1. Rights of Accused at Trial

G. Rights of the Accused (Rule 115)

> RULE 115

Rights of Accused

Section 1. Rights of accused at the trial. — In all criminal prosecutions, the accused shall be entitled to the following rights:

(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)

INSTANCES WHEN PRESENCE OF ACCUSED IS REQUIRED BY LAW

Accused is required to be present during:

• At arraignment and plea, whether of innocence or of guilt;
• During trial, whenever necessary for identification purposes;
• Whenever required by the court for purposes of identification; and at
• Promulgation of sentence.

Exception: In light offenses, when the accused may appear by counsel or representative. (People v. De Grano, G.R. No. 167710, June 5, 2009)

Note: The constitutional right of an accused against self-incrimination proscribes the use of physical or moral compulsion to extort communications from the accused and not the inclusion of his body in evidence when it may be material. Thus, cases where nontestimonial compulsion has been allowed reveal that the pieces of evidence obtained must be material to the principal cause of the arrest.

In one case, since the urine sample for drug testing is immaterial to the charge of extortion, there is a violation against right to self-incrimination. The evidence is inadmissible. (Dela Cruz v. People, G.R. No. 200748, 2014)

Four-Fold Duty of Court when Accused Appears without Counsel:

• INFORM the defendant that he has a right to an attorney before being arraigned
• After informing him, court must ASK the defendant if he desires to have the aid of an attorney
• If he desires but is unable to employ one, the court must ASSIGN an attorney de oficio to defend him
• If the accused desires to procure an attorney of his own, the court must grant him REASONABLE TIME to do so (Gamas v. Oco, A.M. No. MTJ-99-1231, 2004)

Failure to comply with this 4-fold duty amounts to a violation due process

COUNSEL DE OFICIO is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself