Professional Documents
Culture Documents
Sec 13
• Regulation of evidence collection
• Protection from unjustified restraint
• Right to pre-trial release
All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
securities, or be released on recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.
Sec 14
• Regulation of evidence collection
1. No person shall be held to answer for a criminal offense without due process of law.
What is DUE PROCESS OF LAW - a case is filed, undergone proper trial, and convicted with
proof beyond reasonable doubt.
• Guarantee of due process
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 a
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 failure to appear is unjustifiable (trial in absencia).
Presumption of innocence:
1. The right to be heard by himself and counsel.
2. The right to be informed of the nature and cause of the accusation against him.
3. The right to have a Speedy, Impartial, and Public trial. (SIP)
Speedy - in criminal cases
Impartial - the judge shall not be biased
*Kinds of Subpoena - in drug cases, forensic examination; in murder cases, medical report.
*Bungo ng tao covered by search warrant
• Right to examine evidence/witnesses
• Right to fair trial
• Presumption of innocence in trials
• Right to public trial
• Right to speedy trial
Sec 15
• Protection from unjustified restraint
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Relatable to the right to bail
Sec 16
• Right to speedy trial
All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Relatable Sec 14, par. 2 - the right to a speedy disposition of cases is limited to criminal
prosecutions.
Sec 17
• Protection from self-incrimination
No person shall be compelled to be a witness against himself.
Right of MOCHA/ Right against self-incrimination
Sec 18
1. No person shall be detained solely by reason of his political beliefs and
aspirations.
Every case must rise and fall on the merits.
2. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
There is no slavery in the Philippines.
• Prohibition of slavery
Sec 19
• Prohibition of cruel treatment
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
*in Africa, there is death stoning
*Japan and Korea, electric chair
*2 states in America (Texas), there is death penalty (electric chair)
*before here in Phil., we have death by electric chair (3pm)
*in Indonesia, death by gun shot (12mn-3am)
• Prohibition of capital punishment
2. The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
When there is already conviction.
Sec 20
• Rights of debtors
No person shall be imprisoned for debt or non-payment of a poll tax.
Poll tax - cedula
Sec 21
• Prohibition of double jeopardy
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. (bar question)
*Double jeopardy - the accused is convicted twice in the same crime with the same elements.
Sec 22
• Protection from ex post facto laws
No ex post facto law or bill of attainder shall be enacted.
Ex post facto law - Every penal law must be given a retroactive effect if it favors the accused.
*Pangilinan law, when Pangilinan passed a law which absolves minors 15 yrs old below
Bill of attainder - no person shall undergo a trial without a law punishing the
crime.
Constitutional protection is higher than Rules of Court.
ZULUETA V. CA, the Supreme Court said, the rights protected under Art. 3 of
1987 Constitution can be only invoke in crimes against the State.
He who alleges must prove - evidence in court
Patient Physician Confidentiality Rule
Irasegi v. Philippine Airlines, invoked the equal protection clause. The SC said that
petitioner cannot invoke the equal protection clause against Philippine Airlines.