Professional Documents
Culture Documents
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.
(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 and rehabilitation of victims of torture or similar
practices, and their families.
SECTION 17. No person shall be compelled to be a witness against himself.
||| (The 1987 Constitution, [February 2, 1987])
SECTION 18. Exclusionary Rule. Any evidence procured without a valid warrant
or beyond the authority of the same shall be inadmissible for any proceeding before
any court or tribunal.||| (Cybercrime Prevention Act of 2012, Republic Act No. 10175,
[September 12, 2012])
CHAPTER IV
Enforcement and Implementation
||| (Cybercrime Prevention Act of 2012, Republic Act No. 10175, [September 12, 2012])
A. Coverage: R.A 4200 declares that evidence is inadmissible if obtained through any of
the following ways:
a. The person who obtained the evidence may be a third person or a participant
in the conversation or communication.
b. To be admissible the consent of the person speaking or of all the parties to the
conversation. However consent is not necessary if the words which were taped or
recorded were not intended to be confidential as when the were intended to be heard
by an audience or when uttered under circumstances of time, place, occasion and
similar circumstances whereby it may reasonably be inferred that the conversation
was without regard to the presence of third persons.
2. By the unauthorized tapping of any wire or cable as to communications used via
telephone/cable, as opposed to verbal communications.
1. When Judicial Authorization was granted upon a written petition filed pursuant to the
provisions of R.A. 4200 if the crimes involve (a). treason (b) espionage (c) provoking war
and disloyalty ( d). piracy and mutiny in the high seas (e) sedition, inciting to sedition
(g)kidnapping (h) other offenses against national security.
2.When Judicial Authorization is granted upon a written petition under R.A. 9372 ( The
Human Security Act of 2007) in connection with the crimes of terrorism or conspiracy to
commit terrorism. If granted the authority covers written communications.
RULE 62. Evidence Not Formally Offered, Inadmissible. Evidence not formally
offered shall not be admitted and considered by the Tribunal in deciding the case.
(R60)||| (The 2010 Rules of the Presidential Electoral Tribunal, A.M. No. 10-4-29-SC,
[May 4, 2010])
Confidentiality of Records
To encourage the spontaneity that is conducive to effective communication,
thereby enhancing the possibility of successful mediation efforts, the mediation
proceedings and all incidents thereto shall be kept strictly confidential, unless
otherwise specifically provided by law, and all admissions or statements made therein
shall be inadmissible for any purpose in any proceeding.
Ex-parte communications by one party to the Mediator which are not intended
to be known by the other party shall not be communicated to such other party.
Documents, reports, position papers and affidavits submitted by one party shall not be
shown to the other without the consent of the former. EHACcT
Both parties undertake not to rely or introduce as evidence in any other
proceeding, the following matters:
a) Views expressed or suggestions made by the other party in respect of a
possible settlement of the dispute;
b) Admissions made by either party in the course of the proceedings;
c) Proposals made by the Mediator;
d) The fact that the other party had indicated his willingness to accept a
proposal for settlement made by the parties to the Mediator.
No transcript or minutes of the mediation proceedings shall be taken, and
personal notes of the Mediator on the mediation proceedings shall not be furnished
the trial court. Any such transcript, minutes and notes shall
be inadmissible as evidence in any other proceedings.
||| (Re: Various Resolutions of PHILJA Board of Trustees Approved during its Sept. 18
and Oct. 1, 2001 Meetings, A.M. No. 01-10-5-SC-PHILJA, [October 16, 2001])
ARTICLE VII
Privileged Communication and Professional Integration
SECTION 30. Rights to Privileged Communication for Psychologists and
Psychometricians. A psychologist or psychometrician cannot, without the consent
of the client/patient, be examined on any communication or information disclosed
and/or acquired in the course of giving psychological services to such client. The
protection accorded herein shall extend to all pertinent records and shall be available
to the secretary, clerk or other staff of the licensed psychologist or psychometrician.
Any evidence obtained in violation of this provision shall be inadmissible for any
purpose in any proceeding.
||| (Philippine Psychology Act of 2009, Republic Act No. 10029, [March 16, 2010])
SECTION 9. Confidentiality of Information. Information obtained through
mediation proceedings shall be subject to the following principles and guidelines;
(a) Information obtained through mediation shall be privileged and
confidential.
(b) A party, a mediator, or a nonparty participant may refuse to disclose and
may prevent any other person from disclosing a mediation
communication.
(c) Confidential Information shall not be subject to discovery and shall
be inadmissible in any adversarial proceeding, whether judicial or
quasi-judicial. However, evidence or information that is otherwise
admissible or subject to discovery does not become inadmissible or
protected from discovery solely by reason of its use in a mediation.
(d) In such an adversarial proceeding, the following persons involved or
previously involved in a mediation may not be compelled to disclose
confidential information obtained during the mediation: (1) the parties
to the dispute; (2) the mediator or mediators; (3) the counsel for the
parties; (4) the nonparty participants, (5) any persons hired or engaged
in connection with the mediation as secretary, stenographer, clerk or
assistant; and (6) any other person who obtains or possesses
confidential information by reason of his/her profession.
(e) The protections of this Act shall continue to apply even if a mediator is
found to have failed to act impartially.
(f) A mediator may not be called to testify to provide information gathered in
mediation. A mediator who is wrongfully subpoenaed shall be
reimbursed the full cost of his attorney's fees and related expenses.
||| (Alternative Dispute Resolution Act of 2004, Republic Act No. 9285, [April 2, 2004])