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Title VI - Crimpro - Topic F - Rights of the Accused (Rule 115), 1. Rights…
Title VI - Crimpro - Topic F - Rights of the Accused (Rule 115)
d.
Right to Speedy Trial
- Applies only to criminal cases.
ASSERTION OF RIGHT
- It is not mandatory for the accused to follow up his case before right to speedy trial/disposition can be recognized. (Remulla v. Sandiganbayan)
WHEN VIOLATED
- When the proceedings are attended by vexatious, capricious, and oppressive delays or when unjustified postponements of the trial are asked for and secured or, when without cause or justifiable motive, a long period of time is allowed to elapse without the party having his case tried.
Right to Speedy Disposition of Cases
- applies to all forms of proceedings. Note that rulings in right to speedy trial equally applicable here.
WHEN VIOLATED
INORDINATE DELAY -
Covers delay from the preparation of the information to its final approval by the Acting Ombudsman. In the case, it waas (6) years from initial resolution to action of Ombudsman. (Coscolluella v. Sandiganbayan)
FACT-FINDING PERIOD
- Is not included in determining inordinate delay. Period begins from the formal filing of the complaint or information. (Cagang v. Sandiganbayan)
NOT-EXCUSED
Judge's Illness -
Not excused, Judge could have notified SC and asked for extension of time. (Balajedeong v. Del Rosario)
Judge's workload/transfer to another sala
- not excused because they can also request for extension. (Re: Report on Judicial and Financial Audit in BTC of Bayombbong andSolano)
Absence of Branch Clerk of Court
- Duty of Judge to recommend to SC immediate appointment of another branch clerk. (OCA v. Laron)
Non-Submission of Stenographic Notes
- Judges are directed to take down their own notes. (Re: Report on Judicial Adut RTC 4 Eastern Samar)
Defects in a motion
- Judge can resolve the motions as is (Heirs of Simeon Piedad v. Estrera)
TEST FOR DETERMINING VIOLATION (People v. People 2008)
- Balancing test. Consider the following factors.
PROSECUTION
REASON for Delay
- Deliberate attempt to delay or negligence is weighed against the government.
DEFENDANT
PREJUDICE to the Defendant
- If delay causes impairment to defense, anxiety or oppressive pretrial incarceration.
ASSERTION of Right
- Failure to assert the right will make it difficult to prove denial of right to a speedy trial/disposition.
LENGTH of Delay
- There must be some delay which is presumptively prejudicial. This varies per case. Delay in a street crime is considerably less than for a serious, complex charge.
EFFECT OF VIOLATION (Esmena v. Pogoy)
- Dismissal of a case equivalent to acquittal.
This applies even if the dismissal was upon motion of the accused.
Thus, double jeopardy applies.
This applies even to motion for reconsideration of the order of dismissal where court chooses to grant a re-trial. Double Jeopardy prevents this.
APPROPRIATE REMEDY (Andres v. Cacdac)
First ask for trial then dismissal if prosecution cannot present
Can also ask for dismissal of the information/complaint for non-compliance with time period under Speedy Trial Act.
WAIVER OF RIGHT
- It has been held that failure to invoke the right to a speedy trial can be equivalent to the accused sleeping on their rights w/c is tantamount to a waiver. Same principle applies to active participation in the proceedings without raising said right. (Perez v. People & Tan v. People)
TIME PERIOD
Raffling
- Raffled and referred to trial court within (3) days from filing of the information
Arraignment
- Accused shall be arraigned within (10) days from date of raffle
Pre-Trial Conference
- (30) days after arraignment OR (10) days if under preventive detention UNLESS direct testimonies through affidavit; (20) days from arraignment
Setting Trial
- (30) days from termination of pre-trial conference
Termination of Trial
- (180) days OR (60) days if trial by judicial affidavits reckoned from the date the trial begins minus exclded delays or postponements in RoC or Speedy Trial Act.
Non-Observance of time periods grounds for dismissal on basis of denial of right to speedy 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 accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
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 purposes 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 right without the assistance of counsel.
(d) 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.
(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 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.
(g) To have compulsory process issued to secure the attendance of witnesses and production of other 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. (1a)
1. Rights of Accused at the trial
a. Due Process
b. Presumption of Innocence
- Prosecution must rely on the strength of evidence and not the weakness of the defense.
Must prove beyond reasonable doubt each element of the crime and the identity of the accused.
c. Against self-incrimination
Right to be Present(RoC 115 S.1)
- This covers the right to be present at every stage of te proceedings from arraignment tot he promulgation of judgment.
e. Right to confront and cross-examine the witnesses against him at the trial
- Sufficient that the accused has the opportunity to cross-examine.
Waiver
- Thus this right may be waived by failure to exercise. (People v. Abatayo)
f. Right to have compulsory process issued to secure attendance of witnesses and production of other evidence on his behalf (CONST. Art. III S. 14)
- Compulsory process. Constitutional Right.
h. Right to Counsel
g. Right to self-representation
i. Right to an impartial judge
1 more item...
POLICE LINE-UP (People v. Tolentino)
- Right to counsel cannot be invoked here as no custodial investigation yet.
Counsel De Parte (People v. Siongco)
- Right to counsel not violated by the appointment of counsel de oficio if the chosen counsel is absent.
Waiver of Right to Counsel (People v. Siongco) -
may be waived, but must be voluntary and intelligently.
Subject to requirements of waiver under the Constitution.
EFFECTS
- Accused may move for the court to issue a subpoena ad testificandum (testify) and subpoena duces tecum (bring relevant documents) or, in case of non-compliance with both, a motion to have the witness arrested (RoC 21 S. 8)
PRELIMINARY INVESTIGATION (RoC 112 S. 3e)
- Right to cross-examine does not exist during PI. Instead, each party may submit questions to the investigating officer.
Rule on Examination of a Child witness
EFFECT OF VIOLATION (People v. Ortillas)
- The testimony or direct examination records should be expunged. If lone witness testimony and a demurrer is filed, demurrer should be granted.
Non-Appearance -
As a consequence, there is also a right not to be present and a waiver of said rights. (115 S. 1c)
WAIVER
Absence
- Without justifiable reason
Escape
- from custody
EFFECT OF ABSENCE
- Trial may continue provided that the accused was given due notice of the trial prior.
Motion for Leave Due to Demurrer of Evidence (People v. Alcanzado & RoC 119 S. 23)
- If denied, accused should be given a chance to present their own evidence.
When Accused Must be Present
-
(1) Arraignment;
(2) Promulgation of Judgment;
(3) Identification purposes
WHO MAY RAISE
- Accused or WItness
TESTIMONY (People v. Olvis)
- To prevent compulsion of testimonials i.e. communicative in nature. This covers forced re-enactments but not mere mechanical acts such as body examination.
Compulsion (Chavez v. CA)
- Not limited to mere physical violence or overt threats. Can cover Unintentional statements. So long as pressure which operates to overbear his will, disable him making a free and rational choice or impair his capacity for rational judgment. Similarly, moral coercion is covered.
WRITING
(People v. Beltran) - Falls under prohibition. Not a mere mechanical act.
EXCEPTION (Marcelo v. Sandiganbayan)
- In this case the purpose for securing the signature of petitioner on the envelopes was merely to authenticate the envelopes as the ones seized from him and Ronnie Romero i.e. letters already admissible as evidence on their own. May also be waived when witness voluntarily takes the stand.
DRUG TESTS (Dela Cruz v. People)
- It has been held that if accused initially charged for another offense, they may not be compelled to give a urine sample.They must be charged with violation of RA 9165
WITNESS (People v. Ayson)
- Must still take to the stand when compelled. However, may raise right whenever an incriminating question is asked.
ACCUSED (Chavez v. CA)
- Can refuse to take to the stand.
NECESSITY OF ASSERTING (People v. Ayson)
- The right must be claimed. Otherwise, protection does not apply.
WAIVER
- Right may be waived by testifying on his own behalf.
If he does so, open to cross examination but only to matters covered by direct examination. (RoC 115 S. 1d)
Amendments under Rules on Evid -
Valid Waiver
- Unequivocal, intelligently, understandably and willingly made. Chavez v. CA)
WHEN RAISED (Mapa v. Sandiganbayan)
- In any proceeding, protects against any disclosure that the witness reasonably believes could be used in criminal prosecution or could lead to evidence that might be used in the same.
IMMUNITY FROM PROSECUTION -
Legislature can grant immunity which protects from civil or criminal prosecution.
WHO ARE IMMUNE
State
Congress during session for offense punishable by less than (6) years AND SpeechDebate in Congress or Committee thereof
CHR - May grant to person whose testimony/documents necessary or convenient for investigation
Ombudsman - May grant but immunity shall not exempt from criminal prosecutionf or perjury or false testimony or demotion
PCGG - May grant, continues to testimony before the Sandiganbayan
PD 479
- Any person voluntarily gives info about violation of RPC 210-212, RA 3019, Sec. 345 and 3604 of Tariff and Customs Code
State Witness - if admitted under RA 6891
Effect on Presumption of Regular Duty (People v. Hilario)
- Presumption of regularity of performance cannot preponderate over the presumption of innocence if not overthrown by proof beyond reasonable doubt.
Such presumption obtains only when there is no deviation from the regular performance of duty.
If there official act is either irregular or presumption is overcome, no regularity may be presumed.
Equipoise Rule (People v. Erguiza)
- Where the evidence in a criminal case is evenly balanced, rule in favor of the accused.
Similarly, if inculpatory facts and circumstances are capable of two or more explanations, one consistent with innocence will be upheld.d
Plea of Self-Defense (People v. Delos-Santos
) - Shifts the burden of proof to prove the defense by clear, satisfactory and convincing defense. Because already admits the criminal act.
To be Informed of the nature and case of the Accusation (Rule 115.1b)
- The complaint/information must comply with the requirements under Rule 110.
2. Rights of persons under custodial investigation
Rights of a Person Arrested (RA 7438)
- Applies to persons arrested, detained or under custodial investigation. Even to persons who voluntarily surrendered. Failure to provide any of the rights converts the arrest into an illegal or invalid arrest.
ENUMERATION
Right to be assisted by counsel at all times
Right to remain silent
Right to be informed of the above rights
Right to be visited by the immediate members of his family, counsel or any non-governmental organization, national or international.
VOLUNTARY SURRENDER -
Even persons who voluntarily surrendered must be informed of their Miranda rights. (People v. Cabanada)
CUSTODIAL INVESTIGATION
- Begins as soon as investigation ceases to be a general inquiry and interrogation is aimed on a particular suspect who has been taken into custody.
This includes the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected. (People v. Chavez & RA 7438)
RIGHT TO COUNSEL
- Counsel provided must be one who is independent and competent. If detainee does not have one, he must be provided one by the investigating officer.
ABSENCE OF COUNSEL
- In the absence of counsel, no custodial investigation may be conducted. As a consequence, they may only be detained subject to RPC 125.
WAIVERS
- As a general rule, all waivers during detention must be made in writing and signed by the person detained in the presence of counsel. Otherwise, such waiver shall be void.
EXTRAJUDICIAL CONFESSION (People v. Paris)
- Same principle applies. Subject to the following additional requirements
Voluntary
With the assistance of competent and independent counsel
Express
In writing