Constitutional Rights of the Accused

Why these rights score

Criminal procedure begins with the Constitution. Before any statute applies, Article III (the Bill of Rights) of the 1987 Constitution sets the limits on how the State may investigate, arrest, and try a person. The examiner tests whether you can match a right to the correct section and know when it may be waived. Learn each right as a pair: the guarantee and the section that grants it.

Due process and the presumption of innocence

Section 1 provides that no person shall be deprived of life, liberty, or property without due process of law, nor denied the equal protection of the laws. Due process in criminal cases means a fair hearing before an impartial court that has jurisdiction.

At trial, Section 14 is the heart of the accused's rights. The accused is presumed innocent until the contrary is proved, so the burden of proof rests on the prosecution, which must establish guilt beyond reasonable doubt. Section 14(2) also guarantees the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation, to a speedy, impartial, and public trial, to confront the witnesses face to face, and to compulsory process to secure witnesses. It even allows trial in absentia after arraignment, provided the accused was duly notified and his absence is unjustified.

Custodial investigation: the Miranda rights

Section 12 governs the moment a person is taken into custody and questioned. A person under custodial investigation has the right to remain silent and to have competent and independent counsel, preferably of his own choice. If he cannot afford one, he must be provided counsel. These rights, together with the right to be informed of them, are the Miranda rights.

Two rules make this section decisive:

• Waiver. The right to counsel and the right to remain silent may be waived, but only in writing and in the presence of counsel. A verbal waiver, or one signed without a lawyer, is void.
• Exclusion. Any confession or admission obtained in violation of Section 12, or through torture, force, or intimidation, is inadmissible in evidence for any purpose.

RA 7438 reinforces Section 12 by statute. It defines the rights of persons arrested, detained, or under custodial investigation and the duties of arresting and investigating officers. Importantly, RA 7438 expands custodial investigation to include the practice of issuing an invitation to a person being investigated for an offense, so the rights attach even before a formal arrest.

Arrest, search, and seizure

Section 2 protects against unreasonable searches and seizures. A warrant may issue only upon probable cause personally determined by a judge after examining the complainant and witnesses under oath, and it must particularly describe the place to be searched and the things to be seized. Section 3(2) supplies the teeth: evidence obtained in violation of Sections 2 and 3 is inadmissible for any purpose in any proceeding. This is the exclusionary rule, sometimes called the fruit of the poisonous tree.

Bail and the remaining safeguards

Right	Section	Core idea
Due process, equal protection	Sec. 1	Fair procedure before a competent court
Searches and seizures	Sec. 2	Warrant on judge-found probable cause
Exclusionary rule	Sec. 3(2)	Illegally seized evidence is inadmissible
Miranda rights	Sec. 12	Silence, counsel, valid waiver only in writing with counsel
Right to bail	Sec. 13	Available except capital offenses when evidence is strong
Rights at trial	Sec. 14	Presumption of innocence, counsel, confrontation
Self-incrimination	Sec. 17	No person compelled to witness against himself
Cruel punishment	Sec. 19	No cruel, degrading punishment or excessive fines
Double jeopardy	Sec. 21	No second prosecution for the same offense

Section 13 guarantees the right to bail to all persons before conviction, except those charged with offenses punishable by reclusion perpetua or higher when the evidence of guilt is strong. Section 17 bars compelling a person to be a witness against himself. Section 19 forbids cruel, degrading, or inhuman punishment and excessive fines, while Section 21 protects against double jeopardy.

Exam-day strategy

• If a confession was taken without counsel or through force, the answer is almost always inadmissible.
• A waiver of custodial rights is valid only in writing and with counsel present. Anything less is void.
• Match the right to its section: Sec. 2 searches, Sec. 12 custodial, Sec. 14 trial rights.
• Remember that RA 7438 reaches even an invitation, not just a formal arrest.