusation against him…

 So he can adequately prepare for his defense.

 The charge is communicated to the accused during arraignment, which is an indispensable part of the proceeding
against him.

People vs crisologo (accused deaf mute convicted by the lower court but reversed by the sc because no one knows how
to communicate of the accused or there is an absence of a qualified interpreter in sign language) no evidence presented
that the proceedings were communicated with the accused.

The deaf mute were not aided with the sign language expert.

In order for the right not to be violated, A complaint or information is sufficient if it states:
(a) The name of the accused;
(b) The designation of the offense given by the statute;
(c) The acts or omissions complained of as constituting the offense;
(d) The name of the offended party;
(e) The approximate date of the commission of the offense; and
(f) The place wherein the offense was committed.

Time is not material.

The law is void because of the vagueness of the law.
Demurrer to evidence.
Right of speedy trial.

To have a speedy, impartial and public trial…

Impartial

 The cold neutrality of an impartial judge.

 The judge must not only be impartial but must also appear to be impartial.
 Impartial trial must come from an impartial judge.
 Degree of objectivity on the part of the judge
 Not biased and should not prejudged the accused (appearance and criminal records)


Public Trial
 Is necessary to prevent abuses that may be committed by the court to the prejudice of the defendant.
 The people have the right to attend the proceedings:
o Their interest
o Whether or not the constitutional safeguards for the benefit of the accused are being observed.
 The rule is not absolute:
o The court will bar public in certain cases:
 Rape trial.

Speedy Trial

 One free from vexatious, capricious and oppressive delays.

 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
 Unjustified postponements of the trial, the accused is entitled to a relief by a proceeding in mandamus to compel
a dismissal of the information or by habeas corpus, to obtain his freedom.
 Exemption (waived):
o The accused repeated failure to attend the hearings waived his right to trial.
o

As long as the delay is reasonable it will not violate these right. (Capricious and oppressive delays is violative)

SPEEDY TRIAL ACT

RA 8493 provides: a 30-day arraignment within the filing of the information or from the date the accused appeared before
the court; trial shall commence 30 days from the arraignment, as fixed by the court. The entire trial period shall not exceed
180 days, except as otherwise authorized by the SC Chief Justice.

STAGES OF CRIMINAL PROSECUTION.

1. Arraignment.
a. Reading of the information
b. Acceptance (guilty or not guilty)
2. Pre trial proceedings
3. The trial proper.
4. Promulgation

The right to meet the witnesses face to face:

The right to cross examine the complainant and his/her witnesses.

There must be an opportunity to cross examine the witness.

The right to compulsory process:

Compelled to come and attend the hearing, otherwise you will be contempt of court.

2 kinds of sobphoena:
1. Sophoena ad jitificandum - Directed to a person to testify in a case.
2. Suphoena duces tecum – requiring a person to bring certain documents that is relevant to the case.

Trial Absentia:

The purpose is to speed up

As long as the accuse is duly arraign the trial may proceed even without the accused or absence of the accused.

Mandatory

The accused should notify the court of the change of address.

- So that the sending of notice will address to the accused properly.
- To prevent trial in absentia

Right against Self-Incrimination

Sec.17. no person shall be compelled to be a witness against himself.

Roots:
1. Humanitarian because it is intended to prevent the state with its coercive powers, from extracting from suspect
testimony that may convict him.
2. Practical because a person subjected into a compulsion would perjure himself for his own protection.

Scope:
1. Available in criminal prosecution, government proceedings, civil actions, administrative and legislative
investigations.
2. May be claimed by the accused and any witness to whom an incriminating question is addressed.

When invoke:
 As long as the question will tend to incriminate, the witness is entitled to invoke the privilege.
 The accused is not compelled to take the witness stand, he can refuse to testify.
 Maybe invoke by a respondent of an investigation.

When cannot invoke:

1. Question relates to past criminality for which the witness can no longer be prosecuted.
2. Where the crime was already prescribed, the accused already acquitted or convicted.
3. The accused was previously granted immunity under a validly enacted statute.

Applicability:
1. Testimonial compulsion only.
2. Physical or moral compulsion.
3. Compulsion for production of documents, papers and chattels that may be used as evidence against the witness.
4. To compel the accused to furnish a specimen of his handwriting in connection with his prosecution for falsification.
(requires the application of intelligence)
Exemption:
1. A person may compelled to submit himself to a physical examination of his body to determine his involvement in
an offense of which he is accused.

When available?
1. May be invoked only when an incriminating question is asked.
2. The rule intends to avoid and prohibit the inhuman procedure of compelling a person to produce missing evidence
necessary for his conviction.

Waiver (right against self-incrimation)

 Directly
 By failure to invoke
o Provided the waiver is certain and unequivocal and intelligently, understandingly and willingly made.
o Subpoena under duces tecum voluntarily surrenders an incriminating paper which is put in evidence
against him.
o The accused takes the witness stand for direct examination (would open him for cross examination)

Custodial investigation:
Sec.12
1. Any person under investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this section or section 17 hereof shall be inadmissible in
evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.

Meaning:

 Any questioning initiated by law enforcement officers after a person has been taken in custody.
 A person is deprived of his freedom of action in any significant way.
 R.A. 7438 include the practice of issuing an invitation to a person who is investigated in connection with an offense
he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law.

Extrajudicial confession when admissible:

1. Voluntary
2. With assistance of counsel
3. In writing
4. Express

Procedural safeguards to be followed before a custodial investigation:

1. The person must be warned:
a. That he has a right to remain silent.
b. That any statement he does make may be used as evidence against him.
c. That he has a right to the presence of an attorney, either retained or appointed.
2. The defendant may waive his rights:
a. The waiver is made voluntarily, knowingly and intelligently.
 3. There can be no questioning if the defendant wishes in any manner and in any stage of the process to consult with
an attorney before speaking.
4. If the individual does not wish to be interrogated, the police may not question him.
5. The fact that he already answered some questions voluntarily does not deprived him of the right to refrain from
answering any further inquiries.

Situations such right may be invoked:

1. Those held in secret detentions.
2. There is maltreatment during custodial investigation.
3. Lack of education
4. Torture
5. Below the age of majority
6. Insanity
7. Without a counsel

RA 7309 allowed the victims of unjust imprisonment, arbitrary detention or illegal detention or of violent crimes to file a
claim for damages with the board of claims under the doj.

Bail
Sec13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong,
shall before conviction, be bailable by sufficient sureties, or be leased on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive shall not
be required.