RIGHTS OF THE ACCUSED (Sec. 14 Art III of the 1987 Constitution)
Summary
TLDRThe video explores the rights of the accused under Section 14 of the Bill of Rights, Article 3 of the 1987 Philippine Constitution. It covers various essential rights such as due process, presumption of innocence, the right to counsel, a speedy and public trial, meeting witnesses face-to-face, and the right to compulsory processes. Additionally, it discusses trial in absentia and key legal principles like the equipoise rule. The video breaks down these rights in the context of criminal procedure, ensuring a fair trial for the accused.
Takeaways
- đ Section 14 of the Bill of Rights in the 1987 Philippine Constitution outlines the rights of the accused in criminal prosecutions.
- đ« No person can be held to answer for a criminal offense without due process of law, ensuring fairness in legal proceedings.
- đ ââïž The accused is presumed innocent until proven guilty, placing the burden of proof on the prosecution.
- đŁïž The right to be heard includes the right to be informed of the nature and cause of the accusation, ensuring transparency in the charges.
- đïž A speedy, impartial, and public trial is a fundamental right, aiming to reduce undue delays and ensure justice is served in a timely manner.
- đ„ The right to meet witnesses face to face allows for cross-examination, a crucial aspect of ensuring a fair trial.
- đ The right to compulsory process ensures the accused can secure the attendance of witnesses and production of evidence necessary for their defense.
- đ« Trial in absentia is allowed under certain conditions, such as when the accused has been duly notified and fails to appear unjustifiably.
- đ The script discusses the importance of criminal due process, which includes investigation, preliminary examination, and trial, all conducted by an impartial and competent court.
- âïž The concept of an 'impartial' trial is emphasized, meaning the trial should be conducted by an unbiased judge to ensure due process.
Q & A
What does Section 14 of the 1987 Constitution of the Philippines state?
-Section 14 of the 1987 Constitution of the Philippines states that no person shall be held to answer for a criminal offense without due process of law. It also states that in all criminal prosecutions, the accused shall be presumed innocent until proven guilty and shall have various rights including the right to be heard, to have a speedy and public trial, to confront witnesses, and to have compulsory process for securing witnesses and evidence.
What are the rights of the accused under Section 14?
-The rights of the accused under Section 14 include the right to criminal due process, the presumption of innocence, the right to be heard by oneself or counsel, the right to be informed of the nature and cause of the accusation, the right to a speedy, impartial, and public trial, the right to confront witnesses, and the right to compulsory process for securing attendance of witnesses and production of evidence.
What is the significance of the presumption of innocence?
-The presumption of innocence means that the burden of proof is on the prosecution to establish the guilt of the accused. The conviction should rely on the strength of the prosecution's evidence, not on the weakness of the defense. This principle ensures that the accused is treated fairly and is not presumed guilty without sufficient evidence.
What is criminal due process?
-Criminal due process includes the investigation prior to the filing of charges, preliminary examination and investigation after charges are filed, and the period of trial. It requires that the court is impartial and competent, and that all rights granted to the accused under the Constitution and applicable statutes are observed.
What does the right to be heard by oneself or counsel entail?
-The right to be heard by oneself or counsel means that the accused has the right to defend themselves in court, either personally or through a lawyer. This right begins from the moment a person is taken into custody and placed under investigation. It is an essential component of a fair trial, and if the accused cannot afford a lawyer, one must be appointed by the court.
What is the purpose of the right to be informed of the nature and cause of the accusation?
-The purpose of this right is to ensure that the accused is fully aware of the charges against them, allowing them to prepare an adequate defense. It also helps prevent the accused from being tried for the same offense more than once, and informs the court of the specific facts alleged.
What factors are considered in determining whether the right to a speedy trial has been violated?
-Factors considered include the time elapsed since the filing of the information, the length of the delay involved, the reasons for the delay, whether the accused asserted their right to a speedy trial, and the prejudice or loss suffered by the defendant due to the delay.
What is the right to confront witnesses face to face?
-The right to confront witnesses face to face allows the accused to cross-examine witnesses who testify against them. This right also gives the judge an opportunity to observe the demeanor of the witness. It is a fundamental aspect of ensuring a fair trial.
What is the equipoise rule?
-The equipoise rule applies when the evidence presented by both sides in a criminal case is equally balanced. In such a situation, the constitutional presumption of innocence should lead to a verdict in favor of the accused.
When can a trial proceed in absentia, and what are the requirements for it?
-A trial can proceed in absentia if the accused, after arraignment, fails to appear despite being duly notified, and their absence is unjustifiable. The indispensable requirement for trial in absentia is that it must occur after arraignment, where the accused has entered a plea of not guilty.
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