Philippine Bar review · Question

Practice question: Due Process

Multiple Choice Easy

Practice question

What is the accused’s constitutional status in a criminal prosecution before guilt is established under the required standard?
  1. Automatically guilty upon filing
  2. Guilty unless personally disproving every rumor
  3. Presumed innocent until the contrary is proved
  4. Subject to conviction solely by a police preference
  5. Without any right to know the charge

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.

Answer this question in flashcards to review your response and continue practicing.