Professional Documents
Culture Documents
RULE 115 Rights of Accused at Trial I. II. Rights of Accused at Trial
RULE 115 Rights of Accused at Trial I. II. Rights of Accused at Trial
RULE 115 Rights of Accused at Trial I. II. Rights of Accused at Trial
C. (c ) Rig h t to b e p re s e n t an d d e fe n d in p e rs o n an d b y c o u n s e l at e v e ry
s tag e o f th e p ro c e e d in g s , fro m arraig n m e n t to p ro m u lg atio n o f th e
ju d g m e n t. ( Se c . 1 (c ), Ru le 115)
1. 1987 Constitution, Art. III, Sec. 14(2)
2. Sec. 6 & 7, Rule 116 - Arraignment & Plea
3. Sec. 7 & 8, Rule 119, Trial
4. Section 34 of Rule 138
5. Due process in criminal cases primarily means right to counsel!
a) Due Process and Right to Counsel:
1
Updated July 2018.
-1-
(Rule 115)
Other cases:
Right to counsel cannot be waived:
People v. Holgado, G.R. No. L-2809, March 22, 1950 [EB]
Instance when waived?:
Sayson v. People, G.R. No. 51745, [October 28, 1988],
248 PHIL 909-921)
People v. Tulin, G.R. No. 111709, August 30, 2001
Right to counsel de parte not absolute and may be waived:
People v. Serzo, Jr., G.R. No. 118435, [June 20,1997],
274 SCRA 553
Non-lawyer may litigate his case personally (Sec. 34, Rule 138):
Cruz v. Mijares, G.R. No. 154464, September 11, 2008
Cruz v. Cabrera, ADM. CASE NO. 5737, October 25, 2004
f) Ineffective counsel, gross negligence of counsel and right to counsel:
Callangan v. People, G.R. No. 153414, [June 27, 2006]
g) Duty of Counsel for the accused:
People v. Bermas, G.R. No. 120420, [April 21, 1999]
h) Power of court to appoint counsel de officio during absence of counsel de parte:
i) Right to cross-examination & present evidence in trial in absentia:
Gimenez v. Nazareno, G.R. No. L-37933, April 15, 1988** People v. La rrañaga, G.R. Nos. 138874-75, [February 3, 2004]
But see People v. Ferrer, G.R. No. 148821, [July 18, 2003] also
an En Banc decision. Mere Obiter re duties of defence counsel?
-2-
(Rule 115)
G. (g ) T o h av e c o m p u ls o ry p ro c e s s is s u e d to s e c u re th e atte n d an c e o f
w itn e s s e s an d p ro d u c tio n o f o th e r e v id e n c e in h is b e h alf.
Sec. 14 (2), Art. III Bill of Rights
1. Subpoena:
- Rule 21, Rules of Court
2. Bail to secure attendance of material witness:
-3-
(Rule 115)
-4-