• rightof the accused
    Criminal Cases and Procedure

    Rights of accused at the trial in the Philippines

      Rights of accused at the trial (1) 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 any justifiable cause…

  • Bail-Bonds
    Criminal Cases and Procedure

    Information about Bail in the Philippines

      Bail (Rule 114) Nature   (1) All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required (Sec. 13, Art. III, The Constitution). (2) Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions…

  • Arrest1
    Criminal Cases and Procedure

    Warrant of Arrest in the Philippines

        Requisites of a valid warrant of arrest (1) Requisites for arrest warrant issued by a RTC judge under Sec. 5, Rule 112: (a) Within 10 days from the filing of the complaint or information (b) The judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. (c) If he finds probable cause, he shall issue a warrant of arrest (d) In case of doubt on the existence of probable cause 1)The judge may order the prosecutor to present additional evidence within 5 days from notice; and 2)The issue must be resolved by the court within 30 days from the filing of the complaint of information. (2) Requisites for issuing search warrant under…

  • Criminal Cases and Procedure

    Anti-Violence Against Women and Their Children Act (RA 9262)

    Anti-Violence Against Women and Their Children Act (RA 9262)   What is Republic Act No. 9262? RA 9262 is the Anti-Violence Against Women and Their Children Act of 2004. It seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their partners like:   Husband or ex-husbandLive-in partner or ex-live in partnerBoyfriend/girlfriend or ex-boyfriend/ex-girlfriendDating partner or ex-dating partnerThe Act classifies violence against women and children (VAWC) as a public crime.   What is VAWC under the law? It refers to “any act or a series of acts committed by any person against a woman who is his wife, former wife, or…