Presumption of Innocence and Rights of the Accused

Presumption of Innocence

• 1987 Constitution: Article 3, Section 14, Paragraph 2 – "The accused is presumed innocent until proven otherwise."
• Meaning: The accused in a criminal case is always presumed innocent until proven guilty in court beyond reasonable doubt.
• Justice Process: A person cannot be called a criminal until a final verdict is reached.
• Stages of the Process:
  • Suspect: When still under police investigation, referred to as a suspect, not a criminal.
  • Respondent: During preliminary investigation or inquest proceeding.
  • Accused: When the case is filed in court.

Right to be Presumed Innocent

• Right to be Presumed Innocent: Can be invoked by anyone accused of a crime.
• Proof Beyond Reasonable Doubt: The prosecution must prove the crime beyond reasonable doubt to achieve a guilty verdict.

Quantum of Evidence

• Different Quantum per Case:
  • Criminal Cases: Proof beyond reasonable doubt.
  • Administrative/Civil Cases: A different standard of evidence is required.

Demurrer to Evidence

• Demurrer to Evidence: Motion to dismiss due to lack or insufficiency of evidence. Used by the defense if the prosecution does not have adequate evidence.

Flight and Inference of Guilt

• Flight: Evasion or escape of the accused can lead to an inference of guilt. However, there must be an absence of credible explanation for it to be valid.
• Circumstantial Evidence: A single piece of circumstantial evidence is not enough to convince beyond reasonable doubt.

Equipoise Rule

• Definition: If the evidence from the prosecution and defense is evenly balanced, the favor is towards the accused. This means he/she should be acquitted.

Trial by Media

• Problem: Media can affect the presumption of innocence, potentially labeling the accused as guilty even without a verdict.
• Remedy: Cases of libel or slander against media that implicate a crime without sufficient basis.

Right to be Heard

• Explanation: The right of the accused to express their side through themselves or their lawyer.

Right to Assistance of Counsel

• Assurance: The right of the accused to have a lawyer to protect their rights at all stages of the trial.
• Counsel de Officio vs. Counsel de Parte:
  • Counsel de Officio: Appointed by the court if the accused cannot afford a lawyer.
  • Counsel de Parte: A lawyer chosen by the party.

Right to be Informed of the Nature and Cause of Accusation

• Arraignment: Reading of the case in court to inform the accused of the charges against them.
• Sufficiency of Complaint/Information: Must be complete with 6 requisites:
  1. Name of the accused
  2. Designation of the offense
  3. Acts or omissions describing the crime
  4. Name of the offended party
  5. Approximate date of commission
  6. Place of the crime
• Non-Waivable Arraignment: Arraignment cannot be waived; it cannot be done in absentia.

All these are necessary to ensure the right of the accused to defend themselves and ensure a fair trial.