Presentlyxandyarenowinprotectivecustody under private

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Unformatted text preview: at since Judge Angeles stands convicted of two counts of child abuse, her moral qualification as a judge is in question. Judge Angeles manifested that she still enjoys the presumption of innocence since the criminal cases are on appeal. Does she still enjoy the presumption of innocence if the judgment convicting her is on appeal? A: Judge Angeles still enjoys constitutional presumption of innocence. Since her conviction of the crime of child abuse is currently on appeal before the CA, the same has not yet attained finality. As such, she still enjoys the constitutional presumption of innocence. It must be remembered that the existence of a presumption 102 indicating the guilt of the accused does not in itself destroy the constitutional presumption of innocence unless the inculpating presumption, together with all the evidence, or the lack of any evidence or explanation, proves the accused’s guilt beyond a reasonable doubt. Until the accused’s guilt is shown in this manner, the presumption of innocence continues. (Re: Conviction of Judge Adoracion G. Angeles, A.M. No. 06‐9‐545‐RTC, Jan. 31, 2008) 4. Right to be Heard by Himself and Counsel Q: Does this right pertain to mere presence of a lawyer in the courtroom? A: No. The accused must be amply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts accordingly; an efficient and truly decisive legal assistance, and not simply a perfunctory representation. (People v. Bermas, G.R. No. 120420, Apr. 21, 1999) Q: Several individuals were tried and convicted of Piracy in Philippine Waters as defined in PD 532. However, it was discovered that the lawyer, Mr. Posadas, who represented them was not a member of the bar although evidence shows that he was knowledgeable in the rules of legal procedure. The accused now allege that their conviction should be set aside since they were deprived of due process. Are they correct? A: No. Sec. 1 of Rule 115 of the Revised Rules of Criminal Procedure states that "upon motion...
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This document was uploaded on 03/12/2014.

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