Bill of Rights

Section11- Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
- Right to council
Constitutional Rights of the accused in criminal cases.
1. The right to adequate legal assistance
2. The right when under investigation for the commission of an offense to be informed of his right
to remain silent and to have council.
3. The right against the use of torture, force, violence, threat, intimidation or any other means which
vitiates the free will.
4. The right against being held in secret, incommunicado or similar forms of solitary detention.
5. The right to bail and against excessive bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of the nature and cause of the accusation against him
10. The right to have speedy, impartial and public trial
11. The right to meet the witness face to face
12. The right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf
13. The right against self-incrimination
14. The right against detention by reason of political beliefs and aspirations
15. The right against excessive fines
16. The right against cruel, degrading or inhuman punishment
17. The right against infliction of the death penalty except for heinous
18. The right against double jeopardy
Reasons for Constitutional safeguards
1. Criminal Case, an unequal contest
2. Criminal Accusation, a very serious matter
3. Protection of innocent, the underlying purpose

Section12- Right of accuse/ right of person under investigation.

Rights of person under investigation

1. To be informed of his right to remain silent
2. To have competent and independent counsel preferably of his own choice or to be provided with
one
3. Against the use of torture, force, violence, silent, threat ,intimidation, or any other means which
vitiates the free will and;
4. Against being held in secret, solitary, incommunicado ,or other similar forms of detention
Section13- All person ,except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, before conviction, be bailable by sufficient sureties, or to 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.
-The right to bail
Meaning of bail
Bail – is the security required by a court and given for the provisional or temporary release of a person
who is in the custody of the law conditioned upon his appearance before any court as required under the
conditions specipied.
Meaning of capital offense
Capital offense- A capital, for purposes of the above provision is an offense which, under the law existing
at the time of its commission, and at the time of the application to be admitted to bail , maybe punished
with reclusion perpectua, imprisonment or death.

Section14- Due process of law on criminal offense.

Right to be informed of the nature and cause of the accusation against him.
1. Specific allegations of crime charged
2. Remedy of accused whose right is violated
3.
Right to have speedy , impartial, and public trial
1. Speedy trial
2. Impartial trial
3. Public trial
4.

Cross –examination of witnesses by the accused

1. Cross- examination of witnesses by the accused
2. Assessment by the court of witness’credibility

Trial in the absence of the accused

1. He has been arraigned
2. He has been duly notified of the trial; and
3. His failure to appear is unjustifiable
Capital offense

A capital offense is one which is punishable by death. Death for a capital offense is called capital
punishment. Crimes punishable by death vary from state to state and country to country. Bail is
usually denied in capital offense cases.
Examples of capital offenses include first degree murder (premeditated), murder with special
circumstances (such as intentional, multiple, involved with another crime, with guns, of a police
officer, or a repeat offense), and rape with additional bodily harm, and the federal crime of
treason.

Meaning and purpose of arraignment

An arraignment is usually the first part of the criminal procedure that occurs in a courtroom
before a judge or magistrate. The purpose of an arraignment is to provide the accused with a
reading of the crime with which he or she has been charged.

Criminal case, an unequal contest- Every criminal case is a contest between an individual
and the government, thus, an unequal contest because the parties are of unequal strength. To remedy
the imbalance, the Constitution gives the accused several rights. Reasons for constitutional
safeguards:
2. Criminal accusation, a very serious matter. A man, accused of having committed a crime,
may lose his job or ruin his life, and therefore, he needs all possible opportunities to establish his
innocence. Reasons for constitutional safeguards
3. Protection of innocent, the underlying principle. The purpose is to assure that truth will
be discovered and that justice will be done. Under the Constitution, the acquittal of the innocent is
given preference than conviction of the criminal. Reasons for constitutional safeguards:

Meaning of “BAIL”
:security (cash, property, recognizance) required by a court & given for the temporary release of a person under the
custody of the lawconditioned upon his appearance before any court.Exception: those charged with offenses
punishable by “reclusion perpetua”(imprisonment for 20 years or more) when evidence of guilt is strong
(conduct a hearing).

Right to free access to the courts and quasi judicial bodies

The time-honored doctrine that the dispensation of justice for all, regardless of creed or color, rich or poor is
embodied in this constitutional mandate. Accordingly, any person no matter how poor he may be cannot be legally-

a) denied of access to judicial or quasi-judicial bodies

b) as well as adequate legal assistance.
 Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any person under investigation for
the commission of a crime or 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 you can't afford a lawyer, the state will provide you with one.

The right to remain silent is emphasized because any statement you give can be used against you in court.

Likewise, it is your right to call or have access to a lawyer at all times throughout the ordeal of arrest or detention..

More rights

If you're being arrested you should know these additional rights:

 Know the reason for your arrest at the time of your arrest via an arrest warrant, which you should
ask for
 Ask for the identity and authority of the arresting officer
 Be promptly brought before a judge and be "entitled to a trial within a reasonable time" or to be
entitled to release subject to guarantees to appear for trial
 Demand physical examination by an independent and competent doctor of your choice before
and after interrogation, as stated in Republic Act 9745 or the Anti-Torture Act.

Effect on the violation of rights

Examples are acts typically deemed "crimes against humanity," including genocide, torture, slavery, rape,
enforced sterilization or medical experimentation, and deliberate starvation. Because these policies are
sometimes implemented by governments, limiting the unrestrained power of the state is an important part
of international law. Underlying laws that prohibit the various "crimes against humanity" is the principle of
nondiscrimination and the notion that certain basic rights apply universally.

Waiver of the Right to CounseL

Right to counsel - can be waived if the waiver is made knowingly, voluntarily, and intelligently. The
person must be competent to understand and appreciate the right to counsel and the consequences of
waiving it. The waiver must be a free and deliberate choice and a person’s silence doesn’t constitute a
valid waiver. In determining whether the waiver is valid, courts consider the totality of the circumstances,
including the background, experience, and conduct of the accused.

Excessive bail is Probihited - Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly
harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime
after conviction.