Topic Article Concept

Par 1 - Right to remain silent

Right to have competent and
Sec 12, Art 3, 1987 independent counsel
Consti Right to be informed of the
abovementioned rights (cannot be
1. Rights of the
waived)
Accused under
R.A. 7438 (AN ACT Sec 2 (f) Right to conference
Custodial
DEFINING CERTAIN
Investigation
RIGHTS OF PERSON Sec 2 (d) - The attestation to be done by
ARRESTED, DETAINED these persons may only be had or may
OR UNDER only confer validity to the written extra-
CUSTODIAL judicial confession IF THE ABSENCE OF A
INVESTIGATION) LAWYER IS UPON A VALID WAIVER.
If any of the rights of the accused under
2. Effect of custodial investigation are violated, any
violation of the extrajudicial confessions thereto are
Sec 12 (3), Art 3,
rights under inadmissible in evidence in court.
1987 Consti
custodial However, the accused must make a timely
investigation objection in order for such extrajudicial
confession to be inadmissible as evidence.
GR: May be availed by all persons before
conviction (this provision applies only to
criminal cases). They may be bailed by
sufficient sureties or be released on
recognizance as may be provided by law.
XPN: Except those persons charged with
Sec 13, Art 3, 1987 offenses punishable by reclusion perpetua
3. Right to Bail
Consti AND when the evidence of guilt is strong.

GR: All persons who are detained can

apply for bail as a matter of right
XPN: Except as provided for by
jurisprudence and law, where bail is a
matter of discretion
a. Right to be presumed innocent until
proven otherwise
b. Right to be heard by himself and
counsel
c. Right to be informed of the nature
and cause of the accusation against
him
4. RIGHT OF THE d. Right to speedy, impartial, and
Sec 14, Art 3, 1987
ACCUSED public trial
Consti
UNDER TRAIL e. Right to meet the witnesses face to
face
f. Right to have compulsory process to
secure the attendance of witnesses
and the production of evidence in
his behalf
g. Right not to be present in all stages
of the case
5. SUSPENSION
OF THE
Sec 15, Art 3, 1987
PRIVELGE OF
Consti
HABEAS
CORPUS
 6. RIGHT TO Sec 16, Art 3, 1987
SPEEDY TRIAL Consti
-This is the right of the accused during trial
to remain silent or to refuse to answer
self-incriminating questions

-Invoked by accused by not taking the

witness stand. The moment the accused
takes the witness stand, this right is
deemed waived.
7. RIGHT AGAINST
Sec 17, Art 3, 1987
SELF- -May be invoked by a witness only when
Consti
INCRIMINATION an incriminating question is being asked
against him.

-This right is limited only against the

compulsion or extortion from the accused
of any evidence that is
communicative/testimonial in nature (an
act which involves mental activity), which
may be prejudicial against him.

8.