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RIGHT TO SPEEDY, PUBLIC AND IMPARTIAL TRIAL

HOW SHOULD THE TRIAL BE CONDUCTED?

> The trial should be speedy, public and impartial

WHAT IS THE MEANING OF THE RIGHT TO SPEEDY TRIAL?

> The right means that the trial should be conducted according to the law of criminal procedure and the rules and regulations and it should be free from vexatious, capricious and oppressive delays

WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL BE HELD?

> According to the Speedy Trial Act of 1988, and Circular 38-98, if the accused pleads not guilty, arraignment and pre-trial should be held within 30 days from the time the court acquires jurisdiction
over the accused

WITHIN HOW MANY DAYS SHOULD THE TRIAL BE COMPLETED?

> In no case shall the entire period exceed 180 days from the first day of trial, except as otherwise authorized by the Court Administrator

WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION OF HIS CASE? (ACCORDING TO CORPUZ V. SANDIGANBAYAN)

1.    Length of delay
2.    Reason for the delay
3.    The defendant’s assertion of his right
4.    Prejudice to the defendant

WHAT ARE THE REMEDIES AVAILABLE TO THE ACCUSED WHOSE RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED?

1.    Motion to dismiss on the ground of violation of right to speedy trial—must be filed before trial.    This has the same effect as an acquittal for purposes of double jeopardy.
2.    File for mandamus to compel a dismissal of the information
3.    If he is restrained of his liberty, file for habeas corpus
4.    Ask for the trial of the case and move to dismiss

WHAT IS THE LIMITATION ON THE RIGHT OF THE ACCUSED TO A SPEEDY TRIAL?

> The limitation is that the State shouldn't be deprived of its day in court
> The right of the State and the prosecution to due process should be respected

THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE FIRST HEARING. THE COURT POSTPONES THE HEARING TO ANOTHER DATE. IS THERE A VIOLATION TO THE RIGHT TO SPEEDY TRIAL?

> No, the right to speedy trial is violated when there are unjustified postponements of the trial and a long period of time is allowed to elapse without the case being tried for no unjustifiable reason

NOTA BENE: Corollary to the right to speedy trial is the right to speedy disposition of cases.

WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL?

> It means that anyone interested in observing the manner that a judge conducts the proceedings in his courtroom may do so

WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC?

> The trial should be public in order to prevent abuses that may be committed by the court to the prejudice of the defendant
> Moreover the accused is entitled to the moral support of his friends and relatives

IS THERE AN EXCEPTION TO THE REQUIREMENT OF PUBLICITY?

> Yes, the court may bar the public in certain cases, such as when the evidence to be presented may be offensive to decency or public morals, or in rape cases, where the purpose of some
persons in attending is merely to ogle at the parties

IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE JUDGE?

> Yes, there is no violation of the right to a public trial since the public isn’t excluded from attending the trial

IN SO-CALLED TRIALS BY PUBLICITY, WHEN CAN THE PUBLICITY BE CONSIDERED PREJUDICIAL TO THE ACCUSED?

> To warrant a finding of prejudicial publicity, there must be allegations and proof that the judges have been unduly influenced, not simply that they might be by the barrage of
publicity