Thursday, November 11, 2010

Case Digest on People vs. Donato

PEOPLE V. DONATO [198 S 130 (1991)] - The doctrine of waiver extends to the rights and privileges of any character, and since the word "waiver" covers any conceivable right, it is the general rule that a person may waive any matter which affects his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled whether secured by contract, conferred

with statute, or guaranteed by constitution, provided such rights and privi¬leges do not infringe on the rights of others, and further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public policy.
Rights guaranteed to one accused of a crime fall naturally into two classes: (a) Those in which the state, as well as the accused, is interested, and (b) those which are personal to the accused, which are in the nature of personal privileges. Those of the first class cannot be waived, those of the second may be. (Commonwealth v. Petrillo).
This Court has recognized waivers of constitutional rights such as the rights against unreason¬able searches and seizures, the right to counsel and to remain silent, and the right to be heard.
The right to bail is another of the constitutional rights which can be waived. It is a right personal to the accused and whose waiver would not be contrary to law, public order, morals or good customs, or prejudicial to a third person with a right recognized by law.



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