History

James Bryan P.
Garces
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
This section explained that no person shall be deprived of equal protection of the laws. The
law speaks of “due process” and “equal protection”. That every person has free access to the courts
and quasi-judicial bodies and that all persons are also entitled to be assisted in the court. This right
is available to all persons regardless of its status in life.
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.
This section is a type of notification customarily given by police to criminal suspects in

police custody or in custodial interrogation advising them of their right to silence, which is their
right to refuse to answer questions or provide information to law enforcement or other officials.
These rights are often referred to as Miranda Rights. The purpose of such notification is to preserve
the admissibility of their statements made during custodial interrogation in later criminal
proceedings.
The Miranda Warning is part of a preventive criminal procedure rule that law enforcement
are required to administer to protect an individual who is in custody and subject to direct
questioning.
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.
This Section explains Bail as a matter of right. A bail is a 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 required under the conditions hereinafter specified. An important bail condition
is that you do not commit further offenses while on bail.
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.
This section explains that every person is entitled to due process of law. A due process of
law is a constitutional guarantee against hasty and unsupported deprivation of some person’s life,
liberty, or property, it must do so in observance of due process of law.
This right is “the embodiment of the supporting idea of fair play” and its essence is that it
is “a law which hears before it condemns, which proceeds upon inquiry and renders judgment only
after trial”.
That every citizen has the opportunity to be heard given the chance to defend himself or
explain his side through the protection of general rules of procedure. It contemplates notice and
opportunity to be heard before judgment is rendered.
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.
This sections explains writ of habeas corpus as literally means “produce the body”- is an
order issued by a court of law to a prison warden or law enforcement agency holding an individual
in custody to deliver that prisoner to the court so a judge can decide whether that prisoner had been
lawfully imprisoned and, if not, whether they should be released fro custody.
To be enforceable, the writ of habeas corpus must list evidence showing that the court that
ordered the prisoner’s detention or imprisonment had made a legal or factual error in doing so. The
writ of habeas corpus is the right bestowed to individuals to present evidence to a court showing
that they have been wrongfully or illegally imprisoned.

History

Uploaded by

Copyright:

Available Formats

History

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

History

Uploaded by

Copyright:

Available Formats

James Bryan P.

This section is a type of notification customarily given by police to criminal suspects in

You might also like