D.

Right to Equal Protection

Article 7 UDHR
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 26 ICCPR
All persons are equal before the law and are entitled without any discrimination to
the equal protection of the law. In this respect, the law shall prohibit any discrimination
and guarantee to all persons equal and effective protection against discrimination on any
ground such as race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
Article III Section 1 1987 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.
Requisites for reasonable classification
(1) must rest on substantial distinctions;
(2) must be germane to the purposes of the law;
(3) must not be limited to existing conditions only; and
(4) must apply equally to all members of the same class.
CASES:
People vs Cayat GR No. L-45987, May 5, 1935
International School Alliance of Educators vs. Quisumbing, GR No. 128845, June 1,
2000

E. RIGHT AGAINST ARBITRARY ARREST AND DETENTION

Article 9 ICCPR
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to

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trial within a reasonable time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be subject to guarantees to
appear for trial, at any other stage of the judicial proceedings, and, should occasion arise,
for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.

Articles 124 of the Revised Penal Code

Arbitrary detention. — Any public officer or employee who, without legal
grounds, detains a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days
but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal grounds for
the detention of any person.

Articles 125 of the Revised Penal Code

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.
In every case, the person detained shall be informed of the cause of his detention
and shall be allowed upon his request, to communicate and confer at any time with his

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attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987,
respectively).
Article III Section 2 of the 1987 Constitution
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.
vis-à-vis its equivalent provisions under the 1935 and 1973 Constitutions
1935— The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall
issue but upon probable cause, to be determined 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.
1973— 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
not be violated, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined by the judge, or such other responsible officer as
may be authorized by law, 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.
DEFINITION OF ARREST—
(LARRANAGA VS CA GR130644 MARCH 13 1998)

An arrest is defined as the taking of a person into custody in order that he may be bound
to answer for the commission of an offense. It is made by an actual restraint of the person
to be arrested, or by his submission to the custody of the person making the arrest. An
arrest signifies restraint on person, depriving one of his own will and liberty, binding him
to become obedient to the will of the law. The foregoing facts show no restraint upon the
person of petitioner. Neither do they show that petitioner was deprived of his own will
and liberty.
CASES:
Malacat vs. CA, GR 123595, December 12, 1997
People vs. Cuizon, 256 SCRA 320 (1996)

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Grounds for valid warrantless arrest;
Rule 113 —2000 Revised Rules on Criminal Procedure
Section 5. Arrest without warrant; when lawful. — 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)
(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 (HOT PURSUIT)
(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. (ESCAPING PRISONER)
In cases falling under paragraph (a) and (b) above, 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. (5a)
Analysis of the Philippine scenario: Are arrests committed by the Bureau of
Immigration in Deportation cases and the Congress or Senate in cases of legislative
contempt within the scope of the protection guaranteed by Article III Section 2 of the
1987 Constitution?
Answer:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Searches and Seizures
Article III Section 2 of the 1987 Constitution vis-à-vis its equivalent
provisions under the 1935 and 1973 Constitutions (same as above)
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.

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vis-à-vis its equivalent provisions under the 1935 and 1973 Constitutions
1935— The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall
issue but upon probable cause, to be determined 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.
1973— 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
not be violated, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined by the judge, or such other responsible officer as
may be authorized by law, 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.
CASES:
People vs. Marti, supra.
Salazar vs. Achacoso, GR No. 81510, March 14, 1990
Manalili vs. Court of Appeals, GR No. 113447, October 9, 1997
People vs. Eden Del Castillo, GR No. 153254, September 30, 2004
Valid warrantless search
Rule 113 —2000 Revised Rules on Criminal Procedure
Section 5. Arrest without warrant; when lawful. — 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)
(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 (HOT PURSUIT)
(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. (ESCAPING PRISONER)
In cases falling under paragraph (a) and (b) above, 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. (5a)

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Rights of Arrested or Detained Persons
Article 9 ICCPR
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be subject to guarantees to
appear for trial, at any other stage of the judicial proceedings, and, should occasion arise,
for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
Article III, Section 12, 1987 Constitution
(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. (MIRANDA DOCTRINE)
(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.

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Republic Act 7438 (Rights of Persons under Custodial Investigation)
April 27, 1992

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.

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.

(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.

(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

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person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.

(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.

(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.

(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. The person's "immediate
family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

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.
----xxx----
Analysis of the Philippine Scenario: How can the State curb abuses that are
alleged to have been committed by members of the Philippine National Police (PNP)?
Answer:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

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____________________________________________________________
____________________________________________________________
RIGHTS OF THE ACCUSED
Article 11 UDHR
(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.
Article 14 ICCPR
1. All persons shall be equal before the courts and tribunals. In the determination of any
criminal charge against him, or of his rights and obligations in a suit at law, everyone shall
be entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law. The press and the public may be excluded from all or part of
a trial for reasons of morals, public order (ordre public) or national security in a
democratic society, or when the interest of the private lives of the parties so requires, or
to the extent strictly necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any judgement rendered in a
criminal case or in a suit at law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial disputes or the
guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent
until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to
the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he understands of the
nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defense and to
communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance
of his own choosing; to be informed, if he does not have legal assistance, of this right; and
to have legal assistance assigned to him, in any case where the interests of justice so
require, and without payment by him in any such case if he does not have sufficient means
to pay for it;

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(e) To examine, or have examined, the witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions as witnesses
against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the
language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their
age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime
shall have the right to his conviction and sentence being reviewed by a higher tribunal
according to law.
6. When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed or he has been pardoned on the ground
that a new or newly discovered fact shows conclusively that there has been a miscarriage
of justice, the person who has suffered punishment as a result of such conviction shall be
compensated according to law, unless it is proved that the non-disclosure of the unknown
fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has
already been finally convicted or acquitted in accordance with the law and penal
procedure of each country.
Article III Section 14, 1987 Constitution
(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 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
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,
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 thereat. When an accused under custody
escapes, he shall be deemed to have waived his right to be present on 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 right without the assistance of counsel.
(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.
(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
cannot 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.
(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. (1a)

RIGHT AGAINST SELF-INCRIMINATION

Article III Section 17, 1987 Constitution— No person shall be compelled to be a
witness against himself.
CASES:
Beltran vs. Samson, 33 Phil. 570
Carredo vs. People, 183 SCRA 273

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RIGHT TO BAIL
Article III Section 13, 1987 Constitution— 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.
Rule 114, Rules of Court
Section 1. Bail defined. - Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance before
any court as required under the conditions hereinafter specified. Bail may be given in
the form of corporate surety, property bond, cash deposit, or recognizance.
Sec. 2. Conditions of the bail; requirements. - All kinds of bail are subject to the
following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain
in force at all stages of the case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court of
these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the trial
may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.
The original papers shall state the full name and address of the accused, the amount of
the undertaking and the conditions required by this section. Photographs (passport size)
taken within the last six (6) months showing the face, left and right profiles of the
accused must be attached to the bail.
Sec. 3. 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.
Sec. 4. Bail, a matter of right; exception. - 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 Metropolitan Trial
Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial
Court, and (b) before conviction by the Regional Trial court of an offense not punishable
by death, reclusion perpetua, or life imprisonment.
----xxxxx------

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