They are the (civil) rights intended for the

protection of a person accused of any crime, like the right against unreasonable search and seizure, the right to presumption of innocence, the right to a speedy, impartial, and public trial, and the right against cruel, degrading, or inhuman punishment. The provisions (Secs. 11-22) particularly and directly dealing with this rights are discussed subsequently.

 Free access to the courts and quasi-

judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Briefly, they may be enumerated as follows: 1. The right to adequate legal assistance; 2. The right, when under investigation for the commission of offense, to be informed of his right to remain silent and to have counsel; 3. The right against the use of torture, force, violence, threat, intimidation or any other means which vitiates the free will;

4.

5. 6. 7.

8.
9.

The right against being held in secret, incommunicado, or similar forms of solitary detention; The right to bail and against excessive bail; The right to due process of law; The right to presumption of innocence; The right to be heard by himself and counsel; The right to be informed of the nature and cause of the accusation against him;

10. The right to have a speedy, impartial, and

public trial; 11. The right to meet the witnesses 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 crimes; and 18. The right against double jeopardy.

 There are several reasons underlying the

tenderness of our Constitution on the subject of the rights of an accused. 1) A criminal case, an unequal contest. 2) Criminal accusation, a very serious matter. 3) Protection of innocence, the underlying purpose

 The guarantees of due process and equal

protection of the laws assure all persons like access to the courts as well as quasi-judicial bodies of the country for the protection of their persons and property, the prevention and redress of wrongs and the enforcement of contracts. But such guarantees are futile if the persons are prevented from going to courts on account of their poverty.

 It may not be sufficient to just grant the rights

of a pauper to poor litigants. The State has also the constitutional duty to provide free and adequate legal assistance to citizens when by reason of indigence or lack of financial means, they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil, criminal, or administrative cases.

 (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 on his own choice. If the person cannot afford the services of counsel, he must be provided with one. These right 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 here of shall be inadmissible in evidence against him.

 (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.

Any person under criminal investigation for the commission of an offense shall have the right: 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, threat, intimidation, or any other means which vitiates the free will; and 4. Against being held in secret, solitary, incommunicado, or other similar form of detention.

 To give force and meaning to the

constitutional provision, any confession obtained in violation of any of the above rights is declared inadmissible in evidence before any proceeding and violators shall be subject to penal and civil sanctions to be provided by law. For humanitarian reasons, such law to be enacted by Congress shall provide compensation for and rehabilitation of victims of torture or similar practices, and their families.

Section 12 provides the procedural safeguards to secure the rights of the accused particularly the privilege against self-incrimination of persons under arrestor in custody of law enforcement officers. The word under investigation includes custodial interrogation or investigation where the proceeding is not a mere general inquiry into a alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation.

 These rights are thus available the moment an

arrest or detention, with or without warrant, is made. The authorities must insure that the accused is apprised of his rights that they are availed of by him.

 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 the 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 requhired.

 Bail is the security required by the court given

for the provisional or temporary release of a person who is in the custody of the conditioned upon his appearance before any court as required under the conditions specified.

 (1)The purpose of requiring bail is to relieve

an accused from imprisonment until his conviction and yet secure his appearance at the trial. The right to bail is granted because in all criminal prosecutions, the accused is presumed innocent. (2)It may be in the form of cash deposit, property bond, bond secured from surety company, or recognizance.

 The right to bail is available to any person

arrested, detained or otherwise deprived of his liberty whether or not an information(criminal complaint) has been filed against him. (1)it cannot be invoked where the applicant is
(2)It also not available to one charged with

not yet in custody of the law

capital offense or an offense punishable by reclusion perpetua, life imprisonment, or death

if the evidence of his guilt is strong

 (3) Under the Rules of the Court, no bail

shall be allowed after the judgment has become final or after the accused has commenced to serve sentence When the privilege of the writ of habeas corpus is suspended the right to bail, even for the commission of national security crimes is still available except as provided in Section 13.

 The Constitution ordains that excessive bail

shall not be required . Without the explicit injunction, the right to bail would be a meaningless farce.

(1)No person shall be held to answer for 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.

 A person cannot be held to answer for a

criminal offense without due process of law. Due process in this context pertains more to the procedural aspect. It requires that: (1)the accused must be (a)tried before a competent court; (b)given a fair and impartial trial; and (c)allowed to use all legal means and opportunity to defend himself; and

 (2)the judgment awarded against him must be

within the authority of a valid law.

As applied to a criminal trial , denial of due

process, it has been said, is the failure to observe that fundamental fairness essential to the very concept of justice.

 In all criminal prosecutions, the accused is

presumed innocent until the contrary is proved. (1) a safeguard against false conviction (2)Requirement of proof of guilt beyond reasonable doubt.

 Implementing the right to be heard, the Rules

of Court provides: (1) In all criminal prosecutions, the defendant shall be entitled x x x to be present and defeat in person and by counsel at every stage of the proceedings, from the arraignment to the promulgation of the judgment. (2) the accused must be present at the arraignment and must personally enter his plea.

 (3) after a plea of not guilty, the accused is

entitled to two(2) days to prepare for trial unless the court for good cause grants him further time . (4)Before arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to have one. Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign the counsel de oficio to defend him.

 (1) Specific allegations of crime charged

(2)Remedy of accused whose right is violated

 (1) Speedy trial

(2) Impartial trial

(3) Public trial

 The accused person has the right to meet the

witnesses face to face. There are two important reasons behind this right. (1) Cross-examination of witnesses by the counsel. (2) Assessment by the court of witness credibility.

 The accused has the right to have compulsory

processed issued to secure the attendance of witnesses and the production of evidence in his behalf.

 The constitutional right of the accused to be

personally present and to be heard in his defense by himself may be waived by him. Thus, trial may proceed not with standing the absence of the accused provided that three conditions concur: (1)He has been arraigned (2)he has been duly notified of the trial (3)his failure to appear is unjustifiable

 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.

 All persons shall have the right to a speedy

disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

 No person shall be compelled to be a witness

against himself.

 No person shall be compelled to be a witness

aainst himself. This is a protection aainst selfincrimination which may expose a person to a criminal liability. It is founded on rounds of: (1) Public Policy, because if the party is thus required to testify, he would be placed under the stronest temptetion to commit the crime of perjury; and

 (2)Humanity, because it prevents the

extortion of confession by duress. The constitutional guarantee protects as well the right of the accused to silence, and his silence, meaning, his failure or refusal to testify, may not be used as a presumption of guilt or taken as evidence against him.

 (1) No person shall be detained solely by

reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

 (1) Incarceration without chares of political

prisoners. (2) A guarantee against having prisoner of conscience.

 The purpose is to maintain a system of

completely free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for anothers benefit which is the essence of involuntary servitude. Human dignity is not a merchandise appropriate for commercial barters or business bargain. Fundamental freedoms are beyond the province of commerce or any other business enterprise.

 (1) When the involuntary servitude is imposed

as a punishment for a crime whereof the party shall have been duly convicted. (2) When personal military or civil service is required of citizens for the defense of the state (Art.11 Section 4) (3) To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute

(4) To exceptional services, such as military and naval enlistment. Thus, a statute punishing sailors who desert their ship do not contravene the constitutional provision. From immemorial usage, sailors may not leave their ships during a voyage. (5) to exercise by parents of their authority to require their children to perform reasonable amount of work. (6) when there is a proper exercise of the police power of the state. Thus, persons may be required to assist in the protection of the peace ad order of the community, or to help build or repair public highways and streets.

 (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.

 The question as to the amount of the fines

that shall be imposed is one address to the sound discretion of the court. If it keeps within the limits of a statute, the fine cannot usually be held unreasonable. Court will be justified in declaring a fine prescribed by a statute excessive only when it is clearly so, considering the nature of the offense and the ability of the person punished to pay the fine,

 This right, as contra-distinguished from the

right against the use of torture, can only be invoked after conviction for a crime. (1) Form of punishment (2) Quantity or duration of punishment

 (1) Aruments aainst death penalty

 No person shall be imprisoned for debt or

non-payment of a poll tax.

 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.

 The right against double jeopardy means that

when a person is charged with an offense and the case is terminated either by acquittal or conviction or any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense. The guarantee protects against the perils of a second punishment as well as second trial for the same offense.

 Under present law and jurisprudence, the

accused is placed in double jeopardy if the following conditions are present: (1)he has been previously brought to trial; (2)in a court of competent jurisdiction ; (3)Under a valid complaint or information; (4) he has been arraigned and pleaded (either guilty or not guilty) to the charge;

 (5) he has been convicted or acquitted or the

case against him has been dismissed or otherwise terminated without his express consent; (6) he is bein chared aain for the same offense.

 (1) the government has no right, therefore, to

appeal from a judgment of acquittal. (2)the accused, after havin been convicted, may appeal to a hiher court, but the latter may raise the penalty imposed on him by the lower court and such is not second jeopardy.

 No ex post facto law or bill of attainder shall

be enacted.

 An ex post facto law

retrospectively (1)makes an act done before the passage of a law, innocent when done, criminal, and punishes such act; or (2)aggravates a crime or makes it greater than when it was committed; or (3)changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed; or

is one which, operating

 (4) alters the legal rules of evidence, and

receives less testimony, than or different testimony from what the law required at the time of the commission of the offense, in order to convict the offender.

 (1)Ex post facto law relate to the penal or

criminal matters only. (2)They are retroactive in their operation. (3)They deprive persons accused of crime of some protection or defense previously available, to their disadvantage. Ex post facto laws are absolutely prohibited unless they are favorable to the accused.