Section 14. (1) No person shall be held to answer for
a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure
the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified
and his failure to appear is unjustifiable.
Due Process
This means that the accused can only be convicted by a
tribunal which is required to comply with the stringent
requirements of the rules of criminal procedure.
For allegedly raping a 6 year-old girl, Nolito
Boras was convicted of statutory rape by the
RTC of Libmanan, Camarines Sur and was
sentenced to suffer the penalty of reclusion
perpetua, and to pay P50,000.00 as civil
indemnity. Prior to this, appellant was convicted
for an alleged rape other than the one charged
in the information. Was there due process?
Answer: Yes. Accused-appellant cannot be convicted for
the alleged rapes committed other than the one charged
in the information; contrary ruling will violate his
constitutional rights to be informed of the nature and
cause of the accusation against him. The victim even
testified to other occasions of rape committed against
her by accused-appellant prior to December 1991. A rule
to the contrary will violate accused-appellant’s
constitutional rights to be informed of the nature and
cause of the accusation against him. Such other alleged
rapes committed which are not alleged in the information
may be taken only as proof of specific intent or
knowledge, plan, system or scheme.
People vs. Boras.
The undersigned Asst. Provincial Prosecutor on
complaint of the offended party Dannilyn Catubig
accuses Danilo Catubig of the crime of rape,
penalized under the provisions of Art. 335 of the
Revised Penal Code. However, the relationship
of the accused and the offended party was not
alleged in the information. Was there due
process?
Answer: Yes. The retroactive application of procedural
rules, nevertheless, cannot adversely affect the rights of
the private offended party that have become vested prior
to the effectivity of said rules. Thus, in the case at bar,
although relationship has not been alleged in the
information, the offense having been committed,
however, prior to the effectivity of the new rules, the civil
liability already incurred by appellant remains unaffected
thereby.
People vs. Horio.
The Ombudsman charged in the Sandiganbayan
with plunder as defined by, and penalized under
Section 2 of RA 7080, as amended by RA 7659
the accused. Is a special civil action for certiorari
proper to assail the denial of the demurrers to
evidence?


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- Fall '16
- Ulysses, Appellate court, Legal burden of proof, Trial court, Rights of the accused