Void for vagueness doctrine- Where the statute itself is couched in such indefinite language that it is

impossible for men of ordinary intelligence to determine therefrom what acts or omissions are
punished; hence, the law is void.

The right to be informed of the nature and cause of the accusation against the accused may not
be waived, but the defense may waive the right to enter a plea and let the court enter a plea of not
guilty. The right cannot be waived for reasons of public policy.

Failure to object to the multiple offenses alleged in the criminal information during the
arraignment is deemed a waiver of the right. The accused may be convicted of as many offenses charged
in the information and proved during the trial, where he fails to object to such duplicitous information
during the arraignment.

An information which lacks certain material allegations may still sustain a conviction when the
accused fails to object its sufficiency during the trial, and the deficiency is cured by competent evidence
presented therein.

Right to speedy, impartial and public trial

Speedy trial- a trial free from vexatious, capricious and oppressive delays. Accused is entitled to
dismissal, equivalent to acquittal, if the trial is unreasonably delayed.

RA 8493 (The Speedy Trial Act) is a means of enforcing the right of the accused to a speedy trial.
The spirit of the law is that the accused must go on record in the attitude of demanding a trial or
resisting delay. If he does not do this, he must be held, in law, to have waived the privilege.

RA 8493 (The Speedy Trial Act) provides, among others, that the arraignment of the accused
shall be held within 30 days from filing of the information, or from the date the accused has appeared
before the justice, judge or court in which the charge is pending, whichever date last occurs. Thereafter,
where a plea of guilty is entered, the accused shall have at least 15 days to prepare for trial. Trial shall
commence within 30 days from arraignment as fixed by the court. In no case shall the entire trial period
exceed 180 days from the first day of trial, except as otherwise authorized by the Chief Justice of the
Supreme Court.

Impartial trial- The accused is entitled to the “cold neutrality” of an impartial judge.

In one case, the judgement of conviction was reversed upon showing that the trial judge was
biased because of the appearance and criminal record of the accused.

Pervasive publicity is not per se prejudicial to the right of the accused to a public trial.

Public trial- an accused has a right to a public trial, but it is a right that belongs to him more than anyone
else, where his life or liberty can be held critically in balance. A public trial aims to ensure that he is fairly
dealt with and would not be unjustly condemned and that his rights are not compromised in secret
conclaves of long ago. A public trial is not synonymous with a publicized trial; it only implies that the
court doors must be open to those who wish to come, sit in the available seats, conduct themselves with
decorum and observe the trial process.

RIGHT TO MEET WITNESSES FACE TO FACE

 Right to cross-examine complainant and witnesses. The testimony of a witness who has not
submitted himself to cross examination is not admissible in evidence. The affidavits of the witnesses
who are not presented during the trial – and thus, are not subjected to cross-examination – are
inadmissible because they are hearsay.

RIGHT TO COMPULSORY PROCESS TO SECURE THE ATTENDANCE OF WITNESSES AND THE

PRODUCTION OF EVIDENCE

A subpoena is a process directed to a person directing him to attend and testify at the hearing or
trial of an action or at any investigation conducted under the laws of the Philippines, or for the taking of
his disposition.

2 kinds of subpoena:

1. Subpoena ad testificandum- used to compel a person to testify.

2. Subpoena duces tecum- used to compel the production of books, records, things or documents
therein specified.

The requisites for compelling the attendance of witnesses and the production of evidence, as
follows:

1. The evidence is really material;

2. Accused is not guilty of neglect in previously obtaining the production of such evidence;
3. The evidence will be available at the time desired; and
4. No similar evidence can be obtained.

TRIAL IN ABSENTIA

Sec. 6 Rule 120 authorizes the promulgation of judgment in absentia in view of the failure of the
accused to appear despite notice. Trial in absentia is mandatory upon the court whenever the accused
has been arraigned, notified of date/s of hearing, and his absence is unjustified.

Waiver of appearance or trial in absentia does not mean that the prosecution is thereby
deprived of the right to require the presence of the accused for purposes of identification by its
witnesses which is vital for the conviction of the accused. Even after the accused has waived further
appearance during the trial, he can be ordered arrested by the court for non-appearance during
summons to appear for purposes of identification.

The presence of the accused is mandatory:

a. During arraignment and plea;

b. During trial for purposes of identification; and
c. During promulgation of sentence, unless for a light offense wherein the accused may appear by
counsel or a representative.

An accused who escapes from confinement, or jumps bail, or flees to a foreign country, loses his
standing in court, and unless he surrenders or submits himself to the jurisdiction of the court, he is
deemed to have waived his right to seek relief from court, including the right to appeal his conviction.
HABEAS CORPUS (Sec. 15, Art. III) - The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when public safety requires it.

Writ of habeas corpus- A writ issued by the court directed to a person detaining another,
commanding him to produce the body of the prisoner at a designated time and place, with the day and
cause of his caption and detention, to do, to submit to, and to receive whatever the court or judge
awarding the writ shall consider in his behalf.

Habeas corpus restores the liberty of an individual subjected to physical restraint. It secures to
the prisoner the right to have the cause of his detention examined and determined by a court of justice,
and to have the issue ascertained as to whether he is held under lawful authority.

The writ will not issue where the person alleged to be restrained of liberty is in the custody of an
officer under a process issued by the court which has jurisdiction to do so.

The fact that the preliminary investigation was invalid and that the offense had already
prescribed do not constitute valid grounds for the issuance of habeas corpus. The remedy is to file a
motion to quash a warrant of arrest, or to file a motion to quash the information based on prescription.

There is a need to comply with the writ; disobedience thereof constitutes contempt of court.

Grounds for suspension of the privilege of the writ of habeas corpus:

1. Sec. 18, Art. VII of the 1987 Constitution provides: “In case of invasion or rebellion, when
public safety requires it, the President may, for a period not exceeding 60 days, suspend the
privilege of the writ of habeas corpus.
Within 8 hours from the suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its members in a regular or special session, may
revoke such proclamation or suspension, which revocation shall not be set aside by the
President.
Upon the initiative of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis for the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon
within 30 days from filing.
The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with invasion. During the
suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within 3 days, otherwise, he shall be released.

Suspension of privilege does not suspend right to bail. (Sec. 13, Art. III)
SPEEDY DISPOSITION OF CASES (Sec. 16, Art. III) – All persons shall have the right to a speedy
disposition of cases before all judicial, quasi-judicial or administrative bodies.
**relate this to the rights of the accused to speedy trial (Sec. 14, Art III) and to
periods for decision for courts (Sec. 15, Art. VIII)