RIGHT TO BE PRESENT IN TRIAL
WHAT ARE THE REQUISITES OF A VALID TRIAL IN ABSENTIA?
1. The accused has been already arraigned
2. He has been duly notified of the trial
3. He fails to appear at the trial but his non-appearance at the trial is unjustifiable
CAN THE RIGHT TO BE PRESENT BE WAIVED?
> Yes, except in the following situations where the presence of the accused at the trial is required
1. During arraignment
2. During promulgation of judgment, except if it is for a light offense
3. When the presence of the accused at the trial is required for purposes of identification, unless he admits beforehand that he is the same person charged