Practice question
A statute allows conviction solely on an accusation certificate and expressly denies the accused any opportunity to contest the accusation or present a defense. Which is correct?
- A legitimate crime-control objective automatically cures the denial
- The legislature may remove every hearing opportunity for convenience
- The denial raises criminal due-process and presumption-of-innocence violations
- The certificate is necessarily identical to proof beyond reasonable doubt
- The accused’s rights depend solely on official goodwill
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article III sections1 and14: due process, fair accusation, hearing and presumption of innocence.
- https://lawphil.net/judjuris/juri2001/nov2001/gr_148560_2001.html — Estrada v. Sandiganbayan, G.R. 148560, November 19, 2001, main decision: fair notice, objective standards and vagueness; not relied upon for historical death-penalty provisions.
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