Rights of the Accused

Question 1

legal basis of rights of the accused

Answer 1

No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed 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.

Question 2

summarize the rights on article 14

Answer 2

Right to:

1. due process of law
2. presumed innocent until proven guilty
3. heard by himself and by counsel
4. informed of the nature & cause of accusation against him
5. speedy, impartial, and public trial
6. compulsory processes

Question 3

> speedy trial > rights against inordinate delay

how to determine delay

Answer 3

**Speedy Trial Act RA)

1. fixed-time period rule - crim case not resolved w/in prescribed period
2. demand-waiver rule - under which the defendant is considered to have waived any consideration of his right to a speedy trial for any period prior to which he has not demanded trial
3. balancing test - both prosecution & defendant are weighed to determine inordinate delay