Rule 115 - Rights of Accused at the Trial

Question 1

Is the presumption of innocence a conclusive presumption?

Answer 1

No. In People V. Sequerra, it was held that presumption of innocence is not a conclusive presumption, but just an intial protection.

Once the armorof the presumption is pierced, it is for theaccused to take the offense and ward off the attack.

Question 2

What is Equipoise Rule?

Answer 2

In People v. Benemerito, Equipoise Rule provides that when the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused.

Question 3

What are the rights of the accused during trial?

Answer 3

1. To be presumed innocent until thecontrary is proved beyond reasonable doubt.

2.To be informed of the nature and cause ofthe accusation against him.

3. To be present and defend in person and by counsel at everystage of the proceedings, from arraignment to promulgation ofthe judgment
4. To testify as a witness in his own behalf but subject tocross-examination on matters covered by directexamination
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses againsthim at the trial
7. To have compulsory process issues to secure attendance of witness and production of evidence in his behalf.
8. To have speedy, impratial, public trial

Question 4

Is it required that every element of the crime charged must be alleged in the information?

Answer 4

Yes. In the case of People v. Calayca, it is the fundamental rule that every element of the crime charged must be alleged in the Information since an accused is presumed to have NO INDEPENDENT KNOWLEDGE of the facts that constitute the offense.

Question 6

WHAT IS INCLUDED IN THE RIGHT TO BE HEARD?

Answer 6

the right to be heard by counsel. In People v. Bermas, it was said that it is not enough to let him know that he has right to have an attorney but it is essential that the court should assign one de oficio for him if he so desires and HE IS POOR or grant him a reasonable time to procure anattorney of his own.

Question 7

CAN AN ACCUSED WAIVE HIS PRESENCE DURING THE TRIAL?

Answer 7

Yes, the AQUINO RULE provides that an accused may waive his presence at the trial ofthe case [but] his presence may be compelled when he is to be identified.

Question 8

CAN THE RIGHT TO REMAIN SILENT BE WAIVED?

Answer 8

Yes. In People vs. Continente, it was indicated that the waiver must be in writing and in the presence of counsel. If the waiver complies with the constitutional requirements, then the extrajudicial confession will be tested for voluntariness.

Question 9

What are the rights of the accused before the case is filed in court?

Answer 9

1.
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Question 10

What are the rights of the accused before the case is filed in court?

Answer 10

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Question 11

What is the right against self incrimination?

Answer 11

In People v. Gallarde, right against self incrimination is defined as the giving of evidence against himself through a testimonial act.

Only applies to testimonies, and not mechanical acts such as physical examinations etc.

Question 12

is the requirement of hand writing specimen a violation of right against self incrimination?

Answer 12

Yes. As held in Beltran vs. Samson, the prohibition against compelling a man to be a witness against himself extends to any attempt to compel the accusedto furnish a specimen of his handwriting for Writing is something more than moving the body, or the hand, or the fingers; writing is not a purely mechanical act because it requires the application of intelligence and attention.

Question 13

WHAT happens IF THE AFFIANT FAILS to testify on his/her affidavit?

Answer 13

It is INADMISSIBLE since it is a hearsay and has weak probative value, unlessthe affiant is placed on the witness stand to testify on it (People v. Crispin)

Question 14

MAY an accused COMPEL the ATTENDANCE of A WITNESS?

Answer 14

Yes, an accused can request the court to issue a subpoena to require a witness to attend and testify at trial. If a witness refuses to comply, the court may issue a warrant to compel their attendance.

Question 15

What is the purpose of the right to SIP (Speedy, impartial, Public Trial?

Answer 15

to prevent the oppression of the accused by delaying criminal prosecution for an indefinite period of time. (Canson v. Garchitorena)

Question 16

Is Right to Speedy, impartial, Public Trial same with the right to SPEEDY DISPOSITION OF CASES?

Answer 16

No. In BINAY v. SB, it was emphasized that right to “a speedy disposition of cases” is not ONLY limited to the accused in criminal proceedings but extends to all parties in all cases, including civil & administrative cases, including judicial and quasi-judicial hearings

Question 17

WHEN IS THE RIGHT TO SPEEDY TRIAL VIOLATED?

Answer 17

only when proceedings is attended by (VCO) vexatious, capricious, and oppressive delays; or when unjustified postponements of the trial are asked for and secured, or when without cause or justifiable motive (Binay v. SB)

Question 18

WHAT IS A MOTION NOLLE PROSEQUI?

Answer 18

It is a remedy available if the accused is not brought to trial within the prescribed period and is DEPRIVED of his right to a speedy trial or disposition of case on account ofunreasonable prosecution.