Thursday, September 18, 2014

JUSTICE PERALTA:

     Instances when presence of accused is required by law: Section 14(2), Article III of the Constitution, authorizing trials in absentia, allows the accused to be absent at the trial but not at certain stages of the proceedings, to wit: (a) at arraignment and plea, whether of innocence or of guilt; (b) during trial, whenever necessary for identification purposes; and (c) at the promulgation of sentence, unless it is for a light offense, in which case, the accused may appear by counsel or representative. At such stages of the proceedings, his presence is required and cannot be waived (PEOPLE vs. DE GRANO, 2009, Peralta, J.).

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