NCMF PARALEGAL TRAINING MANUAL (MODULE 5)

NCMF Paralegal Training
Program

MODULE 5:
Basic Constitutional Rights
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Legal Basis
(1) Article III, Philippine Constitution (Bill of Rights)
(2) Rules on Criminal Procedure
(3) Related Laws

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Right to due process
Article III, Sec. 1, Philippine Constitution:
“No person shall be deprived of life, liberty, or
property without due process of law, nor shall
any person be denied the equal protection of
the laws.”

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Due process:
“A law which hears before it condemns, which
proceeds upon inquiry and renders judgment
only after trial.”

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The due process clause of the Constitution
covers:
(1) Equal protection of law;
(2) Presumption of innocence.

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Aspects of due process:
(1) Substantive due process
(2) Procedural due process

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Right against unreasonable
searches and seizures
“The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched
and the persons or things to be seized.”

RULE 113, Rules of Court
ARREST
ARREST is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
How made —by an actual restraint of a person to be arrested, or
by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The
person arrested shall not be subject to a greater restraint than is
necessary for his detention.
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Rule 113, §5
LAWFUL ARREST WITHOUT WARRANT
A peace officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense (in
flagrante delicto);
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Rule 113, §5
(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
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Rule 113, §5
In cases of in flagrante delicto and eye-witnesses/ with
personal knowledge, the person arrested without a warrant
shall be forthwith delivered to the nearest police station or
jail and shall be proceeded against in accordance with
section 7 of Rule 112.
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Rule 112 §7
Procedure in case of lawful arrest
without warrant and PI is required
 Before the complaint or information is filed, the person arrested
may ask for a preliminary investigation in accordance with this Rule,
but he must sign a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, in the presence of his counsel.
 Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its
inception.
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Rule 112 §7
Procedure in case of lawful arrest
without warrant and PI is required
 After the filing of the complaint or information in court without a
preliminary investigation, the accused may, within five (5) days
from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his
defense as provided in this Rule.
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Article 125—Revised Penal Code
Art. 125. Delay in the delivery of detained persons to the proper judicial
authorities. — The penalties provided in the next preceding article
shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of;
twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent
and thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.
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Rule 113, §6-7
Method of Arrest With Warrant
• An arrest may be made on any day and at any time of the day or
night.
• The officer shall inform the person to be arrested of the cause of
the arrest and the fact that a warrant has been issued for his
arrest, EXCEPT
 when he flees or
 forcibly resists before the officer has opportunity to so inform
him or
 when the giving of such information will imperil the arrest.
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Rule 113, §6-7
Method of Arrest With Warrant
The officer need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable.
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Rule 113, §8
Method of Arrest by
Officer Without Warrant
• The officer shall inform the person to be arrested of
his authority and the cause of the arrest, unless:
 the latter is either engaged in the commission of
an offense;
 is pursued immediately after its commission;
 has escaped, flees, or forcibly resists before the
officer has opportunity to so inform him;
 or when the giving of such information will imperil
the arrest. (8a)
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Rule 113, § 11, 12:
Breaking Into, Out of Building
• SEC. 11. Right of officer to break into building or
enclosure.—...where the person to be arrested is or is
reasonably believed to be, if he is refused admittance
thereto, after announcing his authority and purpose.
• SEC. 12. Right to break out of building or enclosure to
effect release. - Whenever an officer has entered the
building or enclosure in accordance with the
provisions of the preceding section, he may break out
therefrom when necessary for the purpose of
liberating himself.
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Rule 113, § 14:
Right to Counsel, Visit
• SEC. 14. Right of attorney or relative to visit person
arrested.—...at the request of the person arrested or
of another acting in his behalf, have the right to visit
and confer privately with such person in the jail or any
other place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
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RULE 126
SEARCH AND SEIZURE
Search warrant defined.—A search warrant is an:
 order in writing ;
 issued in the name of the People of the Philippines;
signed by a judge; and
 directed to a peace officer;
 commanding him to search for personal property described
therein and bring it before the court.
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Where Application for SW filed
(a) Any court within whose territorial jurisdiction a crime was
committed; or
(b) For compelling reasons stated in the application, any court
within the judicial region where the crime was committed if the
place of the commission of the crime is known, or any court within
the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.
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Personal Property to be Seized
—A search warrant may be issued for the search and seizure of
personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense;
or
(c) Used or intended to be used as the means of committing an
offense.
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Requisites for
issuing search warrant
A search warrant shall not issue except:
 upon probable cause in connection with one specific offense
 to be determined personally by the judge
 after examination under oath or affirmation of the complainant
and the witnesses he may produce
 and particularly describing the place to be searched and the things
to be seized which may be anywhere in the Philippines.
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Requisites for
valid search
 The search warrant must be for one specific offense only.
 The conduct of the search must be reasonable.
 The search must be done in the presence of the lawful occupants
of the place being searched, or of any member of his family, or in
the presence of 2 witnesses of sufficient age and discretion
residing in the locality.
 Generally the search warrant must indicate that the search be
done during the day, unless otherwise indicated that the warrant
can be served at any time of day or night.
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Right of peaceful assembly and
freedom of speech
“No law shall be passed abiding the freedom of
speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the
Government for redress of grievances.”

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Right to free exercise of religion
“No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for
the exercise of civil or political rights.”

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Right to just compensation
“Private property shall not be taken for public use without
just compensation.”

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Right to free access to justice
and to the courts
“Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.”

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Rights of persons under
criminal investigation
Article III, Sec. 14 (1), Philippine Constitution:
“No person shall be held to answer for a criminal offense
without due process of law.”

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“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 competence 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.”

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The “Miranda rights”:
• The right to remain silent;
• The right to competent and independent
counsel of one’s choice;
• The right to be informed of such rights.

Republic Act (RA) No. 7438
“AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF”
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RA 7438
 As used in this Act, "custodial investigation" shall include the
practice of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any
violation of law.
 “In the absence of any lawyer, no custodial investigation shall be
conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article 125
of the Revised Penal Code.”
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RA 7438
Section 2. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers.–
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
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RA 7438
(b) Any public officer or employee, or anyone acting under his
order or his place, who arrests, detains or investigates any person
for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent
counsel by the investigating officer.
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RA 7438
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before such report
is signed, or thumbmarked if the person arrested or detained does
not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel provided
by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.
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(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence of
his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence
in any proceeding.
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RA 7438

RA 7438
(e) Any waiver by a person arrested or detained
under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing
and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
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RA 7438
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with any
member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights
of by any international non-governmental organization duly
accredited by the Office of the President.
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Violations under RA 7438
(a) Failure of any arresting officer or employee or any investigating
officer to inform any person arrested, detained or under custodial
investigation of his rights to remain silent and to have competent
and independent counsel preferably of his own choice;
(b) Obstructing, preventing, or prohibiting any lawyer, any member of
the immediate family of a person arrested, detained or under
custodial investigation, or any medical doctor or priest or religious
minister or his counsel chosen by him, from visiting and conferring
privately, or from examining and treating him, or from ministering
to his spiritual needs.
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Right against torture
“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.”

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Article III, Sec. 12 (3-4), Philippine Constitution:
“Any confession or admission obtained in violation of this or
Section 17 (the right against self-incrimination) shall be
inadmissible in evidence against him.”
“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.”

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“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.”

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Rights of an accused
“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.”

Rule 115, Rules of Court
Rights of the Accused
SECTION 1. Rights of accused at the trial.—In all criminal
prosecutions, the accused shall be entitled to the following rights:
a) To be presumed innocent until the contrary is proved beyond
reasonable doubt.
(b) To be informed of the nature and cause of the accusation
against him.
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(c) To be present and defend in person and by counsel at every stage of
the proceedings, from arraignment to promulgation of the
judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail bond, unless his
presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable cause
at the trial of which he had notice shall be considered a waiver of his
right to be present during that trial.
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... When an accused under custody had been notified of the date of the
trial and escapes, he shall be deemed to have waived his right to be
present on said date and all subsequent trial dates until custody over
him is regained. Upon motion, the accused may be allowed to
defend himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance of
counsel.
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(d) To testify as a witness in his own behalf but subject to cross-
examination on matters covered by direct examination. His silence
shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against
himself.
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(f) To confront and cross-examine the witnesses against him at the
trial. Either party may utilize as part of its evidence the testimony of
a witness who is deceased, out of or can not with due diligence be
found in the Philippines, unavailable, or otherwise unable to testify,
given in another case or proceeding, judicial or administrative,
involving the same parties and subject matter, the adverse party
having the opportunity to cross-examine him.
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(g) To have compulsory process issued to secure the attendance of
witnesses and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by
law.
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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.”
Right to a speedy trial

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Right against self-incrimination
“No person shall be compelled to be a witness
against himself.”

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Right to bail
Article III, Philippine Constitution:
“Sec. 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.”
“Sec. 15. The privilege of the writ of habeas corpus shall not
suspended except in cases of invasion or rebellion when the public
safety requires it.”

Rule 114, §3
No release except on bail or court order
No release or transfer except on court order or bail.—
No person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted to
bail.
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Rule 114, §5
BAIL A MATTER OF RIGHT
 All persons in custody shall be admitted to bail as a matter of
right, with sufficient sureties, or released on recognizance as
prescribed by law or this Rule:
(a) before or after conviction by the MeTC, MTC or Municipal Circuit
Trial Court; and
(b) before conviction by the RTC of an offense not punishable by
death, reclusion perpetua, or life imprisonment.
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BAIL, WHEN DISCRETIONARY
SEC. 5. Bail, when discretionary.
Upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment,
admission to bail is discretionary.
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NON-BAILABLE OFFENSES
• SEC. 7. Capital offense or an offense punishable by reclusion
perpetua or life imprisonment, not bailable.—
No person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be admitted to bail
when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
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Modes of Bail
Rule 114, §10-11, 14-15
(1) Cash deposit
(2) Surety bond
(3) Property bond
(4) Recognizance
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Right against political persecution
“No person shall be detained solely by reason of his
political beliefs and aspirations.”

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Right against involuntary servitude
“No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party
shall have been duly convicted.”

NCMF PARALEGAL TRAINING MANUAL (MODULE 5)

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NCMF PARALEGAL TRAINING MANUAL (MODULE 5)