Rigths of accused


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Rigths of accused

  2. 2. The right of Accused
  3. 3. 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.
  4. 4. 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.
  5. 5. (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.
  6. 6. 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.
  7. 7. 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,
  8. 8. 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.
  9. 9. 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.
  10. 10. 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
  11. 11. 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.
  12. 12. 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.
  13. 13. 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;
  14. 14. 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.
  15. 15. 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.”
  16. 16. 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.