VILLASORDA, ISRAEL JIRE R 3C4 BSCRIM Thankyou so much po Atty. I am always grateful to have you as my mentor. You were so generous with your time and efforts. Thank you for being a great teacher and here are the summary of what I've learned for the lesson proper: Rule 115 Rights of the accused- this will provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the Accused at the Trial Rights to presumed innocent • It's known as the presumption of innocence. A person accused of a crime is deemed innocent until and unless he is proven guilty beyond a reasonable doubt of the crime charge. Presumption of innocence indicates that a person cannot be punished until due process is followed and a court of law declares the accused guilty. Mere accusation is not the same as a conviction, only a court of law has the jurisdiction to convict the accused of the crimes or charges leveled against him. Neither law enforcement nor prosecutors have the authority to declare that the accused is guilty of a crime. The constitution gives the courts of law the authority or ability to convict the accused, only the courts of law can convict an accused. Because of the presumption of innocence, the accused does not have to prove his innocence, and it is the obligation or burden of the prosecution to prove all of the elements of the crime charge. Right to be informed of the nature and the cause of the accusation against him • The accused has the right to know what is being charged against him, and the accused also has the right to know the reason for the accusation. No one can be detained without first knowing what the legal offense is for which he is being detained. It's more about the information that needs to be delivered or provided to the accused. Right to present and defend in person and by counsel at every stage of the proceedings • The accused has the right to be present during the pendency of a criminal case. The accused may not be barred from participating in or observing the trial of his case by the court. The accused has the right to participate in the proceedings. At all stages of the proceedings, the accused has the right to defend himself in person and through counsel. Right to counsel • The accused will be able to select his own independent and qualified counsel or attorney. You cannot deprive an accused the right to speak with or consult with his lawyer during a trial because an accused has the right to counsel, which means the right to be represented by a lawyer. A lawyer can see his client at any time of day or night. A lawyer's right to representation by his counsel cannot be taken away, you cannot prevent the lawyer from confiding with his client with absolute confidentiality pursuant to the right of the accused to counsel. Right to testify as a witness in his own behalf • If the accused want to clear his name and show his innocence, he may testify alone. You can't stop the accused from testifying in his own defense. Right against self-incrimination • It refers to the fact that a person cannot be forced to testify against himself. You can't make someone admit to the charges put against him. The accused has the right to confront and cross-examine witnesses against him at trial Right to confront and cross examine witnesses against him at trial • Cross-examination against you will always be conducted by defense counsel, not because it is the lawyer's responsibility, but because the accused has the right to cross-examine all witnesses against him during the trial. Right to compulsory process • Because most accused people are deprived of their liberty, they are unable to obtain evidence for their defense. The accused might request that the court issue a compulsory process, often known as a subpoena duces tecum or a subpoena ad testificandum. “subpoena duces tecum” means an order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense. Right to a speedy, impartial and public trial • The accused has a right to a speedy trial, which is one that is free of continuances and other unnecessary delays. He also has a right to an impartial trial, as well as the impartiality and neutrality of a judge. The impartiality and cold neutrality of a judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as a code neutral officer of the court and a public trial. The cases will be conducted with the view of the public so the right to speedy impartial and public trial is exercised.
Right to presumed innocent General Rule - Accusation is not synonymous with guilt. The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. It means that even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal. Exemption • Self-defense is one of the justifying circumstances, as the accused committed the offense while acting on legal defenses. One of the grounds is self-defense, as the accused committed the crime while acting on legal defenses. When it comes to self-defense it has unlawful aggression on the part of the victim. Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Reverse trial- reverse trial happens if the accused admits the killing but claims self-defense. Equipoise rule- evidence of the prosecution is evenly balance with the evidence of the accused. Accused's right to be informed- the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with. Instances when the presence of the accused is mandatory in criminal proceedings - During arraignment the information will be read to the accused and he will be asking whether his pleaded guilty or not guilty. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative. When the order by the court for purposes of identification. Identification- The witness for the prosecution will have to point to the person of the accused, he needs to identify who is the accused. Waiver of right to be informed- the right to be informed may not be waived. It is a basic right of the accused to be informed of the nature and cause of the accusation against them. Effects of waiver of the right to appear by the accused - When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. The court can decide even without the accused's evidence. Accused's refusal to testify General Rule- the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination - The accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination- The state will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived. Confrontation- The accused has the right to question witnesses in person. The accused has the right to have a summons issued in his name to compel the presence of witnesses and the production of other evidence. Right to compulsory process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Trial by publicity- The right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation Custodial investigation- It is the questioning of a person by law enforcement agents after he or she has been taken into custody or otherwise deprived of significant freedom of activity. Rights of the persons under custodial investigation 1. Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation for an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him
Violanda, Venus M. 3C2 In this video lecture, I’ve learned and understood the Rights of the accused (Rule 115) 1.right to be presumed innocent - which the accused cannot be punished without the rights of due process and only the court of law can convict the accused. 2.right to be present and defend in person - which the accused have the right to present himself for defending himself. 3.right to counsel - the accused has the right to choose an independent and competent counsel, and the lawyer can visit any time of day and night by his client for conferring of his case. 4.right to testify as a witness - the accused cannot prevent from testifying himself ONLY THE COURTS OF LAW CAN CONVICT A ACCUSED WITHOUT CONVICTION OF THE LAW THE ACCUSED PRESUMED INNOCENT. RIGHT AGAINST SELF INCRIMINATION- a person may not be compelled to testify against himself 1.right against self-incrimination - The accused may not be compelled to testify himself 2.right to confront and cross-examine the witness - The accused has the right to confront and cross-examine the witness during the trial. 3.right to compulsory process -the accused may be asked for an order to subpoena a document and person for his production of case. 4.right to speedy impartial and trial - The accused have the right to unnecessary delayed, the neutrality of the judge, and view of the public during the trial. 5.right to appeal on all cases - allowed by law and in the manner prescribed by law- The right to appeal his case unless and until proven of his guilt. RIGHT TO PRESUMED INNOCENT -Conviction should be based on the strength of the prosecution and not on the weakness of the defense -as long as the evidence is weak it goes to acquittal Exception: •Self defense- when the accused committed a crime acting with lawful defense • Certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused REASONABLE DOUBT- absolute certainty is not demanded by the convicted criminal but moral certainty required EQUIPOISE RULE- evidence of the prosecution is equally balanced with evidence of the accused REVERSE TRIAL- if the accused admits the killing but claim self-defense ACCUSED'S RIGHT TO BE INFORMED- the accused must be informed of what offense that he is being in charge with. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person; 2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him 3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made 6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer 7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same 8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel 9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
AREVALO, NIKKA BABES B. 3C2 Thank you, Sir! This is a summary of what I’ve learned on this topic. Rule 115 THE RIGHTS OF THE ACCUSED. RIGHTS TO PRESUMED INNOCENT - It means that unless a person accused of a crime is proven beyond a reasonable doubt is guilty of the crime charge then he is to be presumed innocent. - Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. - A mere accusation is not equivalent to a conviction, only the court of law can convict the accused of the crimes charged against him, not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. - The constitution has the power to convict the accused to the courts of law. Only the courts of law can convict an accused. Without conviction of law, the accused is still innocent. RIGHT TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM. - No person can be detained without information regarding the violation of the law. The accused should be informed of whatever is being charged against him. The accused has the right to be informed regarding the cause of the accusation against him. RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS - The accused has the right to be present and defend himself. The court cannot exclude the accused from participating or observing the trial of his own case. RIGHT TO COUNSEL - That the accused will have the right to choose an independent and competent counsel or attorney of his own choice. No one can deprive the accused of talking to his lawyer because an accused during the trial has the right to counsel a right to represent by his lawyer. RIGHT TO TESTIFY AS A WITNESS ON HIS OWN BEHALF - The accused has the right to clear his name, proving his innocence by testifying as a witness on his own behalf. A person cannot be forced to testify against himself. RIGHT AGAINST SELF-INCRIMINATION - it means a person may not be compelled to testify against himself. That person cannot be forced to admit and testify against himself. RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES AGAINST HIM AT TRIAL - The accused can cross-examine the witnesses that are against him through counsel. RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL - The accused has the right to a speedy trial (a trial free from continuance and unnecessary delay. - The accused has the right to an impartial trial, impartiality, and called neutrality of a judge (That the judge would not presume the accused to be guilty of the criminal charge but the judge must be sitting in his position as called a neutral officer of the court). - A public trial meaning the cases will be conducted with the view of the public. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW RIGHT TO PRESUMED INNOCENT GR: the accusation is not synonymous with guilt. The presumption of innocence must be overcome by evidence of guilt beyond a reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. (The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond a reasonable doubt. Said by the supreme court “Conviction should be based on the strength of the prosecution and not on the weakness of the defense”) - In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. The legislature may enact that when certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused and shift the burden of proof Reasonable doubt - is the doubt endangered by an investigation of the whole proof and an inability after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Equipoise Rule- where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. Reverse Trial - happens if the accused admits the killing but claims self-defense. Accused's right to be informed- the right requires that the information should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged. WAIVER OF RIGHT TO BE INFORMED - The right to be informed may not be waived - It is a basic constitutional right of the accused to be informed of the nature and cause of the accusation against them. Instances when the presence of the accused is mandatory in criminal proceedings 1. During arraignment - the information will be read to the accused and he will be asked whether he pleaded guilty or not guilty. 2. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative 3. When the order by the court for purposes of identification (the witness for the prosecution will have to point to the person of the accused). WAIVER OF RIGHT TO BE PRESENT DURING THE TRIAL Right to be present may be waived by: - A waiver pursuant to the stipulation set forth in his bail - 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; and - If the accused jumps bail, such be an automatic waiver of the right to be present on all subsequent trial dates until custody over him is regained.
There are the topic that i learned a lot regarding to Rights of the accused of rule 115. Presumption of innocent a person accused for a crime a person should not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Right to be informed of the nature and the cause of accusation against him. It means that whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection.
RULE 115 - RIGHT OF THE ACCUSED Right to be presumed innocent - it is his right not tO be labeled as criminal. It is also called presumption of innocence which means he will remain innocent until the court has proven his guilt. Right to be informed of the nature and the cause of the accusation against him - the accused should be informed about the accusations/charged against him. Right to be present and defend in person and by counsel at every stage of the proceeding- he himself is allowed to defend himself and have own defender in every court proceedings.
Right to counsel- right to have a lawyer who will assist him in his defense. Right to testify as a witness in his own behalf - no one is allowed to prevent the accused person in testifying himself. Right against self-incrimination- it is the accused person's right not to be forced by someone/government to testify against himself. Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel. Right to compulsory process - The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum or subpoena ad testificandum Right to a speedy, impartial and public trial- the accused can ask the court to dismiss the case, especially when the trial took a long time period without presenting any evidence against him. Right to appeal on all cases allowed by law and in the manner prescribed by law Thank ypu po, Atty. SABONG, ROVILYN M. BS.CRIM 3C3
Coronado,Jane hyacenth A. 3C4 thank you sir . this is the summary of the discussion also the additional information that I learned in this video recorded lecture Rule 115 it will provide the enumeration of the different Rights of the accused -Right of the accused at trial are the presumption of innocence means that person may not be punished without the observation of due process and court of law pronounced he is guilty, informed the nature of the cause of accusation, right of the accuse to be present and depend by counsel, right to counsel means that accuse will have the right to choose an independent attorney of his choice and the accuse right to testify a witness in his own behalf means that if the accused want to prove his innocence then he can testify on his own, right against self-incrimination means that person cannot be force to testify against him, right to compulsory process, right to a speed, impartial and public trial and right to appeal on all cases. why a defense counsel object to a motion for postponement ? guaranteed by rule 115 the accuse has the right to speedy trial a trial free from continuance and unnecessary delay. even if the accused will not present evidence as long as evidence of guilt is weak and the accuse entitled to unacquital because conviction is base on the strength of prosecution and not on the weakness on the defense. there is exemption in the right to be presumed innocent in case of self defense under art 11 of RPC the justifying circumstances is self defense is when accuse committed a crime and acting upon lawful defense. but if the accused is acted in the self defense it will have a defense trial because the accused admitted the commission of the crime in reverse trial the accused will present his evidence and the accused will only prove his lawful defense . -Reasonable doubt means doubt engendered by an investigation of the whole truth proof. -Equipoise rule the evidence of both parties in criminal case is evenly balanced will be favor to accuse for not acquittal -reversed trial happens if the accused admits the killing but claims of self defense - Accused right to be informed of what is the offense of what violation he violate and right to be informed may not be waived -instances when the presence of the accused is mandatory in criminal proceedings during trial, promulgation of judgement and identification . - the accused can waive his right to be present during the trial if there is was a waiver but the absence of the accused without justifiable cause at trial of which he had noticed shall be a waiver of his right to be present there at and if the accused jumps bail. -when the accused waive his right his right to appear during trial it is equivalent to right waiver to present evidence . -right against self-incrimination the accuse may not be compelled to testify against himself and include only testimonial evidence but real evidence and physical evidence are not included in the right against self incrimination. -Confrontation the accused has the right to confront witnesses face to face so the latter may make any objection. - if the testimony of the witnesses has been given in court but subsequently he dies or became unavailable the testimony may be use as evidence if the witness under go a cross examination before dying but if not the testimony will have no probative value. - right to compulsory process subpoena ad testificandum or subpoena duces tecum these are the right of the accused to move for the issuance of compulsory orders in his behalf in order to compelled the attendance of witnesses -if the court give a subpoena and did not appear in court the witness the court can give him a bail or order bail . facts to be considered to determine whether the right to speedy trial has been violated is length of delay, reason for delay, accused assertion or prejudice to the accused resulting from the delay. - the accused can dismiss a trial because of the violation of speedy trial. - Trial by publicity is not incompatible with free press - right of the accused under custodial investigation first custodial investigation is the questioning initiated by law enforcement authorities after a person is take. into custody . this is the right of the person under custodial investigation person need to have a information and the reason of the arrest and inform his miranda rights to remain silent and right to be assisted at all times and have the presence of competent lawyer. right to communicate or confer by most expedient means. -importance of the right to counsel in custodial investigation if there is no lawyer the government must provide them a lawyer but if they are not going to give them it will not be continued and cannot be detained. - Distinction between right to counsel during trial and rights to counsel right to counsel during trial means the right of the accused to an effective counsel while the right to counsel during custodial investigation requires the presence of competence counsel.
TUBOG, MARIEL ANNE O. 3C2 In this lesson, I have learned particulary the rights of the accused at the trial such as the right to be presumed innocent which means that the person is still innocent until proven guilty of the crime he was charged for; right to be informed of the nature and the cause of the accusation against him, there are people who are ignorant of the laws that is why they don't know what is the charged they are about to serve so they must know its nature and extent; right to be present and defend in person and by counsel at every stage of the proceeding- the accused has the right to participate and present himself at the trial without any discrimination; right to counsel- any accused has the right to bring a competent and indepent counsel of his choice to represent him at any trial ; right to testify as a witness in his own behalf- If the accused would want to clear his name and prove his innocence, he can testify on his own behalf; rights against self-incrimination- a person may not be compelled to testify against himself. Nobody can force the accused to admit the charges against him; right to confront and cross examine witnesses against him at trial- the accused can cross examine the witness against him through counsel; right to compulsory process- the accused may ask the court to issue its compulsory process which is called the subpoena; right to a speedy, impartial and public trial- the accused has the right to speedy trial; it is a trial free from continual and unnecessary delay; and right to appeal on all cases allowed by law and in the manner prescribed by law. Right to be presumed innocent- the quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Reasonable doubt refers to absolute certainty which is not demanded by law to convict any criminal charge but moral certainty is required as to every proposition of proof of requisite to constitute the offense. Equipoise Rule- the evidence of the parties in a criminal ease is evenly balanced. Reverse Trial- this happens if the accused admits the killing but claims self defense. Accused's right to be informed- the right requires that the information should state the facts and circumstances constituting the crime charged in terms of sufficient to enable a person of common understanding to know what offense is being charged. Waiver of right to be informed- the right to be informed may not be waived. I also learned the effects of waiver of the right to appear by the accused: It is also a waiver to present evidence; prosecution can present evidence despite the absence of the accused; and the court can decide even without accused's evidence. These are all the summary of what I have learned in this video recorded lecture. Thank you sir and Godbless!
PRIOL, DARWIN J. 3C2 GOOD DAY SIR/ATTY. This is the summary what I've learned in this video lecture. RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond an inexpensive doubt, and also the burden lies on the prosecution to beat such presumption by representing the quantum of evidence required, the conviction should be supported the strength of the prosecution and not on the weakness of the defense Right to learn of the character and also the explanation for the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable someone of common understanding to understand what offense is being charged. Right to be present and defend face to face and by counsel at every stage of the proceeding, the accused has the proper to be present or the court might not exclude the accused from participating or observing the trial of his case. Right to counsel- a defendant features a right to possess the help of counsel and, if the defendant cannot afford a lawyer, requires that the govt. appoint one or pay the defendant's legal expenses. the correct to counsel is usually thought to be a constituent of the proper to a good trial. Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection. Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf so as to compel the attendance of a witness and therefore the production of other evidence. Right to appeal on all cases allowed by law and within the manner prescribed by law Reasonable doubt is that the doubt engendered by an investigation of the full proof and an inability after such investigation to let the mind rest easy upon the knowledge of guilt, absolute certainty isn't demanded by law to convict of any criminal charge but moral certainty is required on every proposition of proof requisite to constitute the offense Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one in every of which is in keeping with the innocence of the accused and therefore the other in step with his guilt, then the evidence doesn't fulfil Reverse trial - Usually in most cases, the prosecution first presents its evidence to determine the guilt of the accused, and also the defense follows thereafter. But this can be reversed when the accused admits the killing but claims self-defense. Right of an individual under custodial investigation - The person arrested, detained, invented, or under custodial investigation must be told in a very language known to and understood by him of the rationale for the arrest, and so he must be shown the warrant of arrest, if any, every other warning information or communication must be during a language known to and understood by said person. -He must be warned that he contains a right to stay silent which any statement he makes could also be used as evidence against him. -He must learn that he has the proper to be assisted in the least times and have the presence of an independent and competent lawyer, preferably of his own choice. -He must learn that if he has no lawyer or cannot afford the service of a lawyer one are provided for him which a lawyer may be engaged by a person in his behalf or is also appointed by the court upon petition of the person arrested or one acting in his behalf. -That whether or not the person arrested includes a lawyer, he must be told that no custodial investigation in any form shall be conducted except within the presence of his counsel or after a sound waiver has been made. -The person arrested must be told that at any time he has the proper to speak or confer by the foremost expedient means - telephone, radio, letter or messenger, - together with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to make sure that this is often accomplished -He must be told that he has the correct to waive any of said rights provided it's made voluntarily, knowingly, and intelligently and make sure that he understood the identical. 8. If the person arrested waives his right to a lawyer, he must be told that it must be worn out writing and within the presence of counsel, otherwise, he must be warned that the waiver is void whether or not he insists on his waiver and chooses to talk. -That the person arrested must be told that he may indicate in any manner at any time or stage of the method that he doesn't wish to be questioned with a warning that when he makes such indication the police might not interrogate him if the identical had not yet commenced or the interrogation must case if it's already begun. -The person must learn that the waiver of his right to stay silent, the correct to counsel, or any of his rights doesn't bar him from invoking it at any time during the method, no matter whether he may have answered some questions or volunteered some statements. -He must even be informed that any statement or evidence because the case could also be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or partly shall be inadmissible conspicuous . hour- Light penalties 18 hour-correctional penalties 36 hour- Afflictive penalties or capital penalties. Requisite for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation. -It shall be in writing and signed by the person arrested, detained, or under custodial investigation. -It must be signed in the presence of his counselor in the latter’s absence upon a valid waiver and -In the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen.
TULAWE, RICO O. BSCRIM-3C1 Good day atty. In this particular lecture series I’ve learned about Rights of the Accused, Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused during trial. -Rights of accused at the trial Right to be presumed innocent or presumption of innocent is unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. Presumption of innocent A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. Right to be informed of nature and the cause of the accusation against him - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. Right to be present and defend in person and by counsel at every stage of the proceeding - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. Right to testify as a witness in his own behalf - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. Rights against self-incrimination the person may not be compelled to testify against himself. You cannot force a person to admit the charges filed against him. Right to confront and cross examine witnesses against him at trial the accused can cross-examine the witness against him through counsel. He has the right to confront the witnesses against him during trial. Right to compulsory process - Most accused is deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused can ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum. (order of the court requiring a person to give testimony) Right to a speedy, impartial, and public trial - The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to be presumed innocent - Conviction should be based on the strength of the evidence of prosecution and not on the weakness of the defense. EXCEPTIONS In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. The reverse trial where the accused is presumed guilty unless proven innocent because of his admission of the guilt. Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Equipoise Rule - the evidence of the prosecution is evenly balance with the evidence of the accused. In case Evenly balance the costitution in favor of the accused, entitled of acquittal. Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense. Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with. It is necessary to informed the accused of the nature of the crime committed. Waiver of the right to be informed - The right to be informed may not be waived. Effects of the waiver of the right to appear by the accused. When the accused waived his right to appear during trial, It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia, the court can decide even without the accused's evidence. Accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against him. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination - the State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived. Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Note: If the witness refuses to testify when he is required, the court should order the witness to bail or order his arrest, if necessary failure to obey subpoena to amount to contempt of court. Facts to be considered to determine whether the right to speedy trial has been violated; -length of the delay -Reason for the delay -the accused assesrtion or non-assertion of the right -prejudice to the accused resulting from the delay. Denial of the right to speedy trial is a ground for dismissal -the case against detained accused may be dismissed on the ground of the right to speedy trial on the event of the failure to observe the time limits. Rights of the persons under custodial investigation Custodial investigation happen if the investigator will invite the person and ask the same about the crime happened and there is deprivation of his liberty. And the question is not general inquiry. 1. Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation 2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and; 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
SUBIJANO, ARLENE V. BS CRIMINOLOGY -3C3 In this lesson, I've learned that: In RULE 115 - Rights of the Accused Rights of Accused at the Trial • Rights to be presumed innocent. Presumption of innocence - means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. - means that a person may not be punished without the observations of due process and without the court of law pronouncing the accused as guilty. - the conviction should be based on the strength of the prosecution and not on the weakness of the defense. REASONABALE DOUBT is the doubt endangered by an investigation of the whole proof and an inability. EQUIPOISE RULE the evidence in the prosecution is either balance. The accused are entitled to an act of acquittal. REVERSE TRIAL happens if the accused admits the killing but claims sf - defense. • Right to be informed of the nature and the cause of the accusation against him. - no person can be detained without the information regarding; what is the violation of law for which he is being detained for - more on the information to be given or to be furnished to the accused - facts and circumstances. - may not be waived Three instances when the presence of the accused is mandatory in criminal proceedings 1 during arraignment the information will be read and ask if it guilty or not guilty. 2 promulgation of judgment except when the conviction is for alight offense 3 identification the witness for the prosecution will have to point to the person or accused. Waiver of right to be present during trial - set forth in bail - absence of the accused without justifiable cause - accused jumps bail • Right to be present and defend in person and by counsel at every stage of the proceeding. • Right to counsel. - day and night a lawyer can visit his client • Right to testify as a witness in he’s own behalf. - f the accused would like to clear his name, he wants to prove his innocence the he can testify by and on his own. • Right against self - incrimination - self-incrimination a person may not be compelled to testify against himself • Right to confront and cross examine witnesses against him at trial. - the accused can cross - examine the witnesses against him through a concept • Right to compulsory process - issuance of subpoena ad tescificandum or subpoena duce’s tecum - if a witness refuses to testify when he required, the court should order the witness to give bail or order his arrest, if necessary. - failure to obey a subpoena amounts to co tempt of court. • Right to a speedy, impartial and public trial. - the right to a speedy trial it is a trial free from continuance and unnecessary delay - the right to impartial trial the impartiality and cold neutrality of a judge. Facts to be considered to determine whether the right to speedy trial has been violated - length of the delay - reason for the delay - the accused assertion or non assertion of the right - prejudice to the accused resulting from the delay TRIAL BY PUBLICITY - not incompatible with free press • Right to appeal on all cases allowed by law and in the manner prescribed by law. Right of Persons Under Custodial Investigation CUSTODIAL INVESTIGATION - Questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprive of his freedom of action in any significant manner. Right of Persons Under Custodial Investigation 1. the person arrested, detained, invited or under custodial investigation must be informed on a language known to understood by him of the reason for the arrest and he must be shown the warrant of arrest. 2. he must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against hi. 3. he must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. he must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him 5. he must be informed that no custodial investigation in any form shall be conducted except on the presence of his counsel or after a valid waiver has been made. 6. he has the right to communicate or confer by the most expedient means 7. he has the right to waive any of said rights provided it is made voluntarily. 8. done in writing and in the presence of counsel 9. he may indicate in any manner at any time of the process that he does not wish to be questioned with warning 10. his initial waiver of his right to remain silent 11. he must also be informed that any statement or evidence as the case may be obtained in violation of any of the foregoing. Thank you po sir.
DEL MUNDO, SHAINA D. 3C4 This is the summary of what I've learned; The rights of the accused are protected under Rule 115. Until proven guilty, the accused has the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation leveled against him, to have a speedy, impartial, and public trial, to meet witnesses face to face, and to have mandatory process to ensure witness attendance and the production of evidence in his favor. The presumption of innocence means that a person may not be punished without following due process and without a court of law declaring the accused guilty. In other words, a mere accusation is not the same as a conviction; only a court of law can convict the accused of the crimes or the crime charge against him. The constitution vests the authority or power to convict the accused in the courts of law, and only the courts of law can convict an accused, hence a person is presumed to be innocent until and until they are found guilty by the courts of law. So that the accused does not have to establish his innocence, but because of the presumption of innocence, the accused does not have to prove his innocence, but it is the Prosecution's obligation or burden to prove all aspects of the crime accusation.
BICOMONG,RYAN GIMEL M. good day sir ,this is what i learn from this topic. Here are my key points about the rights of 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.
Good Day Atty.! Thank you for this lesson. This is the summary of what I’ve learned; Rights of the Accused Rule 115 - Provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the accused at the Trial *Rights to presumed innocent - This is what we call as presumption of innocence. (Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent.) - Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. - A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. (Only the courts of law can convict an accused.) *Right to be informed of the nature and the cause of accusation against him - It means that whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. *Right to present and defend in person and by counsel at every stage of the proceedings - During the pendency of the trial of a criminal case the accused has the right to be present. In other words the court may not be exclude the accused from participating or observing the trial of his case. What is at stake? Is the liberty of the accused then he has the right to participate in the proceedings, he has the right to attend the hearings and he has the right to be present thereat. *Right to counsel - It means that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer you cannot deny that right. *Right to testify as a witness in his own behalf - This means that if the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for himself. *Right against self-incrimination when you say self - Incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. *Right to confront and cross examine witnesses against him at trial - The accused can cross examine the witnesses against him through a counsel and during trial. Because it is the right of the accused to cross examine witnesses against him. *Right to compulsory process - Remember that most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. - Subpoena duces tecum means order of the court requiring a person to produce documents. *Right to a speedy, impartial and public trial - The accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. - Aside from that he also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. - A public trial meaning the cases will be conducted with the view of the public. *Right to appeal on all cases allowed by law and in the manner prescribed by law. Right to Presumed Innocent General Rule; - Accusation is not synonymous with guilt - The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. - Conviction of the accused should be based on the strength of the prosecution and not on the weakness of the defense. This means that even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal. Exemption; - One of the justifying circumstances is self-defense is the accused committed the crime acting upon lawful defenses. - In cases of self-defense - the person invoking self-defense is presumed guilty because of the acts constituting the crime. In this case, a reverse trial will be held. - Reverse trial - the first one who will present evidence is the accused instead of the prosecution because the accused admit the crime. Reasonable Doubt - The doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof to requisite to constitute the offense. Equipoise Rule - The evidence of the prosecution is evenly balance with the evidence of the accused. - The constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. Reverse Trial - A reverse trial happens if the accused admits the killing but claims self-defense. - He must first establish the elements of self-defense in order to overturn the presumption that he was guilty of the offense. Accused's Right to be informed - The accused must be informed of what is the offense that he is being charged with. Waiver of Right to be informed - The right to be informed may not be waived. - It is a basic right of the accused to be informed of the nature and cause of the accusation against them. - Which is why you have to inform the accused of the facts and circumstances constituting the crime in order to enable a person of common understanding to know what offense is being charged. Instances when the presence of the accused is mandatory in criminal proceedings *When the order by the court for purposes of identification - The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. *During Arraignment (Sec. 1 (b), Rule 116) - The information will be read tot the accused and he will be asked if he is guilty or not. *Promulgation of judgment - Except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative. Waiver of the right to be present during the trial *Right to be present may be waived by; - A waiver pursuant the stipulation set forth in his bail - Absence of the accused without justifiable cause - If the accused jumps bail Effects of the waiver of the right to appear by the accuse - When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. (The case will continue even if the accused is not present or known as trial in absentia.) Accused's refusal to testify General Rule - The silence of the accused should not be used against him Exception - When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination General Rule - The right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused. - Self-incrimination the accused may not be compelled to testify against himself. - The right against self-incrimination includes only testimonial evidence. Purpose of the right against self-incrimination -The State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer then such right can be waived. Confrontation - The accused has the right to confront witnesses face to face. - The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. Rule regarding the testimony of a witness who dies or becomes unavailable - If the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence - If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value. Right to compulsory process - This are the accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. . Note; - If a witness refuses to testify when he is required, the court should order the witness to give bail or order his arrest. Facts to be considered to determine whether the right to speedy trial has been violated - Length of the delay - Reason for the delay - The accused assertion or non-assertion of the right - Prejudice to the accused resulting from the delay Denial of right to speedy trial a ground for dismissal - The case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe the time limits. Trial by Publicity - The right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation Custodial Investigation - It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Note; - Invitation to a person who is in connection with an offense he is suspected to have committed, without prejudice to die liability of the inviting officer for any violation of law. *Rights of the persons under custodial investigation - Reason for the arrest and he must be shown the warrant of arrest; - He must be warned that he has a right to remained silent and that any statement he makes may be used as evidence against him; - He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice; - He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; - That whether or not the person arrested he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made; - The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer; - He must be informed that he has the right to waive of any said rights; - If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. - He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Importance of the right to counsel in custodial investigation - Is so vital that under existing law, in the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provision of Art. 25 of the RPC. Note; - The purpose of providing counsel to a person under custodial investigation is to curb the uncivilized practice of extracting a confession. Waiver of right to counsel during trail - It can be waived when the accused voluntarily submits himself to the jurisdiction of the court and proceeds with his defense. Accused to defend himself without the aid of a counsel - Only which it sufficiently appears that he can properly protect his right without the assistance of the counsel. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation *For an extrajudicial confession to be valid the following must concur; - It shall he in writing and signed by the person arrested, detained or under custodial investigation; - It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and; - In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him. OSUNA, CHARLENE MAY M. 3C2 BS-CRIMINOLOGY LSPU-SPCC
PASTRANA, KATRINE L. 3C2 RULE 115 THE RIGHTS OF THE ACCUSED - This provides the enumeration of the different constitutional and statutory rights of the accused. RIGHT TO BE PRESUMED INNOCENT (presumption of innocence) - which means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. In addition, this also means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. - A mere accusation is not equivalent to a conviction, only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or the prosecutors. - The constitution vest the authority or the power to convict the accused to the court of law, only the courts of law can convict an accused. So without conviction by the courts of law a person is presumed to be innocent that is why the accused does not have the obligation to prove his innocence but because of the presumption of innocence the accused does not have the obligation to prove his innocence but it the OBLIGATION OR THE BURDEN OF THE PROSECUTION needs to prove all the elements of the crime charge. The accused has the RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION against him. - It means that whatever is being charged of the accused he must be informed and has the right to be informed regarding cause of the accusation against him. - No person can be detained without the information regarding what is the violation of law for which he is being detained for - It is more of the information to be given or to be furnished to the accused. CAUSE OF THE ACCUSATION - What is or what are the exact statement of facts that he allegedly committed because if the accused would not be informed of the nature and cause of the accusation against him he will not be able to intelligently defend himself. - He should be apprised of the nature and cause of accusation against him. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING - During the pendency of the trial of a criminal case, the accused has the right to be present (the court may not exclude the accused from participating or observing the trial of his case since what is at stake is the liberty of the accused). - The accused has the right to participate in the proceedings. - He has the right to attend the court hearings - He has the right to be present there at corollary with such right. - The accused also has the right to defend himself in person and by counsel at every stage of the proceeding. RIGHT TO COUNSEL - The accused will have the right to choose an independent and competent counsel or attorney of his choice. - You cannot deprive the accused if the accused would like to talk to his lawyer. If the accused would like to confer to his lawyer, you cannot deny that right. - He has the right to be represented by a lawyer as a matter of at any time (day and night) a lawyer can visit his client. A lawyer may not be deprived of his representation in a concept as police officers. - You cannot prevent the lawyer from confiding with his client with absolute confidentiality pursuant to the right of the accused to counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF - If the accused would like to clear his name or he wants to prove his innocence then he can testify on his own. - You cannot prevent the accused from testifying for himself. RIGHT AGAINST SELF-INCRIMINATION - Here, self-incrimination means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. - The accused has the right to confront and cross-examine witnesses against him at trial. - The defense counsel will always conduct cross-examination against you, not because that cross-examination is the duty of the lawyer but because the accused has the right to cross-examine all witnesses against him during trial. When a lawyer conducts the cross-examination that duty of the lawyer is not presumed to his obligations as a counsel but pursuant to the right of the accused to cross-examine witnesses against him at trial. RIGHT TO COMPULSORY - Most of the accused during trial can be behind bars, they are detained because most accused are deprived of their liberty and therefore they cannot go out. In order to procure evidence for their defense, the accused can ask the court to issue its compulsory process. - To issue an order (subpoena- order of the court requiring a person to produce documents) if the accused would like to procure a witness for his defense, he can ask the court to issue a subpoena. - The accused can ask the court to issue orders for the production of documents or persons for his defense. RIGHT TO SPEEDY IMPARTIAL AND PUBLIC TRIAL - The accused has the right to a speedy trial which is objections on the motion of the prosecution for postponement. - Why does a defense counsel object to emotion for postponement? Simply because guaranteed by rule 115 the accused has the right to a speedy triad- it is a trial free from continuance and unnecessary delay aside from the fact that he accuses the right to a speedy trial he also has the right to an impartial trial. - The impartiality and cold neutrality of a judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as a code neutral officer of the court and a public trial. Meaning, the cases will be conducted with the view of the public so the right to speedy impartial and public trial is exercised. Here, the right to appeal on all cases allowed by law and in the manner prescribed by law. GENERAL RULE - An accusation is not synonymous with guilt, the presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The constitutional presumption of innocence is an evidence of guilt beyond reasonable doubt. The burden to prove that that the accused is guilty of the crime charge that lies on the prosecution to overcome such presumption by presenting the quantum of evidence (weight of evidence) is required in order to convict the accused whether guilty or guilt beyond reasonable doubt. SUPREME COURT CONVICTION OF THE ACCUSED - It should be based on the strength of the evidence of the prosecution and not on the weakness of the defense - An epic obedient class conviction should be based on the strength of the prosecution and not on the weakness of the defense. Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to adapt it because conviction should be based on the strength of the prosecution and not on the weakness of the defense. EXCEPTIONS TO THE GENERAL RULE ON PRESUMPTION OF INNOCENCE 1. CASES OF SELF-DEFENSE - Under Article 11 of the RPC (JUSTIFYING CIRCUMSTANCES), self-defense is when the accused committed the crime acting upon a lawful defense. - The person invoking self-defense is presumed guilty in this case but a reverse trial will be held. It means that the defense will present evidence ahead of the prosecution and the legislature may enact that when certain facts have been proved they shall have prima facie evidence of the existence of guilt of the accused and shift the burden of proof. - The evidence required to convict the accused is proof beyond reasonable doubt reasonable doubt (doubt engendered by an investigation of the whole proof and an inability after such investigation to let the mind rest easy upon certainty of guilt or absolute certainty is not demanded by law to convict any criminal charge but only mere uncertainty is required as to every proposition of proof requisite to constitute the offense) EQUIPOISE THE EVIDENCE OF THE PROSECUTION - Where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. REVERSE TRIAL - It happens if the accused admits the killing but claims that it is a self-defense. So in any case where the accused will admit the commission of the crime but claim a lawful defense then there will be a reverse trial in which case the accused will present evidence ahead of the prosecution. He must first establish the elements of self-defense in order to overturn the presumption that he was guilty of the offense. - This is the time wherein right to be informed should take charged. The right requires that the information that should state the facts and circumstances constituting the crime charge in terms of its sufficiency, it is to enable a person of common understanding to know what offense is being charged. When you see the right of the accused to be informed (the nature and cause of accusation against him the accused must be informed) of what is the offense that he is being charged to him. If a person is arrested based on an offense which has not been informed of him, then you will violate the right of the accused to be informed of the nature and circumstances. NOTE: Nature and cause of accusation against him may not be waived. You cannot ask the accused to sign a waiver that it does not wish to be informed of the nature and cause of acquisition against him. This is essential since in the Martial Law Era as it highlighted the abuses to the activists. They are being arrested and detained for a couple of weeks and or months because they do not know for which law or for which of a crime did they ever commit. They are just kept in prison not knowing the acts they’ve done.
INSTANCES WHEN THE PRESENCE OF THE ACCUSSED IS MANDATORY IN CRIMINAL PROCEEDINGS ACCUSED’S RIGHT TO BE INFORMED 1. ARRAIGNMENT - The information will be read to the accused and he will be asked whether his plea is guilty or not guilty. 2. PROMULGATION OF JUDGEMENT - Except when the conviction is for a light offense, it may be pronounced in the presence of his counsel or a representative. 3. IDENTIFICATION - The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused especially during trial or direct examination. - Nowadays they are conducting online hearings (automated or video conferencing). EXCEPTION 1. A waiver pursuant to the stipulation set forth in his BAIL. 2. ABSENCE OF THE ACCUSED WITHOUT JUSTIFIABLE CAUSE at the trial of which he had noticed shall be considered as a waiver of his right to be present thereat. 3. The ACCUSED JUMPS BAIL, if you submit such automatic waiver of the right to be present on all subsequent trial dates until custody over him is regained. (This is essential except if you voluntarily surrender to the court) EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED now when the 1. It is also equivalent to a waiver to present evidence. 2. The prosecution can present evidence despite the absence of the accused. 3. The court can decide even without the accused’s evidence. so these are the ACCUSED’S REFUSAL TO TESTIFY GENERAL RULE - The silence of the accused should not be used against him. to EXCEPTIONS 1. When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence. 2. If the evidence of the accused is alibi and he does not testify, the inference is that the alibi is not believable. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION GENERAL RULE - Testimonial compulsion and not the compulsion to real and physical evidence using the body of the accused. - It includes only testimonial evidence real and physical evidence doesn’t belong. EXCEPTIONS 1. Forfeiture of illegally obtained wealth 2. Bribery and graft case PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION is so that - State will not use its coercive powers from extracting from the suspect testimony that may convict him. WAIVER OF THE RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION - If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer, then such right can be waived. CONFRONTATION 1. The act of setting witness face-to-face. 2. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of evidence in his behalf. RULES REGARDING THE TESTIMONY OF A WITNESS WHO DIES OR BECOME UNAVAILABLE - The other party had the opportunity to cross-examine the witness before he died and became unavailable then the testimony may be used as evidence. - If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value. RIGHT TO COMPULSARY PROCESS - SUBPOENA AD TESTIFICANDUM OR SUBPOENA DUCES TECUM (issuance of the compulsory orders in his behalf in order to compel the attendance of witnesses in the production of other evidence). NOTE: If a witness refuses to testify when he is required, the court should order the witness to give his bail or order his arrest if necessary or worse it will amount to contempt of court. FACTS TO BE CONSIDERED TO DETERMINE WHETHER THE RIGHT SPEEDY TRIAL HAS BEEN VIOLATED 1. Length of delay 2. Reason for the Delay 3. The accused’s assertion or non-assertion of the right 4. Prejudice to the accused resulting from the delay DENIAL FOR THE GROUND OF SPEEDY TRIAL A GROUND FOR DISMISSAL - Failure to observe the time limits SERVICE OF SUBPOENA AND NOTICES THROUGH ELECTRONIC MAIL OR MOBILE PHONES (phone calls or short messages) TRIAL BY PUBLICITY - A fair trial is not incompatible with the free press. CUSTODIAL INVESTIGATION - Questioning by the law enforcement authorities (after a person has been taken into custody) and he is deprived of his freedom of action in any significant manner. RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION 1. The person arrested, detained, invited or under custodial investigation must been informed in a language known to or understood by him of the reason for the arrest and he must be shown out the warrant of arrests. 2. Right to remain silent that any statement he makes may be used as evidence against him. 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer one will be provided for him. 5. No custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The right to communicate or confer to the most by the most expedient means. 7. Right to waived. 8. It must be done in writing and in the presence of counsel. 9. The person arrested must be informed that they may indicate in any manner and at any stage of the process that he does not wish to be questioned with warning that once it makes such indication the police may not interrogate him. 10. The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from invoking it at any time during the process whether he may have answered some questions or volunteered some statements. 11. He must also be informed that any statement or evidence as the case may be, obtained in violation of the foregoing whether inculpatory or exculpatory, in whole or in part shall be inadmissible in evidence. IMPORTANCE OF THE RIGHT TO COUNSEL IN INVESTIGATION - The importance of the right to counsel is so vital that under existing law in the absence of any lawyer in a custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of article 125 of the revised penal code. 12 HOURS- Light Penalties 18 HOURS- Correctional Penalties 36 HOURS- Afflictive Penalties DISTINCTION BETWEEN THE RIGHT TO COUNSEL DURING TRIAL AND RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION RIGHT TO COUNSEL DURING TRIAL - The right of the accused to an effective counsel. RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION - Requires the presence of competent and independent counsel of your own choice.
GARING, DOLORES E. (3C4) GOOD DAY SIR! The following are the summary of what I’ve learned from your lesson. (Rule 115 )PROVIDES: Rights of the accused -Rights to PRESUMED INNOCENT Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge, then he is to be presumed innocent. Presumption of innocence means a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. *A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.* -Right TO BE INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION against him Whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. -Right TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS The court may not be excluding the accused from participating or observing the trial of his case. -RIGHT TO COUNSEL The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. -RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF You cannot prevent the accused from testifying for him. The accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. -Right AGAINST SELF-INCRIMINATION SELF-INCRIMINATION means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. -Right TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL The accused can cross examine the witnesses against him through a counsel. -Right TO COMPULSORY PROCESS The accused can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. -Right TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL The accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. -RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW and in the manner prescribed by law Right to presumed innocent The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense *AS A GENERAL RULE, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. -SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION: The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. -PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION- The State will not use its coercive powers from extracting from the suspect testimony that may convict him. -WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before he answer then such right can be waived. -RIGHT TO COMPULSARY PROCESS The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY - the right of the accused to a fair trial is not incompatible with free press. -RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION The questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. RIGHTS OF THE PERSONS UNDER CUSTODIAL INVESTIGATION 1. Reason for the arrest and he nust be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent. 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provide for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation AN EXTRAJUDICIAL CONFESSION TO BE VALID THE FOLLOWING MUST CONCUR: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver; and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
UMALI, ANGELICA JANE M. 3C2 Good day and thank you po Attorney. This is the summary of what I've learned in Rule 115. RIGHTS OF THE ACCUSED RULE 115 RIGHTS OF ACCUSED AT THE TRIAL Right to be presumed innocent -It is also called presumption of innocent. It means that unless and until a person accused of a crime is proven beyond reasonable doubt, guilty the crime charged then he is presume innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to conviction only the court of law can convict the accused of the crime charged of him not even the law enforcement authority or the prosecutor will have the authority to pronounce that the accused is guilty of a crime. The constitution vests the authority or power to convict the accused to the court of law, only the court of law can convict the accused. Without the conviction of by the court of law then the accused is presumed innocent. The accused does not have obligation to prove his innocence but because of the presumption of innocent; but it is the obligation or the burden of the prosecution to prove all the element of the crime charged. Right to be informed of the nature and the cause of the accusation against him; -Whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. Cause of accusation means what are the exact statement of facts that is he allegedly committed. If the accused is not informed of the nature and cause of the allegation against him he will jot able to intelligently defend himself. -No person can be detained without the information regarding what is the violation of law for which he is being detained for. Right to be present and defend in person and by counsel at every stage of the proceeding -during the dependency of the trial of the criminal case the accused has the right to be present, the court may not exclude the accused from participating or observing the trial of his case, what is at stake? It is the liberty of the accused then the accused has the right to participate in the proceeding. He has the right to attend the court hearing and he has the right to present there at. The accused has also a right to defend himself in person and by counsel at every stage of the proceedings. Right to counsel -The accused will have the right to choose an independent and competent counsel or attorney of his own choice. You cannot deprive the accused, if the accused if the accused would like to talk or confer to his lawyer, you cannot deny that right because an accused during trial has the right to be presented by a lawyer. - At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. As a police officer you cannot deprive the lawyer from conferring with his client with absolute confidentiality pursuant to the right to counsel. Right to testify as a witness in his own behalf -If the accused would like to clear his name, he wants to prove his innocence then he can testify by on his own witness. You cannot prevent the accused from testifying for him. Right against self-incrimination -Self- incrimination means that a person may not be compelled to testify against himself. You cannot force a person to admit the charged against him. Right to confront and cross examine witnesses against him at trial -The accused can cross examine the witnesses against him through a counsel. He has the right to confront the witnesses and examine them during trial. If you become witnesses for prosecution the defense counsel will always conduct cross examination against you not because that cross examination is the duty of the lawyer but because the accused has the right to examine all the witnesses during trial. When a lawyer conduct a cross examination that duty of the lawyer is not pursuant to his obligationas a counsel but pursuant to the right of the accused to examined witnesses. Right to compulsory process -Most of the accused during trial can be behind bars, they are detained (PDL PERSONS DEPRIVED OF LIBERTY) because most accused is deprived of their liberty, they cannot go out in order to procure evidence for their defense. The accused can asked the court to issue its compulsory process to issue an order subpoena ducesticum or subpoena ad testificandum. Subpoena ducesticum- order of the court requiring a person to produce document. If the accused would like to procure a witness for his defense, he can ask the court to issue subpoena ad testificandum, this is a compulsory process, an orders from the court pursuant to the right of the accused to compulsory process. The accused can ask the court to issue orders for the production of document or persons for his defense. Right to speedy, impartial, and public trial; and -The accused has the right to speedy trial, the defense counsel always object for motion of postponement because as guaranteed by rule 115, the accused has the right to speedy trial. Speedy trial means it is a trial free from continuous and unnecessary delay. Impartial trial, the judge would not presumed the accused to be guilty of the crime charged but the judge must be seating in his position as code neutral of the court. Public trial means cases would be conducted with the view of the public. Right to appeal on all cases allowed by law and in the manner prescribed by law (sec. 1, Rule 115) RIGHT TO BE PRESUMED INNOCENT -The burden of proof that the accused is guilty of the crime charged lies on the prosecution to overcome such presumption by presenting the quantum evidence required. The quantum of evidence or the weight of the evidence required in order to convict the accused is guilty beyond reasonable doubt -Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal. -Art. 11 of RPC justifying circumstance, self- defense means when the accused committed crime acting upon a lawful defense. In cases of self-defense the person invoking self-defense is presumed guilty, a reversed trial will be held. In self-defense there can lawful aggression in the victim. Because of the unlawful aggression the person to be attack will employ reasonable means to prevent or repeal such act. If you acted in self defense, the accused will admit the crime charged bit in a reason for self defense. Presumed guilty because of his admission. -In reverse trial, the first one who will present the evidence is the accused instead of prosecution. Lawful defense, in self defense the accused is presume guilty and reverse trial will ne held. The defense will presence evidence that is ahead from the prosecution. REASONABLE DOUBT -If there is a reasonable doubt, the accused will be acquitted.
EQUIPOISE RULE -Equal evidence of prosecution and defense, the accused is entitled for acquittal. ACCUSED’S RIGHT TO BE INFORMED -The accused must be informed of what is the offense that he is being charged with. If the person is arrested base on the offense which is not informed of him then you will violate the right of the accused to be informed the nature and circumstances of the charges against him. -Right to be informed of the nature and cause of accusation against him has been highlighted because of the abuses during Martial law Era, where the activist is arrested left and right and detained for a couple of weeks or months and they do not know for which crime they did commit. They just keep in prison or behind bars. You have to inform the accused of the nature and cause of the accusation against him. WAIVER OF RIGHT TO BE INFORMED -You cannot asked the accused to signed a waiver that he does not wish to inform the nature and cause of the accusation against him. INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS During arraignment Sec 1 b Rule 116 -The information will be read to accused a d he will be asked whether his plea is guilty or not guilty Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative (Sec 6, rule 120) and When ordered by the court for purposes of identification (Sec. 1 rule 115) -Identification means the witness for prosecution will have to point the person of the accused. He needs to identify who is the accused. -In the three instances, the presence of the accused is mandatory. WAIVER OF RIGHT TO BE PRESENT DURING TRIAL Right to be present may be waived by: -A waiver pursuant to the stipulation set forth in his bail -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; and - If the accused jumps bail, such shall be an automatic waiver if the right to be present on all subsequent trial dates until custody over him is regained ( sec 1 c rule 115) Jumps bail means there is a notice of hearing but did not attend. If you jump bail, you are waiving your right to be present in all trial dates except when you voluntarily surrender to the court. EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED -It is also a waiver to present evidence *If you do not attend the trial you also waive to present evidence -Prosecution can present evidence despite the absence of the accused; and *Trial in absentia- -The court decides even without accused’s evidence. ACCUSED’S REFUSAL TO TESTIFY -The accused can testify or not except when the prosecution established a prima facie case, the accused must present proof to overturn the evidence. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION -Right against self-incrimination- the accused may not compelled to testify against himself. In right against self- incrimination only include testimonial evidence but real and physical evidence is not included in the scope. WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION -If the accused failed to invoke his privilege on right against self-incrimination after the incriminating question asked and before his answer then such right can be waived. RULE REGARDING THE TESTIMONY OF A WITNESS WHO DOES OR BECOME UNAVAILABLE -If there is a opportunity to cross examine before he die or became unavailable, even if the witness dies, it can used as evidence RIGHT TO COMPULSARY PROCESS -If you receive a subpoena and then you did not obey it will amount to contempt of court and therefore the court can order your arrest. DENIAL OF RIGHT TO SPEEDY TRIAL A GROUND FOR DISMISSAL -If there is no presented evidence, the accused can ask the court to dismiss the case because of the violation of the speedy trial act. If the right to speedy trial was violating, it can be ground for dismissal of the case. CUSTODIAL INVESTIGATION -Stopping the person of freedom of action or deprived of freedom of action. The question being asked is not general inquiry and became specific then considered the person as suspect then the investigation will be considered as custodial investigation. THE IMPORTANCE OF THE RIGHT TO COUNSEL IN CUSTODIAL INVESTIGATION -If no lawyer, as a rule there is no custodial investigation. 12 hours- light penalties 18 hours- crimes punishable by correctional penalties 36 hours- crimes punishable by afflictive or capital penalties
DECASTRO, WENDEL R.- 3C1 Sir. Thank you for the lecture, this are the summary of what I’ve learned RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT Means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused. RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM - Whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING - During the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. RIGHT TO COUNSEL - The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. RIGHTS AGAINST SELF-INCRIMINATION -A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL- The accused can cross-examine the witness against him through counsel. RIGHT TO COMPULSORY PROCESS Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense). REASONABLE DOUBT- Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. EQUIPOISE RULE -The evidence of the prosecution is evenly balance with the evidence of the accused. REVERSE TRIAL - A reverse trial happens if the accused admits the killing but claims self-defense. ACCUSED'S RIGHTS TO BE INFORMED - To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION- Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION - The state will not use its coercive powers from extracting from the suspect testimony that may convict him. WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION - If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. CONFRONTATION The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. RIGHT TO COMPULSORY PROCESS - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY - The right of the accused to a fair trial is not incompatible with free press. Rights of the persons under custodial investigation: 1. Reason for the arrest and he nust be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned.
Thank you, here is the summary of my notes and learning: Rule 115 RIGHTS OF THE ACCUSED It provides for the enumeration of the different constitutional rights of the accused at the trial According to the constitution the rights of the accused must be guaranteed one of them is the Right to be presumed innocent or presumption of innocence wherein unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority bot even the prosecutor will have the authority to pronounce the guilt of a person. The presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. In case of self-defense (act of lawful defense), the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. The legislature may enact that when a certain facts have been proved, they shall be prima facie of evidence of the existence of guilt of the accused and shift the burden of proof. Right to be informed of nature and the cause of the accusation against him, whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. Right to be present and defend in person and by counsel at every stage of the proceeding wherein during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. Right to counsel which is the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer. Right to testify as a witness in his own behalf, if the accused would like to clear his name, he wants to prove he's innocent then he can testify by and on his own. Right against self-incrimination, a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. Right to confront and cross examine witnesses against him at trial; the accused can cross-examine the witness against him through counsel. Right to compulsory process where most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense, the accused may ask the court to issue its compulsory process which we call a subpoena. Right to a speedy, impartial, and public trial - the accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. Public trial in which trial will hold in the view of the public. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to be presumed innocent is a conviction should be based on the strength of the prosecution and not on the weakness of the defense. In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. Reasonable doubt is the absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Equipoise rule is the evidence of the accused is balance. Reverse trial is a reverse trial happens if the accused admits the killing but claims self-defense. Accused's rights to be informed, the accused must be informed of what is the offense that he is being charged with. Waiver of the right to be informed is the right to be informed may not be waived. Effects of waiver of the right to appear by the accused it is a waiver to present evidence; the prosecution can present evidence despite the absence of the accused is the case will continue even the accused is not present; the court can decide even without accused evidence As a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. Rights of persons under custodial investigation The custodial investigation is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation; 2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver; and 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
CAPONPON, ELLIEN H. 3C3 Thank you Sir, this is the summary that what I've learned on your discussion: Rule 115- Rights of the Accused -provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the Accused at the Trial *Rights to presumed innocent -call as presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
*Right to be informed of the nature and the cause of accusation against him -whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding because of the accusation against him. *Right to present and defend in person and by counsel at every stage of the proceedings -during the dependency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. *Right to counsel -the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. *Right to testify as a witness in his own behalf -if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. *Right against self-incrimination -self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. *Right to confront and cross examine witnesses against him at trial -the accused can cross examine the witnesses against him through a counsel. *Right to compulsory process -most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. -subpoena duces tecum - order of the court requiring a person to produce documents. *Right to a speedy, impartial and public trial -the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. *Right to presumed innocent -The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. *Reasonable doubt -absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every preposition of proof requisite to constitute the offense. -Equipoise Rule -the evidence of the prosecution is evenly balance with the evidence of the accused. -Reverse Trial -a reverse trial happens if the accused admits the killing but claims self-defense. *Waiver of the right to be informed -the right to be informed may not be waived. *Effects of waiver of the right to appear by the accused -it is also a waiver to present evidence. *The prosecution can present evidence despite the absence of the accused -the case will continue even the accused is not present The court can decide even without accused evidence. *Can the accused refuse to testify? -As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. *RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION *Custodial investigation -it is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1.) Reason for the arrest and he must be shown the warrant of arrest. 2.) He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him. 3.) He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4.) He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5.) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.) The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer. 7.) He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same. 8.) If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel. 9.) He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur: 1.) It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2.) It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and; 3.) In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
De Luna Jr., Dominador A. 3C4 Thank you, Sir.The following are the summary of your discussion. Those rights below shall be discussed and summarized. RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT Those rights aforementioned above states that, unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused. RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM The accused have the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING From thus instances, during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. RIGHT TO COUNSEL
The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. No one can prevent the accused from testifying for his own to clear his/her name for the accusations. RIGHTS AGAINST SELF-INCRIMINATION A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL The accused can cross-examine the witness against him through counsel. RIGHT TO COMPULSORY PROCESS Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense). RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Public trial in which trial will hold in the view of the public RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW - RIGHT TO BE PRESUMED INNOCENT Conviction should be based on the strength of the prosecution and not on the weakness of the defense. The QUANTUM OF EVIDENCE or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. During the cases of SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. REASONABLE DOUBT Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. EQUIPOISE RULE The evidence of the prosecution is evenly balance with the evidence of the accused. REVERSE TRIAL A reverse trial happens if the accused admits the killing but claims self-defense. ACCUSED'S RIGHTS TO BE INFORMED To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with. INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS During arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative When the order by the court for purposes of identification IDENTIFICATION The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. WAIVER OF THE RIGHT TO BE INFORMED When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present. The court can decide even without accused evidence. ACCUSED REFUSE TO TESTIFY As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION The state will not use its coercive powers from extracting from the suspect testimony that may convict him. WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. CONFRONTATION The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. RIGHT TO COMPULSORY PROCESS The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY The right of the accused to a fair trial is not incompatible with free press. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person; 2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him 3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. Here are the requisites for the validity of an extra judicial confession that was being made by detained, person arrested, and or under custodial investigation. For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation 2. It must be signed in the presence of his counsellor in the latter's absence, upon a valid waiver and; 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel that was being chosen by the accused.
Roque, Alexandra 3C2 Thank you, Sir. The following is what I have learned through the video. RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT Means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused. RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM Whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING During the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. RIGHT TO COUNSEL The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. RIGHTS AGAINST SELF-INCRIMINATION A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL The accused can cross-examine the witness against him through counsel. RIGHT TO COMPULSORY PROCESS Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense). RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Public trial in which trial will hold in the view of the public RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW - RIGHT TO BE PRESUMED INNOCENT Conviction should be based on the strength of the prosecution and not on the weakness of the defense. The QUANTUM OF EVIDENCE or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In case of SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. REASONABLE DOUBT Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. EQUIPOISE RULE The evidence of the prosecution is evenly balance with the evidence of the accused. REVERSE TRIAL A reverse trial happens if the accused admits the killing but claims self-defense. ACCUSED'S RIGHTS TO BE INFORMED To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with. INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS During arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative When the order by the court for purposes of identification IDENTIFICATION The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. WAIVER OF THE RIGHT TO BE INFORMED The right to be informed may not be waived. EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence. The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present The court can decide even without accused evidence ACCUSED REFUSE TO TESTIFY As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION The state will not use its coercive powers from extracting from the suspect testimony that may convict him. WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. CONFRONTATION The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. RIGHT TO COMPULSORY PROCESS The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY The right of the accused to a fair trial is not incompatible with free press. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person; 2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him 3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made 6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer 7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same 8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel 9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned REQUISITES FOR THE VALIDITY OF AN EXTRAJUDICIAL CONFESSION MADE BY A PERSON ARRESTED, DETAINED, OR UNDER CUSTODIAL INVESTIGATION For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation 2. It must be signed in the presence of his counsellor in the latter's absence, upon a valid waiver and; 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
ARBISO, ARVIE D. 3C4 Thank you Sir, this is the summary of what I've learned on your discussion The right to be presumed innocent is referred to as the presumption of innocence, it means that a person accused of a crime is deemed innocent until and unless he is proven guilty beyond a reasonable doubt of the crime accusation. Presumption of innocence indicates that a person cannot be punished until due process is followed and a court of law declares the accused guilty. A false allegation is not the same as a conviction; only a court of law has the jurisdiction to convict the accused of the crimes or charges brought against him; neither law enforcement nor prosecutors have the authority to declare that the accused is guilty of a crime. The courts of law have the authority or capacity to convict the accused under the constitution. An accused can only be found guilty in a court of law. Right to be informed of the nature and cause of the accusation against him means that the accused has the right to know what is being charged against him, as well as the kind and cause of the accusation leveled against him. No one can be detained without first learning what the legal offense is for which he is being arrested. During the pendency of a criminal case's trial, the accused has the right to be present in person and by counsel. The accused may not be barred from taking part in or watching his case being tried by the court. The accused will have the opportunity to select an independent and qualified counsel or attorney. You cannot deny an accused the right to speak with or consult with his lawyer during a trial because an accused has the right to counsel, which means the right to be represented by a lawyer. A lawyer can see his client at any time of day or night. A lawyer's right to representation by his counsel cannot be taken away. Right to testify as a witness in his own behalf- if the accused wishes to clear his name or show his innocence, he has the right to testify alone. You can't stop the accused from testifying in his own defense. Right against self-incrimination-when you mention self-incrimination, you're referring to the fact that you can't be forced to testify against yourself. You can't make someone admit to the charges leveled against him. At trial, the accused has the right to confront and cross-examine witnesses against him through counsel. Right to compulsory process: Because most accused people are deprived of their liberty, they are unable to get evidence for their defense. The defendant can request that the court issue a mandatory process, known as a subpoena duces tecum or subpoena and testificandum.
Mea, Katherine Joy- 3C2 Thank you, Sir. The following is the summary of your discussion. Those rights below shall be discussed and summarized. RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond a reasonable doubt, and the burden lies on the prosecution to overcome such presumption by representing the quantum of evidence required, the conviction should be based on the strength of the prosecution and not on the weakness of the defense Right to be informed of the nature and the cause of the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged. Right to be present and defend in person and by counsel at every stage of the proceeding - the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. Right to counsel- a defendant has a right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Right to testify as a witness on his own behalf- If the accused would like to clear his name, he wants to prove his innocence then he can testify by on his own witness. You cannot prevent the accused from testifying for him. Right against self-incrimination- it means not compelled to testify against himself, it has a right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused and also it extracted from the suspect testimony that may convict him and to avoid a person subject to such compulsion to perjure himself for his own protection. Right to confront and cross-examine witnesses against him at trial- it explains that the accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence on his behalf Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf in order to compel the attendance of a witness and the production of other evidence. Right to a speedy, impartial, and public trial - it is when deals with disposal of cases as soon as possible so as to make the Judiciary more efficient and trustworthy. The main aim of the Right to Speedy trial is to inculcate Justice in society. It is human life that necessitates human rights. Right to appeal on all cases allowed by law and in the manner prescribed by law Reasonable doubt is the doubt engendered by an investigation of the whole proof and an inability after such investigation to let the mind rest easy upon the certainty of guilt, absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfil 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. Right of a person under custodial investigation 1. The person arrested, detained, invented, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest, and then he must be shown the warrant of arrest, if any, every other warning information or communication must be in a language known to and understood by said person. 2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him. 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the service of a lawyer one will be provided for him and that a lawyer may also be engaged by any person in his behalf or may be appointed by the court upon petition of the person arrested or one acting in his behalf. 5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The person arrested must be informed that at any time he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger, - with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to ensure that this is accomplished 7. He must be informed that he has the right to waive any of said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same. 8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel, otherwise, he must be warned that the waiver is void even if he insists on his waiver and chooses to speak. 9. That the person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with a warning that once he makes such indication the police may not interrogate him if the same had not yet commenced or the interrogation must case if it has already begun. 10. The person must be informed that the waiver of his right to remain silent, the right to counsel, or any of his rights does not bar him from invoking it at any time during the process, regardless of whether he may have answered some questions or volunteered some statements. 11. He must also be informed that any statement or evidence as the case may be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or in part shall be inadmissible in evidence. 12 hour- Light penalties 18 hour-correctional penalties 36 hour- Afflictive penalties or capital penalties. Requisite for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation. 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation. 2. It must be signed in the presence of his counselor in the latter’s absence upon a valid waiver and 3. In the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him
RAMOS DANIEL R. 3C4 Good Day!!! Sir Thank you for the Video Recorded lecture you’ve uploaded, this are the summary of what I’ve learned from the VRL. Rights of the Accused Rule 115 Right of the Accused Provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the accused at the Trial The accused has the Rights to be presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Furthermore the constitutions vest the authority or the power to be convict the accused to the courts of law. Thus only the courts of law can convict an accused. RIGHT TO INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION AGAINST HIM. Simply means whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS Means during the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. RIGHT AGAINST SELF-INCRIMINATION Simply means self-incrimination it pertains that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL It means the accused can cross examine the witnesses against him through a counsel. RIGHT TO COMPULSORY PROCESS Means most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. - subpoena duces tecum - order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense. RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL - Means the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW RIGHT TO PRESUMED INNOCENT The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In addition, in cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.. REVERSE TRIAL - the first one who will present evidence is the accused instead of the prosecution. Reasonable doubt - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute be offense. EQUIPOISE RULE - the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse TRIAL - a reverse trial happens if the accused admits the killing but claims self-defense. Accused's right to be informed - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Waiver of right to be informed - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings • during arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. • promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative • when the order by the court for purposes of identification IDENTIFICATION - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. EFFECTS OF THE WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSE When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. - the court can decide even without the accused's evidence ACCUSED'S REFUSAL TO TESTIFY - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION - self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION - the State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived. CONFRONTATION - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. RIGHT TO COMPULSARY PROCESS - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY - the right of the accused to a fair trial is not incompatible with free press. RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION - It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. With regards on the Rights of the persons under custodial investigation 1. Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. The following Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
BALATASO, MIKAELLA - 3C2 Bs criminology Thank you po atty. Reyes for this lesson and here are the summary of what I've learned on this diacussion. *Rights of the Accused, Rule 115 that is provide for the enumeration of the different constitutional and statutory rights of the accused. *Rights of the accused at the Trial Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. *Right to be informed of the nature and the cause of accusation against him- whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. *Right to present and defend in person and by counsel at every stage of the proceedings - during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. *Right to counsel- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. *Right to testify as a witness in his own behalf- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. *Right against self-incrimination- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. *Right to confront and cross examine witnesses against him at trial- the accused can cross examine the witnesses against him through a counsel. *Right to compulsory process- most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. *Subpoena duces tecum - order of the court requiring a person to produce documents. *The accused can ask the court to issue orders for the production of documents or persons for his defense. Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. *Right to appeal on all cases allowed by law and in the manner prescribed by law *Right to presumed innocent- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. *In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. *Reverse trial - the first one who will present evidence is the accused instead of the prosecution. *Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense. *Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused. *Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense. *Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. *Waiver of right to be informed- the right to be informed may not be waived. Additionally the instances when the presence of the accused is mandatory in criminal proceedings are the following: *During arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty; *Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative; When the order by the court for purposes of identification; *Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. Effects of the waiver of the right to appear by the accuse: *When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence. *The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. *The court can decide even without the accused's evidence *Accused's refusal to testify- as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination *self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. *Purpose of the right against self-incrimination- the State will not use its corcive powers from extracting from the suspect testimony that may convict him. *Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. *Confrontation- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf. *Right to compulsary process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. *Trial by publicity- the right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation: *Custodial investigation- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Rights of the persons under custodial investigation: 1. Reason for the arrest and he nust be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned. And for the last discuss about the 3 requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation.
Bautista, John Erico A. 3C4 Thankyou sir for the other lesson! This is the summary of what I learn RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond an inexpensive doubt, and also the burden lies on the prosecution to beat such presumption by representing the quantum of evidence required, the conviction should be supported the strength of the prosecution and not on the weakness of the defense Right to learn of the character and also the explanation for the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable someone of common understanding to understand what offense is being charged. Right to be present and defend face to face and by counsel at every stage of the proceeding, the accused has the proper to be present or the court might not exclude the accused from participating or observing the trial of his case. Right to counsel- a defendant features a right to possess the help of counsel and, if the defendant cannot afford a lawyer, requires that the govt. appoint one or pay the defendant's legal expenses. the correct to counsel is usually thought to be a constituent of the proper to a good trial. Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection. Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf so as to compel the attendance of a witness and therefore the production of other evidence. Right to appeal on all cases allowed by law and within the manner prescribed by law Reasonable doubt is that the doubt engendered by an investigation of the full proof and an inability after such investigation to let the mind rest easy upon the knowledge of guilt, absolute certainty isn't demanded by law to convict of any criminal charge but moral certainty is required on every proposition of proof requisite to constitute the offense Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one in every of which is in keeping with the innocence of the accused and therefore the other in step with his guilt, then the evidence doesn't fulfil Reverse trial - Usually in most cases, the prosecution first presents its evidence to determine the guilt of the accused, and also the defense follows thereafter. But this can be reversed when the accused admits the killing but claims self-defense. Right of an individual under custodial investigation 1. The person arrested, detained, invented, or under custodial investigation must be told in a very language known to and understood by him of the rationale for the arrest, and so he must be shown the warrant of arrest, if any, every other warning information or communication must be during a language known to and understood by said person. 2. He must be warned that he contains a right to stay silent which any statement he makes could also be used as evidence against him. 3. He must learn that he has the proper to be assisted in the least times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must learn that if he has no lawyer or cannot afford the service of a lawyer one are provided for him which a lawyer may be engaged by a person in his behalf or is also appointed by the court upon petition of the person arrested or one acting in his behalf. 5. That whether or not the person arrested includes a lawyer, he must be told that no custodial investigation in any form shall be conducted except within the presence of his counsel or after a sound waiver has been made. 6. The person arrested must be told that at any time he has the proper to speak or confer by the foremost expedient means - telephone, radio, letter or messenger, - together with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to make sure that this is often accomplished 7. He must be told that he has the correct to waive any of said rights provided it's made voluntarily, knowingly, and intelligently and make sure that he understood the identical. 8. If the person arrested waives his right to a lawyer, he must be told that it must be worn out writing and within the presence of counsel, otherwise, he must be warned that the waiver is void whether or not he insists on his waiver and chooses to talk. 9. That the person arrested must be told that he may indicate in any manner at any time or stage of the method that he doesn't wish to be questioned with a warning that when he makes such indication the police might not interrogate him if the identical had not yet commenced or the interrogation must case if it's already begun. 10. The person must learn that the waiver of his right to stay silent, the correct to counsel, or any of his rights doesn't bar him from invoking it at any time during the method, no matter whether he may have answered some questions or volunteered some statements. 11. He must even be informed that any statement or evidence because the case could also be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or partly shall be inadmissible conspicuous . 12 hour- Light penalties 18 hour-correctional penalties 36 hour- Afflictive penalties or capital penalties.
DELANTAR,KYLA MAE M. GOOD DAY SIR! HERE'S THE SUMMARY OF WHAT I'VE LEARNED
Rights of accused at trial. - In all criminal prosecutions, the accused shall be entitled to thefollowing rights:(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.(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, fromarraignment to promulgation of the judgment. The accused may, however, waive his presence at thetrial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by thecourt for purposes of identification. The absence of the accused without justifiable cause at the trialof which he had notice shall be considered a waiver of his right to be present thereat. When anaccused under custody escapes, he shall be deemed to have waived his right to be present on allsubsequent trial dates until custody over him is regained. Upon motion, the accused may be allowedto defend himself in person when it sufficiently appears to the court that he can properly protect hisrights without the assistance of counsel.(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered bydirect 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 aspart of its evidence the testimony of a witness who is deceased, out of or can not with due diligencebe found in the Philippines, unavailable, or otherwise unable to testify, given in another case orproceeding, judicial or administrative, involving the same parties and subject matter, the adverseparty having the opportunity to cross-examine him.(g) To have compulsory process issued to secure the attendance of witnesses and production ofother 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
BOOL, HAZEL D. 3C2 Thank you, Sir, for the video recorded lecture; here is a summary of what I learnt in Part 8: Rights of the Accused: Rights of the Accused, Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused. Rights to presumed innocent - call as the presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the criminal charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused. Right to be informed of the nature and the cause of the accusation against him. - whatever is being charged with the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. Right to present and defend in person and by counsel at every stage of the proceedings - during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. Right to counsel - that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. Right to testify as a witness in his own behalf - if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. Right to testify as a witness in his own behalf - a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. Right against self-incrimination - when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel. Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to presumed innocent - The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. - In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. - Reverse trial - the first one who will present evidence is the accused instead of the prosecution. Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense. Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Instances when the presence of the accused is mandatory in criminal proceedings • during arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. • promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative • when the order by the court for purposes of identification Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
Done watching sir! AVERION, DIANNE D. 3C4 In this video recorded lecture, I've understand the Rights of the accused (Rule 115) •right to be presumed innocent •right to be present and defend in person •right to counsel •right to testify as a witness -only the courts of law can convict a accused without conviction of the law the accused presumed innocent. RIGHT AGAINST SELF INCRIMINATION- a person may not compelled to testify against himself •right against self- incrimination •right to confront and cross examine the witness •right to compulsory process •right to speedy impartial and trial •right to appeal on all cases RIGHT TO PRESUMED INNOCENT -Conviction should be based on the strength of the prosecution and not on the weakness of the defense -as long as the evidence is weak it goes to acquital Exception: •Self defense- when the accused committed a crime acting with lawful defense • Certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused REASONABLE DOUBT- absolute certainty is not demanded by the convict criminal but moral certainty required EQUIPOISE RULE- evidence of prosecution is equally balance with evidence of the accused REVERSE TRIAL- if the accused admits the killing but claim self-defense ACCUSED'S RIGHT TO BE INFORMED- the accused must be informed of what offense that he is being incharged with. WAIVER OF RIGHT TO BE INFORMED -the right to be informed Exception: •bail •absense of the accused without justifiable cause •accused jumps bail Instances when the presence of the accused is mandatory in criminal proceedings -during arraingment -promulgation of judgement -identification THANKYOU SIR!
TAÑO, AIRA JOY M. 3C3 GOOD EVENING SIR, THANK YOU PO. THIS IS THE SUMMARY OF WHAT I'VE LEARNED; Rights of the Accused, Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused. RIGHTS OF THE ACCUSED AT THE TRIAL Rights to presumed innocent - call as presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Right to be informed of the nature and the cause of accusation against him. - what ever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. Right to present and defend in person and by counsel at every stage of the proceedings - more on information. During the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. The accused has the right defend himself. Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his own choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. As a matter of fact, at any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. Right to testify as a witness in his own behalf - if the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for himself. Right against self-incrimination - when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel. Right to compulsory process - most of the accused are deprived of their liberty and therefore they cannot go out in order to procure evidence for their defense. The accused can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. subpoena duces tecum - order of the court requiring a person to produce documents. Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. Also has the right to an impartial trial, the impartiality and called neutrality of a judge. The judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called a neutral officer of the court and a public trial meaning the cases will be conducted with the view of the public. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to presumed innocent - The quantum of evidence or the weight of evidence required in order to convict the accused is guilt beyond reasonable doubt. The conviction should be based on the strength of the prosecution and not on the weakness of the defense. Exemption: self-defnese is an act upon lawful defense. In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. REVERSE TRIAL - the first one who will present evidence is the accused instead of the prosecution. REASONABLE DOUBT - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. EQUIPOISE RULE- the evidence of the prosecution is evenly balance with the evidence of the accused. ACCUSED RIGHT TO BE INFORMED - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. WAIVER OF RIGHT TO BE INFORMED - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings *During arraignment - the information will be read to the accused and he will be ask whether his pleaded guilty or not guilty. *Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative * When the order by the court for purposes of identification Identification - the witness for the prosecution will have to point to the person of the accused. Effects of the waiver of the right to appear by the accused - When the accused waived his right to appear during trial. It is also equivalent to a waver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment and the case will continue even if the accused is not present or known as trial in absentia. The court can decide even without the accused's evidence accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence, and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Self against incrimination means the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence. Purpose of the right against self-incrimination the State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Trial by publicity - the right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation: Custodial investigation- is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Rights of the persons under custodial investigation: 1.Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation. For an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and; 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
BALASBAS JULIUS, L. 3C1 Sir thank you for the lecture, this are the summary of what I’ve learned from part 8: Rights of the Accused, Rule 115 Right of the Accused provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the accused at the Trial The accused has the Rights to be presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. *Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Furthermore the constitutions vest the authority or the power to be convict the accused to the courts of law. Thus only the courts of law can convict an accused. RIGHT TO INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION AGAINST HIM *Simply means whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS *Means during the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. RIGHT TO COUNSEL *That the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF *If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. RIGHT AGAINST SELF-INCRIMINATION *Simply means self-incrimination it pertains that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL *It means the accused can cross examine the witnesses against him through a counsel. RIGHT TO COMPULSORY PROCESS *Means most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. - subpoena duces tecum - order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense. RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL *Means the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW RIGHT TO PRESUMED INNOCENT *The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In addition, in cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. REVERSE TRIAL *The first one who will present evidence is the accused instead of the prosecution. Reasonable doubt - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute be offense. EQUIPOISE RULE *The evidence of the prosecution is evenly balance with the evidence of the accused. Reverse TRIAL *A reverse trial happens if the accused admits the killing but claims self-defense. Accused's right to be informed - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Waiver of right to be informed - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings • during arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. • promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative • when the order by the court for purposes of identification IDENTIFICATION *The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. EFFECTS OF THE WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSE *When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. - the court can decide even without the accused's evidence ACCUSED'S REFUSAL TO TESTIFY *As a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION *Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION *The State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived. CONFRONTATION *The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. RIGHT TO COMPULSARY PROCESS *The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. TRIAL BY PUBLICITY *The right of the accused to a fair trial is not incompatible with free press. RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION * It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. With regards on the Rights of the persons under custodial investigation 1. Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. The following Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
Thank you sir to the other knowledge I've gathered here the following: Rights if the Accused Rule 115 Right to be presumed innocent - it can overturn the constitutional presumptions of innocence if evidence of guilt beyond a reasonable doubt. The quantum of evidence required in order to convict the accused if it is guilty or guilty beyond a reasonable doubt. Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to adopt an acquittal. Accused Right to be informed - if a person is arrested based on an offense that has not been informed of him then you will violate the right of the accused to be informed of nature and circumstances. Instances when the presence of the accused is mandatory in criminal proceedings. I - IDENTIFICATION- the witness for the prosecution will have to point to the person of the accused, he needs to identify who is the accused. P - PROMULGATION OF JUDGEMENT- IT may be pronounced in the presence of the council or a representative. A - ARRAIGNMENT- the information will be read to the accused and he will be asked whether his plea is guilty or not guilty. Accused refusal to testify - the silence of the accused should not be used against him - if the case established is a prima facie case. - if the defense of the user is an alibi and he does not testify. Right against self-incrimination - it includes only testimonial evidence very unreal and physical evidence in the end. - extracting from the suspect testimony that may convict him. Right to Compulsory process -issuance of a subpoena as rescficandum or subpoena decus tecum Right to a Speedy, Impartial, and Public Trial - Length of the delay - Reason for the delay - Accused assertion or non-assertion of the right - Prejudice of the accused resulting from its delay.
MANTO, KYLA M. 3C2 Thank you Sir for the video recorded lecture, this is the summary of what I've learned on part 8 Rights of the Accused: Rule 115 provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the accused at the Trial Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to tbe convit the accused to the courts of law. Only the courts of law can convict an accused. Right to be informed of the nature and the cause of accusation against him- whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. Right to present and defend in person and by counsel at every stage of the proceedings - during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. Right to counsel- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. Right to testify as a witness in his own behalf- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. Right against self-incrimination- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. Right to confront and cross examine witnesses against him at trial- the accused can cross examine the witnesses against him through a counsel. Right to compulsory process- most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. *Subpoena duces tecum - order of the court requiring a person to produce documents. *The accused can ask the court to issue orders for the production of documents or persons for his defense. Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to presumed innocent- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. * In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. *Reverse trial - the first one who will present evidence is the accused instead of the prosecution. Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense. Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense. Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Waiver of right to be informed- the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings: During arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty; Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative; When the order by the court for purposes of identification; *Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. Effects of the waiver of the right to appear by the accuse: *When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence. *The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. *The court can decide even without the accused's evidence Accused's refusal to testify- as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination- the State will not use its corcive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. Confrontation- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf. Right to compulsary process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Trial by publicity- the right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation: Custodial investigation- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Rights of the persons under custodial investigation: 1. Reason for the arrest and he nust be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priestbor minister of the gospel as chosen by him.
FAJANILAN, KRISTEL ANNE C. 3C1 Thank you Sir, this is the summary of what I've learned: Rights of the Accused, Rule 115 Provide for the enumeration of the differenr constitutional and statutory rights of the accused. Rights of the accused at the Trial • Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to tbe convit the accused to the courts of law. Only the courts of law can convict an accused. •Right to be informed of the nature and the cause of accusation against him. - whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. •Right to present and defend in person and by counsel at every stage of the proceedings - during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. •Right to counsel - that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. •Right to testify as a witness in his own behalf - if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. •Right against self-incrimination - when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him. •Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel. •Right to compulsory process - most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. - subpoena duces tecum - order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense. •Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public. •Right to appeal on all cases allowed by law and in the manner prescribed by law Right to presumed innocent - The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. - In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution. - Reverse trial - the first one who will present evidence is the accused instead of the prosecution. Reasonable doubt - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense. Equipoise Rule - the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse Trial - a reverse trila happens if the accused admits the killing but claims self-defense. Accused's right to be informed - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Waiver of right to be informed - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings • during arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. • promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative • when the order by the court for purposes of identification Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused. Effects of the waiver of the right to appear by the accuse - When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. - the court can decide even without the accused's evidence Accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination - the State will not use its corcive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf. Right to compulsary process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Trial by publicity - the right of the accused to a fair trial is not incompatible with free press. Rights of the person under custodial investigation Custodial investigation - It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Rights of the persons under custodial investigation 1. Reason for the arrest and he nust be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur: 1. It shall he in writing and signed by the person arrested, detained or under custodial investigation. 2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and 3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priestbor minister of the gospel as chosen by him.
ALMARIO,ARMIE ALECZA A. 3C1 THANK YOU SIR :) Rights of the accused (Rule 115) provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of the accused at the trial • Right to be presumed innocent- or the presumption of innocence, unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he presumed innocent. A person may not be punished without the observation of due process and without the court of law said preannouncing the accused as guilty. A mere accusation is not equivalent to a conviction. Only the court of law may convict a person charged of a crime, not even the law enforcer and prosecutors cannot convict s an accused. The accused has not the right to prove his innocence but the prosecution has to provide the elements of the crime charged. Accusation is not synonymous with guilt. The presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. In case of self-defense (act of lawful defense), the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. The legislature may enact that when a certain facts have been proved, they shall be prima facie of evidence of the existence of guilt of the accused and shift the burden of proof. • Reasonable doubt-the doubt engendered by an investigation of the whole proof and inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty is not demanded by law to convict any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. • Equipoise Rule- Where the evidence of the parties in a criminal ease is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted. • Reverse trial-A reverse trial happens if the accused admits the killing but claims self-defense. HE must first establish the elements of self-defense in order to overturn the presumption the he was guilty of the offense. • Right to be informed of the nature and the cause of the accusation against him- whatever the charged against the accused, it should be informed to him and also informed to cause of the accusation, what are the exact statement of facts that he allegedly committed. If the accused is not informed, the accused may not diligently defend him. No person can be detained without the information regarding what is the violation of law which he is being detained for. • Accuse rights to be informed- The right requires that the information should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged. • Waiver of right to be informed- The right to be informed may not be waived. It is a basic constitutional right of the accused to be informed of the nature and cause of accusation against him. • Instances when the presence of the accused is mandatory in criminal proceedings: during arraignment; promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or representative and when order by the court for purposes of identification. • Right to be present and defend in person and by counsel at every stage of the proceeding- during the pendency of the trial of the criminal case, the accused has the right to be present or the court may not exclude the accused in participating trial. The accused has also the right defend himself in person and by counsel in every stage of the proceeding. • Waiver of right to be present during trial- a waiver pursuant to the stipulation set forth in his bail; absence of the accuse without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present t thereat; and if the accuse jumps bail, such shall be an automatic waiver of the right to be present on all subsequent trial dates until custody over him regained. • Effects of waiver of the right to appear by the accused_ it is also a waiver to present evidence. The prosecution can present evidence despite absence of the accused and the court can decide even without accused’s evidence. • Right to counsel- the accused has the right to choose an independent and competent counsel or attorney on his choice. The accused has the right not to deprive to talk to his counsel or confer to his lawyer. At any time of the day and night, a lawyer can visit his client; a lawyer may not be deprived of his representation or as a counsel. • Right to testify as a witness in his own behalf- if the accused want to clear his name and prove his innocence then he can testify on his own and he cannot be prevented in testifying himself. • Accused’s refusal to testify- the silence of the accused should not be used against him. Except when the prosecution has already established a prima facie case, the accused must present poof to overturn the evidence and If the defense of the accused s alibi and he does not testify, the inference is that the alibi is not believable. • Right against self-incrimination- a person may not be compelled to testify against himself and cannot force to admit the charges against him. • Scope of the right against self-incrimination- the right covers only the testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused except when immunity statutes such as the forfeiture illegally obtained wealth and bribery and graft cases. • Purpose of the right against self-incrimination- the privileged is intended to prevent the State, with all its coercive powers, from extracting from the suspect testimony that may convict him and to avoid a person subject to such compulsion to perjure himself for his protection. • Waver of the right of the accused against self-incrimination- it may be waived by the failure of the accused to invoke the privilege after the incriminating question is askes and before his answer. • Right to confront and cross examine witness against him at trial- the accused has the right to cross examine and confront the witnesses against him through a counsel during trial. When a lawyer conduct a cross examination that duty of the lawyer is not pursuant as a counsel but pursuant to the right of the accused to cross examine the witnesses against him. • Confrontation- The act of setting a witness face to face with the accuse so that the latter may make any objection he has to the witness which must take place in the court having jurisdiction to permit the privilege of cross examination. Ina addition, the accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. • Rule regarding the testimony of a witness who dies or becomes unavailable- if the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence. However, if the party did not have the opportunity to cross-examine before the death or unavailability of the witness, the testimony will have no probative value. • Right to compulsory process- most of the accused during trial can be behind bars of detained. (Persons deprived of liberty) they are not allowed to go out to procure evidence for their defense. The accused may asked the court to issue a compulsory process to issue an order to issue a subpoena, subpoena deuce tecum (requiring a person to produce document), subpoena ad testificandum. The accused may asked the court to issue an order to produce document of witnesses. If a witness refuse to testify when he is requires, the court should order the witness give bail or order his arrest,, if necessary. Failure to obey subpoena amounts to contempt of court. • Right to a speedy, impartial and public trial- a trial free from continuance and unnecessary delay. The accused also had the right from impartial trial, impartiality and cold neutrality of the judge. The judge must be cold neutral as part of the court. • Facts to be considered to determine whether the right to speedy trial has been violated: length of the delay; reasons of the delay; the accused assertion or non-assertion of the right and prejudice to the accused resulting from the delay. • Denial of the speedy trial a ground for dismissal- the case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe time limits. • Service of subpoena and notices through electronic mail or mobile phones • Right to appeal on all cases allowed by law and in the manner prescribed by law.
JAVIER, KAYCE R. 3C1 Thank you Sir for the video recorded lecture. This is a summary of what I’ve learned. RIGHTS OF THE ACCUSED RULE 115 RIGHTS OF THE ACCUSED Provide for the enumeration of the different constitutional rights of the accused at the trial According to the constitution the rights of the accused must be guaranteed one of them is; RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT - simply means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority bot even the prosecutor will have the authority to pronounce the guilt of a person. RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. RIGHT TO COUNSEL - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer. RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF - if the accused would like to clear his name, he wants to prove he's innocent then he can testify by and on his own. RIGHTS AGAINST SELF-INCRIMINATION - a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL - the accused can cross-examine the witness against him through counsel. RIGHT TO COMPULSORY PROCESS - most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense, the accused may ask the court to issue its compulsory process which we call a subpoena. RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL - the accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. Public trial in which trial will hold in the view of the public RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW Right to be presumed innocent - Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Equipoise Rule - the evidence of the accused is balance. Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense. Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with. Waiver of the right to be informed - The right to be informed may not be waived. Effects of waiver of the right to appear by the accused It is also a waiver to present evidence The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present The court can decide even without accused evidence Can the accused refuse to testify? As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION Custodial investigation - it is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1.) The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person; 2.) He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him 3.) He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4.) He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5.) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made 6.) The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer 7.) He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same 8.) If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel 9.) The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation 2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and; 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
DE GUZMAN, KIMBERLY M. 3C1 Thank you Sir, this is the summary that what I've learned on your discussion: Rights of the Accused, Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused. Rights of accused at the trial Right to be presumed innocent or presumption of innocent - is unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. Presumption of innocent A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. Right to be informed of nature and the cause of the accusation against him - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for. Right to be present and defend in person and by counsel at every stage of the proceeding - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case. Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. Right to testify as a witness in his own behalf - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own. Rights against self-incrimination - person may not be compelled to testify against himself. You cannot force a person to admit the charges against him. Right to confront and cross examine witnesses against him - at trial the accused can cross-examine the witness against him through counsel. Right to compulsory process - Most accused is deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. (order of the court requiring a person to produce documents) Right to a speedy, impartial, and public trial - The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Right to appeal on all cases allowed by law and in the manner prescribed by law Right to be presumed innocent - Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Equipoise Rule - the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense. Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with. Waiver of the right to be informed - The right to be informed may not be waived. Effects of the waiver of the right to appear by the accuse When the accused waived his right to appear during trial, It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia, the court can decide even without the accused's evidence. Accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against him. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination - the State will not use its coercive powers from extracting from the suspect testimony that may convict him. Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived. Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf. Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. Rights of the persons under custodial investigation 1. Reason for the arrest and he must be shown the warrant of arrest. 2. He must be warned that he has a right to remained silent 3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. 4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him. 5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights 8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel. 9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation For an extrajudicial confession to be valid the following requisites must concur: 1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation 2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and; 3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3 Good Day! I have learned from this lesson are the following: RIGHTS OF THE ACCUSED AT THE TRIAL According to Section 1 of Rule 115 of Rules of Court are the following rights of the accused: Right to be presumed innocent- Which the accused cannot be punished without the rights of due process and only the court of law can convict the accused. Right to be informed of the nature and the cause of the accusation against him- Which the accused cannot be detained without the information about the procedure or process of his case and also to defend himself during trial. Right to be present and defend in person and by counsel at every stage of the proceeding- Which the accused have the right to present himself for defending himself. Right to counsel- The accused has the right to choose an independent and competent counsel, and the lawyer can visit anytime of day and night by his client for conferring of his case. Right to testify as a witness in his own behalf- The accused cannot prevent for testifying himself Right against self-incrimination- The accused may not compelled to testified himself Right to confront and cross examine witnesses against him at trial- The accused has the right to confront and cross-examine the witness during trial. Right to compulsory process- The accused may asked for an order to subpeona an document and person for his production of case. Right to a speedy, impartial and public trial; and- The accused have the right for unnecessary delayed, neutrality of the judge, and view of the public during trial. Right to appeal on all cases allowed by law and in the manner prescribed by law- The right to appeal his case unless and until proven of his guilt. EXEMPTION TO THE RIGHTS OF THE ACCUSED SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. There is a self-defense because of justifying circumstances where there is unlawful aggression to the victim that will prevail an attack to the suspect and it is an unlawful defense by the victim. REASONABLE DOUBT The law does not require absolute certainty to convict of any criminal charge, but moral certainty is required for each proposition of proof required to constitute the offense. EQUIPOISE RULE The evidence of the prosecution is evenly balance with the evidence of the accused. REVERSE TRIAL A reverse trial happens if the accused admits the killing but claims self-defense. ACCUSED'S RIGHTS TO BE INFORMED To be made aware of the nature and cause of the accusation leveled against him. The accused must be informed of the nature of the offense for which he is being charged. IDENTIFICATION The prosecution witness will be required to point to the accused. He must determine who the accused is. EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED When the accused waived his right to testify at trial. It is also the same as waiving the right to present evidence. The prosecution can present evidence even if the accused is not present; the case will proceed even if the accused is not present. Even in the absence of accused evidence, the court can make a decision. ACCUSED REFUSE TO TESTIFY As a general rule, the accused's silence should not be used against him unless the prosecution has already established a prima facie case, in which case the accused must present proof to overturn the evidence, and if the accused's defense is an alibi and he does not testify, the interference is that the alibi is not credible. SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. 1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person; 2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him 3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice 4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; 5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made 6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer 7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same 8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel 9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned - THANK YOU PO ATTY.! :)
ANDA, MARIFER H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
VILLASORDA, ISRAEL JIRE R
3C4 BSCRIM
Thankyou so much po Atty. I am always grateful to have you as my mentor. You were so generous with your time and efforts. Thank you for being a great teacher and here are the summary of what I've learned for the lesson proper:
Rule 115 Rights of the accused- this will provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the Accused at the Trial
Rights to presumed innocent
• It's known as the presumption of innocence. A person accused of a crime is deemed innocent until and unless he is proven guilty beyond a reasonable doubt of the crime charge. Presumption of innocence indicates that a person cannot be punished until due process is followed and a court of law declares the accused guilty. Mere accusation is not the same as a conviction, only a court of law has the jurisdiction to convict the accused of the crimes or charges leveled against him. Neither law enforcement nor prosecutors have the authority to declare that the accused is guilty of a crime. The constitution gives the courts of law the authority or ability to convict the accused, only the courts of law can convict an accused. Because of the presumption of innocence, the accused does not have to prove his innocence, and it is the obligation or burden of the prosecution to prove all of the elements of the crime charge.
Right to be informed of the nature and the cause of the accusation against him
• The accused has the right to know what is being charged against him, and the accused also has the right to know the reason for the accusation. No one can be detained without first knowing what the legal offense is for which he is being detained. It's more about the information that needs to be delivered or provided to the accused.
Right to present and defend in person and by counsel at every stage of the proceedings
• The accused has the right to be present during the pendency of a criminal case. The accused may not be barred from participating in or observing the trial of his case by the court. The accused has the right to participate in the proceedings. At all stages of the proceedings, the accused has the right to defend himself in person and through counsel.
Right to counsel
• The accused will be able to select his own independent and qualified counsel or attorney. You cannot deprive an accused the right to speak with or consult with his lawyer during a trial because an accused has the right to counsel, which means the right to be represented by a lawyer. A lawyer can see his client at any time of day or night. A lawyer's right to representation by his counsel cannot be taken away, you cannot prevent the lawyer from confiding with his client with absolute confidentiality pursuant to the right of the accused to counsel.
Right to testify as a witness in his own behalf
• If the accused want to clear his name and show his innocence, he may testify alone. You can't stop the accused from testifying in his own defense.
Right against self-incrimination
• It refers to the fact that a person cannot be forced to testify against himself. You can't make someone admit to the charges put against him. The accused has the right to confront and cross-examine witnesses against him at trial
Right to confront and cross examine witnesses against him at trial
• Cross-examination against you will always be conducted by defense counsel, not because it is the lawyer's responsibility, but because the accused has the right to cross-examine all witnesses against him during the trial.
Right to compulsory process
• Because most accused people are deprived of their liberty, they are unable to obtain evidence for their defense. The accused might request that the court issue a compulsory process, often known as a subpoena duces tecum or a subpoena ad testificandum. “subpoena duces tecum” means an order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense.
Right to a speedy, impartial and public trial
• The accused has a right to a speedy trial, which is one that is free of continuances and other unnecessary delays. He also has a right to an impartial trial, as well as the impartiality and neutrality of a judge. The impartiality and cold neutrality of a judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as a code neutral officer of the court and a public trial. The cases will be conducted with the view of the public so the right to speedy impartial and public trial is exercised.
Right to presumed innocent
General Rule
- Accusation is not synonymous with guilt. The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. It means that even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal.
Exemption
• Self-defense is one of the justifying circumstances, as the accused committed the offense while acting on legal defenses. One of the grounds is self-defense, as the accused committed the crime while acting on legal defenses. When it comes to self-defense it has unlawful aggression on the part of the victim.
Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Reverse trial- reverse trial happens if the accused admits the killing but claims self-defense.
Equipoise rule- evidence of the prosecution is evenly balance with the evidence of the accused.
Accused's right to be informed- the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with.
Instances when the presence of the accused is mandatory in criminal proceedings
- During arraignment the information will be read to the accused and he will be asking whether his pleaded guilty or not guilty. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative. When the order by the court for purposes of identification.
Identification- The witness for the prosecution will have to point to the person of the accused, he needs to identify who is the accused.
Waiver of right to be informed- the right to be informed may not be waived. It is a basic right of the accused to be informed of the nature and cause of the accusation against them.
Effects of waiver of the right to appear by the accused
- When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. The court can decide even without the accused's evidence.
Accused's refusal to testify
General Rule- the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
- The accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
Purpose of the right against self-incrimination- The state will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived.
Confrontation- The accused has the right to question witnesses in person. The accused has the right to have a summons issued in his name to compel the presence of witnesses and the production of other evidence.
Right to compulsory process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Trial by publicity- The right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation
Custodial investigation- It is the questioning of a person by law enforcement agents after he or she has been taken into custody or otherwise deprived of significant freedom of activity.
Rights of the persons under custodial investigation
1. Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation for an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him
Violanda, Venus M.
3C2
In this video lecture, I’ve learned and understood the Rights of the accused (Rule 115)
1.right to be presumed innocent - which the accused cannot be punished without the rights of due process and only the court of law can convict the accused.
2.right to be present and defend in person - which the accused have the right to present himself for defending himself.
3.right to counsel - the accused has the right to choose an independent and competent counsel, and the lawyer can visit any time of day and night by his client for conferring of his case.
4.right to testify as a witness - the accused cannot prevent from testifying himself
ONLY THE COURTS OF LAW CAN CONVICT A ACCUSED WITHOUT CONVICTION OF THE LAW THE ACCUSED PRESUMED INNOCENT.
RIGHT AGAINST SELF INCRIMINATION- a person may not be compelled to testify against himself
1.right against self-incrimination - The accused may not be compelled to testify himself
2.right to confront and cross-examine the witness - The accused has the right to confront and cross-examine the witness during the trial.
3.right to compulsory process -the accused may be asked for an order to subpoena a document and person for his production of case.
4.right to speedy impartial and trial - The accused have the right to unnecessary delayed, the neutrality of the judge, and view of the public during the trial.
5.right to appeal on all cases - allowed by law and in the manner prescribed by law- The right to appeal his case unless and until proven of his guilt.
RIGHT TO PRESUMED INNOCENT
-Conviction should be based on the strength of the prosecution and not on the weakness of the defense
-as long as the evidence is weak it goes to acquittal
Exception:
•Self defense- when the accused committed a crime acting with lawful defense
• Certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused
REASONABLE DOUBT- absolute certainty is not demanded by the convicted criminal but moral certainty required
EQUIPOISE RULE- evidence of the prosecution is equally balanced with evidence of the accused
REVERSE TRIAL- if the accused admits the killing but claim self-defense
ACCUSED'S RIGHT TO BE INFORMED- the accused must be informed of what offense that he is being in charge with.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him
3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made
6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer
7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same
8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel
9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
AREVALO, NIKKA BABES B.
3C2
Thank you, Sir!
This is a summary of what I’ve learned on this topic. Rule 115 THE RIGHTS OF THE ACCUSED.
RIGHTS TO PRESUMED INNOCENT
- It means that unless a person accused of a crime is proven beyond a reasonable doubt is guilty of the crime charge then he is to be presumed innocent.
- Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
- A mere accusation is not equivalent to a conviction, only the court of law can convict the accused of the crimes charged against him, not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.
- The constitution has the power to convict the accused to the courts of law. Only the courts of law can convict an accused. Without conviction of law, the accused is still innocent.
RIGHT TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM.
- No person can be detained without information regarding the violation of the law. The accused should be informed of whatever is being charged against him. The accused has the right to be informed regarding the cause of the accusation against him.
RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS
- The accused has the right to be present and defend himself. The court cannot exclude the accused from participating or observing the trial of his own case.
RIGHT TO COUNSEL
- That the accused will have the right to choose an independent and competent counsel or attorney of his own choice. No one can deprive the accused of talking to his lawyer because an accused during the trial has the right to counsel a right to represent by his lawyer.
RIGHT TO TESTIFY AS A WITNESS ON HIS OWN BEHALF
- The accused has the right to clear his name, proving his innocence by testifying as a witness on his own behalf.
A person cannot be forced to testify against himself.
RIGHT AGAINST SELF-INCRIMINATION
- it means a person may not be compelled to testify against himself. That person cannot be forced to admit and testify against himself.
RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES AGAINST HIM AT TRIAL
- The accused can cross-examine the witnesses that are against him through counsel.
RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL
- The accused has the right to a speedy trial (a trial free from continuance and unnecessary delay.
- The accused has the right to an impartial trial, impartiality, and called neutrality of a judge (That the judge would not presume the accused to be guilty of the criminal charge but the judge must be sitting in his position as called a neutral officer of the court).
- A public trial meaning the cases will be conducted with the view of the public.
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW
RIGHT TO PRESUMED INNOCENT
GR: the accusation is not synonymous with guilt. The presumption of innocence must be overcome by evidence of guilt beyond a reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
(The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond a reasonable doubt. Said by the supreme court “Conviction should be based on the strength of the prosecution and not on the weakness of the defense”)
- In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
The legislature may enact that when certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused and shift the burden of proof
Reasonable doubt - is the doubt endangered by an investigation of the whole proof and an inability after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Equipoise Rule- where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
Reverse Trial - happens if the accused admits the killing but claims self-defense.
Accused's right to be informed- the right requires that the information should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged.
WAIVER OF RIGHT TO BE INFORMED
- The right to be informed may not be waived
- It is a basic constitutional right of the accused to be informed of the nature and cause of the accusation against them.
Instances when the presence of the accused is mandatory in criminal proceedings
1. During arraignment - the information will be read to the accused and he will be asked whether he pleaded guilty or not guilty.
2. Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
3. When the order by the court for purposes of identification (the witness for the prosecution will have to point to the person of the accused).
WAIVER OF RIGHT TO BE PRESENT DURING THE TRIAL
Right to be present may be waived by:
- A waiver pursuant to the stipulation set forth in his bail
- 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; and
- If the accused jumps bail, such be an automatic waiver of the right to be present on all subsequent trial dates until custody over him is regained.
There are the topic that i learned a lot regarding to Rights of the accused of rule 115.
Presumption of innocent a person accused for a crime a person should not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.
Right to be informed of the nature and the cause of accusation against him. It means that whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him.
Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection.
RULE 115 - RIGHT OF THE ACCUSED
Right to be presumed innocent - it is his right not tO be labeled as criminal. It is also called presumption of innocence which means he will remain innocent until the court has proven his guilt.
Right to be informed of the nature and the cause of the accusation against him - the accused should be informed about the accusations/charged against him.
Right to be present and defend in person and by counsel at every stage of the proceeding- he himself is allowed to defend himself and have own defender in every court proceedings.
Right to counsel- right to have a lawyer who will assist him in his defense.
Right to testify as a witness in his own behalf - no one is allowed to prevent the accused person in testifying himself.
Right against self-incrimination- it is the accused person's right not to be forced by someone/government to testify against himself.
Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel.
Right to compulsory process - The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum or subpoena ad testificandum
Right to a speedy, impartial and public trial- the accused can ask the court to dismiss the case, especially when the trial took a long time period without presenting any evidence against him.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Thank ypu po, Atty.
SABONG, ROVILYN M.
BS.CRIM 3C3
Coronado,Jane hyacenth A.
3C4
thank you sir . this is the summary of the discussion also the additional information that I learned in this video recorded lecture
Rule 115 it will provide the enumeration of the different Rights of the accused
-Right of the accused at trial are the presumption of innocence means that person may not be punished without the observation of due process and court of law pronounced he is guilty, informed the nature of the cause of accusation, right of the accuse to be present and depend by counsel, right to counsel means that accuse will have the right to choose an independent attorney of his choice and the accuse right to testify a witness in his own behalf means that if the accused want to prove his innocence then he can testify on his own, right against self-incrimination means that person cannot be force to testify against him, right to compulsory process, right to a speed, impartial and public trial and right to appeal on all cases.
why a defense counsel object to a motion for postponement ? guaranteed by rule 115 the accuse has the right to speedy trial a trial free from continuance and unnecessary delay.
even if the accused will not present evidence as long as evidence of guilt is weak and the accuse entitled to unacquital because conviction is base on the strength of prosecution and not on the weakness on the defense.
there is exemption in the right to be presumed innocent in case of self defense under art 11 of RPC the justifying circumstances is self defense is when accuse committed a crime and acting upon lawful defense.
but if the accused is acted in the self defense it will have a defense trial because the accused admitted the commission of the crime in reverse trial the accused will present his evidence and the accused will only prove his lawful defense .
-Reasonable doubt means doubt engendered by an investigation of the whole truth proof.
-Equipoise rule the evidence of both parties in criminal case is evenly balanced will be favor to accuse for not acquittal
-reversed trial happens if the accused admits the killing but claims of self defense
- Accused right to be informed of what is the offense of what violation he violate and right to be informed may not be waived
-instances when the presence of the accused is mandatory in criminal proceedings during trial, promulgation of judgement and identification .
- the accused can waive his right to be present during the trial if there is was a waiver but the absence of the accused without justifiable cause at trial of which he had noticed shall be a waiver of his right to be present there at and if the accused jumps bail.
-when the accused waive his right his right to appear during trial it is equivalent to right waiver to present evidence .
-right against self-incrimination the accuse may not be compelled to testify against himself and include only testimonial evidence but real evidence and physical evidence are not included in the right against self incrimination.
-Confrontation the accused has the right to confront witnesses face to face so the latter may make any objection.
- if the testimony of the witnesses has been given in court but subsequently he dies or became unavailable the testimony may be use as evidence if the witness under go a cross examination before dying but if not the testimony will have no probative value.
- right to compulsory process subpoena ad testificandum or subpoena duces tecum these are the right of the accused to move for the issuance of compulsory orders in his behalf in order to compelled the attendance of witnesses
-if the court give a subpoena and did not appear in court the witness the court can give him a bail or order bail .
facts to be considered to determine whether the right to speedy trial has been violated is length of delay, reason for delay, accused assertion or prejudice to the accused resulting from the delay.
- the accused can dismiss a trial because of the violation of speedy trial.
- Trial by publicity is not incompatible with free press
- right of the accused under custodial investigation
first custodial investigation is the questioning initiated by law enforcement authorities after a person is take. into custody .
this is the right of the person under custodial investigation person need to have a information and the reason of the arrest and inform his miranda rights to remain silent and right to be assisted at all times and have the presence of competent lawyer. right to communicate or confer by most expedient means.
-importance of the right to counsel in custodial investigation if there is no lawyer the government must provide them a lawyer but if they are not going to give them it will not be continued and cannot be detained.
- Distinction between right to counsel during trial and rights to counsel
right to counsel during trial means the right of the accused to an effective counsel while the right to counsel during custodial investigation requires the presence of competence counsel.
TUBOG, MARIEL ANNE O.
3C2
In this lesson, I have learned particulary the rights of the accused at the trial such as the right to be presumed innocent which means that the person is still innocent until proven guilty of the crime he was charged for; right to be informed of the nature and the cause of the accusation against him, there are people who are ignorant of the laws that is why they don't know what is the charged they are about to serve so they must know its nature and extent; right to be present and defend in person and by counsel at every stage of the proceeding- the accused has the right to participate and present himself at the trial without any discrimination; right to counsel- any accused has the right to bring a competent and indepent counsel of his choice to represent him at any trial ; right to testify as a witness in his own behalf- If the accused would want to clear his name and prove his innocence, he can testify on his own behalf; rights against self-incrimination- a person may not be compelled to testify against himself. Nobody can force the accused to admit the charges against him; right to confront and cross examine witnesses against him at trial- the accused can cross examine the witness against him through counsel; right to compulsory process- the accused may ask the court to issue its compulsory process which is called the subpoena; right to a speedy, impartial and public trial- the accused has the right to speedy trial; it is a trial free from continual and unnecessary delay; and right to appeal on all cases allowed by law and in the manner prescribed by law.
Right to be presumed innocent- the quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt.
Reasonable doubt refers to absolute certainty which is not demanded by law to convict any criminal charge but moral certainty is required as to every proposition of proof of requisite to constitute the offense.
Equipoise Rule- the evidence of the parties in a criminal ease is evenly balanced.
Reverse Trial- this happens if the accused admits the killing but claims self defense.
Accused's right to be informed- the right requires that the information should state the facts and circumstances constituting the crime charged in terms of sufficient to enable a person of common understanding to know what offense is being charged.
Waiver of right to be informed- the right to be informed may not be waived.
I also learned the effects of waiver of the right to appear by the accused: It is also a waiver to present evidence; prosecution can present evidence despite the absence of the accused; and the court can decide even without accused's evidence.
These are all the summary of what I have learned in this video recorded lecture. Thank you sir and Godbless!
PRIOL, DARWIN J. 3C2
GOOD DAY SIR/ATTY. This is the summary what I've learned in this video lecture.
RIGHTS OF THE ACCUSED
RULE 115 - RIGHTS OF THE ACCUSED
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond an inexpensive doubt, and also the burden lies on the prosecution to beat such presumption by representing the quantum of evidence required, the conviction should be supported the strength of the prosecution and not on the weakness of the defense
Right to learn of the character and also the explanation for the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable someone of common understanding to understand what offense is being charged.
Right to be present and defend face to face and by counsel at every stage of the proceeding, the accused has the proper to be present or the court might not exclude the accused from participating or observing the trial of his case.
Right to counsel- a defendant features a right to possess the help of counsel and, if the defendant cannot afford a lawyer, requires that the govt. appoint one or pay the defendant's legal expenses. the correct to counsel is usually thought to be a constituent of the proper to a good trial.
Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection.
Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf so as to compel the attendance of a witness and therefore the production of other evidence.
Right to appeal on all cases allowed by law and within the manner prescribed by law
Reasonable doubt is that the doubt engendered by an investigation of the full proof and an inability after such investigation to let the mind rest easy upon the knowledge of guilt, absolute certainty isn't demanded by law to convict of any criminal charge but moral certainty is required on every proposition of proof requisite to constitute the offense
Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one in every of which is in keeping with the innocence of the accused and therefore the other in step with his guilt, then the evidence doesn't fulfil
Reverse trial - Usually in most cases, the prosecution first presents its evidence to determine the guilt of the accused, and also the defense follows thereafter. But this can be reversed when the accused admits the killing but claims self-defense.
Right of an individual under custodial investigation
- The person arrested, detained, invented, or under custodial investigation must be told in a very language known to and understood by him of the rationale for the arrest, and so he must be shown the warrant of arrest, if any, every other warning information or communication must be during a language known to and understood by said person.
-He must be warned that he contains a right to stay silent which any statement he makes could also be used as evidence against him.
-He must learn that he has the proper to be assisted in the least times and have the presence of an independent and competent lawyer, preferably of his own choice.
-He must learn that if he has no lawyer or cannot afford the service of a lawyer one are provided for him which a lawyer may be engaged by a person in his behalf or is also appointed by the court upon petition of the person arrested or one acting in his behalf.
-That whether or not the person arrested includes a lawyer, he must be told that no custodial investigation in any form shall be conducted except within the presence of his counsel or after a sound waiver has been made.
-The person arrested must be told that at any time he has the proper to speak or confer by the foremost expedient means - telephone, radio, letter or messenger, - together with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to make sure that this is often accomplished
-He must be told that he has the correct to waive any of said rights provided it's made voluntarily, knowingly, and intelligently and make sure that he understood the identical.
8. If the person arrested waives his right to a lawyer, he must be told that it must be worn out writing and within the presence of counsel, otherwise, he must be warned that the waiver is void whether or not he insists on his waiver and chooses to talk.
-That the person arrested must be told that he may indicate in any manner at any time or stage of the method that he doesn't wish to be questioned with a warning that when he makes such indication the police might not interrogate him if the identical had not yet commenced or the interrogation must case if it's already begun.
-The person must learn that the waiver of his right to stay silent, the correct to counsel, or any of his rights doesn't bar him from invoking it at any time during the method, no matter whether he may have answered some questions or volunteered some statements.
-He must even be informed that any statement or evidence because the case could also be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or partly shall be inadmissible conspicuous .
hour- Light penalties
18 hour-correctional penalties
36 hour- Afflictive penalties or capital penalties.
Requisite for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation.
-It shall be in writing and signed by the person arrested, detained, or under custodial investigation.
-It must be signed in the presence of his counselor in the latter’s absence upon a valid waiver and
-In the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen.
TULAWE, RICO O. BSCRIM-3C1
Good day atty. In this particular lecture series I’ve learned about Rights of the Accused,
Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused during trial.
-Rights of accused at the trial Right to be presumed innocent or presumption of innocent is unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent.
Presumption of innocent A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person.
Right to be informed of nature and the cause of the accusation against him - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him.
No person can be detained without the information regarding what is violation of law for which he is being detained for.
Right to be present and defend in person and by counsel at every stage of the proceeding - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
Right to testify as a witness in his own behalf - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
Rights against self-incrimination the person may not be compelled to testify against himself. You cannot force a person to admit the charges filed against him.
Right to confront and cross examine witnesses against him at trial the accused can cross-examine the witness against him through counsel. He has the right to confront the witnesses against him during trial.
Right to compulsory process - Most accused is deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused can ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum. (order of the court requiring a person to give testimony)
Right to a speedy, impartial, and public trial - The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to be presumed innocent - Conviction should be based on the strength of the evidence of prosecution and not on the weakness of the defense.
EXCEPTIONS
In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim. The reverse trial where the accused is presumed guilty unless proven innocent because of his admission of the guilt.
Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Equipoise Rule - the evidence of the prosecution is evenly balance with the evidence of the accused. In case Evenly balance the costitution in favor of the accused, entitled of acquittal.
Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense.
Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with. It is necessary to informed the accused of the nature of the crime committed.
Waiver of the right to be informed - The right to be informed may not be waived. Effects of the waiver of the right to appear by the accused.
When the accused waived his right to appear during trial, It is also equivalent to a waiver to present evidence.
The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia, the court can decide even without the accused's evidence. Accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against him.
The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination - the State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived.
Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Note: If the witness refuses to testify when he is required, the court should order the witness to bail or order his arrest, if necessary failure to obey subpoena to amount to contempt of court.
Facts to be considered to determine whether the right to speedy trial has been violated;
-length of the delay
-Reason for the delay
-the accused assesrtion or non-assertion of the right
-prejudice to the accused resulting from the delay.
Denial of the right to speedy trial is a ground for dismissal
-the case against detained accused may be dismissed on the ground of the right to speedy trial on the event of the failure to observe the time limits.
Rights of the persons under custodial investigation
Custodial investigation happen if the investigator will invite the person and ask the same about the crime happened and there is deprivation of his liberty. And the question is not general inquiry.
1. Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation
2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and;
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
SUBIJANO, ARLENE V.
BS CRIMINOLOGY -3C3
In this lesson, I've learned that:
In RULE 115 - Rights of the Accused
Rights of Accused at the Trial
• Rights to be presumed innocent.
Presumption of innocence - means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent.
- means that a person may not be punished without the observations of due process and without the court of law pronouncing the accused as guilty.
- the conviction should be based on the strength of the prosecution and not on the weakness of the defense.
REASONABALE DOUBT is the doubt endangered by an investigation of the whole proof and an inability.
EQUIPOISE RULE the evidence in the prosecution is either balance. The accused are entitled to an act of acquittal.
REVERSE TRIAL happens if the accused admits the killing but claims sf - defense.
• Right to be informed of the nature and the cause of the accusation against him.
- no person can be detained without the information regarding; what is the violation of law for which he is being detained for
- more on the information to be given or to be furnished to the accused
- facts and circumstances.
- may not be waived
Three instances when the presence of the accused is mandatory in criminal proceedings
1 during arraignment the information will be read and ask if it guilty or not guilty.
2 promulgation of judgment except when the conviction is for alight offense
3 identification the witness for the prosecution will have to point to the person or accused.
Waiver of right to be present during trial
- set forth in bail
- absence of the accused without justifiable cause
- accused jumps bail
• Right to be present and defend in person and by counsel at every stage of the proceeding.
• Right to counsel.
- day and night a lawyer can visit his client
• Right to testify as a witness in he’s own behalf.
- f the accused would like to clear his name, he wants to prove his innocence the he can testify by and on his own.
• Right against self - incrimination
- self-incrimination a person may not be compelled to testify against himself
• Right to confront and cross examine witnesses against him at trial.
- the accused can cross - examine the witnesses against him through a concept
• Right to compulsory process
- issuance of subpoena ad tescificandum or subpoena duce’s tecum
- if a witness refuses to testify when he required, the court should order the witness to give bail or order his arrest, if necessary.
- failure to obey a subpoena amounts to co tempt of court.
• Right to a speedy, impartial and public trial.
- the right to a speedy trial it is a trial free from continuance and unnecessary delay
- the right to impartial trial the impartiality and cold neutrality of a judge.
Facts to be considered to determine whether the right to speedy trial has been violated
- length of the delay
- reason for the delay
- the accused assertion or non assertion of the right
- prejudice to the accused resulting from the delay
TRIAL BY PUBLICITY
- not incompatible with free press
• Right to appeal on all cases allowed by law and in the manner prescribed by law.
Right of Persons Under Custodial Investigation
CUSTODIAL INVESTIGATION
- Questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprive of his freedom of action in any significant manner.
Right of Persons Under Custodial Investigation
1. the person arrested, detained, invited or under custodial investigation must be informed on a language known to understood by him of the reason for the arrest and he must be shown the warrant of arrest.
2. he must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against hi.
3. he must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. he must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him
5. he must be informed that no custodial investigation in any form shall be conducted except on the presence of his counsel or after a valid waiver has been made.
6. he has the right to communicate or confer by the most expedient means
7. he has the right to waive any of said rights provided it is made voluntarily.
8. done in writing and in the presence of counsel
9. he may indicate in any manner at any time of the process that he does not wish to be questioned with warning
10. his initial waiver of his right to remain silent
11. he must also be informed that any statement or evidence as the case may be obtained in violation of any of the foregoing.
Thank you po sir.
DEL MUNDO, SHAINA D.
3C4
This is the summary of what I've learned;
The rights of the accused are protected under Rule 115.
Until proven guilty, the accused has the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation leveled against him, to have a speedy, impartial, and public trial, to meet witnesses face to face, and to have mandatory process to ensure witness attendance and the production of evidence in his favor. The presumption of innocence means that a person may not be punished without following due process and without a court of law declaring the accused guilty. In other words, a mere accusation is not the same as a conviction; only a court of law can convict the accused of the crimes or the crime charge against him. The constitution vests the authority or power to convict the accused in the courts of law, and only the courts of law can convict an accused, hence a person is presumed to be innocent until and until they are found guilty by the courts of law. So that the accused does not have to establish his innocence, but because of the presumption of innocence, the accused does not have to prove his innocence, but it is the Prosecution's obligation or burden to prove all aspects of the crime accusation.
BICOMONG,RYAN GIMEL M.
good day sir ,this is what i learn from this topic.
Here are my key points about the rights of 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.
Good Day Atty.! Thank you for this lesson. This is the summary of what I’ve learned;
Rights of the Accused Rule 115
- Provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the accused at the Trial
*Rights to presumed innocent
- This is what we call as presumption of innocence. (Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent.)
- Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
- A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.
(Only the courts of law can convict an accused.)
*Right to be informed of the nature and the cause of accusation against him
- It means that whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him.
*Right to present and defend in person and by counsel at every stage of the proceedings
- During the pendency of the trial of a criminal case the accused has the right to be present. In other words the court may not be exclude the accused from participating or observing the trial of his case. What is at stake? Is the liberty of the accused then he has the right to participate in the proceedings, he has the right to attend the hearings and he has the right to be present thereat.
*Right to counsel
- It means that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer you cannot deny that right.
*Right to testify as a witness in his own behalf
- This means that if the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for himself.
*Right against self-incrimination when you say self
- Incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
*Right to confront and cross examine witnesses against him at trial
- The accused can cross examine the witnesses against him through a counsel and during trial. Because it is the right of the accused to cross examine witnesses against him.
*Right to compulsory process
- Remember that most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense.
- Subpoena duces tecum means order of the court requiring a person to produce documents.
*Right to a speedy, impartial and public trial
- The accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay.
- Aside from that he also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court.
- A public trial meaning the cases will be conducted with the view of the public.
*Right to appeal on all cases allowed by law and in the manner prescribed by law.
Right to Presumed Innocent
General Rule;
- Accusation is not synonymous with guilt
- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt.
- Conviction of the accused should be based on the strength of the prosecution and not on the weakness of the defense. This means that even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal.
Exemption;
- One of the justifying circumstances is self-defense is the accused committed the crime acting upon lawful defenses.
- In cases of self-defense - the person invoking self-defense is presumed guilty because of the acts constituting the crime. In this case, a reverse trial will be held.
- Reverse trial - the first one who will present evidence is the accused instead of the prosecution because the accused admit the crime.
Reasonable Doubt
- The doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt.
- Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof to requisite to constitute the offense.
Equipoise Rule
- The evidence of the prosecution is evenly balance with the evidence of the accused.
- The constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
Reverse Trial
- A reverse trial happens if the accused admits the killing but claims self-defense.
- He must first establish the elements of self-defense in order to overturn the presumption that he was guilty of the offense.
Accused's Right to be informed
- The accused must be informed of what is the offense that he is being charged with.
Waiver of Right to be informed
- The right to be informed may not be waived.
- It is a basic right of the accused to be informed of the nature and cause of the accusation against them.
- Which is why you have to inform the accused of the facts and circumstances constituting the crime in order to enable a person of common understanding to know what offense is being charged.
Instances when the presence of the accused is mandatory in criminal proceedings
*When the order by the court for purposes of identification
- The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
*During Arraignment (Sec. 1 (b), Rule 116)
- The information will be read tot the accused and he will be asked if he is guilty or not.
*Promulgation of judgment
- Except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative.
Waiver of the right to be present during the trial
*Right to be present may be waived by;
- A waiver pursuant the stipulation set forth in his bail
- Absence of the accused without justifiable cause
- If the accused jumps bail
Effects of the waiver of the right to appear by the accuse
- When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence.
- The prosecution can present evidence despite the absence of the accused as long as there has been arraignment.
(The case will continue even if the accused is not present or known as trial in absentia.)
Accused's refusal to testify
General Rule
- The silence of the accused should not be used against him
Exception
- When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
General Rule
- The right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused.
- Self-incrimination the accused may not be compelled to testify against himself.
- The right against self-incrimination includes only testimonial evidence.
Purpose of the right against self-incrimination
-The State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination
- If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer then such right can be waived.
Confrontation
- The accused has the right to confront witnesses face to face.
- The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
Rule regarding the testimony of a witness who dies or becomes unavailable
- If the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence
- If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value.
Right to compulsory process
- This are the accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence. .
Note;
- If a witness refuses to testify when he is required, the court should order the witness to give bail or order his arrest.
Facts to be considered to determine whether the right to speedy trial has been violated
- Length of the delay
- Reason for the delay
- The accused assertion or non-assertion of the right
- Prejudice to the accused resulting from the delay
Denial of right to speedy trial a ground for dismissal
- The case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe the time limits.
Trial by Publicity
- The right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation Custodial Investigation
- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Note;
- Invitation to a person who is in connection with an offense he is suspected to have committed, without prejudice to die liability of the inviting officer for any violation of law.
*Rights of the persons under custodial investigation
- Reason for the arrest and he must be shown the warrant of arrest;
- He must be warned that he has a right to remained silent and that any statement he makes may be used as evidence against him;
- He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice;
- He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
- That whether or not the person arrested he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made;
- The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer;
- He must be informed that he has the right to waive of any said rights;
- If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
- He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Importance of the right to counsel in custodial investigation
- Is so vital that under existing law, in the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provision of Art. 25 of the RPC.
Note;
- The purpose of providing counsel to a person under custodial investigation is to curb the uncivilized practice of extracting a confession.
Waiver of right to counsel during trail
- It can be waived when the accused voluntarily submits himself to the jurisdiction of the court and proceeds with his defense.
Accused to defend himself without the aid of a counsel
- Only which it sufficiently appears that he can properly protect his right without the assistance of the counsel.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation
*For an extrajudicial confession to be valid the following must concur;
- It shall he in writing and signed by the person arrested, detained or under custodial investigation;
- It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and;
- In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
OSUNA, CHARLENE MAY M.
3C2 BS-CRIMINOLOGY LSPU-SPCC
PASTRANA, KATRINE L.
3C2
RULE 115 THE RIGHTS OF THE ACCUSED
- This provides the enumeration of the different constitutional and statutory rights of the accused.
RIGHT TO BE PRESUMED INNOCENT (presumption of innocence)
- which means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. In addition, this also means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
- A mere accusation is not equivalent to a conviction, only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or the prosecutors.
- The constitution vest the authority or the power to convict the accused to the court of law, only the courts of law can convict an accused. So without conviction by the courts of law a person is presumed to be innocent that is why the accused does not have the obligation to prove his innocence but because of the presumption of innocence the accused does not have the obligation to prove his innocence but it the OBLIGATION OR THE BURDEN OF THE PROSECUTION needs to prove all the elements of the crime charge.
The accused has the RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION against him.
- It means that whatever is being charged of the accused he must be informed and has the right to be informed regarding cause of the accusation against him.
- No person can be detained without the information regarding what is the violation of law for which he is being detained for
- It is more of the information to be given or to be furnished to the accused.
CAUSE OF THE ACCUSATION
- What is or what are the exact statement of facts that he allegedly committed because if the accused would not be informed of the nature and cause of the accusation against him he will not be able to intelligently defend himself.
- He should be apprised of the nature and cause of accusation against him.
RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING
- During the pendency of the trial of a criminal case, the accused has the right to be present (the court may not exclude the accused from participating or observing the trial of his case since what is at stake is the liberty of the accused).
- The accused has the right to participate in the proceedings.
- He has the right to attend the court hearings
- He has the right to be present there at corollary with such right.
- The accused also has the right to defend himself in person and by counsel at every stage of the proceeding.
RIGHT TO COUNSEL
- The accused will have the right to choose an independent and competent counsel or attorney of his choice.
- You cannot deprive the accused if the accused would like to talk to his lawyer. If the accused would like to confer to his lawyer, you cannot deny that right.
- He has the right to be represented by a lawyer as a matter of at any time (day and night) a lawyer can visit his client. A lawyer may not be deprived of his representation in a concept as police officers.
- You cannot prevent the lawyer from confiding with his client with absolute confidentiality pursuant to the right of the accused to counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
- If the accused would like to clear his name or he wants to prove his innocence then he can testify on his own.
- You cannot prevent the accused from testifying for himself.
RIGHT AGAINST SELF-INCRIMINATION
- Here, self-incrimination means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
- The accused has the right to confront and cross-examine witnesses against him at trial.
- The defense counsel will always conduct cross-examination against you, not because that cross-examination is the duty of the lawyer but because the accused has the right to cross-examine all witnesses against him during trial. When a lawyer conducts the cross-examination that duty of the lawyer is not presumed to his obligations as a counsel but pursuant to the right of the accused to cross-examine witnesses against him at trial.
RIGHT TO COMPULSORY
- Most of the accused during trial can be behind bars, they are detained because most accused are deprived of their liberty and therefore they cannot go out. In order to procure evidence for their defense, the accused can ask the court to issue its compulsory process.
- To issue an order (subpoena- order of the court requiring a person to produce documents) if the accused would like to procure a witness for his defense, he can ask the court to issue a subpoena.
- The accused can ask the court to issue orders for the production of documents or persons for his defense.
RIGHT TO SPEEDY IMPARTIAL AND PUBLIC TRIAL
- The accused has the right to a speedy trial which is objections on the motion of the prosecution for postponement.
- Why does a defense counsel object to emotion for postponement? Simply because guaranteed by rule 115 the accused has the right to a speedy triad- it is a trial free from continuance and unnecessary delay aside from the fact that he accuses the right to a speedy trial he also has the right to an impartial trial.
- The impartiality and cold neutrality of a judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as a code neutral officer of the court and a public trial. Meaning, the cases will be conducted with the view of the public so the right to speedy impartial and public trial is exercised. Here, the right to appeal on all cases allowed by law and in the manner prescribed by law.
GENERAL RULE
- An accusation is not synonymous with guilt, the presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The constitutional presumption of innocence is an evidence of guilt beyond reasonable doubt. The burden to prove that that the accused is guilty of the crime charge that lies on the prosecution to overcome such presumption by presenting the quantum of evidence (weight of evidence) is required in order to convict the accused whether guilty or guilt beyond reasonable doubt.
SUPREME COURT CONVICTION OF THE ACCUSED
- It should be based on the strength of the evidence of the prosecution and not on the weakness of the defense
- An epic obedient class conviction should be based on the strength of the prosecution and not on the weakness of the defense. Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to adapt it because conviction should be based on the strength of the prosecution and not on the weakness of the defense.
EXCEPTIONS TO THE GENERAL RULE ON PRESUMPTION OF INNOCENCE
1. CASES OF SELF-DEFENSE
- Under Article 11 of the RPC (JUSTIFYING CIRCUMSTANCES), self-defense is when the accused committed the crime acting upon a lawful defense.
- The person invoking self-defense is presumed guilty in this case but a reverse trial will be held. It means that the defense will present evidence ahead of the prosecution and the legislature may enact that when certain facts have been proved they shall have prima facie evidence of the existence of guilt of the accused and shift the burden of proof.
- The evidence required to convict the accused is proof beyond reasonable doubt reasonable doubt (doubt engendered by an investigation of the whole proof and an inability after such investigation to let the mind rest easy upon certainty of guilt or absolute certainty is not demanded by law to convict any criminal charge but only mere uncertainty is required as to every proposition of proof requisite to constitute the offense)
EQUIPOISE THE EVIDENCE OF THE PROSECUTION
- Where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
REVERSE TRIAL
- It happens if the accused admits the killing but claims that it is a self-defense. So in any case where the accused will admit the commission of the crime but claim a lawful defense then there will be a reverse trial in which case the accused will present evidence ahead of the prosecution. He must first establish the elements of self-defense in order to overturn the presumption that he was guilty of the offense.
- This is the time wherein right to be informed should take charged. The right requires that the information that should state the facts and circumstances constituting the crime charge in terms of its sufficiency, it is to enable a person of common understanding to know what offense is being charged. When you see the right of the accused to be informed (the nature and cause of accusation against him the accused must be informed) of what is the offense that he is being charged to him. If a person is arrested based on an offense which has not been informed of him, then you will violate the right of the accused to be informed of the nature and circumstances.
NOTE: Nature and cause of accusation against him may not be waived. You cannot ask the accused to sign a waiver that it does not wish to be informed of the nature and cause of acquisition against him. This is essential since in the Martial Law Era as it highlighted the abuses to the activists. They are being arrested and detained for a couple of weeks and or months because they do not know for which law or for which of a crime did they ever commit. They are just kept in prison not knowing the acts they’ve done.
INSTANCES WHEN THE PRESENCE OF THE ACCUSSED IS MANDATORY IN CRIMINAL PROCEEDINGS
ACCUSED’S RIGHT TO BE INFORMED
1. ARRAIGNMENT
- The information will be read to the accused and he will be asked whether his plea is guilty or not guilty.
2. PROMULGATION OF JUDGEMENT
- Except when the conviction is for a light offense, it may be pronounced in the presence of his counsel or a representative.
3. IDENTIFICATION
- The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused especially during trial or direct examination.
- Nowadays they are conducting online hearings (automated or video conferencing).
EXCEPTION
1. A waiver pursuant to the stipulation set forth in his BAIL.
2. ABSENCE OF THE ACCUSED WITHOUT JUSTIFIABLE CAUSE at the trial of which he had noticed shall be considered as a waiver of his right to be present thereat.
3. The ACCUSED JUMPS BAIL, if you submit such automatic waiver of the right to be present on all subsequent trial dates until custody over him is regained. (This is essential except if you voluntarily surrender to the court)
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED now when the
1. It is also equivalent to a waiver to present evidence.
2. The prosecution can present evidence despite the absence of the accused.
3. The court can decide even without the accused’s evidence. so these are the
ACCUSED’S REFUSAL TO TESTIFY
GENERAL RULE
- The silence of the accused should not be used against him. to
EXCEPTIONS
1. When the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence.
2. If the evidence of the accused is alibi and he does not testify, the inference is that the alibi is not believable.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
GENERAL RULE
- Testimonial compulsion and not the compulsion to real and physical evidence using the body of the accused.
- It includes only testimonial evidence real and physical evidence doesn’t belong.
EXCEPTIONS
1. Forfeiture of illegally obtained wealth
2. Bribery and graft case
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION is so that
- State will not use its coercive powers from extracting from the suspect testimony that may convict him.
WAIVER OF THE RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION
- If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before this answer, then such right can be waived.
CONFRONTATION
1. The act of setting witness face-to-face.
2. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of evidence in his behalf.
RULES REGARDING THE TESTIMONY OF A WITNESS WHO DIES OR BECOME UNAVAILABLE
- The other party had the opportunity to cross-examine the witness before he died and became unavailable then the testimony may be used as evidence.
- If there is no opportunity to conduct cross-examination before the death or unavailability of the witness then the testimony will have no probative value.
RIGHT TO COMPULSARY PROCESS
- SUBPOENA AD TESTIFICANDUM OR SUBPOENA DUCES TECUM (issuance of the compulsory orders in his behalf in order to compel the attendance of witnesses in the production of other evidence).
NOTE: If a witness refuses to testify when he is required, the court should order the witness to give his bail or order his arrest if necessary or worse it will amount to contempt of court.
FACTS TO BE CONSIDERED TO DETERMINE WHETHER THE RIGHT SPEEDY TRIAL HAS BEEN VIOLATED
1. Length of delay
2. Reason for the Delay
3. The accused’s assertion or non-assertion of the right
4. Prejudice to the accused resulting from the delay
DENIAL FOR THE GROUND OF SPEEDY TRIAL A GROUND FOR DISMISSAL
- Failure to observe the time limits
SERVICE OF SUBPOENA AND NOTICES THROUGH ELECTRONIC MAIL OR MOBILE PHONES (phone calls or short messages)
TRIAL BY PUBLICITY
- A fair trial is not incompatible with the free press.
CUSTODIAL INVESTIGATION
- Questioning by the law enforcement authorities (after a person has been taken into custody) and he is deprived of his freedom of action in any significant manner.
RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION
1. The person arrested, detained, invited or under custodial investigation must been informed in a language known to or understood by him of the reason for the arrest and he must be shown out the warrant of arrests.
2. Right to remain silent that any statement he makes may be used as evidence against him.
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer one will be provided for him.
5. No custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6. The right to communicate or confer to the most by the most expedient means.
7. Right to waived.
8. It must be done in writing and in the presence of counsel.
9. The person arrested must be informed that they may indicate in any manner and at any stage of the process that he does not wish to be questioned with warning that once it makes such indication the police may not interrogate him.
10. The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from invoking it at any time during the process whether he may have answered some questions or volunteered some statements.
11. He must also be informed that any statement or evidence as the case may be, obtained in violation of the foregoing whether inculpatory or exculpatory, in whole or in part shall be inadmissible in evidence.
IMPORTANCE OF THE RIGHT TO COUNSEL IN INVESTIGATION
- The importance of the right to counsel is so vital that under existing law in the absence of any lawyer in a custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of article 125 of the revised penal code.
12 HOURS- Light Penalties
18 HOURS- Correctional Penalties
36 HOURS- Afflictive Penalties
DISTINCTION BETWEEN THE RIGHT TO COUNSEL DURING TRIAL AND RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION
RIGHT TO COUNSEL DURING TRIAL
- The right of the accused to an effective counsel.
RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION
- Requires the presence of competent and independent counsel of your own choice.
GARING, DOLORES E. (3C4)
GOOD DAY SIR!
The following are the summary of what I’ve learned from your lesson.
(Rule 115 )PROVIDES: Rights of the accused
-Rights to PRESUMED INNOCENT
Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge, then he is to be presumed innocent. Presumption of innocence means a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
*A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.*
-Right TO BE INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION against him
Whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
-Right TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS
The court may not be excluding the accused from participating or observing the trial of his case.
-RIGHT TO COUNSEL
The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client.
-RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
You cannot prevent the accused from testifying for him. The accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own.
-Right AGAINST SELF-INCRIMINATION
SELF-INCRIMINATION means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
-Right TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL
The accused can cross examine the witnesses against him through a counsel.
-Right TO COMPULSORY PROCESS
The accused can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum.
-Right TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL
The accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge.
-RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW and in the manner prescribed by law Right to presumed innocent
The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense
*AS A GENERAL RULE, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
-SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION:
The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
-PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION- The State will not use its coercive powers from extracting from the suspect testimony that may convict him.
-WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION
If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before he answer then such right can be waived.
-RIGHT TO COMPULSARY PROCESS
The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY - the right of the accused to a fair trial is not incompatible with free press.
-RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION
The questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
RIGHTS OF THE PERSONS UNDER CUSTODIAL INVESTIGATION
1. Reason for the arrest and he nust be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent.
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provide for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation
AN EXTRAJUDICIAL CONFESSION TO BE VALID THE FOLLOWING MUST CONCUR:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver; and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
UMALI, ANGELICA JANE M.
3C2
Good day and thank you po Attorney.
This is the summary of what I've learned in Rule 115.
RIGHTS OF THE ACCUSED
RULE 115
RIGHTS OF ACCUSED AT THE TRIAL
Right to be presumed innocent
-It is also called presumption of innocent. It means that unless and until a person accused of a crime is proven beyond reasonable doubt, guilty the crime charged then he is presume innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to conviction only the court of law can convict the accused of the crime charged of him not even the law enforcement authority or the prosecutor will have the authority to pronounce that the accused is guilty of a crime. The constitution vests the authority or power to convict the accused to the court of law, only the court of law can convict the accused. Without the conviction of by the court of law then the accused is presumed innocent. The accused does not have obligation to prove his innocence but because of the presumption of innocent; but it is the obligation or the burden of the prosecution to prove all the element of the crime charged.
Right to be informed of the nature and the cause of the accusation against him;
-Whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. Cause of accusation means what are the exact statement of facts that is he allegedly committed. If the accused is not informed of the nature and cause of the allegation against him he will jot able to intelligently defend himself.
-No person can be detained without the information regarding what is the violation of law for which he is being detained for.
Right to be present and defend in person and by counsel at every stage of the proceeding
-during the dependency of the trial of the criminal case the accused has the right to be present, the court may not exclude the accused from participating or observing the trial of his case, what is at stake? It is the liberty of the accused then the accused has the right to participate in the proceeding. He has the right to attend the court hearing and he has the right to present there at. The accused has also a right to defend himself in person and by counsel at every stage of the proceedings.
Right to counsel
-The accused will have the right to choose an independent and competent counsel or attorney of his own choice. You cannot deprive the accused, if the accused if the accused would like to talk or confer to his lawyer, you cannot deny that right because an accused during trial has the right to be presented by a lawyer.
- At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel. As a police officer you cannot deprive the lawyer from conferring with his client with absolute confidentiality pursuant to the right to counsel.
Right to testify as a witness in his own behalf
-If the accused would like to clear his name, he wants to prove his innocence then he can testify by on his own witness. You cannot prevent the accused from testifying for him.
Right against self-incrimination
-Self- incrimination means that a person may not be compelled to testify against himself. You cannot force a person to admit the charged against him.
Right to confront and cross examine witnesses against him at trial
-The accused can cross examine the witnesses against him through a counsel. He has the right to confront the witnesses and examine them during trial.
If you become witnesses for prosecution the defense counsel will always conduct cross examination against you not because that cross examination is the duty of the lawyer but because the accused has the right to examine all the witnesses during trial.
When a lawyer conduct a cross examination that duty of the lawyer is not pursuant to his obligationas a counsel but pursuant to the right of the accused to examined witnesses.
Right to compulsory process
-Most of the accused during trial can be behind bars, they are detained (PDL PERSONS DEPRIVED OF LIBERTY) because most accused is deprived of their liberty, they cannot go out in order to procure evidence for their defense. The accused can asked the court to issue its compulsory process to issue an order subpoena ducesticum or subpoena ad testificandum.
Subpoena ducesticum- order of the court requiring a person to produce document. If the accused would like to procure a witness for his defense, he can ask the court to issue subpoena ad testificandum, this is a compulsory process, an orders from the court pursuant to the right of the accused to compulsory process. The accused can ask the court to issue orders for the production of document or persons for his defense.
Right to speedy, impartial, and public trial; and
-The accused has the right to speedy trial, the defense counsel always object for motion of postponement because as guaranteed by rule 115, the accused has the right to speedy trial. Speedy trial means it is a trial free from continuous and unnecessary delay. Impartial trial, the judge would not presumed the accused to be guilty of the crime charged but the judge must be seating in his position as code neutral of the court. Public trial means cases would be conducted with the view of the public.
Right to appeal on all cases allowed by law and in the manner prescribed by law (sec. 1, Rule 115)
RIGHT TO BE PRESUMED INNOCENT
-The burden of proof that the accused is guilty of the crime charged lies on the prosecution to overcome such presumption by presenting the quantum evidence required. The quantum of evidence or the weight of the evidence required in order to convict the accused is guilty beyond reasonable doubt
-Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to acquittal.
-Art. 11 of RPC justifying circumstance, self- defense means when the accused committed crime acting upon a lawful defense. In cases of self-defense the person invoking self-defense is presumed guilty, a reversed trial will be held. In self-defense there can lawful aggression in the victim. Because of the unlawful aggression the person to be attack will employ reasonable means to prevent or repeal such act. If you acted in self defense, the accused will admit the crime charged bit in a reason for self defense. Presumed guilty because of his admission.
-In reverse trial, the first one who will present the evidence is the accused instead of prosecution. Lawful defense, in self defense the accused is presume guilty and reverse trial will ne held. The defense will presence evidence that is ahead from the prosecution.
REASONABLE DOUBT
-If there is a reasonable doubt, the accused will be acquitted.
EQUIPOISE RULE
-Equal evidence of prosecution and defense, the accused is entitled for acquittal.
ACCUSED’S RIGHT TO BE INFORMED
-The accused must be informed of what is the offense that he is being charged with. If the person is arrested base on the offense which is not informed of him then you will violate the right of the accused to be informed the nature and circumstances of the charges against him.
-Right to be informed of the nature and cause of accusation against him has been highlighted because of the abuses during Martial law Era, where the activist is arrested left and right and detained for a couple of weeks or months and they do not know for which crime they did commit. They just keep in prison or behind bars. You have to inform the accused of the nature and cause of the accusation against him.
WAIVER OF RIGHT TO BE INFORMED
-You cannot asked the accused to signed a waiver that he does not wish to inform the nature and cause of the accusation against him.
INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS
During arraignment Sec 1 b Rule 116
-The information will be read to accused a d he will be asked whether his plea is guilty or not guilty
Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative (Sec 6, rule 120) and
When ordered by the court for purposes of identification (Sec. 1 rule 115)
-Identification means the witness for prosecution will have to point the person of the accused. He needs to identify who is the accused.
-In the three instances, the presence of the accused is mandatory.
WAIVER OF RIGHT TO BE PRESENT DURING TRIAL
Right to be present may be waived by:
-A waiver pursuant to the stipulation set forth in his bail
-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; and
- If the accused jumps bail, such shall be an automatic waiver if the right to be present on all subsequent trial dates until custody over him is regained ( sec 1 c rule 115)
Jumps bail means there is a notice of hearing but did not attend. If you jump bail, you are waiving your right to be present in all trial dates except when you voluntarily surrender to the court.
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED
-It is also a waiver to present evidence
*If you do not attend the trial you also waive to present evidence
-Prosecution can present evidence despite the absence of the accused; and
*Trial in absentia-
-The court decides even without accused’s evidence.
ACCUSED’S REFUSAL TO TESTIFY
-The accused can testify or not except when the prosecution established a prima facie case, the accused must present proof to overturn the evidence.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
-Right against self-incrimination- the accused may not compelled to testify against himself. In right against self- incrimination only include testimonial evidence but real and physical evidence is not included in the scope.
WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION
-If the accused failed to invoke his privilege on right against self-incrimination after the incriminating question asked and before his answer then such right can be waived.
RULE REGARDING THE TESTIMONY OF A WITNESS WHO DOES OR BECOME UNAVAILABLE
-If there is a opportunity to cross examine before he die or became unavailable, even if the witness dies, it can used as evidence
RIGHT TO COMPULSARY PROCESS
-If you receive a subpoena and then you did not obey it will amount to contempt of court and therefore the court can order your arrest.
DENIAL OF RIGHT TO SPEEDY TRIAL A GROUND FOR DISMISSAL
-If there is no presented evidence, the accused can ask the court to dismiss the case because of the violation of the speedy trial act. If the right to speedy trial was violating, it can be ground for dismissal of the case.
CUSTODIAL INVESTIGATION
-Stopping the person of freedom of action or deprived of freedom of action. The question being asked is not general inquiry and became specific then considered the person as suspect then the investigation will be considered as custodial investigation.
THE IMPORTANCE OF THE RIGHT TO COUNSEL IN CUSTODIAL INVESTIGATION
-If no lawyer, as a rule there is no custodial investigation.
12 hours- light penalties
18 hours- crimes punishable by correctional penalties
36 hours- crimes punishable by afflictive or capital penalties
DECASTRO, WENDEL R.- 3C1 Sir. Thank you for the lecture, this are the summary of what I’ve learned
RIGHTS OF THE ACCUSED RULE 115 - RIGHTS OF THE ACCUSED RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT
Means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused.
RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM - Whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING - During the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL - The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
RIGHTS AGAINST SELF-INCRIMINATION -A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL- The accused can cross-examine the witness against him through counsel. RIGHT TO COMPULSORY PROCESS Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense).
REASONABLE DOUBT- Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
EQUIPOISE RULE -The evidence of the prosecution is evenly balance with the evidence of the accused.
REVERSE TRIAL - A reverse trial happens if the accused admits the killing but claims self-defense.
ACCUSED'S RIGHTS TO BE INFORMED -
To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION- Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION - The state will not use its coercive powers from extracting from the suspect testimony that may convict him.
WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION - If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
CONFRONTATION The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
RIGHT TO COMPULSORY PROCESS - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY - The right of the accused to a fair trial is not incompatible with free press.
Rights of the persons under custodial investigation:
1. Reason for the arrest and he nust be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned.
Thank you, here is the summary of my notes and learning:
Rule 115 RIGHTS OF THE ACCUSED
It provides for the enumeration of the different constitutional rights of the accused at the trial
According to the constitution the rights of the accused must be guaranteed one of them is the Right to be presumed innocent or presumption of innocence wherein unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority bot even the prosecutor will have the authority to pronounce the guilt of a person. The presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. In case of self-defense (act of lawful defense), the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. The legislature may enact that when a certain facts have been proved, they shall be prima facie of evidence of the existence of guilt of the accused and shift the burden of proof.
Right to be informed of nature and the cause of the accusation against him, whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him.
Right to be present and defend in person and by counsel at every stage of the proceeding wherein during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
Right to counsel which is the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer.
Right to testify as a witness in his own behalf, if the accused would like to clear his name, he wants to prove he's innocent then he can testify by and on his own.
Right against self-incrimination, a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
Right to confront and cross examine witnesses against him at trial; the accused can cross-examine the witness against him through counsel.
Right to compulsory process where most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense, the accused may ask the court to issue its compulsory process which we call a subpoena.
Right to a speedy, impartial, and public trial - the accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge.
Public trial in which trial will hold in the view of the public.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to be presumed innocent is a conviction should be based on the strength of the prosecution and not on the weakness of the defense. In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim.
Reasonable doubt is the absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Equipoise rule is the evidence of the accused is balance.
Reverse trial is a reverse trial happens if the accused admits the killing but claims self-defense.
Accused's rights to be informed, the accused must be informed of what is the offense that he is being charged with.
Waiver of the right to be informed is the right to be informed may not be waived.
Effects of waiver of the right to appear by the accused
it is a waiver to present evidence;
the prosecution can present evidence despite the absence of the accused is the case will continue even the accused is not present;
the court can decide even without accused evidence
As a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
Rights of persons under custodial investigation
The custodial investigation is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation
For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation;
2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver; and
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
CAPONPON, ELLIEN H. 3C3
Thank you Sir, this is the summary that what I've learned on your discussion:
Rule 115- Rights of the Accused
-provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the Accused at the Trial
*Rights to presumed innocent
-call as presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
*Right to be informed of the nature and the cause of accusation against him
-whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding because of the accusation against him.
*Right to present and defend in person and by counsel at every stage of the proceedings
-during the dependency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
*Right to counsel
-the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer.
*Right to testify as a witness in his own behalf
-if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
*Right against self-incrimination
-self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
*Right to confront and cross examine witnesses against him at trial
-the accused can cross examine the witnesses against him through a counsel.
*Right to compulsory process
-most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. -subpoena duces tecum - order of the court requiring a person to produce documents.
*Right to a speedy, impartial and public trial
-the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court.
*Right to presumed innocent
-The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
*Reasonable doubt
-absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every preposition of proof requisite to constitute the offense.
-Equipoise Rule -the evidence of the prosecution is evenly balance with the evidence of the accused.
-Reverse Trial -a reverse trial happens if the accused admits the killing but claims self-defense.
*Waiver of the right to be informed
-the right to be informed may not be waived.
*Effects of waiver of the right to appear by the accused
-it is also a waiver to present evidence.
*The prosecution can present evidence despite the absence of the accused
-the case will continue even the accused is not present The court can decide even without accused evidence.
*Can the accused refuse to testify?
-As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
*RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
*Custodial investigation
-it is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1.) Reason for the arrest and he must be shown the warrant of arrest.
2.) He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him.
3.) He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4.) He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5.) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.) The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer.
7.) He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same.
8.) If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel.
9.) He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur:
1.) It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2.) It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and;
3.) In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
De Luna Jr., Dominador A. 3C4
Thank you, Sir.The following are the summary of your discussion. Those rights below shall be discussed and summarized.
RIGHTS OF THE ACCUSED
RULE 115 - RIGHTS OF THE ACCUSED
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT
Those rights aforementioned above states that, unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused.
RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM
The accused have the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING
From thus instances, during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL
The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. No one can prevent the accused from testifying for his own to clear his/her name for the accusations.
RIGHTS AGAINST SELF-INCRIMINATION
A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL
The accused can cross-examine the witness against him through counsel.
RIGHT TO COMPULSORY PROCESS
Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense).
RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL
The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Public trial in which trial will hold in the view of the public
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW
-
RIGHT TO BE PRESUMED INNOCENT
Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
The QUANTUM OF EVIDENCE or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
During the cases of SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim.
REASONABLE DOUBT
Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
EQUIPOISE RULE
The evidence of the prosecution is evenly balance with the evidence of the accused.
REVERSE TRIAL
A reverse trial happens if the accused admits the killing but claims self-defense.
ACCUSED'S RIGHTS TO BE INFORMED
To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with.
INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS
During arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty.
Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
When the order by the court for purposes of identification
IDENTIFICATION
The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
WAIVER OF THE RIGHT TO BE INFORMED
When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present. The court can decide even without accused evidence.
ACCUSED REFUSE TO TESTIFY
As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION
The state will not use its coercive powers from extracting from the suspect testimony that may convict him.
WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION
If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
CONFRONTATION
The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
RIGHT TO COMPULSORY PROCESS
The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY
The right of the accused to a fair trial is not incompatible with free press.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him
3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
Here are the requisites for the validity of an extra judicial confession that was being made by detained, person arrested, and or under custodial investigation.
For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation
2. It must be signed in the presence of his counsellor in the latter's absence, upon a valid waiver and;
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel that was being chosen by the accused.
Roque, Alexandra 3C2
Thank you, Sir.
The following is what I have learned through the video.
RIGHTS OF THE ACCUSED
RULE 115 - RIGHTS OF THE ACCUSED
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT
Means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person. The constitution vests the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused.
RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM
Whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING During the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL
The accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
RIGHTS AGAINST SELF-INCRIMINATION
A person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL
The accused can cross-examine the witness against him through counsel.
RIGHT TO COMPULSORY PROCESS
Most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum (order of the court requiring a person to produce documents) or subpoena ad testificandum (the accused can ask the court to issue orders for the production of documents or persons for his defense).
RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL
The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. Public trial in which trial will hold in the view of the public
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW
-
RIGHT TO BE PRESUMED INNOCENT
Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
The QUANTUM OF EVIDENCE or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
In case of SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim.
REASONABLE DOUBT
Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
EQUIPOISE RULE
The evidence of the prosecution is evenly balance with the evidence of the accused.
REVERSE TRIAL
A reverse trial happens if the accused admits the killing but claims self-defense.
ACCUSED'S RIGHTS TO BE INFORMED
To be informed of the nature and cause of the accusation against him. The accused must be informed of what is the offense that he is being charged with.
INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS MANDATORY IN CRIMINAL PROCEEDINGS
During arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty.
Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
When the order by the court for purposes of identification
IDENTIFICATION
The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
WAIVER OF THE RIGHT TO BE INFORMED
The right to be informed may not be waived.
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED
When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.
The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present
The court can decide even without accused evidence
ACCUSED REFUSE TO TESTIFY
As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION
The state will not use its coercive powers from extracting from the suspect testimony that may convict him.
WAIVER OF RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION
If the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
CONFRONTATION
The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
RIGHT TO COMPULSORY PROCESS
The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY
The right of the accused to a fair trial is not incompatible with free press.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him
3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made
6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer
7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same
8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel
9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
REQUISITES FOR THE VALIDITY OF AN EXTRAJUDICIAL CONFESSION MADE BY A PERSON ARRESTED, DETAINED, OR UNDER CUSTODIAL INVESTIGATION
For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation
2. It must be signed in the presence of his counsellor in the latter's absence, upon a valid waiver and;
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
ARBISO, ARVIE D. 3C4
Thank you Sir, this is the summary of what I've learned on your discussion
The right to be presumed innocent is referred to as the presumption of innocence, it means that a person accused of a crime is deemed innocent until and unless he is proven guilty beyond a reasonable doubt of the crime accusation. Presumption of innocence indicates that a person cannot be punished until due process is followed and a court of law declares the accused guilty. A false allegation is not the same as a conviction; only a court of law has the jurisdiction to convict the accused of the crimes or charges brought against him; neither law enforcement nor prosecutors have the authority to declare that the accused is guilty of a crime. The courts of law have the authority or capacity to convict the accused under the constitution. An accused can only be found guilty in a court of law.
Right to be informed of the nature and cause of the accusation against him means that the accused has the right to know what is being charged against him, as well as the kind and cause of the accusation leveled against him. No one can be detained without first learning what the legal offense is for which he is being arrested.
During the pendency of a criminal case's trial, the accused has the right to be present in person and by counsel. The accused may not be barred from taking part in or watching his case being tried by the court.
The accused will have the opportunity to select an independent and qualified counsel or attorney. You cannot deny an accused the right to speak with or consult with his lawyer during a trial because an accused has the right to counsel, which means the right to be represented by a lawyer. A lawyer can see his client at any time of day or night. A lawyer's right to representation by his counsel cannot be taken away.
Right to testify as a witness in his own behalf- if the accused wishes to clear his name or show his innocence, he has the right to testify alone. You can't stop the accused from testifying in his own defense.
Right against self-incrimination-when you mention self-incrimination, you're referring to the fact that you can't be forced to testify against yourself. You can't make someone admit to the charges leveled against him.
At trial, the accused has the right to confront and cross-examine witnesses against him through counsel.
Right to compulsory process: Because most accused people are deprived of their liberty, they are unable to get evidence for their defense. The defendant can request that the court issue a mandatory process, known as a subpoena duces tecum or subpoena and testificandum.
Mea, Katherine Joy- 3C2
Thank you, Sir. The following is the summary of your discussion. Those rights below shall be discussed and summarized.
RIGHTS OF THE ACCUSED
RULE 115 - RIGHTS OF THE ACCUSED
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond a reasonable doubt, and the burden lies on the prosecution to overcome such presumption by representing the quantum of evidence required, the conviction should be based on the strength of the prosecution and not on the weakness of the defense
Right to be informed of the nature and the cause of the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged.
Right to be present and defend in person and by counsel at every stage of the proceeding
- the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
Right to counsel- a defendant has a right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial.
Right to testify as a witness on his own behalf- If the accused would like to clear his name, he wants to prove his innocence then he can testify by on his own witness. You cannot prevent the accused from testifying for him.
Right against self-incrimination- it means not compelled to testify against himself, it has a right covers only testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused and also it extracted from the suspect testimony that may convict him and to avoid a person subject to such compulsion to perjure himself for his own protection.
Right to confront and cross-examine witnesses against him at trial- it explains that the accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence on his behalf
Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf in order to compel the attendance of a witness and the production of other evidence.
Right to a speedy, impartial, and public trial - it is when deals with disposal of cases as soon as possible so as to make the Judiciary more efficient and trustworthy. The main aim of the Right to Speedy trial is to inculcate Justice in society. It is human life that necessitates human rights.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Reasonable doubt is the doubt engendered by an investigation of the whole proof and an inability after such investigation to let the mind rest easy upon the certainty of guilt, absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense
Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfil
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.
Right of a person under custodial investigation
1. The person arrested, detained, invented, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest, and then he must be shown the warrant of arrest, if any, every other warning information or communication must be in a language known to and understood by said person.
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him.
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the service of a lawyer one will be provided for him and that a lawyer may also be engaged by any person in his behalf or may be appointed by the court upon petition of the person arrested or one acting in his behalf.
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6. The person arrested must be informed that at any time he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger, - with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to ensure that this is accomplished
7. He must be informed that he has the right to waive any of said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same.
8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel, otherwise, he must be warned that the waiver is void even if he insists on his waiver and chooses to speak.
9. That the person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with a warning that once he makes such indication the police may not interrogate him if the same had not yet commenced or the interrogation must case if it has already begun.
10. The person must be informed that the waiver of his right to remain silent, the right to counsel, or any of his rights does not bar him from invoking it at any time during the process, regardless of whether he may have answered some questions or volunteered some statements.
11. He must also be informed that any statement or evidence as the case may be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or in part shall be inadmissible in evidence.
12 hour- Light penalties
18 hour-correctional penalties
36 hour- Afflictive penalties or capital penalties.
Requisite for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation.
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation.
2. It must be signed in the presence of his counselor in the latter’s absence upon a valid waiver and
3. In the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him
RAMOS DANIEL R.
3C4
Good Day!!! Sir Thank you for the Video Recorded lecture you’ve uploaded, this are the summary of what I’ve learned from the VRL.
Rights of the Accused
Rule 115 Right of the Accused
Provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the accused at the Trial
The accused has the Rights to be presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Furthermore the constitutions vest the authority or the power to be convict the accused to the courts of law. Thus only the courts of law can convict an accused.
RIGHT TO INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION AGAINST HIM.
Simply means whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS
Means during the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL
that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
RIGHT AGAINST SELF-INCRIMINATION
Simply means self-incrimination it pertains that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL
It means the accused can cross examine the witnesses against him through a counsel.
RIGHT TO COMPULSORY PROCESS
Means most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. - subpoena duces tecum - order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense.
RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL
- Means the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public.
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW RIGHT TO PRESUMED INNOCENT
The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In addition, in cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution..
REVERSE TRIAL
- the first one who will present evidence is the accused instead of the prosecution. Reasonable doubt - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute be offense.
EQUIPOISE RULE
- the evidence of the prosecution is evenly balance with the evidence of the accused. Reverse
TRIAL - a reverse trial happens if the accused admits the killing but claims self-defense.
Accused's right to be informed - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with. Waiver of right to be informed - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings • during arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty. • promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative • when the order by the court for purposes of identification
IDENTIFICATION - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
EFFECTS OF THE WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSE
When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. - the court can decide even without the accused's evidence
ACCUSED'S REFUSAL TO TESTIFY - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION - self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION - the State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived.
CONFRONTATION
- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
RIGHT TO COMPULSARY PROCESS - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY
- the right of the accused to a fair trial is not incompatible with free press.
RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION - It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
With regards on the Rights of the persons under custodial investigation
1. Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
The following Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
BALATASO, MIKAELLA - 3C2 Bs criminology
Thank you po atty. Reyes for this lesson and here are the summary of what I've learned on this diacussion.
*Rights of the Accused, Rule 115 that is provide for the enumeration of the different constitutional and statutory rights of the accused.
*Rights of the accused at the Trial
Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty.
*Right to be informed of the nature and the cause of accusation against him- whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
*Right to present and defend in person and by counsel at every stage of the proceedings
- during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
*Right to counsel- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
*Right to testify as a witness in his own behalf- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
*Right against self-incrimination- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
*Right to confront and cross examine witnesses against him at trial- the accused can cross examine the witnesses against him through a counsel.
*Right to compulsory process- most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum.
*Subpoena duces tecum - order of the court requiring a person to produce documents.
*The accused can ask the court to issue orders for the production of documents or persons for his defense.
Right to a speedy, impartial and public trial
- the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge.
*Right to appeal on all cases allowed by law and in the manner prescribed by law
*Right to presumed innocent- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
*In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
*Reverse trial - the first one who will present evidence is the accused instead of the prosecution.
*Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense.
*Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused.
*Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense.
*Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
*Waiver of right to be informed- the right to be informed may not be waived.
Additionally the instances when the presence of the accused is mandatory in criminal proceedings are the following:
*During arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty;
*Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative;
When the order by the court for purposes of identification;
*Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
Effects of the waiver of the right to appear by the accuse:
*When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.
*The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia.
*The court can decide even without the accused's evidence
*Accused's refusal to testify- as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
*self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
*Purpose of the right against self-incrimination- the State will not use its corcive powers from extracting from the suspect testimony that may convict him.
*Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
*Confrontation- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf.
*Right to compulsary process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
*Trial by publicity- the right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation:
*Custodial investigation- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Rights of the persons under custodial investigation:
1. Reason for the arrest and he nust be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned.
And for the last discuss about the 3 requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation.
Bautista, John Erico A.
3C4
Thankyou sir for the other lesson! This is the summary of what I learn
RIGHTS OF THE ACCUSED
RULE 115 - RIGHTS OF THE ACCUSED
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT- it must be overcome by evidence of guilt beyond an inexpensive doubt, and also the burden lies on the prosecution to beat such presumption by representing the quantum of evidence required, the conviction should be supported the strength of the prosecution and not on the weakness of the defense
Right to learn of the character and also the explanation for the accusation against him- it should state the facts and circumstances constituting the crime charged in terms sufficient to enable someone of common understanding to understand what offense is being charged.
Right to be present and defend face to face and by counsel at every stage of the proceeding, the accused has the proper to be present or the court might not exclude the accused from participating or observing the trial of his case.
Right to counsel- a defendant features a right to possess the help of counsel and, if the defendant cannot afford a lawyer, requires that the govt. appoint one or pay the defendant's legal expenses. the correct to counsel is usually thought to be a constituent of the proper to a good trial.
Right against self-incrimination- it means not compelled to testify against himself, it's a right covers only testimonial compulsion and not the compulsion to supply real and physical evidence using the body of the accused and also it extracted from the suspect testimony that will convict him and to avoid an individual subject to such compulsion to perjure himself for his own protection.
Right to compulsory process- when the accused may move for the issuance of subpoena and tescificandum or subpoena duces tecum in his behalf so as to compel the attendance of a witness and therefore the production of other evidence.
Right to appeal on all cases allowed by law and within the manner prescribed by law
Reasonable doubt is that the doubt engendered by an investigation of the full proof and an inability after such investigation to let the mind rest easy upon the knowledge of guilt, absolute certainty isn't demanded by law to convict of any criminal charge but moral certainty is required on every proposition of proof requisite to constitute the offense
Equipoise Rule - where the inculpatory facts and circumstances are capable of two or more explanations, one in every of which is in keeping with the innocence of the accused and therefore the other in step with his guilt, then the evidence doesn't fulfil
Reverse trial - Usually in most cases, the prosecution first presents its evidence to determine the guilt of the accused, and also the defense follows thereafter. But this can be reversed when the accused admits the killing but claims self-defense.
Right of an individual under custodial investigation
1. The person arrested, detained, invented, or under custodial investigation must be told in a very language known to and understood by him of the rationale for the arrest, and so he must be shown the warrant of arrest, if any, every other warning information or communication must be during a language known to and understood by said person.
2. He must be warned that he contains a right to stay silent which any statement he makes could also be used as evidence against him.
3. He must learn that he has the proper to be assisted in the least times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must learn that if he has no lawyer or cannot afford the service of a lawyer one are provided for him which a lawyer may be engaged by a person in his behalf or is also appointed by the court upon petition of the person arrested or one acting in his behalf.
5. That whether or not the person arrested includes a lawyer, he must be told that no custodial investigation in any form shall be conducted except within the presence of his counsel or after a sound waiver has been made.
6. The person arrested must be told that at any time he has the proper to speak or confer by the foremost expedient means - telephone, radio, letter or messenger, - together with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister is chosen by him or by anyone from his immediate family or his counsel or be visited by conferring with the duly accredited national or international no-government organization. It shall be the responsibility of the offer to make sure that this is often accomplished
7. He must be told that he has the correct to waive any of said rights provided it's made voluntarily, knowingly, and intelligently and make sure that he understood the identical.
8. If the person arrested waives his right to a lawyer, he must be told that it must be worn out writing and within the presence of counsel, otherwise, he must be warned that the waiver is void whether or not he insists on his waiver and chooses to talk.
9. That the person arrested must be told that he may indicate in any manner at any time or stage of the method that he doesn't wish to be questioned with a warning that when he makes such indication the police might not interrogate him if the identical had not yet commenced or the interrogation must case if it's already begun.
10. The person must learn that the waiver of his right to stay silent, the correct to counsel, or any of his rights doesn't bar him from invoking it at any time during the method, no matter whether he may have answered some questions or volunteered some statements.
11. He must even be informed that any statement or evidence because the case could also be obtained in violation of any of the foregoing, whether inculpatory or exculpatory in whole or partly shall be inadmissible conspicuous .
12 hour- Light penalties
18 hour-correctional penalties
36 hour- Afflictive penalties or capital penalties.
DELANTAR,KYLA MAE M.
GOOD DAY SIR! HERE'S THE SUMMARY OF WHAT I'VE LEARNED
Rights of accused at trial. - In all criminal prosecutions, the accused shall be entitled to thefollowing rights:(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.(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, fromarraignment to promulgation of the judgment. The accused may, however, waive his presence at thetrial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by thecourt for purposes of identification. The absence of the accused without justifiable cause at the trialof which he had notice shall be considered a waiver of his right to be present thereat. When anaccused under custody escapes, he shall be deemed to have waived his right to be present on allsubsequent trial dates until custody over him is regained. Upon motion, the accused may be allowedto defend himself in person when it sufficiently appears to the court that he can properly protect hisrights without the assistance of counsel.(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered bydirect 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 aspart of its evidence the testimony of a witness who is deceased, out of or can not with due diligencebe found in the Philippines, unavailable, or otherwise unable to testify, given in another case orproceeding, judicial or administrative, involving the same parties and subject matter, the adverseparty having the opportunity to cross-examine him.(g) To have compulsory process issued to secure the attendance of witnesses and production ofother 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
BOOL, HAZEL D.
3C2
Thank you, Sir, for the video recorded lecture; here is a summary of what I learnt in Part 8: Rights of the Accused:
Rights of the Accused, Rule 115
Provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights to presumed innocent
- call as the presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the criminal charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to convict the accused to the courts of law. Only the courts of law can convict an accused.
Right to be informed of the nature and the cause of the accusation against him.
- whatever is being charged with the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
Right to present and defend in person and by counsel at every stage of the proceedings
- during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
Right to counsel
- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
Right to testify as a witness in his own behalf
- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
Right to testify as a witness in his own behalf
- a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
Right against self-incrimination
- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
Right to confront and cross examine witnesses against him at trial
- the accused can cross examine the witnesses against him through a counsel.
Right to a speedy, impartial and public trial
- the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to presumed innocent
- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
- In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
- Reverse trial - the first one who will present evidence is the accused instead of the prosecution.
Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused.
Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense.
Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
Instances when the presence of the accused is mandatory in criminal proceedings
• during arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty.
• promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
• when the order by the court for purposes of identification
Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
Done watching sir! AVERION, DIANNE D. 3C4
In this video recorded lecture, I've understand the Rights of the accused (Rule 115)
•right to be presumed innocent
•right to be present and defend in person
•right to counsel
•right to testify as a witness
-only the courts of law can convict a accused without conviction of the law the accused presumed innocent.
RIGHT AGAINST SELF INCRIMINATION- a person may not compelled to testify against himself
•right against self- incrimination
•right to confront and cross examine the witness
•right to compulsory process
•right to speedy impartial and trial
•right to appeal on all cases
RIGHT TO PRESUMED INNOCENT
-Conviction should be based on the strength of the prosecution and not on the weakness of the defense
-as long as the evidence is weak it goes to acquital
Exception:
•Self defense- when the accused committed a crime acting with lawful defense
• Certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused
REASONABLE DOUBT- absolute certainty is not demanded by the convict criminal but moral certainty required
EQUIPOISE RULE- evidence of prosecution is equally balance with evidence of the accused
REVERSE TRIAL- if the accused admits the killing but claim self-defense
ACCUSED'S RIGHT TO BE INFORMED- the accused must be informed of what offense that he is being incharged with.
WAIVER OF RIGHT TO BE INFORMED
-the right to be informed
Exception:
•bail
•absense of the accused without justifiable cause
•accused jumps bail
Instances when the presence of the accused is mandatory in criminal proceedings
-during arraingment
-promulgation of judgement
-identification
THANKYOU SIR!
TAÑO, AIRA JOY M. 3C3
GOOD EVENING SIR, THANK YOU PO. THIS IS THE SUMMARY OF WHAT I'VE LEARNED;
Rights of the Accused, Rule 115 Provide for the enumeration of the different constitutional and statutory rights of the accused.
RIGHTS OF THE ACCUSED AT THE TRIAL
Rights to presumed innocent - call as presumption of innocence. Simply means that unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime.
Right to be informed of the nature and the cause of accusation against him. - what ever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
Right to present and defend in person and by counsel at every stage of the proceedings - more on information. During the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case. The accused has the right defend himself.
Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his own choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. As a matter of fact, at any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
Right to testify as a witness in his own behalf - if the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for himself.
Right against self-incrimination - when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
Right to confront and cross examine witnesses against him at trial - the accused can cross examine the witnesses against him through a counsel.
Right to compulsory process - most of the accused are deprived of their liberty and therefore they cannot go out in order to procure evidence for their defense. The accused can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum.
subpoena duces tecum - order of the court requiring a person to produce documents.
Right to a speedy, impartial and public trial - the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. Also has the right to an impartial trial, the impartiality and called neutrality of a judge. The judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called a neutral officer of the court and a public trial meaning the cases will be conducted with the view of the public.
Right to appeal on all cases allowed by law and in the manner prescribed by law Right to presumed innocent - The quantum of evidence or the weight of evidence required in order to convict the accused is guilt beyond reasonable doubt. The conviction should be based on the strength of the prosecution and not on the weakness of the defense.
Exemption: self-defnese is an act upon lawful defense. In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held.
REVERSE TRIAL - the first one who will present evidence is the accused instead of the prosecution.
REASONABLE DOUBT - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
EQUIPOISE RULE- the evidence of the prosecution is evenly balance with the evidence of the accused.
ACCUSED RIGHT TO BE INFORMED - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
WAIVER OF RIGHT TO BE INFORMED - the right to be informed may not be waived. Instances when the presence of the accused is mandatory in criminal proceedings
*During arraignment - the information will be read to the accused and he will be ask whether his pleaded guilty or not guilty.
*Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
* When the order by the court for purposes of identification
Identification - the witness for the prosecution will have to point to the person of the accused. Effects of the waiver of the right to appear by the accused - When the accused waived his right to appear during trial. It is also equivalent to a waver to present evidence.
The prosecution can present evidence despite the absence of the accused as long as there has been arraignment and the case will continue even if the accused is not present or known as trial in absentia.
The court can decide even without the accused's evidence accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence, and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable. Self against incrimination means the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence.
Purpose of the right against self-incrimination the State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Trial by publicity - the right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation:
Custodial investigation- is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Rights of the persons under custodial investigation:
1.Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. 6.
The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned. Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation.
For an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and;
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
BALASBAS JULIUS, L.
3C1
Sir thank you for the lecture, this are the summary of what I’ve learned from part 8:
Rights of the Accused, Rule 115 Right of the Accused provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the accused at the Trial
The accused has the Rights to be presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent.
*Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. Furthermore the constitutions vest the authority or the power to be convict the accused to the courts of law. Thus only the courts of law can convict an accused.
RIGHT TO INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION AGAINST HIM
*Simply means whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
RIGHT TO PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDINGS
*Means during the pendency of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL
*That the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
*If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
RIGHT AGAINST SELF-INCRIMINATION
*Simply means self-incrimination it pertains that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL
*It means the accused can cross examine the witnesses against him through a counsel.
RIGHT TO COMPULSORY PROCESS
*Means most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. - subpoena duces tecum - order of the court requiring a person to produce documents. - the accused can ask the court to issue orders for the production of documents or persons for his defense.
RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL
*Means the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public.
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW RIGHT TO PRESUMED INNOCENT
*The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In addition, in cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
REVERSE TRIAL
*The first one who will present evidence is the accused instead of the prosecution. Reasonable doubt - absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute be offense.
EQUIPOISE RULE
*The evidence of the prosecution is evenly balance with the evidence of the accused. Reverse
TRIAL
*A reverse trial happens if the accused admits the killing but claims self-defense.
Accused's right to be informed - when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
Waiver of right to be informed - the right to be informed may not be waived.
Instances when the presence of the accused is mandatory in criminal proceedings
• during arraignment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty.
• promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
• when the order by the court for purposes of identification
IDENTIFICATION
*The witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
EFFECTS OF THE WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSE
*When the accused waived his right to appear during trial. It is also equivalent to a waiver to present evidence. - The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia. - the court can decide even without the accused's evidence
ACCUSED'S REFUSAL TO TESTIFY
*As a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
*Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
PURPOSE OF THE RIGHT AGAINST SELF-INCRIMINATION
*The State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before his answer then such right can be waived.
CONFRONTATION
*The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
RIGHT TO COMPULSARY PROCESS
*The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
TRIAL BY PUBLICITY
*The right of the accused to a fair trial is not incompatible with free press.
RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION CUSTODIAL INVESTIGATION
* It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
With regards on the Rights of the persons under custodial investigation
1. Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer. 7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
The following Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation For an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
Thank you sir to the other knowledge I've gathered here the following:
Rights if the Accused Rule 115
Right to be presumed innocent
- it can overturn the constitutional presumptions of innocence if evidence of guilt beyond a reasonable doubt. The quantum of evidence required in order to convict the accused if it is guilty or guilty beyond a reasonable doubt. Even if the accused will not present evidence as long as the evidence of guilt is weak then the accused is entitled to adopt an acquittal.
Accused Right to be informed
- if a person is arrested based on an offense that has not been informed of him then you will violate the right of the accused to be informed of nature and circumstances.
Instances when the presence of the accused is mandatory in criminal proceedings.
I - IDENTIFICATION- the witness for the prosecution will have to point to the person of the accused, he needs to identify who is the accused.
P - PROMULGATION OF JUDGEMENT- IT may be pronounced in the presence of the council or a representative.
A - ARRAIGNMENT- the information will be read to the accused and he will be asked whether his plea is guilty or not guilty.
Accused refusal to testify
- the silence of the accused should not be used against him
- if the case established is a prima facie case.
- if the defense of the user is an alibi and he does not testify.
Right against self-incrimination
- it includes only testimonial evidence very unreal and physical evidence in the end.
- extracting from the suspect testimony that may convict him.
Right to Compulsory process
-issuance of a subpoena as rescficandum or subpoena decus tecum
Right to a Speedy, Impartial, and Public Trial
- Length of the delay
- Reason for the delay
- Accused assertion or non-assertion of the right
- Prejudice of the accused resulting from its delay.
MANTO, KYLA M.
3C2
Thank you Sir for the video recorded lecture, this is the summary of what I've learned on part 8 Rights of the Accused:
Rule 115 provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the accused at the Trial
Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to tbe convit the accused to the courts of law. Only the courts of law can convict an accused.
Right to be informed of the nature and the cause of accusation against him- whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
Right to present and defend in person and by counsel at every stage of the proceedings
- during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
Right to counsel- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
Right to testify as a witness in his own behalf- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
Right against self-incrimination- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
Right to confront and cross examine witnesses against him at trial- the accused can cross examine the witnesses against him through a counsel.
Right to compulsory process- most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum.
*Subpoena duces tecum - order of the court requiring a person to produce documents.
*The accused can ask the court to issue orders for the production of documents or persons for his defense.
Right to a speedy, impartial and public trial
- the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to presumed innocent- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
* In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
*Reverse trial - the first one who will present evidence is the accused instead of the prosecution.
Reasonable doubt- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense.
Equipoise Rule- the evidence of the prosecution is evenly balance with the evidence of the accused.
Reverse Trial- a reverse trila happens if the accused admits the killing but claims self-defense.
Accused's right to be informed- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
Waiver of right to be informed- the right to be informed may not be waived.
Instances when the presence of the accused is mandatory in criminal proceedings:
During arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty;
Promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative;
When the order by the court for purposes of identification;
*Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
Effects of the waiver of the right to appear by the accuse:
*When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.
*The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia.
*The court can decide even without the accused's evidence
Accused's refusal to testify- as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
- self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
Purpose of the right against self-incrimination- the State will not use its corcive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
Confrontation- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf.
Right to compulsary process- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Trial by publicity- the right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation:
Custodial investigation- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Rights of the persons under custodial investigation:
1. Reason for the arrest and he nust be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation
For an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priestbor minister of the gospel as chosen by him.
FAJANILAN, KRISTEL ANNE C.
3C1
Thank you Sir, this is the summary of what I've learned:
Rights of the Accused, Rule 115
Provide for the enumeration of the differenr constitutional and statutory rights of the accused.
Rights of the accused at the Trial
• Rights to presumed innocent - call as presumption of innocence. Simply means that unles and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed innocent. Presumption of innocence means that a person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or the crime charge of him not even the law enforcement authority or prosecutors will have the authority to pronounce that the accused is guilty of a crime. The constitution vest the authority or the power to tbe convit the accused to the courts of law. Only the courts of law can convict an accused.
•Right to be informed of the nature and the cause of accusation against him.
- whatever is being charged of the accused must be informed to him and also the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
•Right to present and defend in person and by counsel at every stage of the proceedings
- during the pendecy of the trial of a criminal case the accused has the right to be present. The court may not be exclude the accused from participating or observing the trial of his case.
•Right to counsel
- that the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk or confer his lawyer because an accused during trial has the right to counsel meaning the right to be represent by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
•Right to testify as a witness in his own behalf
- if the accused would like to clear his name , he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
•Right against self-incrimination
- when you say self-incrimination that means that a person may not be compelled to testify against himself. You cannot force a person to admit the charges files against him.
•Right to confront and cross examine witnesses against him at trial
- the accused can cross examine the witnesses against him through a counsel.
•Right to compulsory process
- most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accuse can ask the court to issue its compulsory process, to issue an order which we call as subpoena duces tecum or subpoena ad testificandum.
- subpoena duces tecum - order of the court requiring a person to produce documents.
- the accused can ask the court to issue orders for the production of documents or persons for his defense.
•Right to a speedy, impartial and public trial
- the accused has the right to a speedy trial, it is a trial free from continuance and unnecessary delay. He also has the right to an impartial trial, the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court. A public trial meaning the cases will be conducted with the view of the public.
•Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to presumed innocent
- The quantum of evidence or the weight of evidence required in order to convict the accused is guilty beyond reasonable doubt. Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
- In cases of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held that means the defense will present ahead of the prosecution.
- Reverse trial - the first one who will present evidence is the accused instead of the prosecution.
Reasonable doubt
- absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every propositin of proof requisite to constitute tbe offense.
Equipoise Rule
- the evidence of the prosecution is evenly balance with the evidence of the accused.
Reverse Trial
- a reverse trila happens if the accused admits the killing but claims self-defense.
Accused's right to be informed
- when you say the right of the accused to be informed of the nature and cause of the accusation against him, the accused must be informed of what is the offense that he is being charged with.
Waiver of right to be informed
- the right to be informed may not be waived.
Instances when the presence of the accused is mandatory in criminal proceedings
• during arraigment - the information will be read to to the accused and he will be ask whether his pleaded guilty or not guilty.
• promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative
• when the order by the court for purposes of identification
Identification - the witness for the prosecution will have to point to the person of the accused. He needs to identify who is the accused.
Effects of the waiver of the right to appear by the accuse
- When the accused waived his right to appear during trial. It is also equivalent to a wiaver to present evidence.
- The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia.
- the court can decide even without the accused's evidence
Accused's refusal to testify
- as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination
- self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
Purpose of the right against self-incrimination
- the State will not use its corcive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination
- if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
Confrontation
- The accused has the right to confront witnesses face to face. The accused is entitled to have compulsary process issued to secure the attendance of witness and production of other evidence in his behalf.
Right to compulsary process
- The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Trial by publicity
- the right of the accused to a fair trial is not incompatible with free press.
Rights of the person under custodial investigation
Custodial investigation
- It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
Rights of the persons under custodial investigation
1. Reason for the arrest and he nust be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presenceof an independent and competent lawyer, preferably of his own choise.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6.The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stageof the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained or under custodial investigation
For an extrajudicial confession to be valid the following must concur:
1. It shall he in writing and signed by the person arrested, detained or under custodial investigation.
2. It must be signed in the presence of his counsel or in the latter's absence, upon a valid waiver and
3. In the presence of any the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priestbor minister of the gospel as chosen by him.
ALMARIO,ARMIE ALECZA A. 3C1
THANK YOU SIR :)
Rights of the accused (Rule 115) provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of the accused at the trial
• Right to be presumed innocent- or the presumption of innocence, unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the crime charge then he presumed innocent. A person may not be punished without the observation of due process and without the court of law said preannouncing the accused as guilty. A mere accusation is not equivalent to a conviction. Only the court of law may convict a person charged of a crime, not even the law enforcer and prosecutors cannot convict s an accused. The accused has not the right to prove his innocence but the prosecution has to provide the elements of the crime charged. Accusation is not synonymous with guilt. The presumption of innocence must be overcome by evidence of guilt beyond reasonable doubt. The burden lies on the prosecution to overcome such presumption by presenting the quantum of evidence required. In case of self-defense (act of lawful defense), the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. The legislature may enact that when a certain facts have been proved, they shall be prima facie of evidence of the existence of guilt of the accused and shift the burden of proof.
• Reasonable doubt-the doubt engendered by an investigation of the whole proof and inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty is not demanded by law to convict any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
• Equipoise Rule- Where the evidence of the parties in a criminal ease is evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
• Reverse trial-A reverse trial happens if the accused admits the killing but claims self-defense. HE must first establish the elements of self-defense in order to overturn the presumption the he was guilty of the offense.
• Right to be informed of the nature and the cause of the accusation against him- whatever the charged against the accused, it should be informed to him and also informed to cause of the accusation, what are the exact statement of facts that he allegedly committed. If the accused is not informed, the accused may not diligently defend him. No person can be detained without the information regarding what is the violation of law which he is being detained for.
• Accuse rights to be informed- The right requires that the information should state the facts and circumstances constituting the crime charged in terms sufficient to enable a person of common understanding to know what offense is being charged.
• Waiver of right to be informed- The right to be informed may not be waived. It is a basic constitutional right of the accused to be informed of the nature and cause of accusation against him.
• Instances when the presence of the accused is mandatory in criminal proceedings: during arraignment; promulgation of judgment except when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or representative and when order by the court for purposes of identification.
• Right to be present and defend in person and by counsel at every stage of the proceeding- during the pendency of the trial of the criminal case, the accused has the right to be present or the court may not exclude the accused in participating trial. The accused has also the right defend himself in person and by counsel in every stage of the proceeding.
• Waiver of right to be present during trial- a waiver pursuant to the stipulation set forth in his bail; absence of the accuse without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present t thereat; and if the accuse jumps bail, such shall be an automatic waiver of the right to be present on all subsequent trial dates until custody over him regained.
• Effects of waiver of the right to appear by the accused_ it is also a waiver to present evidence. The prosecution can present evidence despite absence of the accused and the court can decide even without accused’s evidence.
• Right to counsel- the accused has the right to choose an independent and competent counsel or attorney on his choice. The accused has the right not to deprive to talk to his counsel or confer to his lawyer. At any time of the day and night, a lawyer can visit his client; a lawyer may not be deprived of his representation or as a counsel.
• Right to testify as a witness in his own behalf- if the accused want to clear his name and prove his innocence then he can testify on his own and he cannot be prevented in testifying himself.
• Accused’s refusal to testify- the silence of the accused should not be used against him. Except when the prosecution has already established a prima facie case, the accused must present poof to overturn the evidence and If the defense of the accused s alibi and he does not testify, the inference is that the alibi is not believable.
• Right against self-incrimination- a person may not be compelled to testify against himself and cannot force to admit the charges against him.
• Scope of the right against self-incrimination- the right covers only the testimonial compulsion and not the compulsion to produce real and physical evidence using the body of the accused except when immunity statutes such as the forfeiture illegally obtained wealth and bribery and graft cases.
• Purpose of the right against self-incrimination- the privileged is intended to prevent the State, with all its coercive powers, from extracting from the suspect testimony that may convict him and to avoid a person subject to such compulsion to perjure himself for his protection.
• Waver of the right of the accused against self-incrimination- it may be waived by the failure of the accused to invoke the privilege after the incriminating question is askes and before his answer.
• Right to confront and cross examine witness against him at trial- the accused has the right to cross examine and confront the witnesses against him through a counsel during trial. When a lawyer conduct a cross examination that duty of the lawyer is not pursuant as a counsel but pursuant to the right of the accused to cross examine the witnesses against him.
• Confrontation- The act of setting a witness face to face with the accuse so that the latter may make any objection he has to the witness which must take place in the court having jurisdiction to permit the privilege of cross examination. Ina addition, the accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
• Rule regarding the testimony of a witness who dies or becomes unavailable- if the other party had the opportunity to cross-examine the witness before he died or became unavailable, the testimony may be used as evidence. However, if the party did not have the opportunity to cross-examine before the death or unavailability of the witness, the testimony will have no probative value.
• Right to compulsory process- most of the accused during trial can be behind bars of detained. (Persons deprived of liberty) they are not allowed to go out to procure evidence for their defense. The accused may asked the court to issue a compulsory process to issue an order to issue a subpoena, subpoena deuce tecum (requiring a person to produce document), subpoena ad testificandum. The accused may asked the court to issue an order to produce document of witnesses. If a witness refuse to testify when he is requires, the court should order the witness give bail or order his arrest,, if necessary. Failure to obey subpoena amounts to contempt of court.
• Right to a speedy, impartial and public trial- a trial free from continuance and unnecessary delay. The accused also had the right from impartial trial, impartiality and cold neutrality of the judge. The judge must be cold neutral as part of the court.
• Facts to be considered to determine whether the right to speedy trial has been violated: length of the delay; reasons of the delay; the accused assertion or non-assertion of the right and prejudice to the accused resulting from the delay.
• Denial of the speedy trial a ground for dismissal- the case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe time limits.
• Service of subpoena and notices through electronic mail or mobile phones
• Right to appeal on all cases allowed by law and in the manner prescribed by law.
JAVIER, KAYCE R.
3C1
Thank you Sir for the video recorded lecture.
This is a summary of what I’ve learned.
RIGHTS OF THE ACCUSED
RULE 115 RIGHTS OF THE ACCUSED
Provide for the enumeration of the different constitutional rights of the accused at the trial
According to the constitution the rights of the accused must be guaranteed one of them is;
RIGHT TO BE PRESUMED INNOCENT OR PRESUMPTION OF INNOCENT - simply means unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority bot even the prosecutor will have the authority to pronounce the guilt of a person.
RIGHT TO BE INFORMED OF NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him.
RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
RIGHT TO COUNSEL - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer.
RIGHT TO TESTIFY AS A WITNESS IN HIS OWN BEHALF - if the accused would like to clear his name, he wants to prove he's innocent then he can testify by and on his own.
RIGHTS AGAINST SELF-INCRIMINATION - a person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL - the accused can cross-examine the witness against him through counsel.
RIGHT TO COMPULSORY PROCESS - most accused are deprived of their liberty and therefore they cannot go out to procure evidence for their defense, the accused may ask the court to issue its compulsory process which we call a subpoena.
RIGHT TO A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL - the accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. Public trial in which trial will hold in the view of the public
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW
Right to be presumed innocent - Conviction should be based on the strength of the prosecution and not on the weakness of the defense.
In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim.
Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Equipoise Rule - the evidence of the accused is balance.
Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense.
Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with.
Waiver of the right to be informed - The right to be informed may not be waived.
Effects of waiver of the right to appear by the accused
It is also a waiver to present evidence
The prosecution can present evidence despite the absence of the accused - the case will continue even the accused is not present
The court can decide even without accused evidence
Can the accused refuse to testify?
As a general rule the silence of the accused should not be used against him except when the prosecution has already established a prima face case, the accused must present proof to overturn the evidence and if the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
Custodial investigation - it is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1.) The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person;
2.) He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him
3.) He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4.) He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5.) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made
6.) The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer
7.) He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same
8.) If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel
9.) The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation
For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation
2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and;
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
DE GUZMAN, KIMBERLY M. 3C1
Thank you Sir, this is the summary that what I've learned on your discussion:
Rights of the Accused, Rule 115
Provide for the enumeration of the different constitutional and statutory rights of the accused.
Rights of accused at the trial
Right to be presumed innocent or presumption of innocent - is unless and until a person accused of a crime is proven beyond reasonable doubt guilty of the criminal charge then he is to be presumed innocent. Presumption of innocent A person may not be punished without the observation of due process and without the court of law pronouncing the accused as guilty. A mere accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes or crime charged of him not even the law enforcement authority or even the prosecutor will have the authority to pronounce the guilt of a person.
Right to be informed of nature and the cause of the accusation against him - whatever a being charged with the accused must be informed to him and the accused has the right to be informed regarding the cause of the accusation against him. No person can be detained without the information regarding what is violation of law for which he is being detained for.
Right to be present and defend in person and by counsel at every stage of the proceeding - during the trial of the criminal case the accused has the right to be present or the court may not exclude the accused from participating or observing the trial of his case.
Right to counsel - the accused will have the right to choose an independent and competent counsel or attorney of his choice. You cannot deprive the accused if the accused would like to talk to his lawyer because an accused during trial has the right to counsel meaning the right to be represented by a lawyer. At any time of the day and night, a lawyer can visit his client. A lawyer may not be deprived of his representation of his counsel.
Right to testify as a witness in his own behalf - If the accused would like to clear his name, he wants to prove his innocence then he can testify by and on his own. You cannot prevent the accused from testifying for his own.
Rights against self-incrimination - person may not be compelled to testify against himself. You cannot force a person to admit the charges against him.
Right to confront and cross examine witnesses against him - at trial the accused can cross-examine the witness against him through counsel.
Right to compulsory process - Most accused is deprived of their liberty and therefore they cannot go out to procure evidence for their defense. The accused may ask the court to issue its compulsory process to issue an order which we call as subpoena duces tecum or subpoena ad testificandum. (order of the court requiring a person to produce documents)
Right to a speedy, impartial, and public trial - The accused has the right to speedy trial it is a trial free from continual and unnecessary delay. Also right to impartial trial the impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty of the crime charge but the judge must be sitting in his position as called neutral officer of the court.
Right to appeal on all cases allowed by law and in the manner prescribed by law
Right to be presumed innocent - Conviction should be based on the strength of the prosecution and not on the weakness of the defense. In the case of self-defense, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. It is one of the justifying circumstances. When it comes to self-defense it has unlawful aggression on the part of the victim.
Reasonable doubt - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense.
Equipoise Rule - the evidence of the prosecution is evenly balance with the evidence of the accused.
Reverse trial - a reverse trial happens if the accused admits the killing but claims self-defense.
Accused's rights to be informed - the accused must be informed of what is the offense that he is being charged with.
Waiver of the right to be informed - The right to be informed may not be waived.
Effects of the waiver of the right to appear by the accuse
When the accused waived his right to appear during trial, It is also equivalent to a waiver to present evidence. The prosecution can present evidence despite the absence of the accused as long as there has been arraignment. The case will continue even if the accused is not present or known as trial in absentia, the court can decide even without the accused's evidence.
Accused's refusal to testify - as a general rule, the silence of the accused should not be used against him except when the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence and if the defense of the accused is alibi and he does not testify, the interference is that the alibi is not believable.
Scope of the right against self-incrimination - self-incrimination the accused may not be compelled to testify against him. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused. Purpose of the right against self-incrimination - the State will not use its coercive powers from extracting from the suspect testimony that may convict him.
Waiver of right of the accused against self-incrimination - if the accused failed to invoke the privilege of right against self-incrimination after the incriminating question is asked and before hig answer then such right can be waived.
Confrontation - The accused has the right to confront witnesses face to face. The accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf.
Right to compulsory process - The accused may move for the issuance of subpoena ad testificandum or subpoena duces tecum in his behalf in order to compel the attendance of witnesses and the production of other evidence.
Rights of the persons under custodial investigation
1. Reason for the arrest and he must be shown the warrant of arrest.
2. He must be warned that he has a right to remained silent
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice.
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him.
5. He must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.
6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means - telephone, radio, letter or messenger - with his lawyer.
7. He must be informed that he has the right to waive of any said rights
8. If the person arrested waives his right to a layer, he must be informed that it must be done in writing and in the presence of the counsel.
9. He must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned.
Requisites for the validity of an extrajudicial confession made by a person arrested, detained, or under custodial investigation
For an extrajudicial confession to be valid the following requisites must concur:
1. It shall be in writing and signed by the person arrested, detained, or under custodial investigation
2. It must be signed in the presence of his counselor in the latter's absence, upon a valid waiver and;
3. In the presence of any of the parents, elder brothers and sisters, his spouse, his municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3
Good Day! I have learned from this lesson are the following:
RIGHTS OF THE ACCUSED AT THE TRIAL
According to Section 1 of Rule 115 of Rules of Court are the following rights of the accused:
Right to be presumed innocent- Which the accused cannot be punished without the rights of due process and only the court of law can convict the accused.
Right to be informed of the nature and the cause of the accusation against him- Which the accused cannot be detained without the information about the procedure or process of his case and also to defend himself during trial.
Right to be present and defend in person and by counsel at every stage of the proceeding- Which the accused have the right to present himself for defending himself.
Right to counsel- The accused has the right to choose an independent and competent counsel, and the lawyer can visit anytime of day and night by his client for conferring of his case.
Right to testify as a witness in his own behalf- The accused cannot prevent for testifying himself
Right against self-incrimination- The accused may not compelled to testified himself
Right to confront and cross examine witnesses against him at trial- The accused has the right to confront and cross-examine the witness during trial.
Right to compulsory process- The accused may asked for an order to subpeona an document and person for his production of case.
Right to a speedy, impartial and public trial; and- The accused have the right for unnecessary delayed, neutrality of the judge, and view of the public during trial.
Right to appeal on all cases allowed by law and in the manner prescribed by law- The right to appeal his case unless and until proven of his guilt.
EXEMPTION TO THE RIGHTS OF THE ACCUSED
SELF-DEFENSE, the person invoking self-defense is presumed guilty. In this case, a reverse trial will be held. There is a self-defense because of justifying circumstances where there is unlawful aggression to the victim that will prevail an attack to the suspect and it is an unlawful defense by the victim.
REASONABLE DOUBT
The law does not require absolute certainty to convict of any criminal charge, but moral certainty is required for each proposition of proof required to constitute the offense.
EQUIPOISE RULE
The evidence of the prosecution is evenly balance with the evidence of the accused.
REVERSE TRIAL
A reverse trial happens if the accused admits the killing but claims self-defense.
ACCUSED'S RIGHTS TO BE INFORMED
To be made aware of the nature and cause of the accusation leveled against him. The accused must be informed of the nature of the offense for which he is being charged.
IDENTIFICATION
The prosecution witness will be required to point to the accused. He must determine who the accused is.
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED
When the accused waived his right to testify at trial. It is also the same as waiving the right to present evidence.
The prosecution can present evidence even if the accused is not present; the case will proceed even if the accused is not present.
Even in the absence of accused evidence, the court can make a decision.
ACCUSED REFUSE TO TESTIFY
As a general rule, the accused's silence should not be used against him unless the prosecution has already established a prima facie case, in which case the accused must present proof to overturn the evidence, and if the accused's defense is an alibi and he does not testify, the interference is that the alibi is not credible.
SCOPE OF THE RIGHT AGAINST SELF-INCRIMINATION
Self-incrimination the accused may not be compelled to testify against himself. The right against self-incrimination includes only testimonial evidence and not the compulsion to produce real and physical evidence using the body of the accused.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.
1. The person arrested, detained, invited, or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest if any; every other warning, information, or communication must be in a language known to understood by the said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him
3. He must be informed that he has the right to be assisted at all times and the presence of an independent and competent lawyer, preferably of his own choice
4. He must be informed that he has no lawyer or cannot afford the services of a lawyer, one will be provided for him;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made
6. The person arrested has the right to communicate or confer by the most expedient means (telephone, radio, letter, or messenger) with his lawyer
7. He must be informed that he has the right to waive any of the said rights provided it is made voluntarily, knowingly, and intelligently and ensure that he understood the same
8. If the person arrested waives his right to a lawyer, he must be informed that it must be done in writing and in the presence of counsel
9. The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
- THANK YOU PO ATTY.! :)