Section 12 (Article 3):

-Exclusionary rule  takes care of the primary evidence

-Fruit of the poisonous tree  takes care of the derivative evidence coming from the
primary evidence

Bail:
-Client has to voluntarily surrender to post bail

-Who may be required to post bail aside from the accused?

Answer: only the accused can post bail.

-Can a material witness be required to post bail in order to guarantee that he

or she will appear before trial?
Answer: Yes. Rule 119 of the Rules of Court

-Is bail still available after final judgment?

Answer: No.

-Is bail considered as a matter of right when there is final judgment?

Answer: No.

-Section 13 is only applicable before conviction

-Are attending circumstances material in determining whether or not bail is a

matter of right or discretion?
Answer: No.

-The purpose of hearing for bail is to determine the reasonable amount of bail, by
applying the factors of section 9 of rule 114

-Right to waive bail  People vs. Judge Donato

-AFP: They have the right to bail, except when they are being tried under the
General Court Marshal (since they are not criminal proceedings)  so AFP ALSO
HAS THE RIGHT TO BAIL

-Clear and convincing evidence is higher than preponderance of evidence, but lower
than reasonable doubt

Two modes of acquiring jurisdiction  voluntary arrest and _______

Proof beyond reasonable doubt: "By reasonable doubt is not meant that which of
possibility may arise, but it is that doubt engendered by an investigation of the
whole proof and an inability, after such investigation, to let the mind rest easy upon
the certainty of guilt. Absolute certainty of guilt is not demanded by the law to
convict of any criminal charge but moral certainty is required, and this certainty is
required as to every proposition of proof requisite to constitute the offense."

-Proof beyond reasonable doubt only requires moral certainty (not absolute
certainty); and must be present in all of the elements of the crime

Moral Certainty: probability so great that it no longer allows proof beyond

reasonable doubt

Even in criminal cases, the accused’s preference in choosing his or her counsel shall
be respected (but it is not absolute – it cannot be arbitrarily exercised by the
accused)

*Take note of the offense charged and offense proved

Speedy Trial:
1.) Filing of criminal information
2.) Court shall determine the existence of probable cause (to issue a warrant of
arrest)
3.) Arrest
4.) Arraignment
5.) Pre-Trial
6.) Trial
7.) Promulgation of judgment
8.) Appeal

Flores vs. People: the right to speedy trial also applies to proceedings before the
trial

Violations: unreasonable delay

Is this applicable during the appeal or on appeal? – No. (Flores vs. People)
-Proceedings after trial are not covered under the speedy trial doctrine

Impartial Trial  a cerebral man; cold neutrality of an impartial judge; wholly free
and independent (Mateo vs. Vilaluz)
-Cerebral  thinking; knowledgeable; an impartial judge is not an ordinary man; he
is a man of knowledge
-People vs. Teehankee: an impartial judge is supposed to be detached from the
realities of the world
-Mere probability of influence is not enough; there must be a proof that the Court is
influenced by the publicity
-The Totality of Circumstances Rule: to determine whether there is a violation of the
doctrine of impartiality; it must be shown that the trial court is influenced by the
circumstances of the case
Three grounds for mandatory inhibition:
1.) Pecuniary interest
2.) Previous participation
3.) Relative
-Other grounds as well (Mateo vs. Villaluz)
-Court must not also be impartial, but they should also appear impartial

When is a trial public?  when the accused, his counsel, relatives and friends can
attend the proceedings regardless the charge without any discrimination; subject to
the space that may be accommodated by the court

Garcia vs. Domingo  WON the trial remained public even if it was done inside the
chamber of the judge = yes it remains to be a public trial, since nobody was excluded
from seeing the trial

Can the accused waive the right to a public trial? = the right to public trial belongs to
the accused; although, he cannot be granted such private trial
-Constitutional right of public trial  to safeguard the accused; due process
(invoked section 1 of Article III)

Writ of Habeas Corpus:

-Different from the privilege of habeas corpus
-Privilege  awarded if found out that the detention is illegal and invalid (an order
to release the person illegally detained)
-‘when public safety requires it’  is not a ground for the suspension of the privilege
of the writ of habeas corpus
-Habeas corpus means “you have the body”
-Concurrence of congress is only needed for the extension and not for the
suspension
*Difference between the calling out power and the power of the president to declare
martial law
-Calling out power is used by the President for prevention
-declaration of martial law = there is actual invasion or actual rebellion

-Degree of proof required by the president 