Rights against the Accused Flashcards
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 11
Indigent litigants exempt from payment of legal
fees
Free Legal Assistance
Miranda Rights
Section 12.
Involves any questioning initiated by law enforcement
CUSTODIAL INVESTIGATION
accused is brought face to face with the witness for identification
show up
suspect is identified by witness from a group of persons gathered for that purpose
police line-up
when a counsel is engaged by anyone acting on behalf of the person under investigation, or appointed by
the court upon petition by said person or by someone on
his behalf.
Right to Counsel
not allowed to communicate with others
Incommunicado
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 writ of habeas corpus is suspended.
Section 13
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 maybe required.
Bail
No person shall be held to answer for a criminal offense without due process of law
Section 14.
The requirement of proof beyond reasonable doubt is a necessary corollary of the constitutional right
PRESUMPTION OF INNOCENCE
Where the evidence adduced by the parties is evenly
balanced, the constitutional presumption of
innocence should tilt the balance in favor of the accused.
Equipoise Rule
is a process by which the accused was formally informed about the nature of the complaint
Arraignment
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion and rebellion
when public safety requires it
.
Section 15
is an order issued by a court of competent jurisdiction directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place
HABEAS CORPUS
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 16
Accused failed to appear for trial despite postponement and notice
TRIALS IN ABSENTIA
No person shall be compelled to be a witness against himself.
Section 17
If the act is physical or mechanical, the accused can be
compelled to allow or perform the act, and the result can be used in evidence against him
SELF-INCRIMINATION CLAUSE
No person shall be detained solely by reason of his political beliefs and aspirations.
Section 18.
subject to the civil jurisdiction of ordinary courts of justice if they are to be prosecuted at all, the army has no jurisdiction, nor power, nor authority, from all legal standpoints, to continue holding them in restraint.
Political Prisoners
all denote “a condition of enforced, compulsory service of one to another.
Involuntary Servitude
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Section 19
Involves torture or lingering death
cruel punishment
this law prohibits the imposition of death penalty in the Philippines.
Republic Act 9346
No person shall be imprisoned for debt or non-payment of a poll tax.
Section 20
any civil obligation arising from a contrac
Debt
a specific sum levied upon any person belonging to a certain class without regard to property or occupation
Poll Tax
No person shall be put twice in jeopardy of punishment in the same offense.
Section 21.
It means that when a person is charges with an
offense and the case is terminated either by acquitta or conviction or in any other manner without the expressed consent of the accused, the accused cannot be charged with the same or identifical offense
RIGHT AGAINST DOUBLE JEOPARDY
No ex post facto law or bill of attainder shall be enacted
Section 22
a law that operates retrospectively that makes an act
before the passage of law innocent when done but later becomes criminal in nature and punishes such act or aggravates a crime or makes it greater than when it was committed
Ex post facto law
is a legislative act which inflicts punishment without judicial trial.
Bill of attainder
the punishment is less than death
bill of pains and penalties
