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[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
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Tuesday, September 5, 2017
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“AN EYE for an eye and a tooth for a tooth. That’s the basic law of a jungle.” Do you agree?
The President has expressed his disdain towards France as he defended his controversial war on drugs that has claimed thousands of lives.
Last week, President Duterte claimed “a person is guilty until proven innocent” under French laws. Additionally, he claimed a person there may be detained almost indefinitely. Retribution per se.
He made these remarks in response to the statement of French national Agnes Callamard, also the special rapporteur for human rights of the United Nations.
Aggrieved, the French Embassy released a statement stressing that Paris upholds the presumption of innocence until proven guilty, which is at the core of French judicial system. It added that Paris strongly believes in the importance of the rule of law, due process and respect for all human rights in all countries.
Malacañang thereafter clarified that the Philippines and France share the same values of respect for human rights and due process. Thus, both countries uphold the principle of presumption of innocence.
What does it mean when we say “innocent until proven guilty” under Philippine laws?
Presumption of innocence is a right guaranteed by the 1987 Constitution. Article III, Section 14 (2) states that in all criminal prosecutions, the accused is presumed innocent until proven guilty beyond reasonable doubt. Guilt beyond reasonable doubt means there is moral certainty as to the guilt of the accused.
This right is also embodied under Section 2, Rule 133 of the Rules of Court which states that “in a criminal case, the accused is entitled to an acquittal, unless his guilt is proved beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainty. Only moral certainty is required, or that degree of proof which produces conviction in an unprejudiced mind.”
There are also exceptions to this. First, if there is a reasonable connection between the fact presumed and the fact ultimately proven from such fact. Second, in cases of self-defense. Of course, the burden proving the elements of self-defense is incumbent upon the accused.
It may be correct to say “an eye for an eye and a tooth for a tooth.” However, the law or punishment should not exceed the injury.
And just a reminder, accusation is not synonymous to guilt. Conviction should always be based on the strength of the evidence of the prosecution and not the weakness of the defense.
Whatever the President has said, everyone charged with an offense has the right to be presumed innocent until proven guilty according to laws in a public trial at which he has all the guarantees and right necessary for his defense.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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