Article III Bill of RightsSections11 – 16

Article III Section11

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

Rights under Article III Section 11Right to free access to the

courts and quasi-judicial bodies.

Supreme Court.

Definition of quasi-judicial body.•A quasi-judicial body is an individual or

organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.

•Such bodies usually have powers of adjudication in such matters as: breach of discipline conduct rules trust in the matters of money or otherwise

•Example: Commission on Human Rights

Rights under Article III Section 11Right to adequate legal assistance.

Public Attorney’s OfficePAO Mission

The 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 in consonance with the Constitutional mandate that “free access to courts shall not be denied to any person by reason of poverty” in order to ensure the rule of law, truth and social justice as components of the country’s sustainable development.

Article III 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.

Article III Section 12

(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.

Rights of person under investigation.

1. to be informed of his right to remain silent;2. to have competent and independent

counsel preferably of his own choice or to be provided with one.

3. against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will; and

4. against being held in secret, solitary, incommunicado, or other similar forms of detention.

Example.

A violation against Article III Section 12(2) has been recorded on 18 August 2010, when policemen were caught on cell phone video, torturing an accused thief. Binayug, the alleged Manila Police District officer who was in the video, denied the crime though in his statement during Senate hearing.

Article III Section 12

(3)Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

Article III Section 12

(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 of similar practices, and their families.

Example.

•The Manila Police District (MPD) and the National Capital Region Police Office (NCRPO) investigated the case of the torture incident on 08 August 2010.

…Example.

•Torture is now considered a heinous crime under Republic Act No. 9745 or the Anti-Torture Act of 2009. If found guilty of violating RA 9745, perpetrators could face a 12 to 20-year prison sentence. If the torture victim dies, the perpetrators shall be sentenced to life imprisonment.”

Article III 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.

Meaning of bail.

•Bail▫is the security required by a court given for

the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified.

Who may not invoke the right to bail.

1. It cannot be invoked where the applicant is not yet in custody of the law…

2. It is also not available to one charged with capital offense or an offense punishable by reclusion perpetua, life imprisonment, or death if the evidence of his guilt is strong.

Meaning of capital offense.

•A capital offense▫is an offense which, under the law existing

at the time of its commission, and at the time of the application to be admitted to bail, may be punished with reclusion perpetua, life imprisonment, or death.

Reclusion Perpetua

•Reclusion perpetua - Spanish, from Latin: reclusio perpetua, meaning "permanent imprisonment.“

Reclusion Perpetua under the Revised Penal Code.

‘The Code (Revised Penal Code) does not prescribe the penalty of life imprisonment for any of the felonies therein defined, that penalty being invariably imposed for serious offenses penalized not by the Revised Penal Code but by special law.

…under the Revised Penal Code

Reclusion perpetua entails imprisonment for at least thirty [30] years after which the convict becomes eligible for pardon. It also carries with it accessory penalties, namely: perpetual special disqualification, etc. It is not the same as life imprisonment which, for one thing, does not carry with it any accessory penalty, and for another, does not appear to have any definite extent or duration.’

Article III Section 14

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

Right to due process of law in criminal cases.1. Due process in its procedural aspect. – A

person cannot be held to answer for a criminal offense without due process of law. It requires that:

a. the accused must be – 1. tried before a competent court (i.e., court

having jurisdiction);2. given a fair and impartial trial; and3. allowed to use legal means and opportunity

to defend himself; and

Right to due process of law in criminal cases.b. The judgment awarded against him must be

within the authority of a valid law.2.Observance of fundamental fairness. – As

applied to a criminal trial, denial of due process, it has been said, is the failure to observe that fundamental fairness essential to the very concept of justice.

Article III Section 14

(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.

…Article III Section 14(2)

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.

Rights under Article III Section 14(2).

1. Right to presumption of innocence.2. Right to be heard by himself and

counsel.3. Right to be informed of the nature and

cause of the accusation against him.4. Right to have a speedy, impartial , and

public trial.5. Right to confrontation of witnesses.6. Right to compulsory production of

witnesses and evidence.

Article III 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.

Meaning of writ of habeas corpus.•The writ of habeas corpus 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, and to show sufficient cause for holding in custody the individual so detained.

Purpose of the writ.

•It has for its purpose to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. The writ is proper remedy in each and every case of detention without legal cause or authority. Its principal purpose then is to set the individual at liberty.

Suspension of the privilege of the writ.•The privilege of the writ of habeas corpus

(not the writ itself) may be suspended by the President (Art. VII, Sec. 18.) in case only of invasion or rebellion, when public safety requires it. Consequently, the person under detention by the government may not obtain his liberty by its use.

Suspension of the privilege of the writ.•The suspension of the privilege of the writ

enables the State “to hold in preventive imprisonment pending investigation and trial of persons who plot against it or commit acts that endanger its very existence. Thus, the suspension, in effect, sanctions or allows arrests and seizures without warrants issued by the courts.

Article III Section 16

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

Right under Article III Section 16.•Right to speedy disposition of cases.

1. Importance of right. – The provision upholds the time-honored tradition of speedy justice for as stated in truism – “Justice delayed is justice denied.”

2. Invocation of right. – The right to a speedy disposition of cases can be invoked only after the termination of the trial or hearing of a case.

Right under Article III Section 16

3. Time limit in disposition of cases. – Under the present Constitution, the Supreme Court, all lower collegiate courts, and all other lower courts are required to decide or resolve cases within a certain period of time.

4. Cases contemplated. – The provision contemplates the disposition of cases involving private interests not only before judicial bodies, but also before quasi-judicial and administrative bodies.

References.

1. De Leon, H. & De Leon, H. Jr. (2011). Textbook on the Philippine constitution 2011. Manila: Rex Book Store.

2. www.chr.gov.ph3. www.enotes.com4. www.abs-cbnnews.com5. www.philstar.com6. www.chanrobles.com