1 Rights of an Accused Under Custodial Investigation Category: Constitutional Law Article 3, SECTION 12, Philippines Constitution (RIGHTS UNDER

CUSTODIAL INVESTIGATION) ----- Rights under Section 12: origins and rationale ----1. Magtoto v. Manguera murder; admissibility of confession A confession obtained from a person under investigation for the commission of an offense, who has not been informed of his right to silence and right to counsel is INADMISSIBLE as evidence; Miranda and Escobedo ----- When the rights become available ----2. People v. Taylaran accidental killing Right to silence and to counsel NOT applicable where no written confession was to be presented in evidence as a result of a formal custodial investigation 3. Galman v. Pamaran assassination of Ninoy; Agrava Commission The fact that the framers of the Constitution did not use the word custodial investigation shows that it did not entirely adopt the Miranda Doctrine; The accused are also entitled to be admonished of their constitutional right to remain silent, to counsel and be informed that any or all statements given by them may be used against them; This also applies in other cases, not just those criminal in nature 4. People v. Ayson irregularity in the sale of plane tickets Right against self incrimination is accorded to every person who gives evidence, whether voluntarily or under compulsion of subpoena in any proceeding. The right is NOT to be compelled to be a witness against himself and NOT a prohibition of inquiry; The right can only be claimed when the specific question, incriminatory in character, is actually put to the witness; It does not give the right to refuse a subpoena. This right must be claimed, it is not automatically operational | Miranda rights | Custodial investigation questioning initiated by law enforcement officers after a person has been taken away into custody or otherwise deprived of his freedom of action in any way; A defendant on a trial or preliminary investigation is NOT under custodial investigation; Accused RIGHTS: BEFORE THE CASE IS FILED IN COURT (or with public prosecutor for preliminary investigation; taken into custody) a. right to remain silent b. right to counsel c. right to be informed d. right to have evidence obtained in violation of those above rejected RIGHTS: AFTER THE CASE IS FILED IN COURT a. right to refuse to be a witness b. not to have any prejudice whatsoever result to him because of such refusal c. right to testify in his own behalf , subject to cross examination by the prosecution d. while testifying: to refuse to answer an specific question which tends to incriminate him for some crime other that which he is being prosecuted ----- Police line-ups; paraffin test; signature ----5. Gamboa v. Cruz vagrancy The right to counsel attaches at the start of the investigation (when investigating officers elicit information/ admission/ confession. Police line-up not part of the inquest. 6. People v. Dimaano robbery with homicide A police line-up is not part of the custodial inquest so at this stage, they have no right to counsel yet. They are not being held to answer for criminal offense for which they are being charged or convicted.

----- Right to counsel ----7. Estacio v. Sandiganbayan - estafa thru falsification When the waiver of the right to remain silent and assistance by counsel was not made in the presence of counsel, the defect was cured when the lawyer arrived at the closing stage of the interrogation, read the statement and talked to the accused before the latter signed it. 8. People v. De Jesus robbery with homicide Right to counsel attaches upon the start of the investigation; Custodial investigation is the stage where the police investigation is no longer a general inquiry into an unsolved crime but has began to focus on the particular suspect who had been taken into custody; questions initiated when a person is taken into custody and deprived of his freedom of action 9. People v. Lucero extrajudicial confession; lawyer was away when accused gave his uncounselled confession - doctrine same as above ----- Right to be informed ----10. People v. Pinlac robbery The constitutional right of the accused to be informed of his rights to remain silent and to counsel contemplates the transmission of meaningful information and not just a mere ceremonial and perfunctory recitation of an abstract constitutional principle. Police officer is duty bound not just to recite the rights; he must explain it as well; Waiver MUST BE MADE in the presence of counsel ----- Waiver ----11. People v. Rous robbery with homicide A confession is admissible until the accused successfully proves that it was given as a result of violence, intimidation, threat or promise of reward of leniency; Presumption that a confession was made deliberately and knowingly. Rights Of Accused During Trial WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS? The following are the rights accorded the accused: 1. To be presumed innocent until the contrary is proved beyond reasonable doubt. 2. To be informed of the nature and cause of the accusation against him. 3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment. 4. 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. 5. To be exempt from being compelled to be a witness against himself. 6. 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 can not 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. 7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 8. To have speedy, impartial and public trial. 9. To appeal in all cases allowed and in the manner prescribed by law. RIGHTS OF AN ACCUSED Before Criminal Prosecution: (before arraignment) Right to due process (Sec. 14(1))

3 Custodial rights (Sec. 12) Right to be informed of his rights Right to remain silent Right to counsel Right to bail (Sec. 13) Right to speedy disposition of his case (Sec. 16) Right of free access to the courts During Criminal Prosecution: (after arraignment up to promulgation of judgment) Right to presumption of innocence (Sec. 14(2)) Right to be heard by himself and counsel (Sec. 14(2)) Right to be informed of the nature and cause of accusation against him (Sec. 14(2)) Right to have speedy, impartial and public trial (Sec. 14(2)) Right to confrontation (Sec. 14(2)) Right to have compulsory process to secure attendance of witnesses and production of evidence on his behalf (Sec. 14(2)) Right against self-incrimination (Sec. 17) Right against double jeopardy (Sec. 21) 9.Right against ex-post facto law and bill of attainder (Sec. 22) After Conviction: Right against excessive fines and cruel, degrading or inhuman punishment (Sec. 19) SECTION 12 Custodial Rights Sec. 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. (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. - To put the accused on equal footing with the State -"in custody" - includes deprivation or mere restriction on physical liberty Custodial Investigation investigation conducted by law enforcer immediately after arrest The Fruit of the Poisonous Tree Doctrine all evidence (the fruit) derived from an illegal search (the poisonous tree) must be suppressed, whether it was obtained directly through the illegal search itself, or indirectly using information obtained in the illegal search But For Test or taint doctrine; the evidence would not have come to light but for the illegal action of the police WHEN CUSTODIAL INVESTIGATION BEGINS: Restrictive View - limited to in-custody interrogations as when the accused has been arrested and brought to the custody of the police for questioning Expanded View contemplates two situations: (1) general inquiry as to identification, circumstances of a crime without focus on any particular suspect; and (2) suspicion is focused on a particular person and questions are asked from him to elicit admissions or information

**Under the expanded view, general inquiry as to identification, like in a police line-up, is not considered part of custodial investigation hence the accused may be identified by a witness in a police line-up even if made not in the presence of counsel NOT PART OF CUSTODIAL INVESTIGATION: 1. Police line-up, or during process of identification 2. Spontaneous statement not elicited through questioning, but given in an ordinary manner (spur-ofthe-moment statements) res gestae 3. Volunteered statements 4. Extrajudicial admission to the prosecutor or a private person 5. Investigation made by a citizen or private security officer Miranda Doctrine: Rights Under Custodial Investigation

Miranda vs. Arizona, 16 L. Ed 2d 694 The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of hte right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned. Extrajudicial Confessions to Mayor and Media Admissible People vs. Andan, G.R. No. 116437, March 3, 1997 Thus, it has been held that the constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the crime. What the Constitution bars is the compulsory disclosure of incriminating facts or confessions. The rights under Section 12 are guaranteed to preclude the slightest use of coercion by the state as would lead the accused to admit something false, not to prevent him from freely and voluntarily telling the truth. Hence we hold that appellant's confession to the mayor was correctly admitted by the trial court. Appellant's confessions to the media were likewise properly admitted. The confessions were made in response to questions by news reporters, not by the police or any other investigating officer. We have held that statements spontaneously made by a suspect to news reporters on a televised interview are deemed voluntary and are admissible in evidence. Q: COA auditor investigated certain anomalies in the accounts of a government agency. He questioned X, a public employee therein, without benefit of counsel. Are Xs statements admissible? A: Yes. A COA auditor is not a law enforcer. Q: Miguel, an AFP major, arrested B and questioned him without benefit of counsel. Admissible? A: Yes. An AFP member is not a law enforcer. Q: H, a police officer, and husband of W, saw the latter cheating on him with her paramour. The paramour was able to escape while W was detained by H and then questioned. Later, H filed a case for adultery against W and used her statement as evidence. Admissible? A: Yes. Even if H is a police officer, the time when he questioned W, his wife, he was not acting in his official capacity as a police officer but in his personal capacity as her husband.

Q: X, the accused in a case for rape, was asked to provide the police investigating team with samples of his DNA. He did so without assistance of counsel. Admissible? A: Yes. The act of providing samples for identification is a mere mechanical act, not covered by the right against self-incrimination. Q: If in the above case, X was also made to sign booking sheets and police reports, also without counsel. Admissible? A: No. Handwriting is not a mere mechanical act.

RIGHT TO REMAIN SILENT - Refers not only to testimonial confessions but also to acts - but does not apply to acts that are merely mechanical (does not require use of intelligence) or to general questions (e.g. What is your name? Right to remain silent? Grabe ha ^_^) 1. 2. 3. 4. 5. 1. 2. 3. 4. MECHANICAL ACTS: Paraffin test DNA test Examination of physical body Fingerprinting Being asked to step on a footprint to compare foot size NOT MECHANICAL: Handwriting Initials on marked money Signing of inventory receipts in search warrant (see People vs. Go) Reenactment

RIGHT TO INDEPENDENT AND COMPETENT COUNSEL - absolute, even if accused himself is a lawyer Independent - counsel is not hampered with any conflicts of interest Competent - counsel who is vigilant in protecting the rights of accused Accused must be apprised of his rights under custodial investigation

People vs. Obrero, G.R. No. 122142, May 17, 2000 Extrajudicial confessions are presumed voluntary, and, in the absence of conclusive evidence showing the declarants consent in executing the same has been vitiated, such confession will be sustained. xxx But what renders the confession of accused-appellant inadmissible is the fact that accused-appellant was not given the Miranda warnings effectively. Under the Constitution, an uncounseled statement, such as it is called in the United States from which Art. III, 12(1) was derived, is presumed to be psychologically coerced. Swept into an unfamiliar environment and surrounded by intimidating figures typical of the atmosphere of police interrogation, the suspect really needs the guiding hand of counsel. Now, under the first paragraph of this provision, it is required that the suspect in custodial interrogation must be given the following warnings: (1) He must be informed of his right to remain silent; (2) he must be warned that anything he says can and will be used against him; and (3) he must be told that he has a right to counsel, and that if he is indigent, a lawyer will be appointed to represent him. Mere Perfunctory Reading of Miranda Warnings not Enough There was thus only a perfunctory reading of the Miranda rights to accused-appellant without any effort to find out from him whether he wanted to have counsel and, if so, whether he had his own counsel or he wanted the police to appoint one for him. This kind of giving of warnings, in several decisions[16] of this Court, has been found to be merely ceremonial and inadequate to transmit meaningful information to the

6 suspect. Especially in this case, care should have been scrupulously observed by the police investigator that accused-appellant was specifically asked these questions considering that he only finished the fourth grade of the elementary school. xxx Independent Counsel Moreover, Art. III, 12(1) requires that counsel assisting suspects in custodial interrogations be competent and independent. Here, accused-appellant was assisted by Atty. De los Reyes, who, though presumably competent, cannot be considered an "independent counsel" as contemplated by the law for the reason that he was station commander of the WPD at the time he assisted accused-appellant. NOTA BENE: The right to counsel attaches upon investigation, that is, when the investigation officer starts to ask question to elicit information or confession or admission. In case of waiver of rights, the same must be done in writing and in the presence of counsel. A legal officer of a city cannot qualify as independent counsel. As to who has burden of proving the voluntariness of the confession and that the constitutional safeguards have been complied with, the prosecution has the burden of proof. If admission is made before a private person, then it is admissible even if done without assistance of counsel.

SECTION 13 Right to Bail - Available whether or not the case has already been filed for as long as the person has been denied his liberty or otherwise deprived thereof - A mode to ensure the attendance of the accused at his trial

2 KINDS OF BAIL: Bail Bond > Cash money, not check > Property real property, not personal property (because value depreciates); annotated in the title > Surety similar to insurance Recognizance GENERAL RULE: Available to all persons, not exclusively to those already formally charged of a crime. Any person who is under detention and custody and deprived of his liberty may avail himself of this right. EXCEPTIONS:

1. Reclusion perpetua, life imprisonment, and death when evidence of guilt is strong 2. Military men facing charges before court martial 3. Recidivists, habitual delinquents, quasi-recidivists, person who violated his probation or parole, even if penalty is less than six years 4. Extradition or deportation proceedings 5. Contempts in legislative inquiry RIGHTS INCLUDED: Right to a hearing, which may be summary and does not have to be separate and distinct from the trial itself Prosecution has right to present evidence if this is denied, the grant of bail is void

7 1. 2. 3. WHEN A MATTER OF RIGHT: MTC - before and after conviction (less than 6 years imprisonment) RTC - before conviction, below reclusion perpetua and even if evidence of guilt is strong Minority - even if reclusion perpetua or death and evidence of guilt is strong; a privileged mitigating circumstance (lower by two degrees, the highest penalty that can be imposed is only reclusion temporal) 4. Reclusion Perpetua or higher if evidence of guilt is not strong NOTA BENE: If the accused is convicted and penalty of more than 6 years imprisonment is imposed, the trial court should cancel the bail, if he has been provisionally released. It becomes discretionary only upon the court whether to grant the accused provisional liberty on the same bail bond. When the charge is punishable by reclusion perpetua or higher, hearing for grant of bail is mandatory to comply with due process of law. The prosecution should also be allowed to present evidence. WHEN A MATTER OF DISCRETON: 1. RTC - after conviction, below reclusion perpetua but more than 6 years imprisonment 2. Reclusion Perpetua or death - before conviction 3. Minority - after conviction for more than 6 years imprisonment 4. CA - accused was charged with murder but was convicted with homicide, which conviction was appealed to the CA; the trial court should deny bail but the CA has discretion whether to let the accused out on provisional liberty WHEN BAIL SHALL BE DENIED: 1. MTC - recidivist, habitual delinquent, quasi-recidivist, violated parole or probation 2. RTC - charged with reclusion perpetua and evidence of guilt is strong, even if convicted of lesser penalty; 3. or after conviction for offense punishable by death or reclusion perpetua Habeas Corpus vis--vis Bail; When Bail may be Cancelled

Mendoza vs. CFI, G.R. No. L-35612-14, June 27, 1973 Habeas Corpus: When it is available Habeas corpus could be invoked by petitioner if he were able to show the illegality of his detention. There is aptness and accuracy in the characterization of the writ of habeas corpus as the writ of liberty. Rightfully it is latitudinarian in scope. It is wide-ranging and all embracing in its reach. It can dig deep into the facts to assure that there be no toleration of illegal restraint. Detention must be for a cause recognized by law. The writ imposes on the judiciary the grave responsibility of ascertaining whether a deprivation of physical freedom is warranted. This it has to discharge without loss of time. The party who is keeping a person in custody has to produce him in court as soon as possible. What is more, he must justify the action taken. Only if it can be demonstrated that there has been no violation of one's right to liberty will he be absolved from responsibility. Unless there be such a showing, the confinement must thereby cease. Remedy of Habeas Corpus not available when there is Warrant of Arrest The above formulation of what is settled law finds no application to the present situation. Petitioner's deprivation of liberty is in accordance with a warrant of arrest properly issued after a determination by the judge in compliance with the constitutional provision requiring the examination under oath or affirmation of the complainant and the witnesses produced. No allegation to the contrary may be entertained. It cannot be denied that petitioner's co-accused, Nelso Unal, Hermogenes Lumanglas and Leopoldo Trinidad, had previously come to this court to challenge the filing of one information where there were three victims. Accordingly, this Court, in Unal v. People, required three separate amended informations. There was no question, however, as

8 to the legality of the warrants of arrest previously issued, not only in the case of the parties in such petition, but likewise of petitioner. Habeas corpus, under the circumstances, would not therefore lie." Extradition Proceedings: Due Process and Right to Bail

Govt. of the USA vs. Purganan, G.R. No. 148571, Sept. 24, 2002 FACTS: Pursuant to the existing RP-US Extradition Treaty, the US Government requested the extradition of Mark Jimenez. A hearing was held to determine whether a warrant of arrest should be issued. Afterwards, such warrant was issued but the trial court allowed Jimenez to post bail for his provisional liberty. ISSUE: Whether or not extraditee is entitled to notice and hearing before issuance of warrant of arrest Whether or not the right to bail is available in extradition proceedings RULING: Five Postulates of Extradition 1. Extradition Is a Major Instrument for the Suppression of Crime. First, extradition treaties are entered into for the purpose of suppressing crime by facilitating the arrest and the custodial transfer of a fugitive from one state to the other. With the advent of easier and faster means of international travel, the flight of affluent criminals from one country to another for the purpose of committing crime and evading prosecution has become more frequent. Accordingly, governments are adjusting their methods of dealing with criminals and crimes that transcend international boundaries. Today, a majority of nations in the world community have come to look upon extradition as the major effective instrument of international co-operation in the suppression of crime.[30] It is the only regular system that has been devised to return fugitives to the jurisdiction of a court competent to try them in accordance with municipal and international law. xxx Indeed, in this era of globalization, easier and faster international travel, and an expanding ring of international crimes and criminals, we cannot afford to be an isolationist state. We need to cooperate with other states in order to improve our chances of suppressing crime in our own country. 2. The Requesting State Will Accord Due Process to the Accused Second, an extradition treaty presupposes that both parties thereto have examined, and that both accept and trust, each others legal system and judicial process. More pointedly, our duly authorized representatives signature on an extradition treaty signifies our confidence in the capacity and the willingness of the other state to protect the basic rights of the person sought to be extradited. That signature signifies our full faith that the accused will be given, upon extradition to the requesting state, all relevant and basic rights in the criminal proceedings that will take place therein; otherwise, the treaty would not have been signed, or would have been directly attacked for its unconstitutionality. 3. The Proceedings Are Sui Generis Third, as pointed out in Secretary of Justice v. Lantion, extradition proceedings are not criminal in nature. In criminal proceedings, the constitutional rights of the accused are at fore; in extradition which is sui generis -- in a class by itself -- they are not. An extradition [proceeding] is sui generis. It is not a criminal proceeding which will call into operation all the rights of an accused as guaranteed by the Bill of Rights. To begin with, the process of extradition does not involve the determination of the guilt or innocence of an accused. His guilt or innocence will be adjudged in the court of the state where he will be extradited. Hence, as a rule, constitutional rights that are only relevant to determine the guilt or innocence of an accused cannot be invoked by an extraditee x x x. 4. Compliance Shall Be in Good Faith. 5. There Is an Underlying Risk of Flight Fifth, persons to be extradited are presumed to be flight risks. This prima facie presumption finds reinforcement in the experience of the executive branch: nothing short of confinement can ensure that the

9 accused will not flee the jurisdiction of the requested state in order to thwart their extradition to the requesting state. Due Process Is an extraditee entitled to notice and hearing before the issuance of a warrant of arrest? It is significant to note that Section 6 of PD 1069, our Extradition Law, uses the word immediate to qualify the arrest of the accused. This qualification would be rendered nugatory by setting for hearing the issuance of the arrest warrant. Hearing entails sending notices to the opposing parties, receiving facts and arguments from them, and giving them time to prepare and present such facts and arguments. Arrest subsequent to a hearing can no longer be considered immediate. The law could not have intended the word as a mere superfluity but, on the whole, as a means of imparting a sense of urgency and swiftness in the determination of whether a warrant of arrest should be issued. By using the phrase if it appears, the law further conveys that accuracy is not as important as speed at such early stage. The trial court is not expected to make an exhaustive determination to ferret out the true and actual situation, immediately upon the filing of the petition. From the knowledge and the material then available to it, the court is expected merely to get a good first impression -- a prima facie finding -- sufficient to make a speedy initial determination as regards the arrest and detention of the accused. xxx Even Section 2 of Article III of our Constitution, which is invoked by Jimenez, does not require a notice or a hearing before the issuance of a warrant of arrest. It provides: To determine probable cause for the issuance of arrest warrants, the Constitution itself requires only the examination -- under oath or affirmation -- of complainants and the witnesses they may produce. There is no requirement to notify and hear the accused before the issuance of warrants of arrest. xxx Right to Bail Extradition Different from Ordinary Criminal Proceedings We agree with petitioner. As suggested by the use of the word conviction, the constitutional provision on bail quoted above, as well as Section 4 of Rule 114 of the Rules of Court, applies only when a person has been arrested and detained for violation of Philippine criminal laws. It does not apply to extradition proceedings, because extradition courts do not render judgments of conviction or acquittal. Moreover, the constitutional right to bail flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom as thereafter he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt. It follows that the constitutional provision on bail will not apply to a case like extradition, where the presumption of innocence is not at issue. The provision in the Constitution stating that the right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended does not detract from the rule that the constitutional right to bail is available only in criminal proceedings. It must be noted that the suspension of the privilege of the writ of habeas corpus finds application only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. Hence, the second sentence in the constitutional provision on bail merely emphasizes the right to bail in criminal proceedings for the aforementioned offenses. It cannot be taken to mean that the right is available even in extradition proceedings that are not criminal in nature. That the offenses for which Jimenez is sought to be extradited are bailable in the United States is not an argument to grant him one in the present case. To stress, extradition proceedings are separate and distinct from the trial for the offenses for which he is charged. He should apply for bail before the courts trying the criminal cases against him, not before the extradition court. Exceptions to the No Bail Rule The rule, we repeat, is that bail is not a matter of right in extradition cases. However, the judiciary has the constitutional duty to curb grave abuse of discretion and tyranny, as well as the power to promulgate rules

10 to protect and enforce constitutional rights. Furthermore, we believe that the right to due process is broad enough to include the grant of basic fairness to extraditees. Indeed, the right to due process extends to the life, liberty or property of every person. It is dynamic and resilient, adaptable to every situation calling for its application. Accordingly and to best serve the ends of justice, we believe and so hold that, after a potential extraditee has been arrested or placed under the custody of the law, bail may be applied for and granted as an exception, only upon a clear and convincing showing (1) that, once granted bail, the applicant will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein. Since this exception has no express or specific statutory basis, and since it is derived essentially from general principles of justice and fairness, the applicant bears the burden of proving the above two-tiered requirement with clarity, precision and emphatic forcefulness. The Court realizes that extradition is basically an executive, not a judicial, responsibility arising from the presidential power to conduct foreign relations. In its barest concept, it partakes of the nature of police assistance amongst states, which is not normally a judicial prerogative. Hence, any intrusion by the courts into the exercise of this power should be characterized by caution, so that the vital international and bilateral interests of our country will not be unreasonably impeded or compromised. In short, while this Court is ever protective of the sporting idea of fair play, it also recognizes the limits of its own prerogatives and the need to fulfill international obligations. Bail is a Matter of Discretion on the part of Appellate Court Obosa vs. CA, G.R. No. 144350, Jan. 16, 1997 The Purpose of Bail `` In the case of De la Camara vs. Enage, we analyzed the purpose of bail and why it should be denied to one charged with a capital offense when evidence of guilt is strong: SECTION 14 Right to Due Process, to be Presumed Innocent, Speedy Trial DUE PROCESS - procedural, not substantive - procedure established by law for the prosecution of offenses must be followed STEPS: 1. Preliminary examination by judge to determine probable cause for issuance of warrant of arrest 2. Arrest and interrogation by authorities 3. Preliminary investigation by the prosecutor to determine probable cause for purposes of filing information 4. Filing of information in court 5. Arraignment 6. Preliminary conference 7. Pre-trial conference 8. Presentation of evidence by prosecution 9. Presentation of evidence by defense 10. Rebuttal 11. Offer of evidence 12. Decision 13. Promulgation of judgment

11 NOTA BENE: The absence of preliminary investigation does not impair the validity of a criminal information, nor does it otherwise render it defective, neither does it affect the jurisdiction of the court over the case. PRESUMPTION OF INNOCENCE Burden of proof lies on his accusers to prove him guilty Equiponderance of Evidence (Equipoise Doctrine) when preponderance of evidence is at equipoise, court will find for the defendant; when the scale stand at an equipoise and there is nothing in evidence to incline it either way, the court shall rule against the party who has the burden of proof Proof beyond reasonable doubt not to be equated with absolute certainty; moral certainty, or that degree of proof which produces conviction in an unprejudiced mind Prosecution has Burden of Proof People vs. Austria, G.R. No. L-55109, April 8, 1991 It is axiomatic that conviction should be made on the basis of a strong, clear and compelling evidence (People v. Tulagan, 143 SCRA 107 [1986]. Thus, "if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the tests of moral certainty and is not sufficient to support a conviction" (People v. Ale, 145 SCRA 64 [1986]; People v. Modesto, 25 SCRA 36 [1968]). To overcome the presumption of innocence, proof beyond reasonable doubt is needed. Thus, in People v. Dramayo, 42 SCRA 60 [1971], this Court held: Accusation is not, according to the fundamental law, synonymous with guilt; the prosecution must overthrow the presumption of innocence with proof of guilt beyond reasonable doubt. To meet this standard, there is need for the most careful scrutiny of the testimony of the state, both oral and documentary, independently of whatever defense is offered by the accused. Only if the judge below and the appellate tribunal could arrive at a conclusion that the crime had been committed precisely by the person on trial under such an exacting test should the sentence be one of conviction. It is thus required that every circumstance favoring his innocence be duly taken into account. The proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment. Presumption of Innocence vs. Presumption of Regularity of Performance of Official Duty People vs. Briones, G.R. No. 113498, Jan. 16, 1997 The foregoing circumstances militate against affirming appellant's conviction. For the same reason, we can not stamp with approval the trial court's undue reliance with the presumption of regularity in the performance of duty. While SPO1 Alilio is presumed to have regularly performed his official duty, this presumption alone cannot by itself support a judgment of conviction. Indeed, under our Constitution, an accused, no matter how despicable the crime for which he may have been charged, still enjoys the presumption of innocence. And this presumption prevails over the presumption of regularity of the performance of official duty. Nor can it be overcome by just an ordinary proof to the contrary for to convict an accused, no less and nothing more than proof beyond reasonable doubt is necessary. In this case, the threshold issue is whether or not the guilt of the appellant has been established by this required quantum of proof? We rule in the negative. Accordingly, we reverse his conviction based on reasonable doubt. Equipoise Doctrine Corpuz vs. People, G.R. No. 74259, Feb. 14, 1991 The equipoise rule invoked by the petitioner is applicable only where the evidence of the parties is evenly balanced, in which case the constitutional presumption of innocence should tilt the scales in favor of the

12 accused. There is no such equipoise here. The evidence of the prosecution is overwhelming and has not been overcome by the petitioner with his nebulous claims of persecution and conspiracy. The presumed innocence of the accused must yield to the positive finding that he malversed the sum of P50,310.87 to the prejudice of the public whose confidence he has breached. His conviction must be affirmed.

RIGHT TO BE HEARD Right to be present at the trial 1. accused has an absolute right to be personally present during the entire proceedings from arraignment to sentence, if he so desires 2. limited only to trial court proceedings and only to the actual trial therein, not to appellate proceedings or proceedings subsequent to the entry of final judgment, looking only to the execution of the sentence GENERAL RULE: Accused may waive his right to be present during trial. EXCEPTIONS: (Presence of Accused is Mandatory) 1. Arraignment and plea presence of lawyer is also indispensable 2. during trial, for identification 3. during the promulgation of sentence, unless for a light offense wherein the accused may appear by counsel or a representative NOTA BENE: 1. If the judgment is one of acquittal, the accused need not be present. 2. If the judgment is conviction but for a light offense, the accused need not be present. 3. If the judgment is conviction and the offense is grave, the presence of the accused is mandatory. 4. If trial in absentia and judgment is rendered, it will be promulgated even without presence of accused but he will be furnished with copies sent to his last known address. 5. If appeal, presence of the accused is not necessary. It is the duty of the appellate court to appoint counsel, whose presence is indispensable. Right to counsel if the accused appears without an attorney, he must be informed by the court of such right before being arraigned, and must be asked if he desires to have the aid of counsel if he cant afford one, a counsel de officio shall be appointed for him the indispensable aid of counsel continues even at the stage of appeal not waivable the right to be represented by counsel is ABSOLUTE, but the option of the accused to hire one of his own choice is LIMITED

1. 2. 3. 4. 5.

Right to an impartial judge a judge who had conducted the preliminary investigation and made a finding of probable cause is not disqualified from trying the case, in the absence of evidence of partiality Right of confrontation available only during trial, not during preliminary investigation REASON: so defendant may make objection to the witness or so witness may identify him right to cross-examine if the defense counsel deferred cross-examination of the prosecution witness and then this witness dies, accused cannot anymore ask the witness direct examination to be expunged from the records since the denial of the right to confrontation is through no fault of plaintiff EXCEPTIONS: 1. Dying Declaration 2. Trial in absentia - REQUISITES: (1) accused has been arraigned; (2) accused has been duly notified of the date of trial; (3) failure of the accused to appear is unjustified

13 Depositions - witness is dead, insane or otherwise cannot be found, with due diligence, in the Philippines Right to compulsory processes 2 KINDS OF SUBPOENA: Ad testificandum - to compel a witness to attend and testify Duces Tecum - to compel a person having under his control documents or papers relevant to the case to bring such items to court during trial RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION 1. presence of accused is indispensable during arraignment and promulgation of judgment of conviction 2. after arraignment, only formal amendments to the Information may be granted by court 3. not waivable 4. description, not designation of the offense, controls 5. all the attending aggravating and qualifying circumstances must be alleged in the Information and proved during trial; EXCEPT: for purposes of proving moral damages only, then it is allowed to be proved even if not alleged RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL - available in every criminal prosecution Speedy - there is no fixed criterion in our statues to determine with precision the time for speedy trial. As soon as after indictment as the prosecution can with reasonable diligence prepare for it. It means a trial free from vexatious, capricious, and oppressive delays. But justice and fairness, not speed, are the objectives NOTA BENE: If the accused is acquitted on ground of denial of his right to speedy trial, it is a judgment on the merits and therefore, first jeopardy attaches. Impartial - cold neutrality of an impartial judge; absence of bias or prejudice Public - open to the free observation of all - EXCEPT: evidence to be adduced at the trial is of such character as to be offensive to decency and public morals SECTION 16 Right to Speedy Disposition of Cases Sec. 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. **Covers all phases of any judicial, quasi-judicial or administrative proceedings, including custodial and preliminary investigation of an accused. Speedy is a relative term and must be a flexible concept. The circumstances of each case must be weighed carefully to find out whether there has been a speedy disposition Inordinate Delay in Preliminary Investigation Violative, Exception to the Rule Tatad vs. Sandiganbayan, G.R. No. 72335-39, March 21, 1988 Delay in Preliminary Investigation, Not Violative Santiago vs. Garchitorena, G.R. No. L-109266, Dec. 2, 1993 Petitioner cannot complain that her constitutional rights to due process were violated by reason of the delay in the termination of the preliminary investigation.

14 SECTION 17 Right Against Self-Incrimination

Sec. 17: No person shall be compelled to be a witness against himself. Available both before or during criminal prosecution Accused is competent to testify in his behalf, but he is entitled to the right not to testify as a witness against himself. He cannot be compelled to incriminate himself; that is, to say or do anything that can be used against himself Accused can invoke this right from the beginning; however in case of witness, he can invoke this right only when the questions start to become incriminating RATIONALE: Public policy Humanity GENERAL RULE: The accused cannot be compelled to testify against his co-accused under the theory that the act of one is the act of all. EXCEPTIONS: If he is discharged as a state witness After he is convicted or acquitted By trying him separately instead of jointly with his other co-accused

SECTION 19 Right Against Excessive Fines and Cruel, Degrading or Inhuman Punishment Excessive fines flagrantly disproportionate to the offense no matter what circumstances the offense was committed Cruel and unusual punishment in its form; duration or amount; in flagrant disproportion between the offense and the punishment Double Jeopardy two perils or dangers of being tried and punished 2 KINDS: 1.Same Offense (First sentence of Sec. 21) REQUISITES: 1. First jeopardy 2. A valid complaint and information 3. A court of competent jurisdiction 4. Arraignment and valid plea 5. First jeopardy has been terminated 6. Second jeopardy for the same offense includes an attempt or frustration of the same offense or it necessarily includes or is necessarily included in the other Terminated either by conviction, acquittal or dismissal upon the merit without consent of the accused CONVICTION: a judgment declaring the accused guilty of the offense charged and imposing upon him the penalty provided by law; accused may appeal and this is not double jeopardy ACQUITTAL: a termination of the case based upon the merits of the issue; prosecution cannot appeal anymore DISMISSAL: a termination of the case other than upon the merits thereof; first jeopardy only attaches if dismissal without consent of accused

15

NOTA BENE: Consent means approval, acquiescence, conformity, agreement, etc. Mere silence of the accused should not be construed as consent. Even if the motion to dismiss was filed by the accused, the dismissal is equivalent to acquittal if it is grounded on (1) insufficiency of evidence (demurrer to evidence after prosecution has rested its case); (2) denial of the right to speedy trial Supervening Facts when the second offense was not in existence when the first offense was charged and tried, then another information may be filed or the present information may be amended (substantial) 2. Act Punished by a Law and Ordinance (Second sentence of Sec. 21) this will only apply if the accused has been either convicted or acquitted if the case was only dismissed not upon the merits, the prosecution may refile

Provisional Dismissal People vs. Lacson, G.R. No. 149453, April 1, 2003 Section 8, Rule 117 of the Revised Rules of Criminal Procedure reads: Sec. 8. Provisional dismissal. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived. Having invoked said rule before the petitioners-panel of prosecutors and before the Court of Appeals, the respondent is burdened to establish the essential requisites of the first paragraph thereof, namely: 1. the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case; 2. the offended party is notified of the motion for a provisional dismissal of the case; 3. the court issues an order granting the motion and dismissing the case provisionally; 4. the public prosecutor is served with a copy of the order of provisional dismissal of the case. The foregoing requirements are conditions sine qua non to the application of the time-bar in the second paragraph of the new rule. The raison d etre for the requirement of the express consent of the accused to a provisional dismissal of a criminal case is to bar him from subsequently asserting that the revival of the criminal case will place him in double jeopardy for the same offense or for an offense necessarily included therein. Although the second paragraph of the new rule states that the order of dismissal shall become permanent one year after the issuance thereof without the case having been revived, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution without the criminal case having been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal. Express consent to a provisional dismissal is given either viva voce or in writing. It is a positive, direct, unequivocal consent requiring no inference or implication to supply its meaning. Where the accused writes on the motion of a prosecutor for a provisional dismissal of the case No objection or With my conformity, the writing amounts to express consent of the accused to a provisional dismissal of the case. The mere inaction or

16 silence of the accused to a motion for a provisional dismissal of the case or his failure to object to a provisional dismissal does not amount to express consent. A motion of the accused for a provisional dismissal of a case is an express consent to such provisional dismissal. If a criminal case is provisionally dismissed with the express consent of the accused, the case may be revived only within the periods provided in the new rule. On the other hand, if a criminal case is provisionally dismissed without the express consent of the accused or over his objection, the new rule would not apply. The case may be revived or refiled even beyond the prescribed periods subject to the right of the accused to oppose the same on the ground of double jeopardy or that such revival or refiling is barred by the statute of limitations. The case may be revived by the State within the time-bar either by the refiling of the Information or by the filing of a new Information for the same offense or an offense necessarily included therein. There would be no need of a new preliminary investigation. However, in a case wherein after the provisional dismissal of a criminal case, the original witnesses of the prosecution or some of them may have recanted their testimonies or may have died or may no longer be available and new witnesses for the State have emerged, a new preliminary investigation must be conducted before an Information is refiled or a new Information is filed. A new preliminary investigation is also required if aside from the original accused, other persons are charged under a new criminal complaint for the same offense or necessarily included therein; or if under a new criminal complaint, the original charge has been upgraded; or if under a new criminal complaint, the criminal liability of the accused is upgraded from that as an accessory to that as a principal. The accused must be accorded the right to submit counter-affidavits and evidence. After all, the fiscal is not called by the Rules of Court to wait in ambush; the role of a fiscal is not mainly to prosecute but essentially to do justice to every man and to assist the court in dispensing that justice. In this case, the respondent has failed to prove that the first and second requisites of the first paragraph of the new rule were present when Judge Agnir, Jr. dismissed Criminal Cases Nos. Q-99-81679 to Q99-81689. Irrefragably, the prosecution did not file any motion for the provisional dismissal of the said criminal cases. xxx xxx Since the conditions sine qua non for the application of the new rule were not present when Judge Agnir, Jr. issued his resolution, the State is not barred by the time limit set forth in the second paragraph of Section 8 of Rule 117 of the Revised Rules of Criminal Procedure. The State can thus revive or refile Criminal Cases Nos. Q99-81679 to Q-99-81689 or file new Informations for multiple murder against the respondent. Sec. 22: No ex post facto law or bill of attainder shall be enacted. Ex post facto law one that punishes an act which was not punishable when committed; or aggravates a crime or makes it greater than when committed; or changes the laws on evidence so that lesser evidence is needed for conviction than when the act was done Bill of Attainder a law which inflicts punishment without benefit of judicial trial ELEMENTS OF EX POST FACTO LAW: 1. Penal 2. Retroactive 3. Disadvantageous to the accused 4. Must take from the accused any right that was regarded, at the time of the adoption of the constitution as vital for the protection of life and liberty and which he enjoyed at the time of the commission of the offense charged against him ELEMENTS OF BILL OF ATTAINDER: 1. There is a law

17 2. The law imposes a penal burden on a specified individual or an easily ascertainable members of a group 3. The penal burden is imposed directly by the law without judicial trial