BILL OF RIGHTS

Sec. 12-22
SEC. 12
(1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of the counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, violence, threat, intimidation or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado or other similar forms
of detention are prohibited.
(3) Any confession or admission obtained violation of this section 17 hereof shall be inadmissible
in evidence against him.
(4) The law shall provide for penal and civil sanctions for violation of this section as well as
compensation to the rehabilitation of the victims of torture or similar practices and their
families.
Rights of person under investigation
1. To be informed of his right to remain silent.
2. To have competent and independent counsel preferably of his own choice or to be provided
with one.
3. Against the use of torture, violence, threat, intimidation or any other means which vitiates the
free will.
4. Against being held in secret, incommunicado, or similar forms of solitary detention.
 Effect of violation of the rights
 When rights can be invoked.
 Waiver of right of remain silent and to counsel.
SEC. 13
(1) All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bail able sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall be impaired even
when the privilege of the writ of the habeas corpus is suspended. Excessive bail shall not be
inquired.

MEANING OF BAIL- is the security required by a court and given to the provisional or temporary
release of a person who is in the custody of the law condition upon his appearance before any court
as required under conditions specified.

Purpose and form of bail

1. The purpose of requiring bail is to relieve the accused from imprisonment until his conviction
and yet secure his appearance at the trial.
2. It may be in the form of cash deposit, property bond, bon secured from a surety company, or
recognizance.
SEC. 14
(1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused: provided that he has been duly notified
and his life failure to appear in unjustified.
SEC. 15
(1) The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
of rebellion, when the public safety requires it.
 Meaning of writ of habeas corpus
the writ of habeas corpus is a court order demanding that a public official (such as a warden)
deliver an imprisoned individual to the court and show a valid reason for that person's detention.

Purpose of the writ

The purpose of the writ is to inquire into all manner of involuntary restraint or detention as
distinguished from voluntary and to relieve a person there if such restraint is found illegal.

The writ is the proper remedy court to release each and every case of detention without legal
cause or authority. It’s principal purpose then is to set the individual liberty.

How writ operates

The writ is the order from the court requiring a person detaining another to show cause for the
detention, while the privilege of the writ is the further order from the court to release an individual
if it finds his detention without legal cause or authority.
This is how “ writ of habeas corpus” operates, to safeguard the liberty of a person.

Suspension of the privilege of the writ

The privilege of the writ of habeas corpus (not the writ itself) may be suspended by the
president (Art. VII, Sec 18)in case only of invasion or rebellion, when public safety require it.
Consequently, the person under detention by the government may not obtain his liberty by it’s use.
While the person detained must still be produced in court, the official or person detaining him
away may ask the court not to continue the proceeding any further as the privilege of the writ as to
that particular person seeking release has been suspended. Unlike cases where the privilege of the
writ is available and in full force and effect, the judge thus may be prevented in the event of
suspension from determining whether or not the detention is authorized by law. But the supreme
court is empowered to inquire, in an appropriate proceeding filed by any citizen, whether or not
there was factual basis to justify the suspension by the president of the privilege.
Writ of Amparo
The writ of habeas corpus is not to be confused with the writ of Amparo. Now, families of
victims of extrajudicial killings and enforced disappearances(or any qualified person or entity)can
invoke the writ when the right to life, liberty, or security of a person is violated or threatened with
violation by an unlawful act or omission of a public official or employee or of a private individual or
entity.
This special writ prohibits respondents(those required to answer or respond to the complaint
against them)from using the defense of simple denial.
They will have to produce documents or evidence to support claims that they did not violates
the right to life, liberty and security of the aggrieved party. Even before a petition for this writ is
resolved, the court may issue any of the following order to safeguard one’s right to life, liberty and
security: temporary protection order to secure the safety of the aggrieved party any member of the
immediate family: inspection order for the purpose of inspecting, measuring, surveying or
photographing property or operation thereof; production order requiring the production of
designated documents, papers, etc. and witness protection order for admission of witness to the
witness protection, security and benefit program.

SEC. 16
(1) All person shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Right to speedy disposition of cases
(1) The above provision upholds the time-honored tradition of speedy justice for as stated in the
old dictum-“justice delayed is justice denied” it express inclusion was in response to the
common charge against the perennial delay in the administration of justice which in the past has
plagued our judicial system.
(2) The right to a speedy disposition of cases can be invoked only after the termination of trial or
hearing case.
 (3) Under the present constitution, the supreme court, all lowers delegate courts and all other
lower courts are required to decide or resolve cases within a certain period of time.
(4) The provision contemplates the disposition of cases involving private interest not only before
judicial bodies, but also before quasi-judicial.
SEC. 17
Right against self-incrimination
No person shall be compelled to be witness against himself. This is a protection against self-
incrimination which may expose a person to a criminal liability. It is founded on grounds of:
(1) Public policy, because if the party is thus require to testify he would be placed under the
strongest temptation to commit the crime of perjury; and
(2) Humanity, because it prevents the extortion of confession by duress.
The constitutional guarantee protects as well the right of the accused to silence, and his silence,
meaning , his failure or refusal to testify may not be used as presumption of guilt or taken as
evidence against him.
Scope of guarantee
The right against self-incrimination applies incriminal cases as well as in civil, administrative, and
legislative proceeding where the fact asked for is a criminal one. It protects one whether he is a party or
a witness.

SEC. 18

(1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any exist except as a punishment for a crime whereof the
party shall have been convicted.

1. FREEDOM

 Section 18 (1), authored by Commissioner Jose Nolledo, comes from supervision of the French
Constitution which says "No man is to be interfered with because of his opinion, provided his
avowal of them does not disturb public order or establish law"

2. INVOLUNTARY SERVITUDE

 An interesting note of wounded dignity came to the surface during the debates on the
involuntary servitude at the constitutional connection of 1934. The proposed provision read:
"Involuntary servitude shall not exist in the Philippines except as punishment for crime where of
the patty shall have been duly convicted
 MEANING OF INVOLUNTARY SERVITUDE- A condition of enforce, compulsory service of one
another

SEC. 19

(1) Excessive fine shall be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crime, the
Congress hereafter provide for it. Any death penalty already imposed shall be reduced to reclusion
perpetual

(2) The employment of physical, psychological, or degrading punishment against any prisoner
of detainee or the use of substandard or inadequate penal facilities under subhuman condition shall
be dealt with by law.

Sec. 20

No person shall be imprisoned for debt or non- payment of a poll tax

1. Imprisonment for debt

 These constitutional provisions of the various states have been the result of many years of
gradual growth. They marked the change which had taken place from the days of feudal system
 and before, when a debtor who was unable to pay his debt was either be sent to prison or
becomes the personal slave of the creditor.
 Debt- as intended to be covered by the constitutional guarantee, means any liability to pay
money arising out of contract, express or implied

2. Non-payment of poll tax

 Closely related to imprisonment for debt is imprisonment for non-payment of poll tax.
 Poll taxes (cedula) - is a tax of a fixed amount impose on individuals residing within a specified
territory, whether citizens or not, without regard to their property of the occupation in which
they may be engaged.

Sec. 21

No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

 A person should not be punished twice for the same crime. However, a question comes
in when the person was acquitted for lack of evidence but, later, some incriminating
evidence was found. No matter how strong the evidence may be, it will be rendered
insignificant as the suspect holds the right against double jeopardy.

SEC. 22

No ex post facto law or bill of attainder shall be enacted.

1. “Ex post facto” laws

An ex post facto law has been defined as one

(a) Which makes an action done before the passing of the law and which was innocent
when done criminal, and punishes such action; or
(b) Which aggravates a crime or make it greater than when it was committed; or
(c) Which changes the punishment and inflicts a greater punishment than the law
annexed to the crime when it was committed;
(d) Which alters the legal rule of evidence and receives less or different testimony than
the law required at the time of the commission of their offense in order to convict
the defendant.

The definition of ex post facto laws formulated by Chief Justice Chase in early case of Calder v.
Bull. In re Kay Villegas Kami adds two other characterization to the original list: (e) assumes to regulate
civil rights and remedies only but in effect of opposes a penalty of deprivation of the rights which when
done was lawful; (f) deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal or proclamation of amnesty

Bill of attainder – is a legislative act which inflicts punishment without judicial trial. If the
punishment be less than death, the act is termed a bill of pains and penalties.” (Cummings v. Missouri)