Rule 115- Rights of the Accused

Question 1

To be presumed innocent until the contrary is proved __________________.

Answer 1

beyond reasonable doubt.

Question 2

To be informed of the _________________________________ against him.

Answer 2

nature and cause of the accusation

Question 3

To be present and defend _____________________ at every stage of the proceedings, from arraignment to promulgation of the judgment.

Answer 3

in person and by counsel

Question 4

To testify as a _________ in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him.

Answer 4

Witness

Question 5

To be _________from being compelled to be a witness against himself.

Answer 5

exempt

Question 6

To ________ and _________ the witnesses against him at the trial.

Answer 6

confront and cross examine

Question 7

To have ________________ issued to secure the attendance of witnesses and production of other evidence in his behalf.

Answer 7

compulsory process

Question 8

To have ________, ___________ and _________ trial.

Answer 8

speedy, impartial and public

Question 9

To _______ in all cases allowed and in the manner prescribed by law.

Answer 9

appeal

Question 10

When is the accused’s right to be present in his trial deemed waived?

Answer 10

a. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of identification.

b. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat.

c. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained.

Question 11

T or F: Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his right without the assistance of counsel.

Answer 11

True

Question 12

T or F: Either party MAY utilize as part of its evidence the testimony of

a.) a witness who is deceased,
b.) out of or can not with due diligence be found in the Philippines,
c.) unavailable or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the opportunity to cross-examine him.

Answer 12

True