Trial In Absentia

In one of the courts here in General Santos City (where I am appearing as a defense lawyer), some of the cases I inherited were tried in absentia.

Trial in Absentia in the sense that trials were had in the absence of the accused.

Is this not a violation of the right of the accused to be present during trials?

“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.” (Section 14, paragraph 2, Article III, 1987 Philippine Constitution)

Due process requires for the accused to be present in all of the stages of the criminal proceeding.

“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.” (paragraph 3, Ibid.)

It is no less than our constitution that permits an accused to be tried despite his absence.  However, it must be shown that the accused has been duly notified of the scheduled hearing and his absence is unjustifiable. Otherwise, the court cannot order a trial in absentia.

It must be noted that trial in absentia shall only be ordered after arraignment.  The court acquires the jurisdiction of the person of the accused only after arraignment.  Thus, the court cannot proceed trial without obtaining the jurisdiction of the person of the accused.

If despite notice, the accused shall remain absent during arraignment, the court may issue a warrant for his arrest. If the accused had posted a bond for his temporary liberty, said bond may be ordered cancelled and forfeited in favor of the government.  The case shall then be ordered archived and shall be heard again once the accused shall be arrested.

Be it noted that a lawyer may waive the presence of the accused to avoid cancellation and forfeiture of the bond.


An image featured herein is taken from dovjacobs.com through Google.

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