The right to counsel is a fundamental cornerstone of the legal system, ensuring fair treatment and safeguarding the rights of the accused throughout various stages of criminal proceedings. From custodial investigations to trial and even post-conviction, the extent and implications of this right are crucial aspects that significantly impact the outcome of a case.
What is the extent of the accused’s right to counsel?
The right covers the period beginning from custodial investigation, as well into the rendition of judgment, and even on appeal. Article Ill of the 1987 Constitution provides this right to an accused not only during trial but even before an information is filed.
What are the rights to counsel of a defendant before arraignment?
When a defendant appears without an attorney, the court must:
- Inform the defendant that it is his right to have an attorney;
- Ask him if he desires the aid of an attorney;
- Assign an attorney de officio, if he desires and is unable to employ an attorney; and
- Grant him a reasonable time, if he desires to procure an attorney of his own.
What are the rights to counsel of a defendant during trial?
As a general rule, the right to counsel during the criminal proceeding is not subject to waiver, except if the accused is allowed by the court to defend himself, subject to Section 34 of Rule 138 of the Rules of Court.
What does right to counsel entail?
The right to counsel must be more than just the presence of a lawyer in the courtroom or the mere propounding of standard questions and objections. The right assumes an active involvement by the lawyer in the proceedings, particularly at the trial of the case, his bearing constantly in mind of the basic rights of the accused, his being well-versed on the case, and his knowing the fundamental procedures, essential laws and existing jurisprudence. Tersely put, it means an efficient and truly decisive legal assistance and not a simple perfunctory representation.
How may a person exercise his right to counsel in a criminal prosecution?
In all criminal prosecutions, the accused shall enjoy the right to be heard by himself and counsel (CONST. Art. Ill, Sec. 14 (2)). An accused may exercise his right to counsel by electing to be represented either by a court-appointed lawyer or by one of his own choice.
How is a person’s right to counsel under custodial investigation different from one in a criminal prosecution?
In custodial investigation, a person has the right to have competent and independent counsel preferably of his own choice. In a criminal prosecution, the accused has the right to be heard by himself and counsel. The preference in the choice of counsel pertains more aptly and specifically to a person under investigation rather than one who is the accused in criminal prosecution.
Thus, while the right of the accused to be represented by counsel is immutable, his option to secure the services of counsel de parte, however, is NOT absolute.
Source:
The 1987 Philippine Constitution
Rules of Court
