Sas 10 Cri 060 PDF

Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony

Module #10 Student Activity Sheet
Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________
Lesson title: Rights of the Accused Materials: Ballpen, Paper & Notebook
Lesson Objectives:
References:
At the end of the module, students will be able to: 1. Willard B. Riano, Criminal Procedure
1. Recite the rights of accused and its significant during (The Bar Lectures Series), Copyright
trial; and, 2011 by REX Book Store, Inc.
2. Explain the concept of the right to have a speedy, 2. Herrera, Remedial Law, Vol. IV
impartial and public trial. (Criminal Procedure), Copyright 2007
by Rex Book Store.
A. LESSON PREVIEW/REVIEW
Introduction (2 mins)
1. Hello! Are you ready to learn in this second module today? Great! Our topic is entitled “Rights of the
Accused l” Rule 115 of the Revised Rules of Criminal Procedure. The objectives are that you will be
able to recite the rights of accused and its significant during trial; and, explain the concept of the
right to have a speedy, impartial and public trial.
B. MAIN LESSON
1. What are the rights of the accused at the trial?

➢ Under Rule 115, In all criminal prosecutions, the accused shall be entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. 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. 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. When an accused under custody escapes, he shall be
This document is the property of PHINMA EDUCATION


deemed to have waived his right to be present on all subsequent trial dates until custody
over him is regained. 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 rights without the
assistance of counsel.
(d) 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.
(e) To be exempt from being compelled to be a witness against himself.
(f) 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 cannot 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.
(g) To have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and, in the manner, prescribed by law.
2. What is the reason for the presumption of innocence?

➢ It is based on the principle of justice. It is not designed to protect the guilty but prevent the
conviction of one who is innocent, for it is a rule that accusation is not synonymous with guilt.
➢ The presumption of innocence is a legal principle that every person accused of any crime is
considered innocent until proven guilty. In adversarial system of criminal justice process, the
prosecution has the burden of proof to present compelling evidence to the court to establish the
facts.
➢ Thus, in the case of People v. Alarcon [G.R.No.125310, April 21, 1999], Justice Pardo who was
the ponente of the Decision spoke: “The prosecution must overthrow the presumption of
innocence with proof of guilt beyond reasonable doubt. The proof against him must survive the
test of reason, the strongest suspicion must not be permitted to sway judgment. In order to convict
an accused the circumstances of the case must exclude all and each and every hypothesis
consistent with his innocence. In offenses involving the capital punishment, the presumption of
innocence takes an even more paramount significance. It is safely entrenched in our
jurisprudence that unless the prosecution discharges its burden to prove the guilt of the accused
beyond reasonable doubt, the latter need not even offer evidence in his behalf”.
3. What is the right to inform the nature and cause of the accusation against him?
➢ In criminal justice process, the right to be informed of the nature and the cause of accusation
against him existed even before trial, as where the person is arrested or under custodial
investigation (RA No 7438). The constitutional right to be informed of the nature and cause of the
accusation entitles the defendant to insist that the indictment apprise him of the crime charged
with such reasonable certainty that he can make his defense and protect himself after judgment
against another prosecution on the same charge.


➢ This right formally takes place during arraignment or from the time that the court furnish the
accused with a copy of the complaint or information, reading the same in the language or dialect
known to him, and asking him whether he pleads guilty or not guilty.
4. Discuss the importance of the right to counsel.

➢ The right of an accused to counsel is guaranteed by the Constitution, the supreme law of the
land. This right is granted to minimize the imbalance in the adversarial system where the accused
is pitted against the awesome prosecutory machinery of the state. In the words of Justice Black,
[Johnson vs. Zerbst, 304 U.S. 458, 462-3 (1938) which was cited in Abriol vs. Homeres, 84 Phil.
534, 533 (1949)], this is a “recognition xxx that an average (accused) does not have the
professional skill to protect himself xxx before a tribunal with power to take his life or liberty,
wherein the (prosecutor) is xxx an experienced and learned counsel.”
➢ In Powell vs. Alabama, [287 U.S. 45, 69 (1932). See also People vs. Holgado, 85 Phil. 752, 756-
757 (1950)] Mr. Justice Sutherland wrote at greater length on why an accused needs a competent
counsel: “Even the intelligent and educated layman has small and sometimes no skill in the
science of law. If charged with crime, he is incapable, generally, of determining for himself
whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without
the aid of counsel he may be put on trial without a proper charge, and convicted upon
incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks
both the skill and knowledge adequately to prepare his defense, even though he has a perfect
one. He requires the guiding hand of counsel at every step in the proceedings against him.
Without it, though he be not guilty, he faces the danger of conviction because he does not know
how to establish his innocence.”
➢ Note: the right to counsel during custodial investigation can be waived, provided that the waiver
is made in writing and in the presence of counsel.
5. What do mean by to testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination?
➢ The right of the defendant in a criminal case "to be exempt from being a witness against himself'
signifies that he cannot be compelled to testify or produce evidence in the criminal case in which
he is the accused, or one of the accused. He cannot be compelled to do so even by subpoena
or other process or order of the Court. He cannot be required to be a witness either for the
prosecution, or for a co-accused, or even for himself. In other words — unlike an ordinary witness
(or a party in a civil action) who may be compelled to testify by subpoena, having only the right
to refuse to answer a particular incriminatory question at the time it is put to him-the defendant in
a criminal action can refuse to testify altogether. He can refuse to take the witness stand, be
sworn, and answer any question. And, as the law categorically states, "his neglect or refusal to
be a witness shall not in any manner prejudice or be used against him."
6. What is the scope of freedom from self-incrimination?

➢ A person's right against self-incrimination is enshrined in Section 17, Article III of the 1987
Constitution which reads: "No person shall be compelled to be a witness against himself." The
philosophy behind the constitutional guarantee is similar to the other rights of the accused. From


the very start, the accused is already in an adverse position pitted against the entire machinery
of the State. If evidence will still be taken from the lips of the accused, it would even tilt the scales
heavily in favor of the State. Likewise, the right is founded on public policy and humanity (U.S. v.
Navarro, 3 Phil 63). Public policy demands that a person be spared from answering incriminating
questions because requiring him would likely lead to the crime of perjury, which is basically lying
to the court after having promised to tell the truth and nothing but the whole truth. Humanity
prevents extorting confession by duress.
7. What is the purpose of the right to confrontation?

➢ The chief purpose of confrontation is to secure the opportunity of cross-examination; that has
been repeatedly pointed out in judicial opinion, so that if the opportunity of cross-examination
has been secured the function, and test of confrontation has also been accomplished, the
confrontation being merely the dramatic preliminary to cross-examination. The second and
minor purpose is that the tribunal may have before it the deportment and appearance of the
witness while testifying. But the latter purpose is so much a subordinate and incidental one of
that no vital importance is attacked to it; consequently, if it cannot be had it is dispensed with,
provided that chief purpose, cross-examination, has been attained (Greenleaf on Evidence, vol.
1, par. 163).
8. What is the basic purpose of the right of the accused to have compulsory process to secure the
attendance of the witnesses is his behalf?
➢ It is the right of the accused to have a subpoena and/or a subpoena duces tecum issued in his
behalf in order to compel the attendance of witnesses and the production of evidence. The court
should order the witness to give bail or even his arrest, if necessary. Failure to obey a subpoena
amounts to contempt of court.
9. What is the concept of the right to have a speedy, impartial and public trial?
➢ An accused's right to have a speedy, impartial and public trial is guaranteed in criminal cases by
Section 14(2), Article III of the Constitution. This right to a speedy trial may be defined as one
free from vexatious, capricious and oppressive delays, its "salutary objective" being to assure
that an innocent person may be free from the anxiety and expense of a court litigation or, if
otherwise, of having his guilt determined within the shortest possible time compatible with the
presentation and consideration of whatsoever legitimate defense he may interpose. Intimating
historical perspective on the evolution of the right to speedy trial, we reiterate the old legal maxim,
"justice delayed is justice denied." This oft-repeated adage requires the expeditious resolution of
disputes, much more so in criminal cases where an accused is constitutionally guaranteed the
right to a speedy trial [Tan v. People, G.R. No. 173637, April 21, 2009, 586 SCRA 139, 151-152]
➢ In determining whether or not the right to speedy disposition of cases has been violated, this
Court has laid down the following guidelines [Tan v. People (2009); Olbes v. Buemio (2009)]: (a)
Length of the delay; (b) Reasons for such delay; (c) Assertion or failure to assert such right by
the accused; and (d) Prejudice caused by the delay.


10. State the rule on the right to appeal in all cases allowed and, in the manner, prescribed by law.
➢ An appeal is the process in which cases are reviewed by a higher authority, where parties request
a formal change to an official decision. Appeals function both as a process for error correction as
well as a process of clarifying and interpreting law.
➢ The Philippine appellate courts may either be Regional Trial Court, Court of Appeals, and
Supreme Court. For cases cognizable by Municipal Trial Court/ Municipal Circuit Trial Court in
the exercise of their original jurisdiction are appealable to the Regional Trial Court. The cases
cognizable by the Regional Trial Courts in the exercises of their original and appellate jurisdiction
are appealable to the through Court of Appeal. In cases cognizable by the Court of Appeal in the
exercise of their appellate jurisdiction are appealable to the Supreme Court as the final arbiter of
all cases.
11. Explain the concept of the conscience test of conviction.

➢ It is means that only when the conscience is satisfied that the crime has been committed by the
person on trial should the sentence be for conviction. It based on the principle that the prosecution
must rely on the strength of its own evidence rather than the weakness of the defense. (People
vs. Frago, G.R. Nos. 104492-93, May 31, 1994)
12. Explain the concept of derivative identification of the accused.

➢ Derivative identification is one patterned from the identification of an accused by another person,
not by the witness himself or herself. (People vs. Frago, G.R. Nos. 104492-93, May 31, 1994).
13. What are the purposes and requirements of trial in absentia?

➢ Trial in absentia Requisites: [Parada v. Veneracion (1997)] (a) Prior arraignment; (b) Proper
notice of the trial; (c) Failure to appear is unjustifiable.
➢ Effects: Waiver of right to be present, right to present evidence and right to cross-examine
witnesses. [Gimenez v. Nazareno (1988)].
14. What are the kinds of immunity statuses?

➢ The two kinds of immunity statutes are: (a) Transactional immunity is where the evidence
obtained cannot be used against the person in any criminal prosecution. By its grant, a witness
can no longer be prosecuted for any offense whatsoever arising out of the act or transaction; (b)
use-and-derivative-use immunity, it is where the evidence obtained cannot be used to prosecute
the person. As where a witness is only assured that his or her particular testimony and evidence
derived from it will not be used against him or her in a subsequent prosecution.
15. What are the requisites for valid waiver of right?

➢ There must be: (a) existence of right; (b) knowledge of existence thereof; (c) intention to
relinquish such right, which must be shown clearly and convincingly; and (d) where the law or the
Constitution so provides, the waiver must be with the assistance of counsel, to be valid.
16. What is an equipoise rule?


➢ If the exculpatory facts and circumstances are capable of two or more explanations, one of which
is consistent with the innocence of the accused and the other with his guilt, then the evidence
does not fulfil the test of moral certainty and is not sufficient to support a conviction of the
accused. Hence, where 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 and he must
be acquitted.
17. When the presence of the accused in court is necessary?

➢ It necessary in the following: (a) during arraignment; (b) promulgation of judgment, except when
conviction is for light offenses; and (c) when the prosecution intends to present witnesses who
will identify the accused.
Activity 2: Skill-building Activities
Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback. Try to
complete each exercise before looking at the feedback.
2.1 Enumerate the (a)Requisites of valid waiver of rights; and, (b) Requisites in trial in absentia; Write your
answer in a bullet form.
Enumerate the following: Answers:
a. Requisites of valid waiver ●

of right
b. Requisites in trial in ●
absentia
2.2. Here’s more! Distinguished the different (a) transactional immunity from use-and-derivative-use
immunity; and (b) the right to counsel during trial from the right to counsel during custodial investigation. Limit
your answer to two sentences only.


Distinguished the Answers:

following:
a. Transactional immunity
from use-and-derivative-
use immunity
b. The right to counsel during

trial from the right to
counsel during custodial
investigation
2.3 Check for Understanding (5 mins). The following are questions to assess your understanding about the
lesson today. You are required to identify what is being asked. Write your answer on the space provided
before the number. Avoid any erasures! “Check your answers against the Key to Corrections found at the
end of this SAS. Write your score on your paper.”
MULTIPLE CHOICE: (1 point each) Instructions: Read and analyze each statement carefully. Encircle the
letter of your choice.
1. A right of the accused founded on the principle of justice and is intended not to protect the guilty but to
prevent as far as human agencies can the conviction of an innocent person.
a) Presumption of innocence c) Speedy and public trial
b) Inform the nature of accusation d) Self-incrimination
2. A right that requires that charges against a person should be stated in such a way as to enable him to
know the meaning and nature of accusation against him.
a) Presumption of innocence c) Self-incrimination
b) Inform the nature of accusation d) Speedy trial
3. A right extends not only to the right to refuse to answer questions, put to the accused while on the witness
stand, but also to forego testimony, to remain silent and refuse to take the witness stand when called as
a witness by the prosecution.


4. A right of accused, which may define as one that can be had as soon as after indictment as the
prosecution can with reasonable diligence prepare for it, and is conducted according to fixed rules and
proceedings of law, free from vexations, capricious and oppressive delays.
5. On the hearing of an application for admission to bail filed by any person, who is in custody for the
commission of a capital offense, the prosecution has the burden of showing that.
a) Evidence of guilt is strong c) Evidence is not strong.
b) The accused is entitled to bail d) Both a and b
C. LESSON WRAP-UP
Q1. How to simplify or summarize the right of the accused during trial?
Answer: the following are the right of the accused during trail:
a) The right to be presumed innocent until the contrary is proved beyond reasonable;
b) The right to be informed of the nature and cause of the accusation against him;
c) The right to counsel at every stage of the proceedings;
d) The right to testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination;
e) The right to be exempt from being compelled to be a witness against himself;
f) The right to confront and cross-examine the witnesses against him at the trial;
g) The right to have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf;
h) The right to have speedy, impartial and public trial; and
i) The right to appeal in all cases allowed and, in the manner, prescribed by law.
Thinking about Learning
Work Tracker
That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session
number you just completed. Kindly mark the place in the work tracker to help you track how much work they
have accomplished and how much work there is left to do.


1.Did you have challenges learning the concepts in this module? If none, which parts of the module
helped you learn the concepts?
__________________________________________________________________________________
__________________________________________________________________________________
2.Some question/s I want to ask my teacher about this module is/are:
__________________________________________________________________________________
__________________________________________________________________________________
ANSWER KEY:
Rubrics on Skill Rate

Building
Activity 2.1
Correct answer with 5
explanation and without
erasure
explanation but with
erasure
Incomplete answer and no 2
explanation
erasure
Total 10 points
Activity 2.2
erasure
explanation but with
erasure
Incomplete answer and no 2
explanation
erasure


Total 10 points
Activity 2.3
1. A
2. B
3. C
4. D
5. A
Congratulations! That’s enough for today, please study in advance 😊

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Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Name:_____________________________________________________________ Class number: _______

1. What are the rights of the accused at the trial?

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

2. What is the reason for the presumption of innocence?

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

4. Discuss the importance of the right to counsel.

6. What is the scope of freedom from self-incrimination?

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

7. What is the purpose of the right to confrontation?

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

11. Explain the concept of the conscience test of conviction.

12. Explain the concept of derivative identification of the accused.

13. What are the purposes and requirements of trial in absentia?

14. What are the kinds of immunity statuses?

15. What are the requisites for valid waiver of right?

16. What is an equipoise rule?

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

17. When the presence of the accused in court is necessary?

Activity 2: Skill-building Activities

Enumerate the following: Answers:

a. Requisites of valid waiver ●

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

Distinguished the Answers:

b. The right to counsel during

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

Thinking about Learning

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

Rubrics on Skill Rate

This document is the property of PHINMA EDUCATION

Name:_____________________________________________________________ Class number: _______

Congratulations! That’s enough for today, please study in advance 😊

This document is the property of PHINMA EDUCATION

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