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ARTICLE III (2) Any evidence obtained in violation of this or the

preceding section shall be inadmissible for any


BILL OF RIGHTS
purpose in any proceeding.
Section 1. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any
person be denied the equal protection of the laws. Section 12. (1) Any person under investigation for
the commission of an offense shall have the right to
Section 2. The right of the people to be secure in be informed of his right to remain silent and to have
their persons, houses, papers, and effects against competent and independent counsel preferably of his
unreasonable searches and seizures of whatever own choice. If the person cannot afford the services
nature and for any purpose shall be inviolable, and of counsel, he must be provided with one. These
no search warrant or warrant of arrest shall issue rights cannot be waived except in writing and in the
except upon probable cause to be determined presence of counsel.
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses (2) No torture, force, violence, threat, intimidation, or
he may produce, and particularly describing the any other means which vitiate the free will shall be
place to be searched and the persons or things to be used against him. Secret detention places, solitary,
seized. incommunicado, or other similar forms of detention
are prohibited.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon (3) Any confession or admission obtained in violation
lawful order of the court, or when public safety or of this or Section 17 hereof shall be inadmissible in
order requires otherwise, as prescribed by law. evidence against him.

(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation Section 21. No person shall be twice put in jeopardy
to and rehabilitation of victims of torture or similar of punishment for the same offense. If an act is
practices, and their families. punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another
Section 14. (1) No person shall be held to answer for prosecution for the same act.
a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be RULE 113 - ARREST
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and Section 1. Definition of arrest. Arrest is the taking
counsel, to be informed of the nature and cause of of a person into custody in order that he may be
the accusation against him, to have a speedy, bound to answer for the commission of an offense.
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure Sec. 2. Arrest; how made. An arrest is made by
the attendance of witnesses and the production of an actual restraint of a person to be arrested, or by
evidence in his behalf. However, after arraignment, his submission to the custody of the person making
trial may proceed notwithstanding the absence of the the arrest.
accused provided that he has been duly notified and
his failure to appear is unjustifiable. No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be
Section 16. All persons shall have the right to a subject to a greater restraint than is necessary for his
speedy disposition of their cases before all judicial, detention.
quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a


witness against himself.
Sec. 3. Duty of arresting officer. It shall be the duty personal knowledge of facts or circumstances
of the officer executing the warrant to arrest the that the person to be arrested has committed
accused and deliver him to the nearest police station it; and
or jail without unnecessary delay.
(c) When the person to be arrested is a
Sec. 4. Execution of warrant. The head of the office prisoner who has escaped from a penal
to whom the warrant of arrest was delivered for establishment or place where he is serving
execution shall cause the warrant to be executed final judgment or is temporarily confined while
within ten (10) days from its receipt. Within ten (10) his case is pending, or has escaped while
days after the expiration of the period, the officer to being transferred from one confinement to
whom it was assigned for execution shall make a another.
report to the judge who issued the warrant. In case of
his failure to execute the warrant, he shall state the In cases falling under paragraphs (a) and (b)
reason therefore. above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail
Sec. 5. Arrest without warrant; when lawful. A and shall be proceeded against in accordance with
peace officer or a private person may, without a section 7 of Rule 112.
warrant, arrest a person:
Sec. 7. Method of arrest by officer by virtue of
(a) When, in his presence, the person to be warrant. When making an arrest by virtue of a
arrested has committed, is actually committing, warrant, the officer shall inform the person to be
or is attempting to commit an offense; arrested of the cause of the arrest and the fact that a
warrant has been issued for his arrest, except when
(b) When an offense has just been committed and he flees or forcibly resists before the officer has
he has probable cause to believe based on opportunity to so inform him, or when the giving of
such information will imperil the arrest. The officer
need not have the warrant in his possession at the Sec. 13. Arrest after escape or rescue. If a person
time of the arrest but after the arrest, if the person lawfully arrested escapes or is rescued, any person
arrested so requires, the warrant shall be shown to may immediately pursue or retake him without a
him as soon as practicable. warrant at any time and in any place within the
Philippines.
Sec. 8. Method of arrest by officer without warrant. RULE 126 - SEARCH AND SEIZURE
When making an arrest without a warrant, the officer
shall inform the person to be arrested of his authority Section 1.Search warrant defined. A search
and the cause of the arrest, unless the latter is either warrant is an order in writing issued in the name of
engaged in the commission of an offense, is pursued the People of the Philippines, signed by a judge and
immediately after its commission, has escaped, flees, directed to a peace officer, commanding him to
or forcibly resists before the officer has opportunity to search for personal property described therein and
so inform him, or when the giving of such information bring it before the court.
will imperil the arrest.
Sec. 3. Personal property to be seized. A search
Sec. 9. Method of arrest by private person. When warrant may be issued for the search and seizure of
making an arrest, a private person shall inform the personal property:
person to be arrested of the intention to arrest him
and the case of the arrest, unless the latter is either (a) Subject of the offense;
engaged in the commission of an offense, is pursued (b) Stolen or embezzled and other proceeds, or
immediately after its commission, or has escaped, fruits of the offense; or
flees, or forcibly resists before the person making the (c) Used or intended to be used as the means
arrest has opportunity to so inform him, or when the of committing an offense.
giving of such information will imperil the arrest.
Sec. 4. Requisites for issuing search warrant. A
search warrant shall not issue except upon probable Sec. 11. Receipt for the property seized. The
cause in connection with one specific offense to be officer seizing the property under the warrant must
determined personally by the judge after examination give a detailed receipt for the same to the lawful
under oath or affirmation of the complainant and the occupant of the premises in whose presence the
witness he may produce, and particularly describing search and seizure were made, or in the absence of
the place to be searched and the things to be seized such occupant, must, in the presence of at least two
which may be anywhere in the Philippines. witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in
Sec. 5. Examination of complainant; record. The which he found the seized property.
judge must, before issuing the warrant, personally
examine in the form of searching questions and Sec. 13. Search incident to lawful arrest. A
answers, in writing and under oath, the complainant person lawfully arrested may be searched for
and the witnesses he may produce on facts dangerous weapons or anything which may have
personally known to them and attach to the record been used or constitute proof in the commission of
their sworn statements, together with the affidavits an offense without a search warrant.
submitted.

Sec. 8. Search of house, room, or premises to be


made in presence of two witnesses. No search of a
house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof
or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion
residing in the same locality.