The operative concepts in the mandatory drug testing

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Unformatted text preview: ulated on his identity during the pre‐trial and that he is the one who will be identified by the witnesses as the accused in the criminal case 3. During promulgation of sentence, unless for a light offense Note: While the accused is entitled to be present during promulgation of judgment, the absence of his counsel during such promulgation does not affect its validity. Q: Can there be promulgation of judgment in absentia? A: Promulgation of judgment in absentia is valid provided that the essential elements are present: 1. Judgment be recorded in the criminal docket Copy be served upon accused or counsel Note: Recording the decision in the criminal docket of the court satisfies the requirement of notifying the accused of the decision wherever he may be. (Estrada v. People, G.R. No. 162371, Aug. 25, 2005) r. PRIVILEGE OF WRIT OF HABEAS CORPUS Q: What is the Writ of Habeas Corpus? A: Writ of Habeas Corpus is a writ directed to the person detaining another, commanding him to produce the body of the detainee at a designated time and place, and to show the cause of his detention. Q: What is the Privilege of the Writ of Habeas Corpus? A: It is the right to have an immediate determination of the legality of the deprivation of physical liberty. Q: When may the privilege of the writ be suspended? A: The privilege of the writ may be suspended by the President, provided that the following requisites are present: 1. Existence of actual invasion or rebellion 2. Public safety requires the suspension Q: To what situations does the writ apply? A: The Writ of Habeas Corpus extends to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the one entitled thereto. Q: May the Writ of Habeas Corpus be used as a means of obtaining evidence on the whereabouts of a person? A: In Martinez v. Mendoza (499 SCRA 234 2006), the Court held that the grant of relief in a habeas corpus proceeding is not pred...
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This document was uploaded on 03/12/2014.

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