Part IV Bill of Rights

Sec. 12 (1) Any person under investigation for the commission of an offense
shall have 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 counsel, he must be provided with one. These
rights cannot be waived except in writing and in presence of counsel.

(2) No torture, force, 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 in violation of this or section 17 hereof

shall be inadmissible against him.

(4) the law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.

Effect of violation of the rights

To give force and meaning to the constitutional provision, any confession

obtained in violation of any of the above rights is declared inadmissible in
evidence before any proceeding and violators shall be subject to penal and civil
sanctions to be provided by law.

Sec. 13. All persons, except those who charge with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be release 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.
Forms of Bail

1. Cash deposit
2. Property bond
3. Company surety
4. Recognizance

Sec. 14. No person shall be held to answer for a criminal offense without due
process of law.

Sec. 15. The privilege of the writ of habeas corpus shall not be suspended except
in case of invasion or rebellion when the public safety required it.

Meaning of writ of habeas corpus

The writ of habeas corpus is an order issued by a court of competent jurisdiction,

directed to the person detaining another, commanding him to produce the body
of the prisoner at a designated time and place, and to show sufficient cause for
holding in custody the individual so detained.

Purpose of the writ

It has for its purpose to inquire into all manner of involuntary restraint or
detention as distinguish from voluntary and to relieve a person therefrom if such
restraint is found illegal. The writ is the proper remedy in each and every case of
detention without legal cause or authority.

Sec. 16. All person shall have the right to a speedy disposition of their cases
before all judicial, quasi- judicial, or administrative bodies.

Sec. 17. No person shall be compelled to be a witness against himself

Right against self-incrimination

This is the protection of self- incrimination which may expose a person to criminal
liability.