Presumed innocent

Published by rudy Date posted on December 8, 2009

The Constitution says that “the accused shall be presumed innocent until the contrary is proved” (Art. III of Section 14(2). This is a time honored principle recognized in every civilized, fair and just society. It is a recognition of the inherent goodness in every man.

But our laws also realize that despite such inherent goodness in every man, society is still beset with so many evils and wrongdoings that can only be attributed to man himself, hence the presumption of innocence is not conclusive, but may be disproved. This is the reason for the subsequent phrase “until the contrary is proved.”

Since innocence is presumed, the initial burden is upon the prosecution or accuser to show that a person is not innocent, that he is beyond reasonable doubt. Failing this, a person remains innocent and the presumption stays. A concrete example of this constitutional doctrine happened in one recent case, involving an employer and employee.

Cardo, the employee is a member of the labor union organized within the employer corporation. At the height of a strike declared by the union, Cardo was implicated in a mauling and stoning incident. Consequently, he was charged with the offense of slight physical injuries and was suspended during the pendency of the case. Thereafter, the company and the union entered into a “return to work”, agreement providing, among others, that employees charged and suspended may be reinstated to their respective jobs if they are found innocent.

In the meantime, the charge against Cardo was dismissed for failure of the witnesses for the prosecution to appear, Cardo thus asked the company to reinstate him because of the dismissal of the charge. The company, on the other hand, refused to reinstate Cardo contending that the dismissal of the charge was only because of failure to prosecute and not because Cardo was found innocent by the Court. Is the company correct?

No. Since the criminal case was dismissed, the constitutional presumption of innocence in favor of Cardo should be applied. Cardo need not prove that he is innocent. The burden is on the prosecution to show that he is guilty. Since the prosecution failed to present any witnesses, Cardo is still presumed innocent. The argument that there must be express finding of innocence by the trial court as required by the return to work agreement to entitle Cardo to reinstatement and back wages is incompatible with the Constitutional presumption of innocence and the constitutional provision on protection of labor. Cardo should be reinstated with back wages.

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445. –Jose C. Sison (The Philippine Star)

E-mail at: jcson@pldtdsl.net

Nov 16 – International Day for Tolerance

“No more toleration of corruption!”

Invoke Article 33 of the ILO Constitution
against the military junta in Myanmar
to carry out the 2021 ILO Commission of Inquiry recommendations
against serious violations of
Forced Labour and Freedom of Association protocols.

Accept National Unity Government (NUG)
of Myanmar.  Reject Military!

#WearMask #WashHands
#Report Corruption #SearchPosts #TakePicturesVideos

Time to support & empower survivors. Time to spark a global conversation. Time for #GenerationEquality to #orangetheworld!

November


Nov 2 – Intl Day to End Impunity for
Crimes Against Journalists

Nov 9 – World Science Day for Peace
and Development

Nov 16 – International Day for Tolerance

Nov 19 – World Toilet Day

Nov 20 – World Children’s Day

Nov 25 – Intl Day for the Elimination of
Violence Against Women

 

Monthly Observances:


Homes Safety Month

Filipino Values Month
National Rice Awareness Month
National Consciousness Month
for Punctuality and Civility

Environmental Awareness Month
National Children’s Month
Organic Agriculture Month 

 

Weekly Observances:

Nov 19-25: Global Warming and
Climate Change Consciousness Week 

Nov 23-29: National Girls’ Week
Population and Development Week

Nov 25 – Dec 12: Social Welfare Week 18-Day Campaign to End
Violence against Women 

Week 2: Week 3: Drug Abuse Prevention
and Control Week 

Last Week: Safety and Accident
Prevention Week


Daily Observances:

Last Saturday: Career Executive Service
Day 
Nov 19: National Child Health Day

Categories

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.