D.
MIRANDA RIGHTS
D. MIRANDA RIGHTS
Section 12, Art. III.
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.
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.
4. The law shall provide for penal and civil sanctions for violations of this
Section as well as compensation to the rehabilitation of victims of torture or
similar practices, and their families.
called the Miranda Doctrine (Miranda vs Arizona)
Miranda Doctrine prior to any questioning during custodial investigation, the
person must be warned that he has a right to remain silent, that any statement he
gives may be used as evidence against him, and that he has the right to the presence
of an attorney, either retained or appointed. The defendant may waive effectuation of
these rights, provided the waiver is made voluntarily, knowingly, and intelligently.
Purpose of the Doctrine
In Miranda v Arizona, the US Supreme Court established rules to protect a criminal
defendant's privilege against self-incrimination from the pressures arising
during custodial investigation by the police. Thus, to provide practical safeguards
for the practical reinforcement for the right against compulsory self-incrimination, the
Court held that the prosecution may not use statements, whether exculpatory or
inculpatory, stemming from custodial interrogation of the defendant unless it
demonstrates the use of procedural safeguards effective to secure the privilege
against self-incrimination.
Requisites of the Miranda Doctrine
(1) any person under custodial investigation has the right to remain silent;
(2) anything he says can and will be used against him in a court of law;
(3) he has the right to talk to an attorney before being questioned and to have his
counsel present when being questioned; and
(4) if he cannot afford an attorney, one will be provided before any questioning if he
so desires.
Custodial investigation defined
Any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant
way.
Begins as soon as the investigation is no longer a general inquiry unto an
unsolved crime, and direction is then aimed upon a particular suspect who has been
taken into custody and to whom the police would then direct interrogatory questions
which tend to elicit incriminating statements.
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.
Extrajudicial confession is Admissible when:
(a) Voluntary
(b) With assistance of counsel
(c) In writing, and
(d) Express
Rights Under Custodial Investigation
(a) To be informed of right to remain silent and to counsel
Carries the correlative obligation on the part of the investigator to explain and
contemplates effective communication which results in the subject understanding
what is conveyed. (People v. Agustin)
(b) To be reminded that if he waives his right to remain silent, anything he says can
and will be used against him
(c) To remain silent
(d) To have competent and independent counsel preferably of own choice
(e) To be provided with counsel if the person cannot afford the services of one
(f) No torture, force, violence, threat, intimidation or any other means which vitiate
the free will shall be used against him
(g) Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited
(h) Confessions or admissions obtained in violation of these rights are inadmissible
as evidence (exclusionary rule)
Rights That May Be Waived
[waiver must be in writing and in the presence of counsel]
(a) Right to remain silent
(b) Right to Counsel
Rights That Cannot Be Waived
(a) Right to be informed of his right to remain silent and to counsel
(b) Right to counsel when making the waiver of the right to remain silent or to
counsel
Right to counsel de parte is not unlimited. Accused cannot repeatedly ask for
postponement. He must be provided with counsel de oficio.
RA 7309: victims of unjust imprisonment may file their claims with the Board of
Claims under DOJ
Res Gestae: The declaration of the accused acknowledging guilt made to the
police desk officer after the crime was committed may be given in evidence against
him by the police officer to whom the admission was made, as part of the res gestae.
In People v. Galit, rights under custodial investigation may be waived. The
Constitution says; These rights cannot be waived except in writing and in the
presence of counsel. In localities where there are no lawyers, the State must bring
the individual to a place where there is one.
Termination of rights under custodial investigation: When Charges are filed
against the accused (in such case, Sections 14 and 17 come into play).
In Gutang v. People, the Court held that urine sample is admissible. What the
Constitution prohibits is the use of physical or moral compulsion to extort
communication from the accused, but not an inclusion of his body in evidence, when
it may be material. In fact, an accused may be validly compelled to be photographed
or measured, or his garments or shoes removed or replaced, or to move his body to
enablke the foregoing things to be done, without running afould of the proscription
against testimonial compulsion.
E. RIGHT TO BAIL
Section 13, Art. III. 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.
Bail is security given for the release of a person in custody of law, furnished by him
or a bondsman, to guaranty his appearance before any court as may be required
Kinds of Bail
(a) Cash bond
(b) Security bond
Who May Invoke?
A person under detention even if no formal charges have yet been filed (Rule 114,
Rules of Court)
Who Are Entitled?
(a) Persons charged with offenses punishable by Reclusion Perpetua or Death, when
evidence of guilt is strong
(b) Persons convicted by the trial court. Bail is only discretionary pending appeal.
(c) Persons who are members of the AFP facing a court martial. (a) The person claiming the right must be in actual detention or custody of the law.

In Paderanga v. CA, all persons actually detained, except those charged with In People v. Donato, charged with rebellion, a bailable offense, Salas
offenses punishable by reclusion perpetua or death when evidence of guilt is strong, nevertheless agreed to remain in legal custody during the pendency of the trial of his
shall, before conviction, be bailable bu sufficient sureties. criminal case. The Court held that he does not have the right to bail, because bu his
act he has waived his right.

One is under the custody of the law either when he has been arrested or has (b) The constitutional right is available only in criminal cases, not, e.g. in deportation
surrendered himself to the jurisdiction of the court, as in the case where through and extradition proceedings.
counsel petitioner for bail who was confined in a hospital communicated his
submission to the jurisdiction of the court. Note:

(a) Right to bail is not available in the military.

Other Rights in Relation to Bail
In Comendador v. De Villa, soldier under court martial does not enjoy the right
to bail. It is because of the disciplinary structure of the military and because soldiers
The right to bail shall NOT be impaired even when the privilege of the writ of are allowed the fiduciary right to bear arms and can therefore cause great havoc...
Nor can appeal be made to the equal protection clause ebcause equal protection
habeas corpus is suspended.
applies only to those who are equally situated.
Excessive bail shall not be required.
(b) Apart from bail, a person may attain provisional liberty through recognizance.

In US v. Puruganan, the Court held that extradition is not a criminal

Factors in Fixing Amount of Bail proceeding. Hence, since bail is available only in criminal proceedings, a respondent
in an extradition proceeding is not entitled to a bail. He should apply for a bail in the
court where he will be tried.
(a) Ability to post bail

(b) Nature of the offense F. RIGHTS OF THE ACCUSED

(c) Penalty imposed by law

Section 14, Art. III.
(d) Character and reputation of the accused 1. No person shall be held to answer for a criminal offense without due
process of law.
(e) Health of the accused 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,
(f) Strength of the evidence
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
(g) Probability of appearing at the trial
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused: Provided, that he has
(h) Forfeiture of previous bail bonds been duly notified and his failure to appear is unjustifiable.

(i) Whether accused was a fugitive from justice when arrested The Rights of the Accused Include

(j) If accused is under bond in other cases 1. Criminal due process;

2. Presumption of innocence
Implicit Limitations on the Right to Bail 3. Right to be heard by himself or counsel;
4. Right to be informed of the nature and cause of the accusation against him;
5. Right to speedy, impartial and public trial;
6. Right to meet the witnesses face to face;
7. Right to compulsory process to secure attendance of witnesses and production of
evidence; and
8. trial in absentia
1. Criminal Due Process
Criminal process includes
a) Investigation prior to the filing of charges
b) Preliminary examination and investigation after charges are filed
c) Period of trial
Requirements of Criminal Due Process
1. Impartial and competent court in accordance with procedure prescribed by law;
2. Proper observance of all the rights accorded the accused under the Constitution
and the applicable statutes (example of statutory right of the accused: right to
Preliminary investigation)
Mistrial may be declared if shown that proceedings were held under
circumstances as would prevent the accused from freely making his defense or the
judge from freely arriving at his decision.
There is violation of due process when law not published and a person is
impleaded for violation of such law.
There is violation of due process when appeal is permitted by law but there is
denial thereof.
2. Presumption of Innocence
Burden of proof to establish the guilt of the accused is with the prosecution.
Conviction depends on the strength of prosecution, not on the weakness of the
defense
The presumption may be overcome by contrary presumption based on the
experience of human conduct. (e.g unexplained flight may lead to an inference of
guilt, as the wicked flee when no man pursueth, but the righteous are as bold as a
lion.)
The constitutional presumption will not apply as long as there is some rational
connection between the fact proved and the ultimate fact presumed, and the
inference of one fact from proof of another shall not be so unreasonable as to be a
purely arbitrary mandate. Cooley
No inference of guilt may be drawn against an accused for his failure to make a
statement of any sort.
In Dumlao v. Comelec, for the purposes of disqualification in an election,
section 4 of BP Blg. 52 says that the filing of charges for the commission of such
crimes before civil court or military tribunal after preliminary investigation shall be
prima facie evidence of such fact (disqualification). The Court held that this provision
violates the guarantee of presumption of innocence. Although filing of charges is only
prima facie evidence and may be rebutted, the proximity of elections and consequent
risk of not having time to rebut the prima facie evidence already in effect make him
suffer as though guilty even before trial.
Equipoise Rule evidence of both sides are equally balanced, in which case the
constitutional presumption of innocence should tilt the scales in favor of the accused.
3. Right to be Heard by Himself and Counsel
Indispensable in any criminal prosecution where the stakes are the liberty or
even the life of the accused
Assistance of counsel begins from the time a person is taken into custody and
placed under investigation for the commission of a crime.
This is not subject to waiver.
Right to counsel means the right to effective representation.
If the accused appears at arraignment without counsel, the judge must:
(a) Inform the accused that he has a right to a counsel before arraignment;
(b) Ask the accused if he desires the aid of counsel;
(c) If the accused desires counsel, but cannot afford one, a counsel de oficio must
be appointed;
(d) If the accused desires to obtain his own counsel, the court must give him a
reasonable time to get one.
4. Nature and Cause of Accusation
Purpose for the Right to be informed of the Nature and Cause of Accusation
(1) To furnish the accused with a description of the charge against him as will enable
him to make his defenses; (1) He can move for the dismissal of the case;

(2) To avail himself of his conviction or acquittal against a further prosecution for the
same cause;
(2) If he is detained, he can file a petition for the issuance of writ of habeas corpus.
(3) To inform the court of the facts alleged.
Speedy trial -
The description and not the designation of the offense is controlling (The real
nature of the crime charged is determined from the recital of facts in the information. It
1. Free from vexatious, capricious and oppressive delays
is not determined based on the caption or preamble thereof nor from the specification
of the provision of law allegedly violated.)
2. To relieve the accused from needless anxieties before sentence is pronounced
upon him
If the information fails to allege the material elements of the offense, the accused
cannot be convicted thereof even if the prosecution is able to present evidence during
the trial with respect to such elements.
Impartial trial the accused is entitled to the cold neutrality of an impartial
Void for Vagueness Rule accused is denied the right to be informed of the charge judge. It is an element of due process.
against him and to due process as well, where the statute itself is couched in
such indefinite language that it is not possible for men of ordinary intelligence to
determine therefrom what acts or omissions are punished and hence, shall be
avoided.
Public trial: The attendance at the trial is open to all irrespective of their
In Estrada vs Sandiganbayan, the Court held that the Void for relationship to the accused. However, if the evidence to be adduced is offensive to
Vagueness Doctrine merely requires a reasonable degree of certainty and not decency or public morals, the public may be excluded.
absolute precision or mathematical exactitude.
The right of the accused to a public trial is not violated if the hearings are
conducted on Saturdays, either with the consent of the accused or if failed to object
thereto.
5. The Trial

Factors in Determining Whether There Is Violation The right to be present covers the period from arraignment to promulgation of
sentence.
(a) Time expired from the filing of the information

(b) Length of delay involved General Rule: the accused may waive the right to be present at the trial by not
showing up. However, the court can still compel the attendance of the accused if
(c) Reasons for the delay necessary for identification purposes.

(d) Assertion or non-assertion of the right by the accused
(e) Prejudice caused to the defendant.
Effect of dismissal based on violation of this right: it amounts to an acquittal
and can be used as basis to claim double jeopardy. This would be the effect even if
the dismissal was made with the consent of the accused
Exception: If the accused, after arraignment, has stipulated that he is indeed the
person charged with the offense and named in the information, and that any time a
witness refers to a name by which he is known, the witness is to be understood as
referring to him.
Trial in Absentia is mandatory upon the court whenever the accused has been
arraigned.

There is also Promulgation in Absentia

Remedy if the Right is Violated
 While the accused is entitled to be present during promulgation of judgment, the
absence of his counsel during such promulgation does not affect its validity
The trial in absentia does not abrogate the provisions of the Rules of Court
regarding forfeiture of bail bond if the accused fails to appear at his trial.
A court has the power to prohibit a person admitted to bail from leaving the
Philippines as this is a necessary consequence of the nature and function of a bail
bond
6. The Right to Meet the Witnesses Face to Face
Purposes of the Right to Meet the Witnesses Face to Face
(1) To afford the accused an opportunity to cross-examine the witness
(2) To allow the judge the opportunity to observe the deportment of the witness
Principal Exceptions to this Right
(1) The admissibility of dying declarations
(2) Trial in absentia under Section 14(2)
With respect to child testimony
Testimony of witness who was not cross-examined is not admissible as evidence
for being hearsay.
If a prosecution witness dies before his cross-examination can be completed, his
direct testimony cannot be stricken off the record, provided the material points of his
direct testimony had been covered on cross.
The right to confrontation may be waived.
7. Compulsory Process
The accused is entitled to the issuance of subpoena ad
testificandum and subpoena duces tecum for the purpose of compelling the
attendance of witness and the production of evidence that he may need for his
defense.
Failure to obey punishable as contempt of court.
There are exceptional circumstances when the defendant may ask for
conditional examination, provided the expected testimony is material of any witness
under circumstances that would make him unavailable from attending the trial.
8. Trial in Absentia
Trial in Absentia May Only Be Allowed If the Following Requisites Are Met:
(1) the accused has been validly arraigned;
(2) Accused has already been arraigned;
(3) Accused has been duly notified of the trial; and
(4) His failure to appear is unjustifiable.