Legal Questions

What is required in due process in criminal proceedings?

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They are:

(a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it;

(b) that jurisdiction is lawfully acquired by it over the person of the accused;

(c) that the accused is given an opportunity to be heard; and

(d) that judgment is rendered only upon lawful hearing.

NOTE:

Section 3, Rule 119, of the Rules of Court

Sec. 3. Order of trial.  The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.

(b) The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of any provisional remedy in the case.

(c) The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.

(d) Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda.

(e) However, when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly.

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