Scopeandcoverage

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Unformatted text preview: withdrew the counsel de parte. Is the action of the judge valid? A: The appointment of counsel de officio under such circumstances is not proscribed under the Constitution. The preferential discretion is not absolute as would enable an accused to choose a particular counsel to the exclusion of others equally capable. The choice of counsel by the accused in a criminal prosecution is not a plenary one. If the counsel deliberately makes himself scarce the court is not precluded from appointing a counsel de officio whom it considers competent and independent to enable the trial to proceed until the counsel of choice enters his appearance. Otherwise the pace of criminal prosecution will entirely be dictated by the accused to the detriment of the eventual resolution of the case. (People v. Larranaga, G.R. No. 138874‐75, Feb. 3, 2004) 5. Right to be Informed of the Nature and Cause of Accusation Q: What is the rationale for this right? A: 1. To furnish the accused with such a description of the charge against him as will enable him to make his defense 2. To avail himself of his conviction or acquittal for protection against further prosecution for the same cause 3. To inform the court of the facts alleged so that it may decide whether they are sufficient in law to support a conviction, if one should be had (US v. Karelsen G.R. No. 1376, Jan. 21, 1904) Q: What would determine the nature and cause of accusation? A: Description, not designation of the offense, is controlling. The real nature of the crime charged is determined from the recital of facts in the information. It is neither determined based on the caption or preamble thereof nor from the specification of the provision of the law allegedly violated. Q: What are the requisites for properly informing the accused of the nature and cause of accusation? A: 1. Information must state the name of the accused 2. Designation given to the offense by statute 3. Statement of the acts or omission so complained of as constituting the offense 4. Name of the offended party 5. Approximate time and date of commission of the off...
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