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Rights of the Accuseo Rights of the Accuseo

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[1 Any person unoer investigation for the commission of an offense
shall have the right to be informeo of his right to remain silent ano
to have competent ano inoepenoent counsel preferably of his
own choice. lf the person cannot afforo the service of counsel, he
must be provioeo with one.
[2 No torture, force, violence, threat, intimioation, or any other
means which vitiate the free will shall be useo against him. Secret
oetention places, solitary, incommunicaoo, or other similar forms
of oetention are prohibiteo.
[3 Any confession or aomission obtaineo in violation of this or
Section 17 hereof shall be inaomissible in evioence against him.
[4 1he law shall provioe for penal ano civil sanctions for violations of
this section as well as compensation to ano rehabilitation of
victims of torture or similar practices, ano families.
unoer investigation unoer investigation
W Vhen a particular suspect is taken in custooy by the
police who carry out the process of investigation ano
interrogation.
W 1he authorities must ensure that the accuseo who has
alreaoy been arresteo or oetaineo [with or without
warranteo shall be protecteo of his rights.
W 1he right of silence ano to counsel can only be waiveo if
it is expresseo in writing ano in the presence of counsel.
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All persons, except those chargeo with punishable by reclusion
perpetua when evioence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be releaseo on
recognizance as may be provioeo by law. 1he right to bail shall
not be impaireo even when the privilege of the writ of habeas
corpus is suspenoeo. Lxcessive bail shall not be requireo.
bail bail
W 1o relieve an accuseo from imprisonment until his conviction
ano yet secure his appearance at the trial.
W 1he right to bail is granteo because in all criminal
prosecutions, the accuseo is presumeo innocent
W May be in the form of cash oeposit, property bono, secureo
from a surety company, or recognizance.
W A person in hioing or at large cannot invoke this right.
W Not available to persons charges with capital offense,
especially if the evioence against him is strong
W No bail shall be alloweo after the juogement has become
final, or after the accuseo has commenceo to serve his
sentence
W Lxcept on capital offense, right to bail can still be practice
even if the writ of habeas corpus is suspenoeo.
onsioerations on oetermining the bail onsioerations on oetermining the bail
W Nature of the offense
W Penalty which the law attacheo to it
W 1he probability of the guilt
W Financial conoition of the accuseo
Unoer the oiscretion of the juoge
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[1 No person shall be helo to answer for a criminal offense
without oue process of law.
[2 ln all criminal prosecutions, the accuseo shall be presumeo
innocent until the contrary is proveo, ano shall enjoy the right
to be hearo by himself ano counsel, to be informeo of the
nature ano cause of the accusation against him, to have a
speeoy, impartial, ano public trial, to meet the witness face to
face, ano to have compulsory process to secure the attenoance
of witness ano the proouction of evioence in his behalf.
However, after arraignment, trial may proceeo
notwithstanoing the absence of the accuseo provioeo that he
has been ouly notifieo ano his failure to appear is unjustifiable.
Right to oue process of the accuseo Right to oue process of the accuseo
W 1rial before a court having jurisoiction
W Provision of fair ano impartial trial
W Provision of all legal means ano opportunity to oefeno
himself
W 1he juogment awaroeo against him must be within the
authority of a valio law
Presumption of innocence Presumption of innocence
W No person shall be convicteo of a crime except upon
confession or unless his guilt is establisheo by proof beyono
reasonable ooubt
W Lvioence[s must be strong enough to convince the court that
the accuseo is clearly ano unmistakably guilty, not because he
cannot prove that he is innocent, but because the evioence[s
proveo that the accuseo is guilty without reasonable ooubt
W lt is better to acquit a person upon the grouno of reasonable
ooubt even though he may in reality be guilty, than to inflict
imprisonment on one who may be innocent
W 1he State is only requireo to establish a prima facie case after
which the accuseo is given an opportunity to present
evioence to rebut it
Right to be hearo by himself ano counsel Right to be hearo by himself ano counsel
W 1he oefenoant shall be entitleo to be present ano oefeno
in person at every stage of the proceeoings, from the
arraignment to the promulgation of juogment
W 1he accuseo must personally enter his plea
W After a plea of not guilty, the accuseo is entitleo to 2 oays
to prepare for trial unless the court for gooo cause grants
him further time
W Before arraignment, the court shall inform the accuseo
of his right to counsel ano provioe him one if he wishes
to
W A hearing is inoispensable even if the guilt of the
oefenoant is very apparent
Right to counsel Right to counsel
W 1o avoio instances wherein the accuseo has been
convicteo not because he is guilty but because he ooes
not know how to establish his innocence
Right to be informeo of the nature ano Right to be informeo of the nature ano
cause of accusations against him cause of accusations against him
W 1o criminal complaint or information shoulo be
sufficiently clear to a person of oroinary intelligence as to
what the charge is as to enable him to prepare for his
oefense
W 1here is a violation of the right where an accuseo has
been chargeo with an offense ano convicteo of another,
or where no arraignment of the accuseo has taken place
Right to have a Right to have a speeoy speeoy, impartial ano public , impartial ano public
trial trial
W A trial conoucteo accoroing to fixeo rules, regulations,
ano proceeoings of law free from vexatious, capricious
ano oppressive oelays
W A long oelay in the juoicial process serves as a refuge of
the accuseo if he is guilty ano a continuing injustice for
him if he is innocent
Right to have a speeoy, Right to have a speeoy, impartial impartial ano public ano public
trial trial
W No man can be a juoge of his own case ano no man is
permitteo to try cases where he has an interest in the
outcome
W Lvery proceoure which woulo offer even only a possible
temptation to the juoge to forget the buroen of proof
requireo to convict the oefenoant, oenies to latter oue
process of law
Right to have a speeoy, impartial ano Right to have a speeoy, impartial ano public public
trial trial
W lt is open to all [i.e., the accuseo frienos ano relatives ano
others who may be inclineo to watch the proceeoings in
oroer to see if justice is intelligently ano impartially if
aoministereo
W However, there may be occasions to excluoe from a trial
those who are inclineo to atteno from iole or morbio
curiosity only, especially when public morals ano
oecency requireo it
Right to confrontation of witnesses Right to confrontation of witnesses
W 1o give the accuseo an opportunity to cross-examine
witness against him to test their recollection ano veracity
W 1o give the juoge an opportunity to see the oemeanour
ano appearance of witnesses while testifying, in aio of
the juoges trial of facts
Right to compulsory proouction of witnesses Right to compulsory proouction of witnesses
ano evioence ano evioence
W Subpoenas are offereo to compel the attenoance of
witnesses in his favor, incluoing warrant of arrest, if
neeoeo
W 1he accuseo must provioe reasonable ano oiligent effort
to have the witnesses appear ano testify
W 1he accuseo can also ask the court to oroer a person to
proouce in court certain evioences ano testify with
respect to them
W 1he accuseo has also the right to inspect evioences that
might be presenteo to prove his guilty, provioeo that it is
unoer the supervision of the law-investigating authority
1rial in the absence of the accuseo, provioeo 1rial in the absence of the accuseo, provioeo
that. that.
W He has been arraigneo
W He has been ouly notifieo of the trial
W His failure to appear is unjustifiable
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1he privilege of the writ of habeas corpus shall not be
suspenoeo except in cases of invasion or rebellion when the
public safety requires it.
Vrit of habeas corpus Vrit of habeas corpus
W An oroer issueo by a court of competent jurisoiction,
oirecteo to the person oetaineo another.
1. commanoing him to proouce the booy of the prisoner at a
oesignateo time ano place, ano
2. to show sufficient cause for holoing in custooy the inoivioual so
oetaineo.
W 1he writ is the proper remeoy of the accuseo in each ano
every case of oetention without legal cause or authority
W 1he privilege of the writ is the further oroer from the
court to release an inoivioual if it finos his oetention
without legal cause or authority
Suspension of the writ of habeas corpus Suspension of the writ of habeas corpus
W 1he oetaineo person can still be presenteo in court, but
the official who oetaineo him may ask the court not to
continue the proceeoings. 1hus, the juoge may be
preventeo to oetermine whether or not the persons
oetention is authorizeo by law
W an only be oone in case of invasion, rebellion or when
public safety requires it
W Suspension is oone to holo in preventive imprisonment
penoing investigation ano trial of persons who plot
against or commit acts that enoanger its very existence
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All persons shall have the right to a speeoy oisposition of their
cases before all juoicial, quasi-juoicial, or aoministrative booies.
Right to a speeoy oisposition of cases Right to a speeoy oisposition of cases
W Vhile Section 14 guarantees the right to speeoy trial in
criminal cases, Section 16 covers all phases of any case
before juoicial, quasi-juoicial, or aoministrative booies
from its filing to its oisposition
W All courts [incluoing booes as NLR ano SL have
appropriate time frames in the oisposition of cases,
which is baseo on the last pleaoing submitteo
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No person shall be compelleo to be a witness against himself.
Rationale Rationale
W A person woulo be tempteo to commit perjury to oefeno
himself
W Prevents extortion of confession by ouress
W An accuseo has also the right to silence, implying that his
refusal to testify may not be useo as a presumption of
guilt or taken as evioence against him
onoitionalities onoitionalities
W Purely personal ano cannot be oone by a thiro person
W Only in cases of.
testimonial compulsion [i.e., if a person has to aomit guilt against
his will
proouction of evioence that will compel him to make a
statement against him
involuntary affixing of signature
W Does not apply.
to protect a person from presenting facts that may expose him of
public rioicule or oisgrace
lf the testimony may subject a person to a liability that ooes not
arise from any criminal action
1o protect a person from a past criminality, or if the crime has
alreaoy been prescribeo
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[1 No person shall be oetaineo solely by reason of his political
beliefs ano aspirations.
[2 No involuntary servituoe in any form shall exist except as a
punishment for a crime whereof the party shall have been ouly
convicteo.
Right against oetention solely be reason of Right against oetention solely be reason of
political beliefs ano aspirations political beliefs ano aspirations
W People can freely speak of what they think is wrong with
the government ano its leaoers, or seek changes to the
government ano its policies which they believe to be
necessary or the removal of public officials unworthy of
their trust
Right against involuntary servituoe Right against involuntary servituoe
W Protection against slavery ano peonage
W Lxceptions.
Vhen it is imposeo as a punishment of a crime where the person
has been ouly convicteo
Vhen personal military or civil service so requires
1o injunctions requiring striking of laborers to return to work
Military ano naval enlistment
Vhen parents of their authority require their chiloren to perform
reasonable amount of work
Vhen there is a proper exercise of police power
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[1 Lxcessive fines shall not be impaireo, nor cruel, oegraoing or
inhuman punishment inflicteo. Neither shall oeath penalty be
imposeo, unless, for compelling reasons involving heinous
crimes, the ongress hereafter provioes for it. Any oeath
penalty alreaoy imposeo shall be reouceo to reclusion
perpetua.
[2 1he employment of physical, psychological, or oegraoing
punishment against any prisoner or oetainee or the use of
substanoaro or inaoequate penal facilities unoer subhuman
conoitions shall be oealt with by law.
Right against cruel, oegraoing or inhuman Right against cruel, oegraoing or inhuman
punishments punishments
W lncluoes punishments that involve torture of lingering
oeath ano subhuman penal facilities
W Lxcluoes oeath by hanging ano electrocution ano
banishment
W Punishment is oegraoing when it brings shame ano
humiliation to the victim or exposes him of public
rioicule, or lowers his human oignity
W Cravity of punishment must correlate to the gravity of
the offense
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No person shall be imprisoneo for oebt or non-
payment of tax
Debt ano poll tax Debt ano poll tax
W Debt refers to civil or contractual oebt or one not arising
from a criminal offense. A person may be imprisoneo for
failure to pay tax as it is not a oebt.
W Poll tax refers to a tax of fixeo amount imposeo on
inoiviouals resioing within a specifieo territory, whether
citizens or not, without regaro to their property or the
occupation in which they may be engageo [i.e.,
community tax
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No person shall be twice put in jeoparoy of
punishment for the same offense. lf an act is
punisheo by law ano an oroinance, conviction or
acquittal unoer either shall constitute a bar to
another prosecution of the same act.
Double Jeoparoy Double Jeoparoy
W Vhen the person is chargeo with an offense ano the
case is terminateo either by acquittal or conviction or in
any other manner without the express consent of the
accuseo, the latter cannot again be chargeo with the
same or ioentical offense.
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No ex post facto law or bill of attainoer shall be
enacteo.
Lx post facto law Lx post facto law
W Deprives a persons protection or oefense previously
available
W Operates retroactively
Before passage of the law, the person is innocent,
afterwaros, the person is guilty
Aggravates a crime or makes it greater than when it is
committeo
hanges the punishment ano inflicts greater punishment
what the law annexeo to the crime
Alters the legal rules of evioence
Bill of Attainoer Bill of Attainoer
W Legislative act which inflicts punishment without oue trial
W lncluoes trial by legislature
"UlZ "UlZ
Vhich violates the right against oouble Vhich violates the right against oouble
jeoparoy clause? jeoparoy clause?
W A person was chargeo with muroer ano was eventually
proven not guilty. On his way home, he orove a car ano
accioentally hit a peoestrian who eventually oieo. He
was immeoiately arresteo ano helo unoer custooy.
W A person trespasseo a house, rapeo the owner of the
house, stabbeo her to oeath, robbeo her properties, then
burneo her house oown. He was being chargeo with
multiple crimes at the same case.
W A person burneo his garbage in an open flame. He was
chargeo in violation of a city oroinance ano the clean air
act. Both law stipulates the prohibition of such action.