ABSTRACT

Presumption of innocence is one of the protected rights of the

accused as mandated by the Philippine Constitution. In addition, in
1992, RA 7438 or “An Act Defining Certain Rights Of Person
Arrested, Detained Or Under Custodial Investigation As Well As The
Duties Of The Arresting, Detaining And Investigating Officers, And
Providing Penalties For Violations Thereof” was enacted to extend the
rights to the person arrested, detained or under custodial
investigation. As the modern technology progressed, more people,
particularly those who have no real interest, become more
engrossed with certain cases, not relating to national interest,
released on social media. The identities of the suspects imputed in
criminal cases are being subjected of various insignificant
discussions to the extent of besmirching their reputation.
Significantly, presumption of innocence could only be adduced
before the Court on a case already filed against them. Despite the
mandate of the Constitution and statute, the rights over the
persons of the persons arrested, detained or under custodial
investigation are not thoroughly protected since it is permissible to
everyone to scandalize the information about those persons of
interest. One problem here is that, the person who expressed his
opinion has protected rights – freedom of speech, but to the
prejudiced of the persons arrested, detained or under custodial
investigation. It is suggested that persons arrested, detained or
under custodial investigation shall also be entitled to presumption
of innocence not only before the Court but also on online platforms.