One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.

1. RIGHT OF THE
ACCUSED

2. RIGHTS OF THE ACCUSED AT THE TRIAL
The accused shall be entitled to the following rights:
1. To be PRESUMED INNOCENT until the contrary is proved beyond reasonable
doubt (equipoise rule—rule in favor of the accused);
2. To be INFORMED of the nature and cause of the accusation against him;
3. To be PRESENT and DEFEND in person by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment.
 WAIVE of his presence at the trial pursuant to the stipulation set forth in his
bail UNLESS his presence is specially ordered by the court for purposes of
identification.

3. RIGHTS OF THE ACCUSED AT THE TRIAL
3. To be PRESENT and DEFEND in person by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment.
 WAIVE of his presence at the trial pursuant to the
stipulation set forth in his bail UNLESS his presence is
specially ordered by the court for purposes of
identification.

4. RIGHTS OF THE ACCUSED AT THE TRIAL
4. To TESTIFY as a witness in his own behalf but subject to
cross examination on matters covered by direct
examination;
5. To be EXEMPT from being compelled to be a witness
against him at the trial (right against self-incrimination);
6. To CONFRONT and CROSS-EXAMINE the witnesses against
him at the trial (right to confrontation);

5. RIGHTS OF THE ACCUSED AT THE TRIAL
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;

6. CONSTITUTIONAL RIGHTS OF THE
ACCUSED
SEC. 14, of the Article reads:
1. “No person shall be held to answer for a criminal offense
without DUE PROCESS of law.”

7. CONSTITUTIONAL RIGHTS OF THE
ACCUSED
2. IN ALL CRIMINAL PROSECUTIONS:
a. the accused shall be presumed innocent until
contrary is proved,
b. shall have the right to be heard by himself and
counsel,
c. to be informed of the nature and cause of the
accusation against him,

8. CONSTITUTIONAL RIGHTS OF THE
ACCUSED
e. to have speedy, impartial, and public trial,
f. to meet the witnesses face to face,
g. to have compulsory process to secure the
attendance of the witnesses
h. the production of evidence in his behalf.

9. CONSTITUTIONAL RIGHTS OF THE
ACCUSED
However, AFTER arraignment, trial may
proceed not withstanding the absence of the
accused provided that he has been DULY
NOTIFIED and his failure to appear is
unjustified.
DUE PROCESS embraces both procedural and
substantive.

10. PROCEDURAL DUE PROCESS
Means the law hears before it condemns
Proceeds upon inquiry
Render judgment ONLY after trial.
Due process contemplates NOTICE and OPPORTUNITY to be heard
before judgment is rendered, affecting one’s person or property.
It is designed to secure justice as living reality not to sacrifice it by
paying undue homage to formality.

11. PROCEDURAL DUE PROCESS
Due process is satisfied in the following:
1. There must be a court or tribunal clothed with judicial power to
hear and determine the matter before it;
2. Jurisdiction must be lawfully acquired by it over the person of the
defendant and over the defendant which is subject to the
proceeding;
3. The defendant must be given an opportunity to be heard;
4. Judgment must be rendered upon lawful hearing.

12. SUBSTANTIVE DUE PROCESS
Is responsiveness to the supremacy of reason, obedience to the
dictates of justice.
It has been identified as freedom from arbitrariness (official must
not outrun the bounds of reason and result to sheer oppression).
It is the embodiment of the sporting idea of fair play.
The requirements of due process CANNOT be satisfied in the
absence of that degree of objectivity on the part of a judge sufficient
to reassure litigants of his being fair and just.

13. RIGHT TO BE PRESUMED INNOCENT
GENERAL RULE: the accused is presumed to be innocent until
contrary is proved beyond reasonable doubt.
STATE therefore, must prove the guilt of the accused beyond
reasonable doubt and this presumption prevails unless
overturned by competent and credible proof.
IN THE ABSENCE OF SUCH DEGREE OF PROOF: the defendant’s
guilt, he is entitled to an acquittal regardless his moral character
is good or bad.

14. PRESUMPTION OF GUILT ARISING FROM
ESTABLISHED FACT
The constitutional presumption of innocence is not violated by the
presumption of guilt established law arising from certain fact proved
and by shifting to the accused the burden of proof to show his
innocence.
EXAMPLE:
In absence of satisfactory explanation, one who is found in
possession of a forged document and who used or uttered it
presumed to be the forger.

15. EQUIPOISE RULE
INCULPATORY FACTS AND CIRCUMSTANCES are capable of two or
more explanations, one which is consistent with the innocence of
the accused and the other is consistent with his guilt, then the
evidence does nor fulfil the test of moral certainty and is not
sufficient to support a conviction of the accused.
MEANING: “where the evidence of the parties in a criminal case
are evenly balanced, the constitutional presumption of innocence
should tilt the scales in favour of the accused and must be
acquitted.”

16. RIGHT TO BE INFORMED
The accused is entitled to be informed of the nature
and cause of the accusation against him.
It requires that the complaint or information be so
written as to allege the facts constituting the offense
charged and all its elements.

17. OBJECT OF WRITTEN ACCUSATION
1. Furnished the accused with such a description of the charge against
him as well as to enable him to make his defense;
2. To avail himself of his conviction or acquittal for the protection against
a further prosecution for the same cause; (double jeopardy)
3. To inform the court of the facts allege, so that it may decide whether
they are sufficient in law to support a conviction, if none should be had.
Complainant must contain a specific allegation of every fact and
circumstances necessary to constitute the crime charged.

18. OBJECT OF WRITTEN ACCUSATION
Accused should be given necessary data as to why he is
being proceeded against.
He should not be left in the inevitable state of speculating
why he is made the object of prosecution.

19. RIGHT TO COUNSEL
RULE 115 © gives the accused the following rights:
1. The right to counsel, which is generally NOT WAIVABLE;
2. The right to be present at every stage of the criminal proceedings,
which the accused may waive as by being represented by counsel
EXCEPT in arraignment and when his identification as an accused
is required by the prosecution.
3. The right to defend himself in person, provided that he can
properly protect his right without the assistance of a counsel,
which is usually applicable only before MTC involving light offense.

20. NECESSITTY OF REPRESENTATION BY
COUNSEL
A litigant who is not a lawyer is not expected to know the court rules
(rules of procedure and evidence) or unlearned in the law can neither aid
litigants nor the court in this regard.
ONLY lawyer, who by mental and moral fitness previously ascertained
possesses the required training in law, can properly and effectively extend
such assistance.
This right is a recognition of, and is intended to give meaning to, the
necessity that a litigant appear by counsel.

21. NEED FOR ASSITANCE OF COUNSEL
A party litigant needs the assistance of counsel in ALL
PROCEEDINGS, administrative, civil or criminal.
Not being a lawyer he is ignorant of the substantive and procedural
laws which are applied into resolved disputes.
EVEN lawyers who are parties of the case, his personal at times,
emotional involvement may adversely affect his handling of a case
therefor, held that need a guiding hand of counsel.
Skill in drafting pleadings is vastly different from skill needed in the
courtroom.

22. DENIAL OF RIGHT TO COUNSEL
Constitutional right of the accused to be heard in his defense by counsel is
inviolate and no court of justice has the power to deprived him of that right.
CONSEQUENCES (absence):
1. Custodial investigation
2. If judgment of conviction had become final and executory—may still be
recalled.
3. If convicted—his conviction will be set aside and a new trial will be
undertaken
4. CA resolution dismissing the Appellant’s brief –may be recalled

23. DENIAL OF RIGHT TO COUNSEL
5. gross ignorance of the law and
procedure—re-opened to give the accused
another chance to present his case.
6. any statement without assistance of a
counsel of his own choice is inadmissible to
court (unless otherwise he has none)

24. WAIVER OF RIGHT TO COUNSEL
The right to counsel is absolute or immutable.
Option to secure the services of counsel de parte is not absolute.
Where the case has been delayed for refusal of the accused to
secure counsel de parte, the court will appoint a counsel de officio.
Sec. 1© of Rule 115: “ Upon motion, the accused may be allowed
to defend himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance of
counsel.”---implies that the accused waived his right to counsel

25. RIGHT TO REMAIN SILENT
The accused has the right to remain silent, which means that he
does not have to talk at all during custodial investigation, nor to take
the witness stand during trial of his case is supported by his right
against self-incrimination.
SETTLED RULE: In order to gain conviction, the prosecution must
rely on the strength of its evidence rather than on the weakness of
the defense.
NOT ABSOLUTE THOUGH: unexplained failure of the accused to
testify or his silence and omission are admissible in evidence against
him.

26. IMMUNITY FROM SUIT FOR TESTIFYING
2 types of immunity statutes granting immunity to a witness from
suit:
1. TRANSACTIONAL IMMUNITY– by its grant, witness can no longer
be prosecuted for any offense whatsoever arising out of the act or
transaction.
2. USE-AND-DERIVATIVE USE IMMUNITY—a witness is only assured
that his particular testimony and evidence derived from it will not
be used against him in a subsequent prosecution.

27. RIGHT AGAINST SELF-INCRIMINATION
Constitution provides: “ No person shall be compelled to be a witness
against him.”
IN ALL CRIMINAL PROSECUTION: accused is exempt from being a
witness against him. ( based on the grounds of public policy, because it
would place the witness against the strongest temptation to commit
perjury and of humanity because it would be to extract from the
defendant’s own lips and against his will an admission of his guilt)
No court is allowed to directly or indirectly of facts usable against him.

28. RIGHT AGAINST SELF-INCRIMINATION
Trial court, upon motion of the prosecution, forced the
accused to take the witness stand, over the objection of
his counsel, which forced him to give incriminating
testimony, the conviction of the accused is a nullity.
This right is accorded to every person who gives
evidence, whether voluntarily or under compulsion of
subpoena, in any civil, criminal or administrative
proceeding.

29. RIGHT AGAINST SELF-INCRIMINATION
it is a protection against testimonial compulsion.
It prohibits the use of physical or moral compulsion to
extort communications from the accused not an exclusion
of his body as evidence when it may be material.
It is meant to avoid and prohibit positively the repetition
and recurrence of the inhuman procedure of compelling a
person, in a criminal or any other case, to furnish the
missing evidence necessary for his conviction.

30. RIGHT TO SELF-INCRIMINATION NOT
APPLIED
It does not apply to photographing, fingerprinting, and paraffin-
testing.
Subjecting an accused to ultraviolet ray examination to determine
the presence of ultraviolet powder is not violative of his right to self-
incrimination.
NOTE: the right to self-incrimination does not apply to physical
examination but only to those questions that requires “intelligence”.

31. RIGHT TO CONFRONT AND EXAMINE THE
WITNESSES
Sec. 15 (f) gives the accused the right to confront and
examine witnesses against him at the trial.
This is known as the of confrontations.
No accusation is permitted to be made against his back or in
his absence nor in any derogatory information accepted if
made anonymously– this is to give the accused a fair trial and
to give them a chance to cross-examine their charges.

32. RIGHT TO CONFRONT AND EXAMINE THE
WITNESSES
The accused’s right to meet the witness face to face is LIMITED to proceedings BEFORE the
trial, and not during custodial or preliminary investigation.
PURPOSES:
1. To secure the opportunity to cross-examine;
2. To allow the judge to observe the deportment and appearance of the witness testifying.
DENIAL: renders the incomplete testimony inadmissible and said testimony cannot be used
against the accused.

33. WAIVER OF RIGHT TO CROSS-EXAMINE
The right to cross examine is part of due process but like any right it can be
waived.
If the party has been given the opportunity to cross-examine but did not avail of it,
the testimony of the witness who could no longer be found cannot be stricken off
the record.
Conversely, where no such opportunity given, the uncompleted testimony should
be stricken out.
HEARSAY RULE: make distinct piece of evidence , by way of testimony made
admissible in court—not the decision, and if such decision used as basis for
conviction of an accused in another case, his right to confront the witnesses against
him is violated.

34. RIGHT TO COMPULSORY PROCESS
An accused has the right to have compulsory process issued to secure the
attendance of witnesses and production of documents or other evidences in his
behalf.
REQUISITES for the issuance of subpoena or subpoena duces tecum:
1. That the evidence is really material;
2. That applicant for issuance of subpoena or subpoena duces tecum is not
guilty of neglect in previously securing the attendance of the witnesses or
obtaining the production of the evidence;
3. The evidence will be available at the time desired;
4. That no similar evidenced could be obtained.

35. ISSUANCE AND ENFOCEMENT OF
SUBPOENA
RULE 21,Sec. 1: subpoena is process directed to the
person requiring him to attend and to testify at the hearing
or the trial of an action, or at any investigation conducted
by competent authority, or for taking of his deposition.
Requires him to bring book, documents or other things
UNDER HIS CONTROL, in which the case is called a
subpoena duces ticum.

36. ISSUANCE AND ENFOCEMENT OF
SUBPOENA
Subpoena may be issued by:
1. The court before whom the witness is required to attend;
2. The court of place where the deposition is to be taken;
3. The officer or body authorized by law to do so in connection
with investigations conducted by said officer or body;
4. Any Justice of the Supreme Court or of the Court of Appeals in
any case or investigation pending within the Philippines.

37. ISSUANCE AND ENFOCEMENT OF
SUBPOENA
APPLICATION FOR SUBPOENA TO A PRISONER is made, the judge or
officer shall examine and study carefully such application to
determine whether the same is made for VALID purpose.
NO PRISONER sentenced to death, reclusion perpetua or life
imprisonment and who is confined in any penal institution shall be
brought outside the penal institution for appearance or attendance
in any court UNLESS authorized by the Supreme Court.

38. FORM AND CONTENT OF SUBPOENA
State the name of the court and the title of the
action or investigation, directed to the person whose
attendance is required.
In subpoena duces tecum---it must contain
reasonable description of the books, documents or
things demanded which must appear to the court
prima facie relevant.

39. QUASHING A SUBPOENA
Subpoena duces tecum is quashed only upon
motion promptly made and, in any event, at or
before the time specified therein IF it is
UNREASONABLE, OPPRESSIVE or the RELEVANCY of
the books, documents or things does not appear or IF
the PERSON whose behalf the subpoena is issued
FAILS to advance reasonable cost of production
thereof.

40. RIGHT TO SPEEDY TRIAL, IMPARTIAL AND
PUBLIC TRIAL
Shall be construed together and given meaning and effect, for one without the
other will constitute a violation of the right.
VIOLATED ONLY: when the proceeding is attended by VEXATIOUS, CAPRICIOUS,
and OPPRESSIVE delays.
CONSIDERATIONS:
1. The length of delay;
2. Reason of such delay;
3. Assertion or failure to assert such right by the accused and the prejudiced
caused by the delay

41. RIGHT TO SPEEDY TRIAL, IMPARTIAL AND
PUBLIC TRIAL
A delay of more than 1 year to resolve the motion to
dismiss from the date of its submission is too long.
The right to speedy disposition of cases extends to all
citizens, including those in the military and covers the
periods before, during and after the trial

42. IMPARTIAL TRIAL
The right to due process is the right to have an impartial trial.
The duty to accord respect to such right falls on the trial judge.
CANON 2 of the Code of the Judicial Conduct REQUIRES the judge
to avoid impropriety and the appearance of impropriety in all
activities. (MEANS a judge should always show, in the discharge of
his functions, “COLD NUETRALITY OF AN IMPARTIAL JUDGE” which is
a requirement of due process.

43. PUBLIC TRIAL
Is a trial which possesses the character when everyone interested in
observing the manner a judge conducts the proceedings in his courtroom
may do so. (implies that the court doors must be open to those who wish to
come)
It affords further protection an accused under trial.
ONLY EXCEPTION: when evidence that may be elicited from the witness
may be characterized as offensive to decency or public moral.
It ensure that the right of the accused is fairly dealt with and would not
unjustly condemned and his right is not compromised in secret countless
conclaves.

44. CONSEQUENCES OF VIOLATION OF THE
RIGHT
A denial of the right of the accused to
have speedy, impartial and public trial
entitles the accused to a dismissal of
the case, upon filing the appropriate
motion to dismiss, and the dismissal
operates as an acquittal.

45. RIGHT TO APPEAL
An accused have the right to appeal in all
cases and in all manner prescribed by law, Rule
122 governs the appeal from a judgment of
conviction.

46. WAIVER OF RIGHT
A person may waive any matter which affects his property, and any alienable
right or privilege of which he is the owner or which belongs to him or to which
he is legally entitled, whether secured by contract, conferred by statute, or
guaranteed by the Constitution, intended for his sole benefit, do not infringe on
the right of others and the waiver is not forbidden by law, and does not
contravene public policy or moral or public interest.
It is voluntary and intentional relinquishment of abandonment of a known
legal right, advantage, benefit claim or privilege.
MUST BE MADE: certain, and unequivocal and intelligently, understandably
and willingly made.

47. THANK YOU FOR READING!
CHELDHAYE