Mark Joseph DS. Sta. rosa

year: 1987

Article IIIBill of Rights

STI College Meycauayan

Section 11

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.


Section 12 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.


Section 12

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.


Section 12 Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.


Section 13All 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.


Section 14

No person shall be held to answer for a criminal offense without due process of law.


Section 14 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.


Section 14However, 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.


Section 15

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.


Section 16

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.


Miranda Rights A person needs to be given Miranda

rights prior to custodial interrogation. A person doesn’t need to be under arrest to be considered custodial. The police do not need to give Miranda rights to you prior to you being in custody. The fact that you were given Miranda rights doesn’t mean that you were under arrest. At any point during the police interrogation, you are allowed to assert your Miranda rights.


The Miranda Rights

1. You have the right to remain silent 2. If you give up right to remain silent anything

you say can and will be used against you in court of law

3. You have right to talk to lawyer before we talk to you and have him present while we talk to you

4. If you cannot afford to hire an attorney one will be appointed to represent you prior to questioning.


If the police do not properly give you Miranda rights prior to custodial interrogation, then the statements that you made can be suppressed. If your statements are suppressed then they cannot be used against you in the court of law. The mere fact that your Miranda rights were violated does not mean that your case will be dismissed. Miranda rights violations only go to the admissibility of your statements in court. If you have been arrested, it is not a good idea to talk to the police without a lawyer present.


You can assert your Miranda rights by stating

1. I don’t want to talk to you 2. I want to talk to my lawyer 3. I have nothing to tell you 4. I choose to exercise my Miranda rights 5. I assert my 5th amendment

Philippine’s ConstitutionArticle III

Bill of Rights

by: Mark Joseph D.S. Sta. RosaBSIT-41a

Mark Joseph DS. Sta. rosa

Education

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