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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