PRESUMPTION OF INNOCENCE
Category: Criminal Procedure
WHAT IS THE MEANING OF THE RIGHT OF PRESUMPTION OF INNOCENCE?
> The right means that the presumption must be overcome by evidence of guilt beyond reasonable doubt
1. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused
2. Accusation is not synonymous to guilt—conviction should then be based on the strength of the evidence of the prosecution and not the weakness of the defense
WHAT IS THE RATIONALE FOR THE PRESUMPTION OF INNOCENCE?
> There ought to be a balance between the machineries of the State and the accused
WHAT ARE THE EXCEPTIONS TO THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE?
1. If there is a REASONABLE CONNECTION between the fact presumed and the fact ultimately proven from such fact. For example, an accountable public officer who fails to account for
funds or property that should be in his custody is presumed to be guilty of malversation of public funds; or that persons in possession of recently stolen goods are presumed guilty of the
offense in connection with the goods
2. In cases of SELF-DEFENSE, the person who invokes the self-defense is presumed guilty. The burden of proving the elements of self-defense is incumbent upon the accused.
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PRESUMPTION OF INNOCENCE
Category: Criminal Procedure
WHAT IS THE MEANING OF THE RIGHT OF PRESUMPTION OF INNOCENCE?
> The right means that the presumption must be overcome by evidence of guilt beyond reasonable doubt
1. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused
2. Accusation is not synonymous to guilt—conviction should then be based on the strength of the evidence of the prosecution and not the weakness of the defense
WHAT IS THE RATIONALE FOR THE PRESUMPTION OF INNOCENCE?
> There ought to be a balance between the machineries of the State and the accused
WHAT ARE THE EXCEPTIONS TO THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE?
1. If there is a REASONABLE CONNECTION between the fact presumed and the fact ultimately proven from such fact. For example, an accountable public officer who fails to account for
funds or property that should be in his custody is presumed to be guilty of malversation of public funds; or that persons in possession of recently stolen goods are presumed guilty of the
offense in connection with the goods
2. In cases of SELF-DEFENSE, the person who invokes the self-defense is presumed guilty. The burden of proving the elements of self-defense is incumbent upon the accused.