2. Rights of the Accused
Section 11. Free access to the
courts and quasi-judicial bodies
and adequate legal assistance shall
not be denied to any person by
reason of poverty.
3. Rights of the Accused
Section 11 states that paupers or
person who are poor shall be given
free access to courts and quasi-
judicial bodies as well as free
adequate legal assistance (or free
counsel to defend him in court)
4. Miranda Doctrine
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. 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
the presence of counsel.
5. Miranda Doctrine
(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.
6. Miranda Doctrine
(3) Any confession or admission
obtained in violation of this or
Section 17 hereof shall be
inadmissible in evidence against
him.
7. Miranda Doctrine
(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.
8. Miranda Doctrine
Section 12 sets forth what is known as the Miranda
Doctrine. The right to silence and to counsel, a right
taken from Miranda Doctrine is explained as:
The accused must be warned prior to any
questioning that he has the right to remain silent;
that anything he says can be used against him in a
court of law; that he has the right to the presence
of an attorney, one will be appointed for him prior
to any questioning, if he so desires. Opportunity to
exercise these rights must be afforded to him
throughout the interrogation.
9. Right of Persons Under Custodial
Investigation
This provision in the Constitution
focuses on the suspect’s right to
remain silent and to have competent
and independent counsel preferably of
his own choice; and the right to be
informed to remain silent.
10. Right of Persons Under Custodial
Investigation
These right cannot be waived except in
writing and in the presence of counsel.
11. Right of Persons Under Custodial
Investigation
The other rights of person under custodial
investigation are: (1) No torture, force,
violence, threat, intimidation, or any other
means which vitiate the free will shall be
used against him. (Section 2 (2); (2) Secret
detention places, solitary, incommunicado,
or other similar forms of detention are
prohibited;
12. Right of Persons Under Custodial
Investigation
(3) Any confession or admission obtained
in violation of this or Section 17 hereof
shall be inadmissible in evidence against
him; Violators of Section 12 of the Bill of
Rights shall be liable for penal and civil
sanctions; (5) Victims of torture or similar
practices, and their families shall be
provided with legal compensation and
rehabilitation;
13. Right of Persons Under Custodial
Investigation
(6) No person can be detained solely
by reason of political beliefs and
aspirations. and (7) Right against any
physical, psychological, or degrading
punishment, or use of substandard, or
inadequate penal facilities under
subhuman conditions.
