RIGHTS OF AN ACCUSED

Before Criminal Prosecution: (before arraignment)

Right to due process (Sec. 14(1))

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:
1. Restrictive View - limited to in-custody interrogations as when the accused has been
arrested and brought to the custody of the police for questioning
2. 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:

Police line-up, or during process of identification

Spontaneous statement not elicited through questioning, but given in an ordinary manner
(spur-of-the-moment statements) res gestae

Volunteered statements

Extrajudicial admission to the prosecutor or a private person

Investigation made by a citizen or private security officer

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 ^_^)
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

SECTION 13
Right to Bail
Sec. 13: 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.

- 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:

Reclusion perpetua, life imprisonment, and death when evidence of guilt is strong

Military men facing charges before court martial

Recidivists, habitual delinquents, quasi-recidivists, person who violated his probation or parole, even if
penalty is less than six years

Extradition or deportation proceedings

Contempts in legislative inquiry

RIGHTS INCLUDED:
1. Right to a hearing, which may be summary and does not have to be separate and distinct
from the trial itself
2. Prosecution has right to present evidence if this is denied, the grant of bail is void
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)

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:

RTC - after conviction, below reclusion perpetua but more than 6 years imprisonment

Reclusion Perpetua or death - before conviction

Minority - after conviction for more than 6 years imprisonment

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:

MTC - recidivist, habitual delinquent, quasi-recidivist, violated parole or probation

RTC - charged with reclusion perpetua and evidence of guilt is strong, even if convicted of lesser
penalty; or after conviction for offense punishable by death or reclusion perpetua
SECTION 14
Right to Due Process, to be Presumed Innocent, Speedy Trial
Sec. 14: (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.

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

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

RIGHT TO BE HEARD
Right to be present at the trial

accused has an absolute right to be personally present during the entire proceedings from
arraignment to sentence, if he so desires

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)

Arraignment and plea presence of lawyer is also indispensable

during trial, for identification

during the promulgation of sentence, unless for a light offense wherein the accused may appear by counsel
or a representative

NOTA BENE:

If the judgment is one of acquittal, the accused need not be present.

If the judgment is conviction but for a light offense, the accused need not be present.

If the judgment is conviction and the offense is grave, the presence of the accused is
mandatory.

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.

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

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
3. Depositions - witness is dead, insane or otherwise cannot be found, with due diligence, in
the Philippines
Right to compulsory processes
2 KINDS OF SUBPOENA:
1. Ad testificandum - to compel a witness to attend and testify
2. 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

presence of accused is indispensable during arraignment and promulgation of judgment

of conviction

after arraignment, only formal amendments to the Information may be granted by court

not waivable

description, not designation of the offense, controls

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 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:
1. Public policy
2. 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
Sec. 19: (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use
of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

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
SECTION 21
Right Against Double Jeopardy
Sec. 21: No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law
and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Double Jeopardy two perils or dangers of being tried and punished

2 KINDS:
1.Same Offense (First sentence of Sec. 21)
REQUISITES:

First jeopardy

A valid complaint and information

A court of competent jurisdiction

Arraignment and valid plea

First jeopardy has been terminated

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

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 re-file

speedy disposition
SECTION 22
No Ex Post Facto Law or Bill of Attainder
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
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