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Rule 115 Rights of Accused

MAD Notes

Rule 115 offense. Provided, the lesser offense is a cognate offense and is included in the
Complaint with the court.
Rights of Accused What is the rationale for this right? ( D A S )
a) To furnish the accused with such a description of the charge against him as
will enable him to make his defense
Section 1. Rights of accused at the trial. In all criminal prosecutions, the accused b) To avail himself of his conviction or acquittal for protection against further
shall be entitled to the following rights: (I2 PTEC CSA) prosecution for the same cause
c) To inform the court of the facts alleged so that it may decide whether they
1. To be presumed innocent until contrary is proved beyond reasonable doubt.
are sufficient in law to support a conviction, if one should be had. (US v.
This is a non-waivable right.
Karelsen G.R. No. 1376, Jan. 21, 1904)
Reason: based on the principle of justice. Th conviction must be based on moral
certainty, for it is better to acquit a guilty person rather than convict an innocent Settled is the rule that when a judge is informed or discovers that an accused is
man. (People v. Dramayo) apparently in a condition of insanity or imbecility, it is within his discretion to
investigate the matter. If it be found that by reason of such affliction the accused
Reasonable doubt: That doubt engendered by an investigation of the whole proof could not, with the aid of counsel, make a proper defense, it is the duty of the
and an inability, after such investigation, to let the mind rest easy upon the court to suspend proceedings and commit the accused to a proper place of
certainty of guilt. detention until he recovers his faculties. To arraign the accused while he is in a
state of insanity will violate the right of the accused to be informed of the nature
The presumption of regularity in the performance of official duty cannot by itself and cause of the accusation against him
overcome the presumption of innocence nor constitute proof of beyond Also, the conviction of the accused who was a deaf-mute was reversed by the
reasonable doubt. Supreme Court because no one who knew how to communicate with the accused
was utilized by the trial court during the entire proceedings.
Equipoise rule. It provides that where the evidence in a criminal case is evenly
balanced, the constitutional presumption of innocence tilts the scale in favor of What would determine the nature and cause of accusation?
the accused. In Soriano v. Sandiganbayan and Pecho v. People, description, not
designation of the offense, are controlling. The real nature of the crime charged
Prima facie evidence of guilt. Without infringing on the right of the accused to be is It is neither determined based on the caption or preamble thereof nor from
presumed innocent, he law may properly provide that the existence of a certain the specification of the provision of the law allegedly violated.
set of facts, duly proved, may be taken as prima facie evidence of the guilt of a
person. What are the requisites for properly informing the accused of the nature
The statute establishes only a prima facie presumption, thus giving the and cause of accusation? ( A D A O T - P E )
accused the opportunity to rebut it. 1) Information must state the name of the accused
2) Designation given to the offense by statute
3) Statement of the acts or omission so complained of as constituting the
2. Right to be informed of nature and cause of accusation offense
General rule: An accused cannot be convicted of an offense unless it is clearly 4) Name of the offended party
charged in the Complaint or Information. 5) Approximate time and date of commission of the offense
6) Place where offense was committed
Exception: When a person is charged in a Complaint with a crime and the 7) Every element of the offense must be alleged in the complaint or information
evidence does not show that he is guilty thereof, but does show that he is guilty
of some other crime, or a lesser offense, the court may sentence him for the lesser
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Rule 115 Rights of Accused
MAD Notes

In People v. Quitlong, the information must set forth the facts and Accordingly, an accused cannot be convicted under one statue when he is
circumstances that have a bearing on the culpability and liability of the accused, charged with the violation of another if the change from one statue to another
so that the accused can prepare for and undertake his defense. One such fact or involves:
circumstance in a complaint against two or more persons is conspiracy. Where a. Change in the theory of trial
no such allegation is made in the information, the courts finding of conspiracy b. Requires defendant a different defense
violates the constitutional requirement. c. Surprises him in any way
But it is not necessary to state in the complaint or information the precise time
when the offense was committed, except when time is a material ingredient of 3. To be present and defend in person and by counsel at every stage of the
the offense. The act may be alleged to have been committed at any time as near proceedings, from arraignment to promulgation of the judgment. The accused
to the actual date at which the offense was committed as the information or may, however, waive his presence at the trial pursuant to the stipulations set
complaint will permit. 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
What happens if the information fails to allege the material elements of the at the trial of which he had notice shall be considered a waiver of his right to be
offense? present thereat. When an accused under custody escapes, he shall be deemed
The accused cannot be convicted thereof even if the prosecution is able to to have waived his right to be present on all subsequent trial dates until custody
present evidence during the trial with respect to such elements. 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
Void for Vagueness Rule protect his right without the assistance of counsel
The accused is also denied the right to be informed of the charge against
Is the presence of the accused mandatory?
him, and to due process as well, where the statute itself is couched in such
General rule: Presence of the accused is not required and shall be based on his
indefinite language that it is not possible for men of ordinary intelligence to
sole discretion.
determine therefrom what acts or omissions are punished. In such a case,
Exceptions:
the law is deemed void.
1. During arraignment and plea
o his plea is necessary for the triability of the criminal action
May the right to be informed of the nature and cause of accusation be o In Borja v. Mendoza, there can be no trial in absentia unless the
waived? accused has been arraigned.
No, by reason of public policy. However, the defense may waive the right 2. During trial, for identification, unless the accused has already stipulated on his
to enter a plea and let the court enter a plea of not guilty. identity during the pretrial and that he is the one who will be identified by the
The right cannot be waived for reasons of public policy. Hence, it is witnesses as the accused in the criminal case
imperative that the complaint or information filed against the accused be o Designed to afford the Peoples witnesses the opportunity to
complete to meet its objectives. As such, an indictment must fully state the identify him in court as person charged in the information, for it is
elements of the specific offense alleged to have been committed. For an possible, for example, that a witness may not know the name of the
accused cannot be convicted of an offense, even if duly proven, unless it is culprit but can identify him if he sees him again.
alleged or necessarily included in the complaint or information 3. During promulgation of sentence, unless for a light offense
o However, it is altogether a different matter if the accused themselves
refuse to be informed of the nature and cause of the accusation against Effects of waiver of the right to appear
them. The defense cannot hold hostage the court by such refusal. 1. Waiver of the right to present evidence and cross-examine witnesses
2. Prosecution can present evidence if accused fails to appear
3. The court can decide without accuseds evidence

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Rule 115 Rights of Accused
MAD Notes

Note: Such waiver of a right of the accused does not mean a release of the accused the accused's counsel de parte pursuant to the court's desire to finish the
from his obligation under the bond to appear in court whenever so required. The case as early as possible under the continuous trial system.
accused may waive his right but not his duty to the court. (Carredo v. People)
Offended party cannot waive assistance of counsel
Purpose Trial in Absentia The offended party can only intervene in the case if by counsel. If the offended
The purpose of this rule is to speed up the disposition of criminal cases, trial of party cannot affort a private counsel, the public prosecutor can represent him.
which could, in the past, be indefinitely deferred, and many times completely
abandoned, because of the defendant's escape. If the accused preferred to defend himself personally in the trial court, he
cannot be heard to complain that he ahs not been assisted by an attorney in the
Requisites for Trial in Absentia (ANU) proceedings this had. When an accused in a criminal case chose to defend himself
1. Accused has been validly arraigned personally in the trial court, none of his rights are infringed by the fact that the
2. Accused has been duly notified of the dates of hearing action was prosecuted without intervention of an attorney in his behalf.
3. Failure to appear is unjustifiable

Right to Counsel
4. To testify as a witness in his own behalf but subject to cross-examination on
This right is absolute and may be invoked at all time even on appeal. Without the
matters covered by direct examination. His silence shall not in any manner
aid of counsel, a person may be convicted not because he is guilty but because he
prejudice him.
does not know how to establish his innocence.
This is waivable right. A denial of the defendants right to testify in his behalf
It covers the priod beginning from custodial investigation, wll into the rendition
would constitute an unjustifiable violation of his constitutional right.
of the judgement.
Difference between right to Counsel during arraignment and during trial
If the accused testifies in his own behalf, he may be cross-examined as any
During arraignment The court has the affirmative duty to inform the other witness. He may be cross examined as to any matter cited in his direct
accused of his right to counsel and to provide him with one in case he cannot examination, or connected therewith.
afford it. The court must act on its own volition, UNLESS the accused invokes
He may not on cross-examination refuse to answer any question on the
his rights.
ground that the answer that he will give, or the evidence he will produce
During trial It is the accused who must assert his right to counsel. The would have a tendency to incriminate him for the crime with which he is
court will not act UNLESS the accused invokes his rights. charged.
But if the defendant in a criminal action is asked a question which
Does Right to Counsel under Sec. 14 must be the preferred choice of the
might incriminate him, not for the crime with which he is charged, but
accused?
for some other crime distinct from that of which he is accused, he may
In Amion v. Judge Chiongson, an examination of related provisions in the decline to answer that specific question, on the strength of the rule against
Constitution concerning the right to counsel will show that the self-incrimination.
"preference in the choice of counsel" pertains more aptly and
specifically to a person under CUSTODIAL INVESTIGATION rather than Silence of the accused cannot be used as presumption of guilt. A person
one who is accused in criminal prosecution. And even if the application of charged with a crime is not called upon to make any explanation or denial, except
the concept were to be extended to an accused in a criminal prosecution, to plead guilty or not guilty. He can remain silent, as well before the trial as
such preferential discretion cannot partake of discretion so absolute during it, and his silence cannot be considered confession of guilt.
and arbitrary as would make the choice of counsel refer exclusively to
However, it appears that the failure of the accused to take the witness stand
the predilection of the accused. Thus, there is no denial of the right to
by no means raises an inference adverse to or inconsistent with the
counsel where the counsel de oficio was appointed during the absence of
presumption of innocence otherwise enjoyed by other defendants. His

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Rule 115 Rights of Accused
MAD Notes

conviction, if such be the judgement, is based not upon his failure to testify In Pascual v. Board of Medical Examiners, the same principle shall apply
but on the strength of the prosecutions evidence which he failed to rebut. to the respondent in an administrative proceeding where the respondent
may be subjected to sanctions of a penal character, such as the cancellation
5. To be exempt from being compelled to be a witness against himself. of his license to practice medicine.
Sec. 17, Art. III of the 1987 Constitution: No person shall be compelled to be
a witness against himself. What is the difference between an accused and an ordinary witness with
respect to the right against selfincrimination?
Purpose:
1. Humanitarian reasons to prevent the state from using its coercive Accused Ordinary witness
powers Can refuse to take the witness stand Cannot refuse to take the witness stand;
2. Practical reasons - the accused is more likely to commit perjury altogether by invoking the right against can only refuse to answer specific
selfincrimination questions which would incriminate him in
the commission of an offense
When is the right available?
The right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or What is the scope of the Privilege against Selfincrimination?
legislative investigations that possess a criminal or penal aspectbut not to This constitutional privilege has been defined as a protection against testimonial
private investigations done by private individual (BPI vs. CASA, 430 SCRA compulsion, but this has since been extended to any evidence communicative in
261). nature acquired under circumstances of duress.
What is prohibited is the use of physical or moral compulsion to extort
It may be claimed not only by the accused but also by any witness to whom communication from the witness or to otherwise elicit evidence which
a question calling for an incriminating answer is addressed. would not exist were it not for the actions compelled from the witness.

When is a question incriminating? Note: It applies only to testimonial compulsion and production of
A question tends to incriminate when the answer of the accused or the witness documents, papers and chattels in court except when books of account are to
would establish a fact which would be a necessary link in a chain of evidence to be examined in the exercise of police power and the power of taxation.
prove the commission of a crime by the accused or the witness.
o In People v. Gallarde, person may be compelled to submit to fingerprinting,
When is the right against selfincrimination applied? photographing and paraffin testing, as there is no testimonial compulsion
involved.
The privilege against selfincrimination can be claimed only when the
o In U.S. v. Tan Teng, a person charged with rape was ordered examined for
specific question, incriminatory in character, is actually addressed to the
gonorrhea, which might have been transmitted to the victim.
witness. It cannot be claimed at any other time. It does not give a witness
o However, in Beltran v. Samson, an order requiring the accused to write so
the right to disregard a subpoena, to decline to appear before the court at
that his handwriting may be validated with the documentary evidence is
the time appointed.
covered by the constitutional proscription against selfincrimination. Since
The privilege against selfincrimination is not selfexecuting or
the provision prohibits compulsory testimonial incrimination, it does not
automatically operational. It must be claimed. It follows that the right may
matter whether the testimony is taken by oral or written.
be waived, expressly, or impliedly, as by a failure to claim it at the
appropriate time.
Do reenactments violate a person's right against selfincrimination?
Yes. A person who is made to reenact a crime may rightfully invoke his privilege
Can an accused or respondent be compelled to take witness stand?
against selfincrimination, because by his conduct of acting out how the crime
In Chavez v. CA, in criminal prosecution, the accused may not be compelled
was supposedly committed, he thereby practically confesses his guilt by action
to take the witness stand, on the reasonable assumption that the purpose of
which is as eloquent, if not more so, than words.
the interrogation will be to incriminate him.
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Distinguish DerivativeUse Immunity from Transactional Immunity. witness may identify the accused, and this must take place in the presence of the
court having jurisdiction to permit the privilege of cross-examination.
Derivative-use Immunity Transactional Immunity Purpose: The primary purpose is to secure the opportunity of cross-
- Whatever is elicited from the - Witness is immunized from examination and the secondary purpose is to enable the judge to observe the
witness, as well as any other prosecution in relation to the crime demeanor of the witnesses.
evidence which the investigators in which he was compelled to
By way of exception to this rule, it is provided that either party may utilize as
were led to because of the testimony provide testimony
part of its evidence the testimony of a witness who is deceased, out of or cannot
given, would not be admissible in - Granted by the Commission on
evidence against the witness Human Rights to any person whose with due diligence, be found in the Philippines, unavailable or otherwise unable
- Witness can still be prosecuted. testimony or whose possession of to testify, given in another case or proceeding, judicial or administrative,
documents or other evidence is involving the same parties and subject matter, the adverse party having had the
necessary or convenient to opportunity to cross-examine him.
determine the truth in any Right may be waived.
investigation conducted by it or When a party has had the opportunity to cross-examine a witness but failed to
under its authority, which makes the avail himself of it, he necessarily forfeits the right to cross-examine and the
witness immune from criminal testimony given on direct examination will be allowed to remain in the record.
prosecution for an offense to which
his compelled testimony relates.

7. To have compulsory process issued to secure the attendance of witnesses and


Can this right against self-incrimination be waived? production of other evidence in his behalf.
The right against self-incrimination may be waived, either directly or by a failure This is waivable right. This is the right of the accused to have a subpoena and/ or
to invoke it, provided the waiver is certain and unequivocal and intelligently a subpoena duces tecum issued in his behalf in order to compel the attendance
made. Thus, the accused who takes the witness stand voluntarily and offers of the witnesses and the production of other evidence.
testimony in his behalf may be cross-examined and asked incriminating
questions on any matter he testified to on direct examination. If a witness refused to testify when required is in contempt of court. The
court may order a witness to give bail or to be arrested.
What is the effect of denial of privilege against selfincrimination?
In Chavez v. CA, when the privilege against selfincrimination is violated outside 8. To have speedy, impartial and public trial.
of court, say, by the police, then the testimony, as already noted, is not admissible
under the exclusionary rule. When the privilege is violated by the court itself, This is non-waivable.
that is, by the judge, the court is ousted of its jurisdiction, all its proceedings are
null and void, and it is as if no judgment has been rendered. What is meant by speedy trial?
The term "speedy" means free from vexatious, capricious and oppressive delays.
6. To confront and cross-examine the witnesses against him at the trial. Either The factors to be considered are: ( T L R A P )
party may utilize as part of its evidence the testimony of a witness who is a. Time expired from the filing of information
deceased, out of or can not with due diligence be found in the Philippines, b. Length of delay
unavailable or otherwise unable to testify, given in another case or proceeding, c. Reasons for the delay
judicial or administrative, involving the same parties and subject matter, the d. Assertion or non-assertion of the right by the accused
adverse party having the opportunity to cross-examine him. e. Prejudice caused to the defendant

Confrontation in criminal law is the act of setting a witness face-to-face with the Republic Act No. 8493 [The Speedy Trial Act]
accused so that the latter may make any objection he has to the witness, and the Provides, among others, that the arraignment of an accused shall be held within
30 days from filing of the information, or from the date the accused has
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Rule 115 Rights of Accused
MAD Notes

appeared before the justice, judge or court in which the charge is pending, 9. To appeal in all cases allowed and in the manner prescribed by law. (1a)
whichever date last occurs. The right to appeal is mere statutory right. May be waived.
However, when death penalty is imposed, such right cannot be waived as
Thereafter, where a plea of not guilty is entered, the accused shall have at least the review of judgement by the SC is automatic and mandatory.
15 days to prepare for trial. The accused may not be allowed to appeal until he submits to the jurisdiction of
the court or otherwise arrested within 15 days from the notice of judgment to
Trial shall commence within 30 days from arraignment as fixed by the court. him.
In no case shall the entire trial period exceed 180 days from the first day of
trial, except as otherwise authorized by the Chief Justice of the Supreme Court.

R. A. 8493 is a means of enforcing the right of the accused to a speedy trial. The
spirit of the law is that the accused must go on record in the attitude of
demanding a trial or resisting delay. If he does not do this, he must be held, in
law, to have waived the privilege

Effects of denial of right to speedy trial


Remedy of an accused when theres a violation of right to speedy trial is dismissal
which is equivalent to acquittal, thus double jeopardy applies or habeas corpus
if detained.

What is meant by impartial trial?


The accused is entitled to cold neutrality of an impartial judge, one who is free
from interest or bias.

What is public trial?


The trial must be public it possesses that character when anyone interested in
observing the manner of a judge conducts the proceedings in his courtroom may
do so.

Exceptions:
1. Evidence to be produced is offensie to decency or public morals.
2. Upon motion of the accused.

Note: A public trial is not synonymous with a publicized trial; it only implies
that the court doors must be open to those who wish to come, sit in the
available seats, conduct themselves with decorum and observe the trial
process.

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