Rights of the Accused

Question 1

What are the rights of the accused on criminal prosecution?

Answer 1

a. to be presumed innocent
b. to be informed of the nature and cause of the accusation against him
c. to be present and defend in person and by counsel
d. to testify as a witness
e. to be exempt from being compelled to be a witness against him
f. to confront and cross-examine the witness against him at the trial
g. to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf
h. to have speedy, impartial and public trial

k to appeal in all cases allowed and in the manner prescribed by the law

Sec. 1, Rule 115, RoC. Rights of accused at trial.

Question 2

Sec. 14, Art. III.

(1) No person shall be held to answer for a criminal offense without _______________

Answer 2

due process of law

(1) No person shall be held to answer for a criminal offense without _______________

Question 3

Sec. 14, Art. III.

(2) In all ________________, the accused shall be presumed _______ until the contrary is proved, and shall enjoy the _____________ by himself and counsel, to be __________ of the ________________of the accusation against him, to have a ____________________ trial, to meet the witnesses _____________, and to have compulsory process to secure the attendance of ____________ and the production of evidence in his behalf. However, after ____________, trial may proceed notwithstanding the _____________________: Provided, that he has been duly __________ and his failure to appear is ______________.

Answer 3

criminal prosecutions;
innocent;
right to be heard;
informed;
nature and cause;
speedy, impartial, and public;
face to face;
witnesses;
arraignment;
absence of the accused;
notified;
unjustifiable

(2) In all ________________, the accused shall be presumed _______ until the contrary is proved, and shall enjoy the _____________ by himself and counsel, to be __________ of the ________________of the accusation against him, to have a ____________________ trial, to meet the witnesses _____________, and to have compulsory process to secure the attendance of ____________ and the production of evidence in his behalf. However, after ____________, trial may proceed notwithstanding the _____________________: Provided, that he has been duly __________ and his failure to appear is ______________.

Question 4

What are the requisites for criminal due process?

Answer 4

a. Accused is heard by a court of competent jurisdiction;
b. Accused is proceeded against under the orderly process of law;
c. Accused is given notice and opportunity to be heard;
d. Judgment rendered is within the authority of a constitutional law

[Mejia v. Pamaran, G.R. No. L56741-42 (1988)].

Question 5

[FIB]

Sec. 13, Art. III. ________, except those charged with offenses punishable by __________ when the evidence of guilt is ______, shall, before conviction, be ________ by sufficient sureties, or be ___________ on recognizance as may be provided by ____. The ________ shall not be impaired even when the privilege of the writ of habeas corpus is _______. Excessive bail shall not be _________.

Answer 5

All persons;
reclusion perpetua;
strong;
bailable;
released;
law;
right to bail;
suspended;
required

Sec. 13, Art. III. ________, except those charged with offenses punishable by __________ when the evidence of guilt is ______, shall, before conviction, be ________ by sufficient sureties, or be ___________ on recognizance as may be provided by ____. The ________ shall not be impaired even when the privilege of the writ of habeas corpus is _______. Excessive bail shall not be _________.

Question 6

What is bail?

Answer 6

Sec. 1, Rule 114, RoC. Bail defined. –

Bail is the security given or the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required.

Question 7

What is the purpose of bail?

Answer 7

To guarantee the appearance of the accused at the trial, or whenever so required by the court.

Question 8

What should be the amount of bail?

Answer 8

The amount should be high enough to assure the presence of the accused when required but no higher than is reasonably calculated to fulfill this purpose.

Question 9

Can the amount of bail be equivalent to the civil liability of which accused is charged?

Answer 9

NO.

To fix bail at an amount equivalent to the civil liability of which petitioner is charged is to permit the impression that the amount paid as bail is an exaction of the civil liability that accused is charged of; this we cannot allow because bail is not intended as a punishment, nor as a satisfaction of civil liability which should necessarily await the judgment of the appellate court

[Yap v. CA, G.R. No. 141529 (2001)].

Question 10

What is the basis of the right to bail?

Answer 10

Presumption of innocence

Question 11

Who are generally allowed to avail for bail?

Answer 11

All persons under custody of the law

Question 12

Who cannot avail of bail?

Answer 12

a. Those charged with capital offense when evidence of guilt is strong
Since the evidence (rebellion) in this case is hearsay, the evidence of guilt is not strong, bail is allowed [Enrile v. Perez, G.R. No. 147780 (2001)].

b. Military men Military men who participated in failed coup d’état because of their threat to national security [Comendador v. De Villa, G.R. No. 93177 (1991)].

Question 13

When is the right to bail available?

Answer 13

General rule: From the very moment of arrest (which may be before or after the filing of formal charges in court) up to the time of conviction by final judgment (which means after appeal).

Question 14

Is arraignment essential to the approval of the bail bond?

Answer 14

NO.

Arraignment of the accused is not essential to the approval of the bail bond. When bail is authorized, it should be granted before arraignment. Otherwise the accused may be precluded from filing a motion to quash. Also, the court will be assured of the presence of the accused at the arraignment precisely by grating bail and ordering his presence at any stage of the proceeding

[Lavides v. CA, G.R. No. 129670 (2000)].

Question 15

Sec. 18, Rule 114. Notice of application to the prosecutor. –

In the application for ____ under Section 8 of this Rule, the court must give ____________ of the ______ to the ________ or require him to submit his _____________.

Answer 15

bail;
reasonable notice;
hearing;
prosecutor;
recommendation;

In the application for ____ under Section 8 of this Rule, the court must give ____________ of the ______ to the ________ or require him to submit his _____________.

Question 16

What are the exceptions to the requirement of notice of application of bail to the prosecutor?

Answer 16

a. When charged with an offense punishable by reclusion perpetua.
b. The right to bail is not available to the military, as an exception to the bill of rights

[Aswat v. Brigadier-General Galido, G.R. No. 88555 (1991)].

Question 17

When is bail a matter of right?

Answer 17

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 released 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 bail shall not be required.

Question 18

When is bail a matter of discretion?

Answer 18

1. in case of the evidence of guilt is strong

2. in extradition proceedings

Question 19

In cases where bail is a matter of discretion, the court’s discretion to grant bail must be exercised in the light of what?

Answer 19

the court’s discretion to grant bail must be exercised in the light of a summary of the evidence presented by the prosecution.

People v. San Diego [G.R. No. L-29676 (1966)]

Question 20

Why are extradition proceedings has bail as a matter of discretion?

Answer 20

Extradition courts do not render judgments of conviction or acquittal so it does not matter WON the crimes the accused is being extradited for is punishable by reclusion perpetua [US Government v. Judge Puruganan and Mark Jimenez, G.R. No. 148571 (2002)].

While our extradition law does not provide for the grant of bail to an extraditee, however, there is no provision prohibiting him or her from filing a motion for bail, a right to due process under the Constitution. [Government of Hong Kong SAR v. Olalia (2007)]

Question 21

What are factors to be determined in fixing the amount of bail?

Answer 21

Sec. 9, Rule 114. Amount of bail; guidelines.

a. Financial ability of the accused to give bail;
b. Nature and circumstance of the offense;
c. Penalty for the offense charged;
d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the accused;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that the accused was a fugitive from justice when arrested; and
j. Pendency of other cases where the accused is on bail.

Question 22

What are the duties of a trial judge in case an application for bail is filed?

Answer 22

[Cortes v. Cabal (1997)]:

a. In all cases, whether bail is a matter of right or of discretion, notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation (Section 18, Rule 114 as amended);
b. Where bail is a matter of discretion, conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound discretion; (Section 7 and 8)
c. Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution;
d. If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond (Section 19) Otherwise petition should be denied.

Question 23

Can the accused present evidence before the prosecution?

Answer 23

NO.

The accused cannot present evidence before the prosecution does so, even if the accused pleads guilty. It violates the presumption of innocence

[Alejandro v. Pepito, gr L-52090 (1980)].

Question 24

Can the presumption of regularity in official duties by itself prevail over the presumption of innocence od the accused?

Answer 24

NO.

The presumption of regularity (in official duties) cannot by itself prevail over the presumption of innocence of the accused. But where it is not the sole basis for conviction, the presumption of regularity of performance of official functions may prevail over the constitutional presumption of innocence [People v. Acuram, G.R. No. 117954 (2000); People v. Abenes, G.R. No. 210878 (2016)].

Question 25

What is the equipoise rule?

Answer 25

Where the evidence adduced by the parties is evenly balanced, the constitutional presumption of innocence should tilt the balance in favor of the accused [Corpuz v. People G.R. No. 180016 (1991)].

Question 26

What are the requisites for circumstantial evidence to warrant conviction?

Answer 26

a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to produce conviction beyond reasonable doubt.

[People v. Bato, G.R. No. 113804 (1998)].

Question 27

Sec. 14 (2), Art. III.

In all _______________, the accused shall be ______________ until the contrary is proved, and shall enjoy the ________________ by himself and counsel, ______________ of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment,
trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Answer 27

criminal prosecutions;
presumed innocent;
right to be heard;
to be informed;

Question 28

Sec. 12, Art. III.

Any person under __________ for the commission of an ________ shall have the
______________ of his right to remain silent and to have _____________________ counsel preferably of his __________. If the person cannot afford the services of counsel, he must be _________ with one. These rights ______________ except in _______ and in the presence of _________.

Answer 28

investigation;
offense;
right to be informed;
competent and independent;
own choice;
provided;
cannot be waived;
writing;
counsel

Question 29

Sec. 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested, detained or under custodial investigation shall at ___ times be assisted by ________.

Answer 29

all;

counsel

Question 30

What are the elements of the Right to Counsel?

Answer 30

a. Court’s duty to inform the accused of right to counsel before being arraigned;
b. It must ask him if he desires the services of counsel;
c. If he does, and is unable to get one, the Court must give him one; if the accused wishes to procure private counsel, the Court must give him time to obtain one.
d. Where no lawyer is available, the Court may appoint any person resident of the province and of good repute for probity and ability.

Question 31

Sec. 16, Art. III.

All persons shall have the right to a _______________ of their cases before all ______________________ bodies.

Answer 31

speedy disposition;

judicial, quasi-judicial, or administrative;

Question 32

Sec. 14, Art. III.

______________ is, at all times, supreme over the military. xxx

Answer 32

Civilian authority

Question 33

Sec. 17, R.A. 8493. Act not a bar to provision on speedy trial in the Constitution. –

No provision of law on ___________and no rule implementing the same shall be interpreted as a bar to any _____________ of the right to speedy trial guaranteed by Section 14(2), Article III, of the 1987 Constitution

Answer 33

speedy trial;

charge of denial;

Question 34

Can a civilian be tried by a military court while civilian courts are open ?

Answer 34

NO.

A civilian cannot be tried by a military court so long as the civil courts are open and operating, even during Martial Law [Olaguer v. Military Commission, G.R. No. L-54558 (1987)].

Question 35

Does dismissal based on the denial of right to a speedy trial amount to an acquittal?

Answer 35

YES.

Dismissal based on the denial of the right to speedy trial amounts to an acquittal [Acebedo v. Sarmiento, G.R. No. L-28025 (1970)].

Question 36

When shall trial commence as provided in RA 8493?

Answer 36

Trial shall commence 30 days from the arraignment

Question 37

What is the maximum trial period provided in RA 8433?

Answer 37

The entire trial perion shall not exceed 180 days, except as otherwise authorized by the SC Chief Justice.

Question 38

When is the right to a speedy, and impartial trial available?

Answer 38

a. When proceeding is attended by vexatious, capricious and oppressive delays
b. When unjustified postponements of the trial are asked for and secured
c. When without cause or justifiable motive, a long period of time is allowed to elapse without the party having his case tried.

[Dela Rosa v. CA, G.R. No. 116945 (1996); Tai Lim v. Court of Appeals, G.R. No. 131483 (1999)]

Question 39

What are the factors considered in determining unreasonable delay of trial?

Answer 39

a. Length of delay
b. Reason for delay
c. Assertion/failure to assert right by the accused N.B. Failure to assert means waiver of privilege.
d. Prejudice caused by the delay

[Roquero v. The Chancellor of U.P. Manila, G.R. No. 181851 (2010)]

Question 40

When is the right to speedy trial not available?

Answer 40

The right to speedy trial cannot be invoked where to sustain the same would result in a clear denial of due process to the prosecution

[Uy v. Hon. Adriano, supra].

Question 41

What is the rationale of the right to speedy trial?

Answer 41

a. To prevent oppressive pre-trail incarceration,
b. To minimize anxiety and concern of the accused,
c. To limit the possibility that the defense will be impaired.

Question 42

What is the basis of the right to cross-examination?

Answer 42

The right to confrontation

Question 43

What is the purpose of the Right to Confrontation (two-fold)?

Answer 43

a. To afford the accused an opportunity to test the testimony of witnesses by cross-examination
b. To allow the judge to observe the deportment of witnesses

[Go, et al. v. The People of the Philippines and Highdone Company, Ltd., G.R. No. 185527 (2012)]

Question 44

What are inadmissable due to lack of right to confrontation?

Answer 44

a. Testimony of a witness who has not submitted himself to cross examination
b. Affidavits of witnesses who are not presented during the trial, hence not subjected to cross examination are hearsay

[Cariago v. CA, G.R. No. 143561 (2001)]

Question 45

Can the right to cross-examine be waived?

Answer 45

YES.

The right is a personal one and may be waived expressly or impliedly

[People v. Escote Jr., G.R. No. 140756 (2003)].

Question 46

Does the right to cross examine necessitate an actual cross-examination?

Answer 46

NO.

The right merely requires an opportunity to exercise the right to cross-examine if desired. What is proscribed by statutory norm and jurisprudential precept is the absence of the opportunity to cross-examine. The right is a personal one and may be waived expressly or impliedly

[People v. Escote Jr., G.R. No. 140756 (2003)].

Question 47

Does failure to assert the right to cross examine amount to a renunciation thereof?

Answer 47

YES.

The task of recalling a witness for cross examination is, in law, imposed on the party who wishes to exercise said right. This is so because the right, being personal and waivable, the intention to utilize it must be expressed. Silence or failure to assert it on time amounts to a renunciation thereof. Thus, it should be the counsel for the opposing party who should move to cross-examine plaintiffs witnesses [Fulgado v. CA, G.R. No. L-61570 (1990)].

Question 48

What is the rule on Examination of a Child Witness?

Answer 48

[AM No. 004-07-SC]

The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child.

Question 49

What are the rights under the compulsory process?

Answer 49

a. Right to Secure Attendance of Witness

b. Right to Production of Other Evidence

Question 50

What is a subpoena?

Answer 50

Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines, or for the taking of his deposition

[Caamic v. Galapon, A.M. No. MTJ-93-887].

Question 51

What is a subpoena ducestecum?

Answer 51

A subpoena duces tecum, or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. The summons is known by various names in different jurisdictions.

Question 52

What are the requisites thea must be satisfied in court so that a subpoena ducestecum may issue?

Answer 52

a. The books, documents or other things requested must appear prima facie relevant to the issue subject of the controversy (test of relevancy), and
b. Such books must be reasonably described by the parties to be readily identified (test of definiteness)

[Roco v. Contreras, G.R. No. 158275 (2005)]

Question 53

What are the requisites foe a Trial in Absentia be done?

Answer 53

a. Accused failed to appear for trial despite postponement and notice
b. Failure to appear is unjustified
c. After arraignment

Question 54

What are the consequence of a trial in absentia?

Answer 54

A Trial in Absentia is a waiver of right to cross-examine and present evidence

[Gimenez v. Nazareno G.R. No. L-37933 (1988)]

Question 55

When is the presence of the accused considered a duty?

Answer 55

a. Arraignment and Plea
b. During Trial, for identification
c. Promulgation of Sentence

Exception: Light offense where accused need not personally appear.

Question 56

Can the trial of a capital offense proceed in the absence of the accused?

Answer 56

YES.

Considering Art IV, Sec 19, 1973 Constitution (trial of a capital offense may proceed even in the absence of the accused)and the absence of any law specifically requiring his presence at all stages of his trial, there appears, no logical reason why petitioner, although he is charged with a capital offense, should be precluded from waiving his right to be present in the proceedings for the perpetuation of testimony, since this right was conferred upon him for his protection and benefit

[Aquino v. Military Commission, G.R. No. L37364 (1975)].

Question 57

What is an oral deposition?

Answer 57

An oral deposition occurs when a party to the litigation sits down with the deponent (person being deposed), whether the opposing party or a witness, and asks the deponent questions

Question 58

Does the Cout allow the taking of oral depositions?

Answer 58

The Court only allows the taking of oral depositions under extraordinary circumstances in order to prevent a failure of justice. This is best left at the sound discretion of the court wherein the application was filed

[Jaylo v. Sandiganbayan, G.R. No. 111305 (2001)].