[The Philippines: Past and Present (vol. 1 of 2) by Dean C. Worcester]@TWC D-Link bookThe Philippines: Past and Present (vol. 1 of 2) CHAPTER XV 10/12
A man was prosecuted without being notified of the charges against him, and he was only made aware of the case against him after the _sumario_.
When all of the evidence of the prosecution had been taken the accused was heard in his own defence.
He was compelled to testify, and was subjected to a very inquisitorial examination, including questions which incriminated him.
Although he had the right to compel witnesses for the prosecution to ratify over their signatures the evidence against him given during the _sumario_, as the defence of the majority of the accused was in the hands of attorneys _de officio_ they nearly always renounced this privilege of the defendant, and, as has already been said, bail was not admitted in any grave offence during the trial. No sentence of acquittal in a criminal case can now be appealed from by the government.
Under the Spanish system sentences of acquittal of courts of first instance had to be referred for review to the proper _audiencia_ and the fiscal of the latter could appeal from a sentence of acquittal by it. The Philippine Bill grants to the inhabitants of the islands other important individual rights which they did not formerly possess. The Spanish constitution was not in force here, and although the Penal Code contained provisions for punishing, in a way, officials who violated certain rights granted by the Spanish constitution, citizens had no expeditious method of securing their punishment.
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