Section 10

No law impairing the obligation of contracts shall be

passed.
Section 11
Free access to the courts and quasi-judicial bodies

adequate legal assistance by reason of poverty

SECTION 12 RIGHT OF THE PERSON
UNDER INVESTIGATION
Article 1:
right to remain silent

to have competent and independent counsel his own

choice.
If the person cannot afford the services of counsel, he
must be provided with one.
PAO- Public Attorney's Office exists to provide the
indigent litigants, the oppressed, marginalized, and
underprivileged members of the society free access to
courts, judicial and quasi-judicial agencies, by rendering
legal services, counseling and assistance
These rights cannot be waived except in writing and in
the presence of counsel
Article 2:
No torture, force, violence, threat, intimidation and

Other means which vitiate the free will shall not be

used against him

Forms of detention like: secret detention places,
solitary, incommunicado are prohibited
Article 3:
Any confession or admission obtained in violation of

this or Section 17 hereof shall be inadmissible in

evidence against him.
Article 4:
The law shall provide:
for penal and civil sanctions

compensation to the rehabilitation of victims of

torture or similar practices, and their families.

SECTION 12: RIGHT OF THE PERSON
UNDER INVESTIGATION
Right to be informed of his right to remain silent
Right to have competent and independent counsel
by his own choice
Right to be provided with legal counsel if he cannot
afford one
Torture, force, violence, threat, intimidation or any
other means which vitiate the free will in obtaining
confession or admission shall not be used against
him or these will be inadmissable as evidence in the
court
Miranda Doctrine
Miranda vs. Arizona (1966)
Process of arresting suspects
As said by the court: No convictions will be held
upheld unless prior to any police questioning
Suspects have been:
Informed of their right to remain silent
Warned that any statements they make will be used
against them
Informed that they have the right to have an
Attorney present during questioning
Told that if they cant afford to hire a lawyer, one
will be provided
Notified that hey may terminate questioning at any
time
Section 13
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 All persons,
except those charged with offenses punishable by
reclusion perpetua
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.
"permanenteng pagkakabilanggo reclusion perpetua
habeas corpus - to have a body
Bail
Security required by court
given for the provision or temporary release of a
person who is in the custody of the law
1. Corporate surety
2. Property bond
3. Cash bond
4. Recognizance
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

enjoy the right to be heard by himself and counsel,

be informed of the nature and cause of the accusation

against him,
have a speedy, impartial, and public trial,

meet the witnesses face to face

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 14: RIGHTS OF THE
ACCUSED IN ALL CRIMINAL
PROSECUTIONS
 Presumption of innocence
Rights to be heard by himself and the legal counsel
Right to be informed of the nature and cause of
accusations against him
Right to have speedy, impartial and public trial
Right to meet the witness face to face
Right to have compulsory process to secure the
attendance of witness and the production of
evidence
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.
Writ of Habeas Corpus
produce the body
Order issued by the court of competent jurisdiction
subjected to the pperson detaining another
Produce the body of the prisoner at a designated
time and place
Writ Habeas Corpus

Order to produce a body

Granted by Supreme Court
To compel a person to be released form illegal
detention
Process
When detainers receive the order, they are
compelled to bring their captive before the court
If the court establishes that there is no basis for
detention, the person shall be released from
custody
If the court finds cause based on irrelevant laws, the
person will again be detained.
 Privilege may only be suspended by the president
for up to 60 days in case of invasion or rebellion,
when the public safety requires it.
Pres. Ferdinand Marcos (1971) suspended the
privilege of habeas corpus after a bombing at the
Plaza Miranda which killed ninne and injured 95.
Pres. Gloria Macapagal Aquino- Maguindanao
Massacre
WRIT OF AMPARO
Spanish term: Amparar- to protect
Petition- remedy available to any person whose
right to life, liberty and security is violated or
threatened with violation by an unlawful act or
omission of a public official or employee, or of a
private individual or entity. The writ shall cover
extrajudicial killings and enforced disappearances
or threats thereof.
Section 16
All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
RIGHT TO SPEEDY AND PUBLIC TRIAL

Speedy trial- insure that the accused will be tried in

a reasonable time
Justice delayed is justice denied
Protect accused from languishing in the jail while
awaiting trial
Section 17
No person shall be compelled to be a witness
against himself.
RIGHT AGAINST SELF INCRIMINATION

Self incrimination- act or declaration either as

testimony at trial or prior to trial which a person
implicates himself in a crime.
Right against self incrimination covers only evidence
as testimony .
It does not prohibit the requirements needed for
crime processing (fingerprint, photograph,
submitting a handwriting sample and giving blood
test samples)