Rule 115.

Rights Of Accused During Trial

WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS?

The following are the rights accorded the accused:

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

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

3. To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.

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

5. To be exempt from being compelled to be a witness against himself.

6. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, 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.

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

8. To have speedy, impartial and public trial.

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

DUE PROCESS

IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER TO SATISFY THE REQUIREMENT OF

DUE PROCESS?

> No, there is no need for trial-type proceedings in order to satisfy due process

> The important thing is that there was an opportunity to be heard

> Notice and hearing are the two minimum requirements of due process

IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?

The requirements of procedural due process are as follows:

1. There must be an IMPARTIAL AND COMPETENT COURT with judicial power to hear and
determine the matter before it
2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person of the defendant or over
the property subject of the proceeding

3. The defendant must be given an OPPORTUNITY TO BE HEARD

4. Judgment must be RENDERED UPON LAWFUL HEARING

IN CRIMINAL CASES, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?

1. The accused must be heard by a court of COMPETENT JURISDICTION

2. He must have been proceeded against under ORDERLY PROCESSES OF THE LAW

3. He may be punished only after INQUIRY AND INVESTIGATION

4. There must be NOTICE to the accused

5. The accused must be given an OPPORTUNITY TO BE HEARD

6. Judgment must be rendered WITHIN THE AUTHORITY of constitutional law

DUE PROCESS

IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER TO SATISFY THE REQUIREMENT OF

DUE PROCESS?

> No, there is no need for trial-type proceedings in order to satisfy due process

> The important thing is that there was an opportunity to be heard

> Notice and hearing are the two minimum requirements of due process

IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?

1. The requirements of procedural due process are as follows:

1. There must be an IMPARTIAL AND COMPETENT COURT with judicial power to hear and
determine the matter before it

2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person of the defendant or over
the property subject of the proceeding

3. The defendant must be given an OPPORTUNITY TO BE HEARD

4. Judgment must be RENDERED UPON LAWFUL HEARING

IN CRIMINAL CASES, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?

1. The accused must be heard by a court of COMPETENT JURISDICTION

2. He must have been proceeded against under ORDERLY PROCESSES OF THE LAW

3. He may be punished only after INQUIRY AND INVESTIGATION

4. There must be NOTICE to the accused

5. The accused must be given an OPPORTUNITY TO BE HEARD

6. Judgment must be rendered WITHIN THE AUTHORITY of constitutional law

WHAT IS A REVERSE TRIAL?

> Usually in most cases, the prosecution first presents its evidence to establish the guilt of the
accused, and the defense follows thereafter

> But this is reversed when the accused admits the killing but claims self-defense

> A reverse trial happens

RIGHT TO BE PRESENT IN TRIAL

WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA?

1. The accused has been already arraigned

2. He has been duly notified of the trial

3. He fails to appear at the trial but his non-appearance at the trial is unjustifiable

CAN THE RIGHT TO BE PRESENT BE WAIVED?

> Yes, except in the following situations where the presence of the accused at the trial is required

1. During arraignment

2. During promulgation of judgment, except if it is for a light offense

3. When the presence of the accused at the trial is required for purposes of identification, unless he
admits beforehand that he is the same person charged The accused must first establish the
elements of self-defense in order to overturn the presumption that he was guilt of the offense

WHAT IS THE PURPOSE OF HAVING TO BE INFORMED OF THE NATURE AND CAUSE OF THE
ACCUSATION?

> To know if he is truly the guilty party

> To know the charge against him

IS THERE A DIFFERENCE BETWEEN THE RIGHT TO COUNSEL DURING THE CUSTODIAL

INVESTIGATION AND THE RIGHT TO COUNSEL DURING TRIAL?

>Yes. During the trial, the right to counsel means the right to effective counsel. During trial, the
purpose of the counsel is not so much to protect the accused from being forced to confess, but rather is
to defend the accused.

> On the other hand, a custodial investigation has stricter requirements. A custodial
investigation requires the presence of a competent and independent counsel, who is preferably the

accused’s own choice. Furthermore, the right to counsel could only be waived in writing and in the
presence of counsel.

> A custodial investigation take note is not done in public, hence the danger that confessions will be
extracted against the will of the defendant during the custodial investigation. This danger doesn't
really exist during trial since the latter is done in public.

WHY IS THE RIGHT TO COUNSEL AFFORDED DURING TRIAL?

> The right to counsel afforded during trial because this right is embraced in one’s right to be heard

WHEN SHOULD THE RIGHT TO COUNSEL BE INVOKED?

> The right to counsel can be invoked at any stage of the proceedings, even on appeal

> However, it can also be waived

> The accused is deemed to have waived his right to counsel when he voluntarily submits himself to the
jurisdiction of the Court and and proceeds with his defense

> But in two cases, the Court held that the defendant cannot raise for the first time on appeal his right to
have an attorney. If the question is not raised in the trial court, the prosecution may go to trial. The
question will not be considered in the appellate court for the first time when the accused fails to raise it
in the lower court.

IS IT THE DUTY OF THE COURT TO APPOINT COUNSEL DE OFFICIO MANDATORY AT ALL TIMES?

> No, the duty to appoint counsel de officio is mandatory only up to the time of arraignment

DOES THE MISTAKE OF COUNSEL BIND THE CLIENT?

> As a rule, the mistake of counsel binds the client

> Therefore, the client cannot question a decision on the ground that his counsel was an idiot

> However, an exception to this if counsel misrepresents himself as a lawyer, and he turns out to be a
fake lawyer. In this case, the accused is entitled to new trial because his right to be represented

by a member of the bar was violated. He was thus denied of his right to counsel and due process.

IS THE RIGHT TO COUNSEL ABSOLUTE?

> No since the right of choice must be exercised in a reasonable manner within reasonable time.

> The accused cannot insist on counsel that he cannot afford, one who is not a member of the bar,
or one who declines for a valid reason.

> Also the right of the accused to choose counsel is subject to the right of the state to due process and
adequate justice.

WHEN CAN THE ACCUSED DEFEND HIMSELF IN PERSON?

> The accused can defend himself in person only if the court is convinced that he can properly
protect his rights even without the assistance of counsel.