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Human Rights Under Tactical Investigation - Interrogation


HUMAN RIGHTS DURING CUSTODIAL INVESTIGATION AND TACTICAL INTERROGATION

 

 

Right of the Accused

 

  1. Rights of a Person prior to investigation

                

                        Miranda Doctrine

 

-         The right to be warned prior to any questioning that he has the right to remain silent, that anything that he says can be used against him in a court of law, that he has the right to presence of any attorney, and that if he cannot afford attorney, one will be appointment for him prior to any questioning if he so desires…..

 

     2.    Rights of a Person under Investigation

 

          Article III – Bill of Rights ( 1987 Constitution )

 

1.      Right to remain silent

2.      Right to counsel

3.      Right against torture

4.      Right against secret detention

 

                    Sec. 11  Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any by reason of poverty.

    

                    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 afford the services of counsel, he must be provided with one.  These rights cannot be waived except in writing and in presence of counsel.

   

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

 

Sec. 13 All persons, except those charged with offense punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognized as may be provided by law. The right to bail shall not be impaired even the privilege of the writ of habeas corpus is suspended.  Excessive bail shall not be required.  

 

Sec.  14 (1)  No person shall be held to answer for a criminal offense without due process of law.

 

(2)   In all criminal prosecution, 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 witness face to face, and to have compulsory of evidence in his behalf.  However, after the arraignment of the trial my proceed notwithstanding the absence of the accused provided that he been duly and his failure to appeal is unjustifiable.

          

            Sec. 15 The privilege of the writ of habeas corpus shall not be suspended except before in cases of invasion, or rebellion when the public safety requires it.

 

            Sec. 16 All person shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

 

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

 

           Sec. 18 (1) No person shall detained solely by reason of his political belief and aspirations.

           Sec. 19 (1) excessive fine shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall 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 prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman condition shall be dealt with by law.

 

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

 

 

  1. Rights of Accused at the Trial

 

Sec. 1 Rules of Court annotated, 1991 first edition, by Paras

 

  In all criminal prosecutions, the accused shall be entitled;

 

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt;            

            (b) To be informed of the nature and cause of the accusations against him;

      

           (c) To be presented defend in person and by counsel at every stage or the proceedings, from the arraignment to the promulgation of the judgment.  The Accused may, however, wave his presence at the trial pursuant to the stipulation set forth in his bail bond, unless his presence is specially ordered by the court for the purpose of identification. The absence of the accused without any justifiable cause at the trial on a particular date of which he had notice shall be considered waiver of his right to be present during trial.  When an accused under custody had been notified of the date of the trial and escape, he shall be deemed to have waived his right to be present on said date and on all subsequent trial dates until custody is regained.  Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that can properly protect his right without assistance of counsel.

 

          (d) To testify as a witness in his own behalf but subject to cross examination on matters covered direct examination. His silence in any manner shall not prejudiced him.

 

         (e) To Confront and cross-examined the witness against him at the trail.  Either party may utilized as part of its evidence the testimony of a witness who is deceased, 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 had 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 a speedy, process issued to secure the attendance of witnesses and production of other evidence in his behalf;

 




REPUBLIC ACT NO. 7438
April 27, 1992

http://www.chanrobles.com/republicactno7438.htm




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