The document discusses various rights of individuals under Philippine law relating to search and seizure, privacy, interrogation, bail, and trial. It defines key terms and outlines constitutional protections including requiring search warrants, prohibiting torture, ensuring the right to remain silent, access to legal counsel, presumption of innocence, and the right to a fair and speedy trial.

2. Search and Seizure
- effected by virtue of search warrant.
Search Warrant
- an order of writing issued in the name of
the People of the Philippines.

3. 1.Existence of probable cause
2.Probable cause to be determined by a
judge
3.Upon examination
4.Stating with particularity the persons or
things to be searched or seized
5.Embracing only one specific offense.

4. Search and Seizure
without Search warrant
1.Customs Searches
-done as routinary inspections on buildings,
establishments and private properties.
2.Searches of Moving Vehicles
-commonly known as searches in checkpoints.

5. 4.Consent Searches
-are searches that are made by law
enforcement agents based on consent of the
person whose property they wish to search.
3.Seizure of Evidence in Plain View
-known as the Plain View Doctrine.

6. 5.Searches Incidental to Lawful Arrest
-searches and seizures conducted during lawful
arrests may it be done through a warrant of arrest or
a warrantless arrest is a valid search and seizure.
6.Stop and Frisk
- -was defined as the vernacular designation or the
right of a police officer to stop a citizen on the street,
interrogate him and pat him for weapons.

7. Right to Privacy of
Communication and
Correspondence
Article III Section 3:
The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

8. Miranda Rights and the Right
against Torture and Solitary
Confinement
Article III 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.

9. Article III 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.
Right against Torture and
Solitary Confinement

10. TORTURE
-results in when an accused is subjected
to any physical harm, threat of harm, force,
intimidation, fraud or anything that vitiates his
freewill in order to extract from him
confession for a commission of an offense.

11. Article III Section 17:
No person shall be compelled to
be a witness against himself.
The Right against
Self-Incrimination

12. Article III 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.
Right to Free Access to
Courts and to the Free Legal
Assistance

13. Article III 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.
Right to Bail

14. BAIL
- the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as
may be required.
BAIL AS A MATTER OF RIGHT
- when the penalty for the offense charged is
not reclusion perpetua, life imprisonment or death.

15. Amount of Bail must be Reasonable
-the amount of bail must not be excessive and
must be reasonable.
BAIL AS A MATTER OF DISCRETION
-the right to bail cannot be automatically granted
by the court if the penalty for the offense charged is
reclusion perpetua, life imprisonment or death.

16. Article III Section 14 (1):
No person shall be held to answer for a
criminal offense without due process of law.
The Rights of an Accused
during Trial

17. 1.Right to Criminal Due Process
Criminal due process is restricted only
to criminal prosecutions and purely to
their procedural requirements.

18. Article III Section 14 (2):
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 witness 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.

19. 2.Right to Presumption of Innocence
An accused must always be presumed to be
innocent until the contrary is proven through the
careful observance of criminal due process.
3.Right to be Heard by Himself and Counsel
-an elementary rule of due process.
-the accused must be given the chance to
explain himself in open court and must be able to
intelligently defend himself.

20. 4.Right to be Informed of the Nature and Cause of
the Accusation against the Accused
In order for an accused to truly defend himself in
open court, he must fully appreciate and understand the
nature and causes of the accusations against him.
TRIAL IN ABSENTIA
-an accused will escape during the trial of his case
or will not appear during the hearings.

21. 5.Right to Speedy, Impartial and Public
Trial
-goal of trial is not speed alone.
-the right to an impartial trial demands a
trial that is free from any prejudice or bias.
-publicity of the trial is also warranted.

22. 6.Right to Confrontation
-right to meet the witness face to face.
7.Right to Compulsory Process
-to secure the attendance of witnesses
and the production of evidence in his behalf.