Rights of the Accused -to make the people in
equal footing with a very powerful state
Stages
-procedural due process Sec 11
-no one can be made to answer for an
act not punished by law
-right to be heard in an impartial court,
or quasi judicial body or administrative
body
1. before the case is filed in court
a. arrest
b. custodial investigation:
-there has to be an arrest where the accused
is deprived of his physical liberty or denied of
any freedom of action in any significant way
-law enforcer must conduct the questioning
(PDEA, police, brgy captain, tanod, NBI)
-made immediately after the arrest
-confession of the officer to the COA auditor is
admissible because the admission was made
not in a custodial investigation (COA auditor is
not a law enforcer and the officer was not
detained)
-accused who confessed to the media or in the
presence of the governor without a legal
counsel is admissible as evidence because the
person who questioned him in not a law
enforcer
-in a case where the police found X holding a
gun and asked him if it is his gun and X
claimed that it is his gun the court ruled that
there is still no custodial investigation because
he was not yet arrested! He answered
spontaneously and voluntarily
-when the husband detained the wife in the
house and started questioning the wife the
court ruled that there was no custodial
investigation because the interrogation was
done not by a law enforcer but by the
husband
-in a police line up and the witness identifies
the suspect: is the testimony of the witness
admissible as evidence when the suspect was
not assisted by a legal counsel and not
informed of their Miranda rights?
SC ruled that police line up generally is
not part of custodial investigation therefore
they need not be assisted by a counsel and
informed of their Miranda rights
-however when there is only one person
in the line up that is already considered as the
start of custodial information because it is
obvious that the person is the subject of such
investigation
-custodial investigation is needed for
entitlement of the following items
i. right to remain silent
-the right not to say anything/answer to
questions that may be used against you or to
implicate you
-is not limited to verbal reply, it includes all
acts communicative in nature that you are
asked to do
-the act must not be mechanical (urinating,
removing clothes, foot/finger print, giving a
sample of pubic hair, asking the suspect to
take a substance to make him puke, weight,
height)
-you must use your intelligence and free will
to be able to invoke the right to remain silent
(re-enacting the crime)
-hand writing
-if you are asked if it is your hand
writing you must immediately invoke your
right to remain silent because if you answer
(yes/no), you already waive such right
- writing something is NOT a
mechanical act (case of the postman caught
stealing foreign letters, the initials were
inadmissible but the letter was admissible)
-right can be waived
Requirements of waiver:
*Reduced into writing
*In the presence of a relative or
principal/supervisor of public school in the
locality or elective official in the locality
*with assistance of a counsel
ii. right to be assisted by an
independent counsel
*must be competent and independent
*must be a lawyer who is vigilant in protecting
the rights of the accused
*independent= no conflict of interest between
lawyer and accused (ex. Mayor lawyer, fiscal
lawyering for the accused, judge)
-in case of an NBI applicant who represented
the accused= not an independent lawyer and
there is a conflict of interest
-the choice to choose does not belong solely
on the accused (as much as possible only/
preferably)
*can be waived but must be in writing and in
the presence of another lawyer/counsel
iii. right to be informed of
those rights
*cannot be waived
*burden of proof is in the police that indeed he
informed the accused of his rights
iv. if detained: right against
solitary confinement, away
from family
v. the use of cruelty or
torture to extract
confession is prohibited
(can be charged admin,
civilly and criminally)
vi. Right to bail
*the only purpose is to guarantee you
appearance in court when required
*for criminal offenses only (n/a to military
courts or deportation cases [admin
proceeding] or when subject of an extradition
proceeding)
-except when there is a strong evidence
that you will not flee during the pendency of
the extradition case
*can be invoked even if there is still no case
filed against you
*2 kinds
Bond
Cash as in cash not a check even
managers check
Property (only lands can be the subject
of property bonds)
-bring the tax declaration or the title and to
annotate in the title that this property
guarantees the bail bond of the accused. The
property can be sold but subject to the
encumbrance annotated in the title.
Surety bond (like insurance)
You pay premium to the surety company and
they will guarantee your appearance in court
in the amount as recommended in your bail
bond
-example bail bond is 40K
Pay in advance 20% of the bail bond= 8K as
the premium to the surety company
If you will jump bail then the surety company
will pay the entire 40K (unless they will be
able to bring the accused to the court)
If the accused will abscond then the bail bond
will be forfeited to the court in favor of the
government.
If he will not then it will be returned to him
after the trial whether acquitted or convicted.
(same in property bond)
Recognizance
You make a promise to the court that
when you are needed to appear on court you
appear in court.
Or the accused is released in
recognizance to a respected person in the
community.
Those convicted and qualified for probation
can be released on recognizance because
they are already convicted there is no danger
when they won’t appear in court because an
arrest warrant can always be issued.
When is bail a demandable as a matter of
rights, discretionary to the court or should be
denied?
a. First level courts
Penalty of 6 yrs below
Before conviction: mater of right
When the accused jumps bail before
conviction: matter of right
(court can only increase the bail to avoid jump
bail)
Convicted and appeals case to RTC: matter of
right
(because the offense CHARGED in not a
capital offense)
b. RTC- 6 yrs and 1 day above
Bail should be denied when the accused is
CHARGED with a capital offense (spl-life
imprisonment, rpc- reclusion perpetua to
death) and the evidence of guilt is strong.
Perpetua- 20 and 1 day above
If Prision mayor to Reclusion temporal before
conviction: a matter of right
If already convicted with Prision mayor to
Reclusion temporal and appealing to the
CA: discretionary to the court to cancel bail
bond or allow him to enjoy his liberty under
the same bail bond (rule 114)
But if he has a record of the ff the bail
bond should be denied:
*recidivist
*habitual delinquent
*evaded sentence before
*has a record of jumping bail
*has a record of violating conditions of parole
or probation
Charged with capital punishment before
conviction: judge will recommend no bail but
can still apply for bail
-the court must hear the application for
bail to determine whether the evidence of
guilt is strong
-if not strong then it is still a matter of
right
But if CHARGED with Reclusion Perpetua but
convicted with Reclusion Temporal or lower: it
should be denied because it should be based
on the charge and not the conviction
A minor charged with capital offense the bail
is a matter of right because being a minor is
privilege mitigating circumstance which could
lower the charge to 2 degrees
Amount of bail:
Determined by the court and the only limit is
that it must not be excessive
Consider the:
Nature of the charge, financial capacity of the
accused, age of the accused, being a woman,
health condition, risk of flight, evaded
sentence before, etc
*not suspended when martial law or declared
or when writ of habeas corpus is suspended
*if he avails of the bail he can still question
the validity of his arrest and detention
From police:
-if no prosecutor: bring to the court to file a
complaint
-if there is: bring to prosecutor for the
prosecutor to file an information and file it in
court
-the fiscal will before the expiration of the
time period before the case is filed in court,
conduct an inquest (based only on the
complaint of the police or complainant unless
the accused waives the right against
illegal detention and would demand for
PI, then in that case the fiscal will then give
the accused 7 to 10 days to file his counter
affidavit)
-once the case is filed in court he has 10 days
from filing of case in court to demand his right
to PI (if accused of a crime punishable of
more than 6 yrs) and if granted by the court
the case is remanded to the fiscal to conduct
a PI
c. preliminary investigation
-during the PI he is entitled to due process of
law and must be given the right to answer the
charges against him but there is no face to
face confrontation/examination with the
witness because that in not available in PI
-he is also granted the right to speedy
disposition of his case- delay in the conduct
of PI (3 yrs or more) is tantamount to
denial of due process of law and can be
the reason for dismissal of the case
-available also in admin and quasi judicial
bodies
-speedy trial: hearing of merits (after last
pleading is filed there is already the right to
speedy disposition)= can lead to acquittal
-speedy disposition: moment it is submitted
for decision it has to be resolved
immediately= if committed by fiscal it can
result to dismissal, if committed by the
judge then still valid but judge can be
subject to admin liability
2. during the pendency of the case
Art 3 Sec 14 of the
Constitution
3. after the case is terminated
a. double jeopardy
b. cruel and excessive penalties
c. right against ex post facto law
d. bill of attainder
Habeas corpus:
Available when:
-you must be deprived of your freedom
to action
-where a person is subjected to physical
or moral restraint
-available also in unlawful denial of
bail
-jurisdiction of court
Hospital:
Wife asking for habeas corpus for their child to
produce the body of his wife:
cannot be granted because husband
was allowed to go anywhere ergo there is no
deprivation of the freedom to action
Parents asking for habeas corpus for the
pageant judge to release or produce the body
of their minor daughter:
court granted the habeas corpus
because while there is no deprivation of
physical liberty it cannot be limited to force
but also applies to moral ascendancy or
seduction
Habeas corpus vs writ of amparo
HC: the subject of the petition is more on the
question of the legality of the deprivation of
physical liberty (detention)
-the moment charges are filed in court
the application of HC becomes moot and
academic
WA: life, liberty, security- threatened to be
killed WA is applicable
-can also be applied to private
individual or group
-WA against a gang or drug syndicate
who is after you
-writ of amparo is consolidated in the
criminal case if a case is already filed
What will happen if Writ of HC is
suspended?
-only the privilege is suspended (privilege of
the court to inquire into the legality of
detention)
Suspension of writ is limited to 60 days but
you cannot be detained w/out judicial charges
for more than 72 hrs (3 days).
This applies to persons who are charged for
offense related to rebellion, subversion,
and invasion or when public safety
requires it. Court cannot inquire into the
legality of this w/in 72 hrs.
Limitations of the power of the pres to
suspend the writ:
1. The moment the writ is suspended he
must report to congress w/in 48 hrs
and congress will and decide whether
to revoke the suspension or not.
2. Majority votes is needed voting
jointly.
3. Such suspension is subject to judicial
review which can be raised by any
person. (SC has 30 days to decide)
How is it lifted:
1. lifted by pres
2. lifted by congress
3. declared invalid by SC
4. 60 days expires
Rights of the accused during criminal
prosecution:
(Arraignment until the promulgation
judgment)
Arraignment: the 1st time an accused is
formally informed of the charges against him
Promulgation: the judgment is read
1. Presumption of innocence
2. Right to be informed of the nature and
cause of the against you
3. Right to be heard by himself and
counsel
4. Right to face to face confrontation of
the witnesses of prosecution
5. Right to speedy trial, impartial judge
6. Right against self incrimination
7. Right against double jeopardy
8. Right against bill of attainder and ex
post facto law
9. Right against excessive fine
10.Cruel and excessive fine
punishment
Presumption of innocence
-the burden of proof lies with the prosecutor
-in case of doubt resolve to presumption of
innocence
-the conviction will not depend on the strength
of his defense but of the strength of the
evidence of prosecution
-if evidence of both sides is even: resolve in
favor of acquittal (rule of equipoise)
-when the facts can be interpreted in favor or
against the accused: construe it as favorable
to the accused
Presumptions of law:
-does not violate the presumption of
innocence because there is a natural
connection between the presumed act and
the thing that is to be proved
-presumption of fact and not of guilt
-the burden of proof is now on the accused
of
1. presumption that the possessor of a stolen
item it the one who stole it
2. presumption that a person used for
personal use the funds entrusted to him when
he fails to produce such funds
Right to be informed of the nature and
cause of the charge against him
-read it in a manner that the accused will
understand it
-so that he can prepare his defenses
No trial if there is no arraignment!
Presence of the accused is indispensible-
physically! The reading can be dispensed
with but not his physical presence.
The title of the information will not govern
rather it is the body of the facts in the
information!
Any fact not contained in the information
cannot be raised during the trial. Allowing
such is a violation of this right.
and
Example: even if treachery is proved in the
trial it still has no effect if it is not charged in
the information.
The moment arraignment is made, no
changes/amendment can no longer be
allowed.
-if it is not an element of the crime
(wrong date in rape may be changed because)
Right to be heard by himself and a
counsel
-right to be present in every case of the trial
and to be assisted with a counsel
-during arraignment the physical presence of
accused and counsel are indispensible
(warrant of arrest can be issued to compel the
accused during arraignment)
-if the accused is not available on the date of
hearing then the hearing can be postponed
-the assistance of counsel during trial can be
waived
Case of laranaga:
-the counsels walked out. The judge gave
them a PAO lawyer as counsel but the
accused did not accept it. There is no
deprivation of the right of a counsel here
because they were given but they refused.
-during promulgation of judgment:
The presence of the accused can be
waived, as long as the accused was notified.
But better if he is there especially if the
decision is convicting the accused. If acquittal
there is no need because no accused in his
right mind will appeal a case where he is
acquitted.
-15 days to appeal starts from
promulgation
-no trial during appeal, only summary of
arguments and assistance of counsel is still a
right of the accused
-trial in absentia
If the absence is unjustified the hearing
may continue but accused has to be
arraigned already and informed of the
time, date and place of the trial
-when accused is needed for identification
purposes the accused may still be compelled
to appear in court despite the waiver of the
accused
-but if accused will admit that indeed he
is the accused then his presence may
be waived
Right to speedy trial
-only to court proceedings
-RTC: 3 months
-CA: 12 months
-SC: 24 months
Directory only and not mandatory
-refers to the hearing of the case of the actual
trial
-no fast rule as to what is speedy
-there maybe postponements as long as these
are justified
-if there is delay in the trial there can be a
dismissal of the case due to failure to
prosecute and is tantamount to acquittal
and double jeopardy sets in
2 ways where the accused may initiate the
dismissal of the case and still invoke double
jeopardy
1. Demurrer to evidence is filed
2. Speedy trial
Right to a Public trial
-anyone may go in and hear the hearing of a
case
-in order for the accused to be assured that
the public is watching the court
-trial publicity however is not allowed
-this maybe waived by the accused especially
when the issue is sensitive: only the accused
can invoke this
Right to face to face confrontation (cross
examine)
-if this is not done the testimony of the
witness is inadmissible
-this is for the accused to test the credibility
the testimony if the witness
-and for the court to be able to check the
behavior of the witness
-an affidavit is inadmissible if the accused
never had the chance to cross examine the
affiant (doctor, nurse, specialist, etc)
-government hospital: there is a presumption
of regularity of in the performance of his duty
-can an accused be convicted using this
presumption of regularity only?
-no because there is still a presumption
of evidence, the report still needs to be
substantiated.
-if accused asks for postponement and the
witness can no longer be found the testimony
is admissible because the accused is deemed
to have waived his right
Hearsay rule: when you testify it must be from
your own personal knowledge
Exception:
1. In a dying declaration (when the
witness dies, the person who was able
to hear the testimony of the witness
who died)
2. Minor child as a witness (through
video only)
3. An affidavit was prepared by some one
who later on has become insane or
could no longer be found
Right to compulsory process (can both be
availed at the same time)
Subpoena ad testificandum
“fail not under penalty of court”
-compel the person to appear in court and
give testimony (except if you live 50km or
more from the court)
Subpoena duces tecum
-compel the person to bring the evidence to
court
-what if he will be implicated by the testimony
he will give?
-he can still be compelled to go to
witness stand and invoke the right against self
incrimination when such questions are already
asked
-if he will be implicated if he testifies:
he can apply for immunity
1. Transactional immunity
-the compelled testimony cannot be
used against him neither can he be
prosecuted in relation to his testimony
(usually granted to state witness)
2. use and fruit immunity
-the compelled testimony or evidence
cannot be used against him but he can be
prosecuted using other evidence/testimony
Right against self incrimination (refuse
at the outset)
Criminal prosecution: you cannot be
compelled to testify against yourself
(testimonial compulsion)
If an accused is compelled to testify for the
prosecution, right there and then he should
refuse to take the witness stand
This right is also available in legislative
inquiry.
In admin proceedings: it is also applicable
because you may be deprived of your
profession/livelihood.
Ex: hayden could not be compelled to
take the witness stand of the complainant.
But one maybe compelled to under go DNA
testing and etc coz they are not testimonial.
But ordinary witnesses can only use this right
when incrimination questions are asked. They
cannot refuse at the outset.
Civil cases: (adverse witness= defendant)
It depends on the court, if the court
allows he cannot refuse to take the witness
stand but he can refuse to answer
incriminating questions.
Criminal cases:
Voluntary admission is valid. What is
prohibited is testimonial COMPULSION.
If there are 2 or more accused:
-there is conspiracy so the act of one is the act
of all
-testimony of one against others would also
incriminate his self
-he needs to be discharged as a state witness,
he is no longer an accused so his testimony
will no longer implicate him
-discharge as state witness
tantamount to acquittal
If there are 2 or more accused and not all are
caught:
-the case will proceed with respect to the
accused caught
What if the accused caught was convicted and
the other accused is caught after? May the
fiscal use the testimony of the convicted
accused against the newly caught accused?
Yes, because he would no longer be
implicated. This is true even if the accused
caught first is acquitted.
Right against cruel, degrading and
inhuman punishment
-those which will aggravate the penalty
-makes the suffering linger
-death penalty is not cruel nor inhumane (case
of echegaray)
Right against excessive fine
-consider these:
Equivalent to the amount of the check that
was issued: case of BP 22
Right against ex post facto law/ bill of
attainder
Ex post facto law
-punishes an act or omission which
when committed was not yet a
crime/punished
-or a law which aggravates the
offense charged to an act committed by a
person in the past (change the nature)
-or when the penalty is increased
-or change the quantum of evidence
needed
-or remove a privilege which protects
the accused (presumption of guilt)
-applied retroactively to the
disadvantage of the accused
-violates due process
is Case of Nunez:
-accused complained that it is prejudicial to
him because the place is far and the number
of times he may be able to appeal is lessened
-this is not an ex post facto law because
this has nothing to do with the
charge/offense against him or the
penalty. It was simply procedural so it can be
applied retroactively.
-only applies to penal laws!
Case of changing political party:
-law was applied retroactively
disqualifying him from running in the elections
-this is not an ex post facto law because
election laws are POLITICAL in nature and NOT
PENAL
Case of tax applied retroactively to a contract:
-this is not ex post facto law because
this is TAX law and NOT PENAL
Case of extradition treaties:
-this is NOT a LAW so it is not ex post
facto law
Case of transfer of prisoner from city jail to
muntinlupa:
-
Double jeopardy
-filing in court not in the fiscal
-no person shall be put twice in jeopardy of
punishment of the same act
2 types:
1. Punished by law and ordinance
2. Cannot be prosecuted for same
act/offense
Requisites for DJ:
1. 1st jeopardy attaches
2. 1st jeopardy is terminated
3. 2nd jeopardy
Requisites for 1st jeopardy:
1. Valid complaint or information
-an information filed by the prosecutor
for concubinage is null and void and
can be dismissed (if the offender party
will file the information after, there is no
double jeopardy)
-if the accused filed for the dismissal of
the case due to defective information a
new information for the same act can
be filed without going against double
jeopardy (accused gave consent to the
dismissal of the case= estoppels)
2. Filed before a competent court
1st court- no jurisdiction
2nd court with- jurisdiction
-there is no double jeopardy here because the
1st court was not competent
-but when the court dismisses it for lack of
jurisdiction when it actually has the dismissal
will entitle the accused to the right against
double jeopardy
3. To which the defendant has pleaded
and ARRAIGNED
-must plead during the arraignment
-plea bargaining must be approved by victim
and the fiscal
-but in the case the victim is absent
(unexcused) the fiscal may enter consent for
the victim
-if the plea is not valid it may be appealed and
double jeopardy will not set it
-if the plea is valid then the fiscal may not
appeal the case unless the accused himself
appeals the case first
-when the accused who pleads guilty presents
justifying/complete self defense evidence
during the trial he is deemed to have vacated
his plea of guilt (therefore he cannot avail of
double jeopardy if another case from same act
is filed against him)
The case can be appealed by the
fiscal/prosecutor
4. Of which he had been previously
acquitted, convicted, dismissed or
terminated without his express consent
–if a state witness is discharged as a state
witness she is deemed acquitted so he
cannot be charged for the same offense
due to DJ
If dismissal was with consent of the
accused:
-No double jeopardy coz it is deemed that
he has waived this right
-the consent must be express and does not
include mere silence or failure to object the
dismissal
-except in speedy trial and insufficiency
of evidence (demurrer)
-provisionary dismissal: 6 yrs and
above- 2 yrs to reinstated, below 6 yrs-
1 yr to reinstate
2nd jeopardy
-when it is identical to the 1st jeopardy
(same evidence presented)
-appeal of prosecution?
-if the four requirements are present the
accused can no longer be prosecuted for:
1. the original offense charged
2. attempt stage
3. frustrated stage
4. any offense which necessarily includes
the offense charged in the original
complaint/information

Example:

If you are acquitted of murder you can no

longer be prosecuted for:

1. Same murder

2. Homicide (as this is embraced in the 1st

offense)

If you were acquitted of homicide you can

no longer be prosecuted for same homicide
or murder.

Or from slight physical injuries to less

serious physical injuries

Doctrine of supervening event (after

termination of the 1st jeopardy)

-the accused maybe prosecuted for

another offense if a subsequent
development changes the character of the
1st indictment under which he may have
already been charged or convicted

Example:

An accused was 1st prosecuted for slight PI

but was later on changed to serious PI
when the wounds resulted to permanent
scars on the face of the victim.

-if during: the information should be

amended and accused must enter a new
plea

Inseparable offenses

-a person indicted for smoking opium

should not be charged with a separate
crime of possessing opium

-a person who stole several things from

the same person on the same occasion can
only be charged with only one crime of
theft

Act violating law and ordinance

-if an act is punished by law and an

ordinance, conviction or acquittal under
either shall constitute a bar to another
prosecution for the same act