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...