People of the Philippines vs. Juan dela Cruz

Maybe some of you who are not engaged in the legal world are curious why every criminal case is entitled People of the Philippines vs. Juan dela Cruz or so-and-so. Because an accused does not only offend his victim and the latter’s loved ones but he actually offends the state and its individual. For this reason, the State has the authority, under its police power:

1. to define and punish crimes; and

2. to lay down the rules of criminal procedure.

The accused, being an individual of the state whose interests are to be guarded and protected, is however, afforded the constitutional and statutory rights guaranteed by Article III, Bill of Rights of the 1987 Constitution and section 1, Rule 115 of the Rules of Court.

Constitutional Rights of the Accused: (Article III of the 1987 Constitution)

1. the Right to be Presumed Innocent until proven guilty; (Section 14)

2. the Right to Due Process of Law:

- the right to be heard.

- the right to have a competent and independent counsel/lawyer preferably of his own choice.

3. the Right to be informed of the nature and cause of the accusation against him;

- to have a speedy, impartial and public trial.

4. the Right to meet the witness face to face

5. the Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf;

6. Free access to the courts and other quasi-judicial bodies and adequate legal assistance; (section 11)

7. the Right against torture, violence, threat, intimidation or any other means which vitiate his free will; (section 12)

8. the Right to Bail; (Section 13)

9. the Right to a Writ of Habeas Corpus; (Section 15);

10.the Right to a speedy disposition of his case; (Section 16)

11.the Right Against Self-incrimination; (Section 17);

- to exempt from being a witness against himself.

12.the Right Against Excessive Fines/Penalties; (section 19) and

13.the Right Against Double Jeopardy; (section 21)

Satutory Rights: (Section 1, Rule 115 of the Rules of Court)

1. to be Presumed Innocent until the contrary is proved beyond reasonable doubt;

2. to be present and defend himself in person and by counsel at every stage of the proceedings;

3. to be informed of the nature and cause of the accusation against him;

4. to testify as a witness in his own behalf;

5. to exempt from being a witness against himself (the Right Against Self-incrimination;)

6. to confront and cross-examine the witnesses against himself;

7. to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf;

8. to have a speedy and public trial; and

9. to have the right to appeal in all cases authorized by law.

A right which may be waived is the right of the accused to confront and cross-examine the witnesses against himself because it is a personal right. While the right to be informed of the nature and cause of the accusation against him may NOT be waived because it involves public interest which may be affected.