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    Rights During Trial Qa

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    adonis.orilla
    The document outlines the rights of the accused under Sections 14, 16, 17 of Article III of the Philippine Constitution during trial. It discusses the right to be presumed innocent, the right to be heard by counsel, the right to be informed of the nature of accusations, the right to a speedy and public trial, the right to confront witnesses, and the right against self-incrimination. It also asks questions about specific rights like the right to counsel and questions regarding trial procedures and exceptions to certain rights.

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    Rights During Trial Qa

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    adonis.orilla
    305 views7 pages
    The document outlines the rights of the accused under Sections 14, 16, 17 of Article III of the Philippine Constitution during trial. It discusses the right to be presumed innocent, the right to be heard by counsel, the right to be informed of the nature of accusations, the right to a speedy and public trial, the right to confront witnesses, and the right against self-incrimination. It also asks questions about specific rights like the right to counsel and questions regarding trial procedures and exceptions to certain rights.

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    The document outlines the rights of the accused under Sections 14, 16, 17 of Article III of the Philippine Constitution during trial. It discusses the right to be presumed innocent, the right to be heard by counsel, the right to be informed of the nature of accusations, the right to a speedy and public trial, the right to confront witnesses, and the right against self-incrimination. It also asks questions about specific rights like the right to counsel and questions regarding trial procedures and exceptions to certain rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    305 views7 pages

    Rights During Trial Qa

    Uploaded by

    adonis.orilla
    The document outlines the rights of the accused under Sections 14, 16, 17 of Article III of the Philippine Constitution during trial. It discusses the right to be presumed innocent, the right to be heard by counsel, the right to be informed of the nature of accusations, the right to a speedy and public trial, the right to confront witnesses, and the right against self-incrimination. It also asks questions about specific rights like the right to counsel and questions regarding trial procedures and exceptions to certain rights.

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    At a glance
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    The key takeaways from the document are the various rights that an accused person has under the constitution during criminal proceedings and trial, including the right to be presumed innocent, the right to counsel, the right to a speedy and public trial, and the privilege against self-incrimination.

    The document outlines that an accused person has the right to be presumed innocent until proven guilty, the right to counsel, the right to be informed of the charges, the right to a speedy and public trial, the right to confront witnesses, the right to compulsory process to obtain witnesses and evidence, and the privilege against self-incrimination.

    The document mentions that there are exceptions to the right of confrontation, such as when a witness is unavailable or when the prior testimony of the witness was subjected to cross-examination.

    RIGHTS DURING TRIAL

    The rights of the accused under Secs. 14, 16, 17 in Art. III. Study these:

    To be presumed innocent until the contrary is proved,


    To 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.
    To be free from being compelled to be a witness against himself.

    Why is it that the burden of proof to establish guilt of the accused is with
    prosecution, and conviction of the accused depends on the strength of the evidence
    of prosecution, not on the weakness of defense? What is the constitutional basis for
    this rule?

    What is the EQUIPOISE RULE?

    RIGHT TO BE HEARD BY HIMSELF AND COUNSEL:


    Q. What are the specific rights that accused may avail of for him to actively
    expressed his right to be heard?
    Q. If the accused appears at Arraignment without counsel, despite several postponements,
    what is the duty of the judge, in this case?

    5. RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION Purpose?

    Q. If Information/complaint filed is for murder, but the particular facts stated therein and later
    proven in trial constitute only homicide. Should the Court convict accused for homicide, or murder as
    charged/ or should court acquit the accused in this case? WHY? What is the rule?
    6. What is VOID-FOR-VAGUENESS DOCTRINE?
    7. What is a Speedy Trial? What are the FACTORS to consider or determine whether or not
    there is Violation of the Right to Speedy Trial?
    8. What is the REMEDY?
    9. What is the LEGAL EFFECT of dismissal for violation of the Right to Speedy Trial?
    10. Does the right of Speedy Trial also include the right to prompt rendition of
    judgment?

    11. What is the purpose of holding trial in public as a rule; any exception?
    12. What is the purpose of the Right to Confrontation? Can this right be waived by
    the accused?
    13. What are the EXCEPTIONS to the Right of Confrontation?
    14. When should the accused avail of the Right to Compulsory Process?
    TRIAL IN ABSENTIA is allowed in Sec. 14 (2).
    What are the requisites of a valid trial in absentia?
    Why is trial in absentia allowed only after arraignment?
    If accused can validly waive his presence in the trial of his case, can the Accused also be
    absent during promulgation of judgment?

    CASE OUTLINE FOR RIGHTS OF ACCUSED


    BEFORE AND DURING TRIAL
    (SOURCE: The 2007-2008 Outline in CONSTITUTIONAL LAW By Dean Mariano F. Magsalin, Jr.)

    RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION


    Art. III, Sec , 12
    Miranda vs. Arizona , 384 US , 436 (1966)

    Custodial Investigation
    People v. Lugod, G.R. 136253, February 21, 2001
    People v. Del Rosario G.R. 127755, April 14, 1999
    People v. Bolanos, 211 SCRA 262 (1992)
    Rhode Island v. Innis, 446 U.S. 291, [1980]
    People v. Mahinay, 302 SCRA 455 (1999)

    Administrative Investigations
    People vs. Judge Ayson, 175 SCRA 216 (1989)
    Office of the Court Administrator v. Sumilang, 271 SCRA 316 (1997)
    People v. Uy, G.R. No. 157399, November 17, 2005

    Police Lineup
    Gamboa vs.Cruz, 162 SCRA 642 (1988)
    United States v. Wade, 388 U.A. 218 (1967)
    People v. Escordial, G.R. 138934, January 16, 2002
    People vs. Piedad, et al., G.R. No. 131923, December 5, 2002

    Cases before January 17, 1973 not applicable


    Magtoto vs.Manguera, 63 SCRA 4 (1975)

    Rule under the 1973 Constitution (Voluntary, knowing & intelligent waiver)
    People vs. Caguioa, 95 SCRA 2 (1980)
    People vs. Tampus, 90 SCRA 624 (1980)
    People v. Sayaboc, G.R. 147201, January 15, 2004

    The Galit Rule


    People vs. Galit, 135 SCRA 465 (1985)

    Rule under the 1987 Constitution


    Requirement of Competent & Independent Counsel
    People vs. Bandula, 232 SCRA 566 (1994)
    People v. Quidato, G.R. 117401, October 1, 1998
    People v. Januario. 267 SCRA 608 (1997)
    People v. Labtan, GR. No. 12793, December 8, 1999
    People vs. Samus, G.R. 135957-58, September 17, 2002
    People v. Tomaquin, G.R. No. 133138, July 23, 2004
    People v. Bagnate, G.R. No. 133685-86 May 20, 2004

    Counsel of Choice
    People vs. Gallardo, G.R. No. 113684, Jan. 25, 2000
    People vs. Barasina, 229 SCRA 450 (1994)

    Counsels presence required in entire proceedings


    People v. Morial, G.R. 129295, August 15, 2001

    Seized Articles
    People v. Castro. 274 SCRA 115 (1997)
    People v. Wong Chuen Ming. 256 SCRA 182 (1996)
    Marcelo v. Sandiganbayan, 302 SCRA 102 (1999)
    People v. Macabalang, G.R. 168694, November 27, 2006

    Confession to Newsmen
    People v. Andan. 269 SCRA 95 (1997)
    People v. Endino, G.R. 133026, February 20, 2001
    People vs. Ordono, G.R. No. 132154, June 29, 2000
    People vs. Guillermo, GR. No. 147786, January 20, 2004

    Other Confessions
    People v. Malngan, G.R. No. 170470, September 26, 2006
    People v. Gomez, 270 SCRA 432 (1997)
    Illinois v. Perkins, 496 U.S. 292 (1990)
    People v. Lugod, G.R. 136253, February 21, 2001

    Re-enactment
    People v. Luvendino, 211 SCRA 36 (1992)

    Exclusionary rule
    Art. III, Sec. 12 (3)
    Fruit of the Poisonous Tree Doctrine
    People v. Alicando 251 SCRA 293 (1995)
    Harris vs. New York, 401 U.S. 222 (1971)
    New York vs. Quarles, 104 S. U. 2626 (1984)

    RIGHT TO BAIL
    Art. III, Sec. 13

    Bail Defined
    Rule 114, Section 1, ROC

    Kinds of Bail
    Rule 114, Sections 10, 11, 14 & 15
    When right may be invoked
    Herras Teehankee vs. Rovira, 75 Phil. 634 (1945)
    People vs. San Diego, 26 SCRA 522 (1968)
    Cortes v. Judge Catral, A.M. No. RTJ-97-1387, September 10, 1997
    Lavides v. CA, G.R. No. 129670. February 1, 2000
    Government v. Judge Puruganan, G.R. 148571, December 17, 2002

    Procedure for bail


    Paderanga v. Drilon, 247 SCRA 741, (1995).
    Go v. Bongolan. A.M. 99-1464, July 26, 1999
    People v. Gako, G.R. 135045, December 15, 2000

    Bail and Habeas Corpus


    Enrile vs. Salazar, 186 SCRA 217 (1990)
    People vs. Judge Donato, 198 SCRA 130 (1991)

    Bail on appeal
    People vs. Fortes, 223 SCRA 619 (1993)
    Maguddatu v. CA, G.R. No. 139599. February 23, 2000
    Obosa v. Court of Appeals, G.R. 114350, January 16, 1997

    Standards for fixing bail


    Rule 114, Sec. 9
    Villasenor vs. Abano, 21 SCRA 312 (1967)
    De la Camara vs. Enage, 41 SCRA 1 (1971)
    Almeda vs. Villaluz, 66 SCRA 38 (1975)
    Yap v. Court of Appeals, G.R. No. 141529, June 6, 2001
    Cabaero v. Caon, A.M. No. MTJ-01-369, September 20, 2001
    Victory Liner v. Belosillo, G.r. 425 SCRA 79 (2004)

    Bail and the Right to Travel Abroad


    Manotoc vs. Court of Appeals, 142 SCRA 149 (1980)

    RIGHTS OF AN ACCUSED
    Art. III, Sec. 14

    Presumption of Innocence

    Proof beyond reasonable doubt


    People vs. Dramayo, 42 SCRA 59 (1971)

    Order of Trial
    Alejandro vs. Pepito, 96 SCRA 322 (1988)(modified by Rule 119 Sec. 3 (e)
    Presumption of Guilt
    Dumlao vs. Comelec, 95 SCRA 392 (1980)
    People vs. Mingoa, 92 Phil. 857 (1953)

    Applicability to Juridical Persons


    Feeder Intl Line vs. CA CR 94262 May 31, 1991

    Official Duty
    People vs. Martos, 211 SCRA 805 (1992)

    Equipoise Rule
    Corpuz vs. People, 194 SCRA 73 (1991)
    Dizon Paminatuan v. People, July 11, 1994

    Right to be heard personally or by counsel


    Importance of Counsel
    People vs. Holgado, 85 Phil. 752 (1950)
    Delgado vs. CA, 145 SCRA 357 (1986)

    Improvident Plea of guilt


    People vs. Baluyot, 75 SCRA 148 (1977)
    People vs. Magsi, 124 SCRA 69 (1983)
    People v. Besonia, G.R. No. 151284-85, February 5, 2004
    People v. Murillo, G.R. No. 134583, July 14, 2004

    Right to Lawyer of Choice


    People vs. Malunsing, 63 SCRA 493(1975)
    Libuit v. People, G.R. No. 154363, September 13, 2005

    Deprivation of Right to be Heard


    Moslares v. CA, 291 SCRA 440 (1998)
    Right to be informed of nature and cause of accusation
    Lack of Arraignment
    Borja vs. Mendoza, 77 SCRA 422 (1977)
    People v. Alcalde, G.R. 139225, May 29, 2002
    People v. Dy, G.R. 115236, January 29, 2002

    Sufficiency of the Information


    People v. Sadiosa, 290 SCRA 82 (1998)
    People v. Perez, G.R. No. 122764, September 24, 1998
    People v. Lozano, G.R 125080, September 25, 1998
    People v. Ladrillo, GR. No. 124342, December 8, 1999
    People v. Valdesancho, G.R. 137051, May 30, 2001
    People v. Alcaide, G.R. Nos. 139225-28, May 29, 2002
    People vs. Ostia, G.R. No. 131804, February 26, 2003
    People vs. Flores Jr., G.R. No. 128823-24, December 27, 2002
    People v. Cachapero, G.R. No. 153008, May 20, 2004
    Right to speedy, impartial and public trial
    Speedy trial
    Acevedo vs. Sarmiento, 36 SCRA 247 (1970)
    People vs. Judge Laya, 161 SCRA 327 (1988)
    Conde vs. Rivera, 45 Phil. 650 (1924)
    Dacanay vs. People, 240 SCRA 490 (1995)
    People v. Rivera, G.R. No. 139180, July 31, 2001
    Solar Team Entertainment v. How, G.R. No. 140863, August 22, 2000
    Valencia v. Sandiganbayan. G.R. No. 165996, October 17, 2005
    Domondon v. Sandiganbayan, G.R. No. 166606. November 29, 2005

    Public trial
    Garcia vs. Domingo, 52 SCRA 143 (1970)
    Perez v. Estrada, A.M. No. 01-4-03-SC, June 29, 2001

    Impartial trial
    Tumey vs. Ohio, 273 U.S. 510 (1927)
    Soriano vs Angeles, G.R. No. 109920. August 31, 2000

    Right to confront witnesses


    U.S. v. Javier, 37 Phil. 449 (1918)

    Right to secure attendance of witnesses


    U.S. vs. Garcia, 10 Phil. 384 (1908)
    People vs. Sandal, 54 Phil. 883 (1938)
    People vs. De Luna, 174 SCRA 204 (1989)

    Right to be present during trial

    Trial in absentia
    Rule 115, Sec. 1 (c)
    People vs. Court of Appeals, G.R. No. 140285, September 27, 2006
    When presence of the accused is a duty:

    Arraignment and plea


    Rule 116, Sec. 1 (b)

    During trial for identification


    Aquino vs. Military Commission No. 63 SCRA 546 (1975)
    People vs. Salas, 143 SCRA 163 (1986)

    Promulgation of sentence
    Rule 120, Sec. 6
    Exception: Light offenses
    PRIVILEGE AGAINST SELF-INCRIMINATION
    Art. III, Sec. 17

    Scope covers compulsory testimonial incrimination


    United States vs. Tan Teh, 23 Phil. 145 (1912)
    United States vs. Ong Siu Hong, 36 Phil. 735 (1917)
    People vs. Otadura, 86 Phil. 244 (1950)
    Villaflor vs. Summers, 41 Phil. 62 (1920)
    Bermudez vs. Castillo, 64 Phil. 485 (1937)
    Beltran v. Samson, 53 Phil. 570 (1929)
    People vs. Tranca, 235 SCRA 455 (1994)
    South Dakota v. Neville, 459 U.S. 553 (1983)
    Schemerber v. California, 384 U.S. 757 (1966)
    People v. Rondero, GR. No. 125687, December 9, 1999
    People vs. Gallarde, G.R. No. 133025. February 17, 2000.

    In what proceedings available


    Pascual vs. Board of Medical Examiners, 28 SCRA 344 (1969)
    Galman vs. Pamaran, 138 SCRA 274 (1985)

    Use Immunity v. Transactional Immunity.


    Art. XIII, Sec. 18 (8)
    R.A. No. 1379, Section 8
    Galman vs. Pamaran, 138 SCRA 274 (1985)
    Brown v. Walker, 161 U.S. 591

    Exclusionary rule
    Art. II, Sec. 12 (3)

    Effect of denial of privilege by court


    Chavez vs. Court of Appeals, 24 SCRA 663 (1968)

    RIGHT TO SPEEDY DISPOSITION OF CASES


    Art. III, Sec. 16
    Art. VIII, Sec. 15
    Art. VII, Sec. 19 par. 3
    Art. IX, A, Sec. 17
    Duterte v. Sandiganbayan, 289 SCRA 721 (1998)
    Tatad vs. Sandiganbayan ; 159 SCRA 70 (1988)
    Licaros v. Sandiganbayan, G.R. 145851, November 22, 2001
    Dimayacyac v. Judge Roxas, G.R. No. 136264, May 28, 2004
    Bernat v. Sandiganbayan, G.R. No. 158018. May 20, 2004

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