Criminal Due Process

Custodial Investigation

Sec. 14 (1) No person shall be held to

answer for a criminal offense without due process
of law.

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 Page | 1
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.

*requires that the accused be tried by an impartial

and competent court in accordance with the
procedure prescribed by law and with proper
observance of all the rights accorded him under the
Constitution and the applicable statutes

Self-Incrimination
Sec. 17 No person shall be compelled to be
a witness against himself.
*as long as the questions will tend to incriminate
*not available when:
- even if the answer may tend to embarrass
him or subject him to civil liability
- where the question asked relates to past
criminality for which the witness can no
longer be prosecuted, by reason of
prescription or acquittal or conviction
- where he has been previously granted
immunity under a validly enacted statute
*when available:
- ordinary witness: when and as the
incriminating question is asked
- accused: at the outset
*waiver:
- directly
- failure to invoked it (implied)
*provided the waiver is certain and
unequivocal
and
intelligently,
understandingly and willingly made

(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 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.
*Custodial investigation
- any questioning initiated by law
enforcement officers after a person has
been taken into custody or otherwise
deprived of his freedom of action in any
significant way
- RA 7438: shall include the practice of
issuing an invitation to a person who is
investigated in connection with an offense
he is suspected to have committed
*An extrajudicial confession, to be admissinle, must
be:
a. voluntary
b. with assistance of counsel
c. in writing
d. express

Bail

Presumption of Innonce

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.

Sec 14 (2) In all criminal

prosecutions, the accused shall be
presumed innocent until the contrary is
proved . . .

*Bail
- is the security given for the release of a
person in custody of the law, furnished by
him or a bondsman, conditioned upon his
appearance before any court as may be
required
*Rule 114 of the Rules of Court
- any person in custody who is not yet
charged in court may apply for bail with any
court in the province, city or municipality
where he is held
*Hearing on the petition for bail is required to
satisfy due process, but this may be summary in
nature or held in the course of the trial itself. A
separate hearing is not indispensable.
*Mere probability of escape does not warrant
denial of the right to bail; the remedy is to increase
the bail, provided it is not excessive.
*Rule 114, Section 6 Rules of Court: The judge, in
fixing a reasonable amount of bail, shall consider:
- the financial ability of the accused
- the nature and circumstances of the
offense
- the penalty for the offense charged
- his (accused) character and reputation
- his age and health
- the weight of the evidence against him
- the probability of his appearing at the trial
- the forfeiture of other bonds by him
- the fact that he was a fugitive from justice
when arrested
- the pendency of other cases in which he is
under bond

*It is the responsibility of the prosecution to

establish the defendants guilt beyond
reasonable doubt; otherwise he is entitled
to acquittal.
*Conviction will depend not on the
weakness of accuseds defense but on the
strength of the prosecution.
*Although the defense of the appellant was
weak, he nevertheless could not be
convicted because of the constitutional
presumption of innocence.

Right to be Heard
Sec 14 (2) and shall enjoy the right
to be heard by himself and counsel . . .
*Assistance of Counsel
- begins from the time a person is
taken into custody and placed
under
investigation
for
the
commission of a crime
intricacies
of
courtroom
procedure are not within the
knowledge of the ordinary layman,
let alone one who is ignorant and
unletered
- a counsel de oficio shall be
appointed for him if he cannot
afford the services of a retained
lawyer
- the right to counsel in criminal
proceedings is not subject to waiver

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Nature and Cause of Accusation

The Trial

Sec. 14 (2) to be informed of the nature

and cause of the accusation against him . . .

Sec. 14 (2) to have a speedy, impartial and

public trial . . .

*so that accused can adequately prepare for his

defense

*impartial trial

- cannot do this if he has to guess at the

charge that has been levelled against him
because of the ambiguous language of the
complaint or information
*Rule 110, Sec. 8 Rules of Court
- whenever possible, a complaint or
information should state the designation
given to the offense by the statute, besides
the statement of the acts or omissions
constituting the same, and if there is no
such designation reference should be made
to the section of subsection if the statute
punishing it.
* Rule 110, Sec. 9 Rules of Court
- the acts or omissions complained of as
constituting the offense must be stated in
ordinary and concise language without
repetition, not necessarily in the terms of
the statute defining the offense, but in such
form as is sufficient to enable a person of
common understanding to know what
offense is intended to be charged, and
enable the court to pronounce proper
judgment.

- cold neutrality of an impartial judge

- to insure that justice is done to the
defendant
- judge must not only be impartial but must
also appear to be impartial
*public trial
- necessary to prevent abuses that may be
committed by the court to the prejudice of
the defendant
- The people have the right to attend the
proceedings not only because of their
interest therein but also so they can see
whether or not constitutional safeguards
for the benefit of the accused are observed.
-the accused is entitled to the company of
his relatives and friends to give him the
moral support he needs during his ordeal.
-Not absolute, ex: rape trials, where the
purpose of the spectators might be only to
pander to their morbid curiosity, more so
since their presence is likely to inhibit
testimony and embarrass some of the
parties
*speedy trial
- one free from vexatious, capricious and
oppressive delays
- intended to relieve the accused of
needless anxieties and inconveniences
before sentence if pronounced upon him
- begins from the filing of the information
- cannot be quantified into a specified
number of days or months but must be
examined in the light of surrounding
circumstances

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*Trial in Absentia

Compulsory Process

Sec. 14 (2) 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.

Sec. 14 (2) and to have compulsory process

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

*Requisites:
a. the accused has already been arraigned
b. he has been duly notified of the trial
c. his failure to appear is unjustified

The Right of Confrontation

Sec. 14 (2) to meet the witnesses face to

*The accused is entitled under the Constitution to

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the issuance of subpoena and subpoena duces
tecum for the purpose of compelling the attendance
of witnessed and the production of evidence that
he may need for his defense. Failure to obey the
process is punishable as contempt of court; if
necessary, the witness may even be arrested so he
can give the needed evidence.
*This right to compulsory process must be invoked
during the trial. Failure to do so constitutes a waiver
that cannot be rectified or undone on appeal.

face . . .
*Right to confrontation intends to secure the
accused in the right to be tried, so far as facts
provable by witnesses are concerned, by only such
witnesses as meet him face to face at the trial, who
give their testimony in his presence, and give to the
accused an opportunity of cross-examination. It was
intended to prevent conviction of the accused upon
deposition or ex parte affidavits, and particularly to
preserve the right of the accused to test the
recollection of the witness in the exercise of the
right of cross-examination.
*There is less propensity to lie on the part of a
witness when actually confronted by the accused
than when the testimony is given behind his back.
The presence of the witness at the trial will enable
the court to observe his demeanor and gauge the
credibility of his testimony.
*Depositions and ex parte affidavits are
inadmissible unless the persons making them are
presented in court for examination on their
statements by the judge and the accused. Evidence
if this nature is hearsay and excluded by the Rules
of Court.
*Exceptions: Dying declaration

Prohibited Punishments
Sec. 19 (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the 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.
*Penalty must ne inhuman and barbarous and
shocking to the conscience, like the garote, the
thumbscrew, the rack, burning at the stake and
crucifixion.
*Echegaray v. Secretary of Justice
- The cruelty against which the
Constitution protects a convicted man is
cruelty inherent in the method of
punishment, not the necessary suffering
involved in any method employed to
extinguish life humanely.
*RA 9346: Suspension of death penalty

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.
*prohibits the prosecution again of any person for a
crime for which he has previously been acquitted or
convicted
*jeopardy = danger
*requisites:
a. a valid complaint or information
b. filed before a competent court
c. to which the defendant had pleaded
d. of which he has been previously
acquitted or convicted or which was
dismissed or otherwise terminated without
his express consent
*Complaint or Information
- Invalid complaint dismissed: the same
charge can be later instituted without
placing the accused in double jeopardy
- Defective information dismissed on motion
of the accused: may be validly renewed with
the filing of a corrected information
- Defective information dismissed without
the express consent of the accused: another
prosecution based on the same allegation
will constitute double jeopardy
*Competent Court
- a court with jurisdiction
- person charged before incompetent court:
can be tried anew for the same offense by a
competent court, as the first prosecution
never place him in jeopardy
- person whose case was dismissed by a
competent court: accused is entitle to plead
double jeopardy

*Valid Plea
- defective complaint dismissed before the
accused had pleaded: accuseds pleas of
double jeopardy is rejected because he had
not been exposed to danger under the first
indictment
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*Termination of Case
- Dismissal with the express consent of the
accused: will not bar another prosecution
for the same offense, as the said consent is
considered a waiver of his right against
double jeopardy
- Dismissal with the express consent of the
accused based on insufficiency of evidence
or denial of right to a speedy trial: the
defense of double jeopardy will be available
to the accused because these dismissals are
considered in the nature of an acquittal
- Acquittal: executory upon rendition and
entitles the accused to immediate release
- When acquittal can be appealed:
a. when the prosecution is denied
the opportunity to prosecute and
prove its case (denial of due
process)
b. when there is a presence of
mistrial
c. when there is grave abuse of
discretion on the part of the trial
court amounting to lack of
jurisdiction
*Crimes Covered
- the accused may not be prosecuted anew
for the original offense charged, or for any
attempt to commit the same or frustration
thereof, or for any offense which
necessarily include or is necessarily included
in the offense charged the original
complaint or information
- ex: murder -> homicide (embraced in the
first offense)
- ex: attempted robbery -> frustrated
robbery

*Doctrine of Supervening Event

- the accused may be prosecuted for
another offense if a subsequent
development changed the character of the
first indictment under which he may have
already been charged or convicted
-ex: slight physical injuries -> slight physical
injuries
- Rule 117, Section 7, Rules of Court
a. The graver offense developed
due to supervening facts arising
from the same act or omission
constituting the former charge;
b. The facts constituting the graver
charge became known or were
discovered only after the filing of
the
former
complaint
or
information; or
c. The plea of guilty to the lesser
offense was made without the
consent of the prosecutor and of
the offended party except as
provided in Section 1(f) of Rule 116.
*Inseparable Offenses:
- where one offense is inseparable from
another and proceeds from the same act,
they cannot be the subject of separate
prosecutions
- ex: Marco indicted for use of marijuana
and shabu, cannot be charged also with
illegal possession of marijuana and shabu
*Act Violating Law and Ordinance
- 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.
- ex: Marco convicted of jueteng under a
municipal ordinance may not again be
charged with the same act under Article
195 of the RPC punishing the same act

*Purposes of Rule of Double Jeopardy

a. To prevent the State from using
its criminal processes to prosecute
the accused and file multiple cases
against him (results to harassment)
b. To preclude the State after
acquittal of the accused to
subsequently retry the accused to
secure his conviction
c. To preclude the State from filing
anew a case in order to secure a
graver penalty

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Section 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 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.

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 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. (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.

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.

Section 17. No person shall be compelled to be a

witness against himself.
Section 19. (1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
inflicted. Neither shall the 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.

Section 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.

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