substantive rights

8/6/2019 Substantive Rights

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Substantive Rights:

A. 1987 Const., Art. III, Art. VIII Sec. 5(5)

ARTICLE III :BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without dueprocess of law, nor shall any person be denied the equal protection of thelaws.

Section 2. The right of the people to be secure in their persons, houses,papers, and effects against unreasonable searches and seizures of whatevernature and for any purpose shall be inviolable, and no search warrant orwarrant of arrest shall issue except upon probable cause to be determinedpersonally by the judge after examination under oath or affirmation of thecomplainant and the witnesses he may produce, and particularly describing

the place to be searched and the persons or things to be seiz ed.

Section 3. (1) The privacy of communication and correspondence shall beinviolable except upon lawful order of the court, or when public safety or orderrequires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the pre ceding section shall beinadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, ofexpression, or of the press, or the right of the people peaceably to assemble

and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, orprohibiting the free exercise thereof. The free exercise and enjoyment ofreligious profession and worship, without discrimination or preference, shallforever be allowed. No religious test shall be required for the exercise of civilor political rights.

Section 6. The liberty of abode and of changing the same within the limitsprescribed by law shall not be impaired except upon lawful order of the court.Neither shall the right to travel be impaired except in the interest of nationalsecurity, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concernshall be recognized. Access to off icial records, and to documents and paperspertaining to official acts, transactions, or decisions, as well as to governmentresearch data used as basis for policy development, shall be afforded thecitizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and


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private sectors, to form unions, associations, or societies for purposes notcontrary to law shall not be abridged.

Section 9. Private property shall not be taken for pub lic use without justcompensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi -judicial bodies and adequatelegal assistance shall not be denied to any person by reason of povert y.

Section 12. (1) Any person under investigation for the commission of anoffense shall have the right to be informed of his right to remain silent and tohave competent and independent counsel preferably of his own choice. If theperson cannot afford the services of counsel, he must be provided with one.These rights cannot be waived except in writing and in the presence ofcounsel.

(2) No torture, force, violence, threat, intimidation, or any other means whichvitiate 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 17hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of thissection as well as compensation to the rehabilitation of victims of torture orsimilar practices, and their families.

Section 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 beprovided by law. The right to bail shall not be impaired even when theprivilege of the writ of habeas corpus is suspended. Excessive bail shall notbe required.

Section 14. (1) No person shall be held to answer for a criminal offensewithout 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 andcounsel, to be informed of the nature and cause of the accusation againsthim, to have a speedy, impartial, and public trial, to meet the witnesses faceto face, and to have compulsory process to secure the attendance ofwitnesses and the production of evidence in his behalf. However, afterarraignment, trial may proceed notwithstanding the absence of the accused:Provided, that he has been duly notified and his failure to appear isunjustifiable.


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Section 15. The privilege of the writ of habeas corpus shall not be suspendedexcept 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 theircases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his politicalbeliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment fora crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading orinhuman punishment inflicted. Neither shall death penalty be impose d, unless,for compelling reasons involving heinous crimes, the Congress hereafter

provides for it. Any death penalty already imposed shall be reduced toreclusion perpetua.

(2) The employment of physical, psychological, or degrading punishmentagainst any prisoner or detainee or the use of substandard or inadequatepenal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non -payment of a polltax.

Section 21. No person shall be twice put i n jeopardy of punishment for the

same offense. If an act is punished by a law and an ordinance, conviction oracquittal under either shall constitute a bar to another prosecution for thesame act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Art. VIII Sec. 5 (5)

Section 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, theadmission to the practice of law, the integrated bar, and legal assistance tothe under-privileged. Such rules shall provide a simplified and inexpensiveprocedure for the speedy disposition of cases, shall be uniform for all courts ofthe same grade, and shall not dimini sh, increase, or modify substantive rights.Rules of procedure of special courts and quasi-judicial bodies shall remaineffective unless disapproved by the Supreme Court.


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C. Rule 115, 2000 Rules on Crim Pro

RULE 115 - RIGHTS OF ACCUSED

SECTION 1. Rights of accused at trial.

In all criminal prosecutions, the accused shall be entitled to the following

rights:(a) To be presumed innocent until the contrary is proved beyond reasonable

doubt.

(b) To be informed of the nature and cause of the accusation agai nst him.

(c) To be present and defend in person and by counsel at every stage of the

proceedings, from arraignment to promulgation of the judgment. The accused

may, however, waive his presence at the trial pursuant to the stipulations set

forth in his bail, unless his presence is specifically ordered by the court for

purposes of identification. The absence of the accused without justifiable

cause at the trial of which he had notice shall be considered a waiver of his

right to be present thereat. When an acc used under custody escapes, he shallbe deemed to have waived his right to be present on all subsequent trial dates

until custody over him is regained. Upon motion, the accused may be allowed

to defend himself in person when it sufficiently appears to the court that he

can properly protect his rights without the assistance of counsel.

(d) 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.

(e) To be exempt from being compelled to be a witness against himself.

(f) 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 isdeceased, 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.

(g) To have compulsory process issued to secure the attendance of witnesses

and production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

D. R.A. 7438Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE

DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING

OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines


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in Congress assembled::

Section 1. Statement of Policy. It is the policy of the Senate to value thedignity of every human being and guarantee fu ll respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers .

(a) Any person arrested detained or under custodial investigation shall at alltimes be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or hisplace, who arrests, detains or investigates any person for the commission ofan offense shall inform the latter, in a language known to and understood byhim, of his rights to remain silent and to have competent and independentcounsel, preferably of his own choice, who shall at all times be allowed toconfer privately with the person arrested, detained or under custodialinvestigation. If such person cannot afford the services of his own counsel, he

must be provided with a competent and independent counsel by theinvestigating officer. lawphi1

(c) The custodial investigation report shall be reduced to writing by theinvestigating officer, provided that before such report is signed, orthumbmarked if the person arrested or detained does not know how to readand write, it shall be read and adequately explained to him by his counsel orby the assisting counsel provided by the investigating officer in the languageor dialect known to such arrested or detained person, otherwise, suchinvestigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or undercustodial investigation shall be in writing and signed by such person in thepresence of his counsel or in the latter's absence, upon a valid waiver, and inthe presence of any of the parents, elder brothers and sisters, his spouse, themunicipal mayor, the municipal judge, district school supervisor, or priest orminister of the gospel as chosen by him; otherwise, such extrajudicialconfession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article125 of the Revised Penal Code, or under custodial investigation, shall be inwriting and signed by such person in the presence of his counsel; otherwisethe waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall beallowed visits by or conferences with any member of his immediate family, orany medical doctor or priest or religious minister chosen by him or by anymember of his immediate family or by his counsel, or by any national non -governmental organization duly accredited by the C ommission on HumanRights of by any international non-governmental organization duly accreditedby the Office of the President. The person's "immediate family" shall includehis or her spouse, fianc or fiance, parent or child, brother or sister,


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grandparent or grandchild, uncle or aunt, nephew or niece, and guardian orward.

As used in this Act, "custodial investigation" shall include the practice ofissuing an "invitation" to a person who is investigated in connection with anoffense he is suspected to have committed, without prejudice to the liability of

the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. Assisting counsel is any lawyer, exceptthose directly affected by the case, those charged with conducting preliminaryinvestigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled tothe following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected personis chargeable with light felonies;lawphi1alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected personis chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspectedperson is chargeable with a capital o ffense.

The fee for the assisting counsel shall be paid by the city or municipalitywhere the custodial investigation is conducted, provided that if themunicipality of city cannot pay such fee, the province comprising suchmunicipality or city shall pay the fee: Provided, That the Municipal or CityTreasurer must certify that no funds are available to pay the fees of assisting

counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conductedand the suspected person can only be detained by the investigating officer inaccordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. (a) Any arresting public officer or employee, orany investigating officer, who fails to inform any person arrested, detained orunder custodial investigation of his right to remain silent and to havecompetent and independent counsel preferably of his own choice, shall suffera fine of Six thousand pesos (P6,000.00) or a penalty of impriso nment of notless than eight (8) years but not more than ten (10) years, or both. The

penalty of perpetual absolute disqualification shall also be imposed upon theinvestigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, oranyone acting upon orders of such investigating officer or in his place, whofails to provide a competent and independent counsel to a person arrested,detained or under custodial investigation fo r the commission of an offense ifthe latter cannot afford the services of his own counsel.


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(b) Any person who obstructs, prevents or prohibits any lawyer, any memberof the immediate family of a person arrested, detained or under custodialinvestigation, or any medical doctor or priest or religious minister chosen byhim or by any member of his immediate family or by his counsel, from visitingand conferring privately with him, or from examining and treating him, or fromministering to his spiritual needs, at any hour of the day or, in urgent cases, of

the night shall suffer the penalty of imprisonment of not less than four (4)years nor more than six (6) years, and a fine of four thousand pesos(P4,000.00).lawphi1

The provisions of the above Section notwithstanding, any security officer withcustodial responsibility over any detainee or prisoner may undertake suchreasonable measures as may be necessary to secure his safety and preventhis escape.

Section 5. Repealing Clause. Republic Act No. No. 857, as amended, ishereby repealed. Other laws, presidential decrees, executive orders or rulesand regulations, or parts thereof inconsistent with the provisions of this Act

are repealed or modified accordingly.

Section 6. Effectivity. This Act shall take effect fifteen (15) days followingits publication in the Official Gazette or in any daily newspapers of generalcirculation in the Philippines.

Approved: April 27, 1992.lawphi1

E. DOJ-NPS Manual, Part XI, Secs. 1, 2

F. Juvenile Justice and Welfare Act, Secs. 60-61

CHAPTER 2PROHIBITED ACTS

SEC. 60. Prohibition Against Labeling andShaming. - In the conduct ofthe proceedings beginning from the initial contact with the child, thecompetent authorities must refrain from branding or labeling children as you ngcriminals, juvenile delinquents, prostitutes or attaching to them in any mannerany other derogatory names. Likewise, no discriminatory remarks andpractices shall be allowed particularly with respect to the child's class orethnic origin.

SEC. 61. Other Prohibited Acts. - The following and any other similar actsshall be considered prejudicial and detrimental to the psychological,emotional, social, spiritual, moral and physical health and well -being of thechild in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing,


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beating, stripping, and solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of punishment suchas shaving the heads, pouring irritating, corrosive or harmful substances overthe body of the child in conflict with the law, or forcing him/her to walk aroundthe community wearing signs which embarrass, humiliate, and degrade

his/her personality and dignity; and

(d) Compelling the child to perform involuntary servitude in any and all formsunder any and all instances.

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