6. SECTION 11
SECTION 11
• Free access to the courts and quasi-judicial bodies.
• Adequate legal assistance shall not be denied to
any person by reason of poverty.
SECTION 12
SECTION 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.
7. SECTION 12
SECTION 12
(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 in
evidence against him.
8. (3) • Any confession or admission
obtained in violation of this or Section
17 hereof shall be inadmissible in
evidence 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.
9. SECTION 13
SECTION 13
All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by
sufficient sureties, 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.
10. SECTION 14
SECTION 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;
Reasons why 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,
11. SECTION 14
SECTION 14
• 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 not with standing the
absence of the accused provided
that he has been duly notified and
his failure to appear is
unjustifiable.
12. SUMMARY: ARTICLE III
Article III recognizes the individual rights of the Filipino people
and guarantees its protection against abuses.
Included in the Bill of Rights:
• Due process of law;
• Equal Protection of the laws;
• Protection against unreasonable
searches and seizures;
• Right to privacy of communication and
correspondence;
• And the right to free speech , expression and to
peacefully assemble.
13. The specific rights of the accused is likewise
presented, such as:
• Right to bail;
• Right to criminal due process;
• Right to speedy disposition of cases;
• Right against self-incrimination;
• Non-imprisonment for non payment
of debt or a poll tax;
• And right against double jeopardy.
It further prohibits the enactment of an ex post fact
law or
14. ARRESTS AND MIRANDA
ARRESTS AND MIRANDA
RIGHTS
RIGHTS
“Anything you say can and will be used against
you in the court of law.”
• This lump of rights, plus the right to
Counsel and sans the “freeze”,
is called the Miranda Rights.
• The Miranda rights stem from the
landmark decision of the United States
Supreme Court in Miranda V. Arizona.
15. ARRESTS AND MIRANDA
ARRESTS AND MIRANDA
RIGHTS
RIGHTS
“The Miranda Doctrine requires that:”
• (a) Any person under custodial investigation
has the right to remain silent;
• (b) Anything he says can and will
be used against him in a court of law;
• (c) He has the right to talk to an
attorney before being questioned and to
have his counsel present when being
questioned;
• (d) And if he cannot afford an attorney, one will be
provided before any questioning if he so desires.
16. ARRESTS AND MIRANDA
ARRESTS AND MIRANDA
RIGHTS
RIGHTS
“As a rule, no arrest may be made without a
warrant of arrest. The exceptions [also
referred to as warrantless arrests] under the
Revised Rules on Criminal Procedure
(Rule 113, Sec. 5) are arrests made by
a peace officer or a private person:”
• (a) When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense;
17. ARRESTS AND MIRANDA
ARRESTS AND MIRANDA
RIGHTS
RIGHTS
• (b) When an offense has just been committed
and he has probable cause to believe based on
personal knowledge of facts or
circumstances that the person to be
arrested has committed it; and
• (c) When the person to be arrested is
a prisoner who has escaped from a penal
establishment or place where he is serving final
judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from
one confinement to another.
18. HABEAS CORPUS
HABEAS CORPUS
“Philippine Habeas Corpus Cases are cases decided
by the Supreme Court of the Philippines, concerning the
write of Habeas Corpus.”
• The right of habeas corpus may be
suspended in order to prevent any
violence in cases of rebellion or
insurrection, as the case may be.
• Article III, Section 15 provides that:
“The privilege of the right of habeas
corpus shall not be suspended except in cases
of invasion or rebellion, when the public safety
requires it.”
19. HABEAS CORPUS
HABEAS CORPUS
• The suspension of the privilege of the right shall
apply only to persons judicially charged for rebellion
or offenses inherent in, or directly connected
with, invasion.
• During the suspension of the
privilege of the right of habeas corpus,
any person thus arrested or detained
shall be judicially charged within three
days, otherwise he shall be released.
