BOR_CRIMINAL DUE PROCESS

Question 1

Give the provision on Criminal Due Process.

Answer 1

No person shall be held to answer for a criminal offense without due process of law. (Sec. 14(1), Art. III, 1987 Constitution)

Question 2

What are the requisites of criminal due process (Heard-O-NLaw)

Answer 2

1. Accused is Heard by a court of competent jurisdiction;
2. Accused is proceeded against under the Orderly processes of law;
3. Accused is given Notice and opportunity to be heard; and
4. Judgment must be rendered after Lawful hearing.

Question 3

Is the right to appeal a natural right?

Answer 3

The right to appeal is neither a natural right nor part of due process. It is a mere statutory right, but once given, denial constitutes violation of due process.