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    Rights of The Accused

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    mylife askirsten

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    © All Rights Reserved
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    Rights of The Accused

    Uploaded by

    mylife askirsten
    1 views2 pages

    Original Title

    Rights of the Accused

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    1 views2 pages

    Rights of The Accused

    Uploaded by

    mylife askirsten

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Rights of the Accused (Rule 115) rights without the assistance of

    the councel.
    1. The rights of the accused are d. To testify….
    ordinarily treated in Constitutional
    Law specially under the topic on the
    Bill of Rights.
    2. Section 1 of Rule 115- rights at the
    trial.
    a. To be Presumed innocent until
    the contrary is proved beyond
    reasonable doubt.
    b. To be informed of the nature and
    cause of the accusations against
    him.
    c. To be present and defend in
    person and by the counsel at
    every stage of the proceedings,
    from arraignment to the
    promulgation of the judgement.
    The accused may, however,
    waive his presence at the trial
    pursuant to the stipulations set
    forth in his bail, unless his
    presence is specifically ordered
    by the court for purpose of
    identification. The absence of
    the accused without justifiable
    cause at the trial of which he had
    notice shall be considered a
    waiver of his right to be present
    thereat. When an accused under
    custody escapes, he shall be
    deemed to have waived his right
    to be present on all subsequent
    trial dates until custody over him
    is regained. Upon motion, the
    accused may be allowed to
    defend himself in person when it
    sufficiently appears to the court
    that he can properly protect his
    Presumptions of Innocence (Bar - The basis of this
    2005) constitutional
    presumptions that case
    Presumption- is an assumption law maintains that the
    of fact that the law requires to conviction of the accused
    be made from another fact or must rest on the strength
    group of facts found or of the prosecution.
    otherwise established in the 3. Disputable presumption
    action or proceeding. (Rule 301. “that official duty has been
    Presumptions in general. regularly performed.” (Sec.
    3m, rule 131, Rules of Court)
    1. The presumption of - But the presumption of
    innocence under the Rules is regularity in the
    of a constitutional origin and performance of official
    a mere substantial reiteration duty should not, by itself,
    of Sec. 14 of Art III of the prevail over the
    1987 Constitution of the presumption of
    Philippines: innocence ( Casona v.
    People)
    2. Jurisprudence- established - Presumption of regularity
    that the prosecution bears is merely just a mere
    the burden to overcome such presumption
    presumptions.
    -It must rely on the strength
    of its own evidence and not
    the weakness of the
    evidence presented by the
    defense. If the prosecution
    fails to discharge this burden,
    the accused deserves a
    judgement of acquittal.
    Presumption of innocence in
    favor of the accused imposes
    upon the People of the
    Philippines, as a plaintiff in
    criminal cases, to prove
    beyond reasonable doubt not
    only each element of the
    crime but also the identity of
    the accused as the criminal.

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