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complainant's aforementioned affidavit which she expressly affirmed and confirmed in Court, but,
instead, thru their respective lawyers, they rested and submitted.
The SC ruled that Savellano should inhibit himself from further deciding on the case due to
animosity between him and the parties. There is no showing that Alonte waived his right. The standard
of waiver requires that it not only must be voluntary, but must be knowing, intelligent, and done with
sufficient awareness of the relevant circumstances and likely consequences. Mere silence of the holder
of the right should not be so construed as a waiver of right, and the courts must indulge every
reasonable.
NOTES:
Due process in criminal proceedings (a) that the court or tribunal trying the case is properly
clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully
acquired by it over the person of the accused; (c) that the accused is given an opportunity to be heard;
and (d) that judgment is rendered only upon lawful hearing.
Section 3, Rule 119, of the Rules of Court Sec. 3. Order of trial. The trial shall proceed in the
following order: (a) The prosecution shall present evidence to prove the charge and, in the proper case,
the civil liability.(b) The accused may present evidence to prove his defense, and damages, if any,
arising from the issuance of any provisional remedy in the case. (c) The parties may then respectively
present rebutting evidence only, unless the court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.(d) Upon admission of the evidence, the case shall be
deemed submitted for decision unless the court directs the parties to argue orally or to submit
memoranda. (e) However, when the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified accordingly.