Sunday, January 17, 2010

Right to be Heard by Himself and Counsel (Sec. 14 (2), Art. III)

Even if the guilt of the accused is very apparent, a hearing is still indispensable. He cannot be punished upon doubtful assumption. Lack of hearing or notice of hearing violates procedural due process.

Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de officio to defend him.

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