RIGHTS DURING TRIAL

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

a) To be presumed innocent until the contrary is proved,

b) To enjoy the right to be heard by himself and counsel,

c) To be informed of the nature and cause of the accusation against him,

d) To have a speedy, impartial, and public trial,

e) To meet the witnesses face to face, and

f) To have compulsory process to secure the attendance of witnesses and

the production of evidence in his behalf.

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

2. 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?

3. What is the EQUIPOISE RULE?

4. 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?

15. TRIAL IN ABSENTIA is allowed in Sec. 14 (2).

i. What are the requisites of a valid trial in absentia?
ii. Why is trial in absentia allowed only after arraignment?
iii. If accused can validly waive his presence in the trial of his case, can the Accused
also be absent during promulgation of judgment?