Rights of the Accused Rule 115 - Provide for the enumeration of the different constitutional and

statutory rights of the accused. Rights of the accused at the Trial *Rights to presumed innocent - This is
what we call as presumption of innocence. (Simply means that unless and until a person accused of a
crime is proven beyond reasonable doubt guilty of the crime charge then he is to be presumed
innocent.) - Presumption of innocence means that a person may not be punished without the
observation of due process and without the court of law pronouncing the accused as guilty. - A mere
accusation is not equivalent to a conviction only the court of law can convict the accused of the crimes
or the crime charge of him not even the law enforcement authority or prosecutors will have the
authority to pronounce that the accused is guilty of a crime. (Only the courts of law can convict an
accused.) *Right to be informed of the nature and the cause of accusation against him - It means that
whatever is being charged of the accused must be informed to him and also the accused has the right to
be informed regarding the cause of the accusation against him. *Right to present and defend in person
and by counsel at every stage of the proceedings - During the pendency of the trial of a criminal case the
accused has the right to be present. In other words the court may not be exclude the accused from
participating or observing the trial of his case. What is at stake? Is the liberty of the accused then he has
the right to participate in the proceedings, he has the right to attend the hearings and he has the right to
be present thereat. *Right to counsel - It means that the accused will have the right to choose an
independent and competent counsel or attorney of his choice. You cannot deprive the accused if the
accused would like to talk or confer his lawyer you cannot deny that right. *Right to testify as a witness
in his own behalf - This means that if the accused would like to clear his name, he wants to prove his
innocence then he can testify by and on his own. You cannot prevent the accused from testifying for
himself. *Right against self-incrimination when you say self - Incrimination that means that a person
may not be compelled to testify against himself. You cannot force a person to admit the charges files
against him. *Right to confront and cross examine witnesses against him at trial - The accused can cross
examine the witnesses against him through a counsel and during trial. Because it is the right of the
accused to cross examine witnesses against him. *Right to compulsory process - Remember that most
accused are deprived of their liberty and therefore they cannot go out to procure evidence for their
defense. - Subpoena duces tecum means order of the court requiring a person to produce documents.
*Right to a speedy, impartial and public trial - The accused has the right to a speedy trial, it is a trial free
from continuance and unnecessary delay. - Aside from that he also has the right to an impartial trial, the
impartiality and called neutrality of a judge. That the judge would not presume the accused to be guilty
of the crime charge but the judge must be sitting in his position as called neutral officer of the court. - A
public trial meaning the cases will be conducted with the view of the public. *Right to appeal on all cases
allowed by law and in the manner prescribed by law. Right to Presumed Innocent General Rule; -
Accusation is not synonymous with guilt - The quantum of evidence or the weight of evidence required
in order to convict the accused is guilty beyond reasonable doubt. - Conviction of the accused should be
based on the strength of the prosecution and not on the weakness of the defense. This means that even
if the accused will not present evidence as long as the evidence of guilt is weak then the accused is
entitled to acquittal. Exemption; - One of the justifying circumstances is self-defense is the accused
committed the crime acting upon lawful defenses. - In cases of self-defense - the person invoking self-
defense is presumed guilty because of the acts constituting the crime. In this case, a reverse trial will be
held. - Reverse trial - the first one who will present evidence is the accused instead of the prosecution
because the accused admit the crime. Reasonable Doubt - The doubt engendered by an investigation of
the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of
guilt. - Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is
required as to every proposition of proof to requisite to constitute the offense. Equipoise Rule - The
evidence of the prosecution is evenly balance with the evidence of the accused. - The constitutional
presumption of innocence should tilt in favor of the accused who must be acquitted. Reverse Trial - A
reverse trial happens if the accused admits the killing but claims self-defense. - He must first establish
the elements of self-defense in order to overturn the presumption that he was guilty of the offense.
Accused's Right to be informed - The accused must be informed of what is the offense that he is being
charged with. Waiver of Right to be informed - The right to be informed may not be waived. - It is a basic
right of the accused to be informed of the nature and cause of the accusation against them. - Which is
why you have to inform the accused of the facts and circumstances constituting the crime in order to
enable a person of common understanding to know what offense is being charged. Instances when the
presence of the accused is mandatory in criminal proceedings *When the order by the court for
purposes of identification - The witness for the prosecution will have to point to the person of the
accused. He needs to identify who is the accused. *During Arraignment (Sec. 1 (b), Rule 116) - The
information will be read tot the accused and he will be asked if he is guilty or not. *Promulgation of
judgment - Except when the conviction is for a light offense, in which case, it may be pronounced in the
presence of his counsel or a representative. Waiver of the right to be present during the trial *Right to
be present may be waived by; - A waiver pursuant the stipulation set forth in his bail - Absence of the
accused without justifiable cause - If the accused jumps bail Effects of the waiver of the right to appear
by the accuse - When the accused waived his right to appear during trial. It is also equivalent to a waiver
to present evidence. - The prosecution can present evidence despite the absence of the accused as long
as there has been arraignment. (The case will continue even if the accused is not present or known as
trial in absentia.) Accused's refusal to testify General Rule - The silence of the accused should not be
used against him Exception - When the prosecution has already established a prima facie case, the
accused must present proof to overturn the evidence and if the defense of the accused is alibi and does
not testify, the interference is that the alibi is not believable.