Notes in Rule 115

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Published	04/10/2025	What is the presumption in favor of the accused in a criminal prosecution?The accused is {{c1::presumed innocent}} until the {{c1::contrary is proved}…
Published	04/10/2025	What is the due process guarantee in criminal prosecutions under the Constitution?No person shall be held to {{c1::answer for a criminal offense}} wit…
Published	04/10/2025	What does the right “to be heard” under the Constitution include?The accused has the right to be heard by {{c1::himself}} and {{c1::by counsel}}.
Published	04/10/2025	What trial characteristics are guaranteed to the accused under the Constitution?The right to a {{c1::speedy}}, {{c1::impartial}}, and {{c1::public}} t…
Published	04/10/2025	What confrontation right is granted to the accused?The right to meet the {{c1::witnesses}} {{c1::face to face}}.
Published	04/10/2025	When may trial proceed in the absence of the accused?{{c1::After arraignment}}, the trial may proceed if the accused was {{c1::duly notified}} and {{c…
Published	04/10/2025	What is the overall purpose of constitutional rights of the accused?To ensure a {{c1::full}} and {{c1::unimpeded}} {{c1::opportunity to defend}} again…
Published	04/10/2025	What burden must the prosecution meet to overcome the presumption of innocence?The prosecution must prove the guilt of the accused {{c1::beyond reason…
Published	04/10/2025	Who must present evidence first in a criminal trial, and why?The {{c1::prosecution}}, because it {{c1::bears the burden to overcome the presumption of…
Published	04/10/2025	Can the presumption of innocence be defeated by the presumption of regularity?{{c1::No}}, the presumption of innocence {{c1::prevails}} and {{c1::cann…
Published	04/10/2025	Is suspicion or probability sufficient to convict the accused?{{c1::No}}, mere suspicion, conjecture, or probability {{c1::cannot defeat the presumpti…
Published	04/10/2025	What must the prosecution’s evidence do in order to convict?It must {{c1::exclude all and each and every hypothesis consistent with the innocence}} of…
Published	04/10/2025	What happens if the prosecution fails to discharge its burden of proof beyond reasonable doubt?The accused {{c1::need not offer any evidence in his be…
Published	04/10/2025	What must be established in addition to the commission of the crime?The {{c1::identity}} of the accused must be established beyond reasonable doubt.
Published	04/10/2025	Can the accused be convicted based on the weakness of his defense?{{c1::No}}
Published	04/10/2025	Section 14(2), Article III of the 1987 Constitution provides that the accused shall be informed of the _______ and _______ of the accusation against h…
Published	04/10/2025	The accused is informed of the nature and cause of the accusation against him during the _______ in which a copy of the information is furnished to hi…
Published	04/10/2025	What are the three main purposes of a written accusation?1. To furnish the accused with such a description of the charge against him as will enable hi…
Published	04/10/2025	An accused cannot clearly be convicted of an offense unless it is {{c1::clearly charged}} in the complaint or information
Published	04/10/2025	What is the right of the accused regarding counsel in criminal proceedings?
Published	04/10/2025	If a party does not qualify for the services of the Public Attorney's Office, who provides free legal assistance?
Published	04/10/2025	What must the court do before arraignment regarding the accused's right to counsel?
Published	04/10/2025	What does the right to counsel entail beyond just having a lawyer present in court?
Published	04/10/2025	What is required from the lawyer for the right to counsel to be meaningful?
Published	04/10/2025	Why is the presence of counsel important in criminal proceedings?
Published	04/10/2025	What must the court do if the accused is poor or unable to hire a lawyer?
Published	04/10/2025	When is an accused denied their right to counsel?
Published	04/10/2025	What can the court do if the accused insists on retaining counsel de parte who cannot represent him properly?
Published	04/10/2025	Is there a denial of the right to counsel if a counsel de oficio is appointed during the absence of the accused's counsel de parte?
Published	04/10/2025	What is the accused’s right regarding testifying in his defense?
Published	04/10/2025	Can the court deprive the accused of the right to be heard in his defense?
Published	04/10/2025	What is guaranteed to the accused under the Constitution regarding trial?
Published	04/10/2025	Can the right to present evidence in defense be waived?
Published	04/10/2025	What happens if an accused files a demurrer to evidence without leave of court?
Published	04/10/2025	What happens if the accused fails to appear during trial?
Published	04/10/2025	Is there a waiver of the right to present evidence if the accused requests postponements for valid reasons?
Published	04/10/2025	Can the accused waive his presence at trial?
Published	04/10/2025	What happens if the accused is absent from trial without justifiable cause?
Published	04/10/2025	What happens if an accused under custody escapes?
Published	04/10/2025	Can an accused defend himself in person during trial?
Published	04/10/2025	Are there any stages in the proceedings where the accused’s presence cannot be waived?
Published	04/10/2025	How does the accused’s silence affect his case?
Published	04/10/2025	Can the accused refuse to take the witness stand?
Published	04/10/2025	Can an accused waive their right against self-incrimination?
Published	04/10/2025	Does the right against self-incrimination cover physical evidence?
Published	04/10/2025	Can an accused be compelled to undergo a physical examination?
Published	04/10/2025	Can the police compel an accused to provide a urine sample for drug testing?
Published	04/10/2025	Does the prohibition against self-incrimination apply to the production of documents?
Published	04/10/2025	What are the two purposes of the right of confrontation?To secure the opportunity of {{c1::cross-examination}}.To allow the judge to observe the {{c1:…
Published	04/10/2025	Can the right of confrontation be waived?
Published	04/10/2025	Can previous testimony of a deceased or unavailable witness be used in court?
Published	04/10/2025	What is the effect of incomplete cross-examination on the admissibility of testimony?
Published	04/10/2025	What happens if a witness dies before cross-examination is completed?
Published	04/10/2025	What is the right to compulsory process?
Published	04/10/2025	What is the role of the court in securing the attendance of witnesses for the accused?
Published	04/10/2025	What are the processes available to the accused under the right to compulsory process?
Published	04/10/2025	What is the purpose of the subpoena ad testificandum?
Published	04/10/2025	What is the subpoena duces tecum?
Published	04/10/2025	What is the process for examining witnesses before trial?
Published	04/10/2025	What is the right to a speedy trial?
Published	04/10/2025	What factors are considered in determining if the right to a speedy trial has been violated?
Published	04/10/2025	What is the balance between the right to a speedy trial and the State's right to fair indictment?
Published	04/10/2025	How is the right to a speedy trial further protected by law?
Published	04/10/2025	Can the right to a speedy trial be waived?
Published	04/10/2025	When is the right to a speedy trial considered violated?
Published	04/10/2025	Is the right to a speedy trial violated if there is a delay due to the prosecution's actions?
Published	04/10/2025	What is the right to an impartial and public trial?
Published	04/10/2025	Under what circumstances can the judge exclude the public from the courtroom?
Published	04/10/2025	How does a free press relate to the right to a fair trial?
Published	04/10/2025	Can prejudicial publicity affect the impartiality of a trial?
Published	04/10/2025	Can an accused be denied an impartial trial due to media coverage?
Published	04/10/2025	What is the right to appeal?
Published	04/10/2025	What does an appeal review?
Published	04/10/2025	What is the general rule regarding errors of judgment?
Published	04/10/2025	What is the legal basis for the right to appeal in criminal cases?
Published	04/10/2025	Is the right to appeal a natural right or a statutory privilege?
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