Documente Academic
Documente Profesional
Documente Cultură
FACTS: In this certiorari proceeding, respondent Judge Mendoza of the Court of First Instance
of Cebu affirmed the decision of the lower court despite the fact that there was the
absence of an arraignment of petitioner Manuel Borja, who was accused of slight
physical injuries. Petitioner contends that the act of respondent is violative of his
constitutional right to procedural due process, more specifically of his right to be
informed of the nature and cause of the accusation against him and of his right to be
heard by himself and counsel.
ISSUE: WoN respondent Judge Mendoza correct in affirming the lower court
HELD: NO. The Constitution requires that the accused be arraigned so that he may be
informed as to why he was indicted and what penal offense he has to face, to be
convicted only on a showing that his guilt is shown beyond reasonable doubt with full
opportunity to disprove the evidence against him.