YOUR HUMAN RIGHTS
(FLAG is uploading its most recently updated
Primer entitled "Your Human Rights." This was first produced and
disseminated during Martial Law. It was updated during the declaration by Mrs.
Arroyo of a State of
UNDER THE
CONSTITUTION, AND IN TIMES OF EMERGENCY THE PRESIDENT MAY RESORT TO ANY OF
THESE EMERGENCY POWERS –
The President, whenever it becomes necessary, may call out the armed forces
to prevent or suppress lawless violence, invasion, or rebellion.
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Congress
need not concur for the call out to be effective. It is important to remember
that while the implementation of the President's decision to call out the armed
forces is subject to judicial review, the courts will rarely, if ever,
invalidate the factual findings of the President's decision.
v
Justice
Kapunan in his dissent in Lacson v Perez said that a declaration of a
"state of rebellion" only gives notice to the nation that it exists
and that the armed forces may be called to prevent or suppress it. Such
declaration does not justify any deviation from the constitutional proscription
against unreasonable searches and seizures. FLAG believes the calling out of
the armed forces and the declaration of a "state of rebellion" do
not—and can never—authorize the suspension of any of your constitutional
rights.
In case of
invasion or rebellion, and only when the public safety requires it, the
President may suspend the privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law, but:
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The
President must submit a report to Congress within 48 hours from such suspension
or declaration;
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Congress,
voting as one body, may revoke the suspension or shorten the period;
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The President must respect the decision of
Congress.
(a)
The
existence of an actual rebellion or invasion is not in itself a ground to
suspend the privilege of the writ of habeas corpus or to declare martial law unless
the public safety requires it.
(b) Congress may also extend the suspension or declaration upon the initiative
of the President if the invasion or rebellion persists and the public safety requires
it.
(c) If Congress is not in session when the suspension or declaration is made,
it shall convene in 24 hours without need for call.
(d) The suspension of the privilege of the writ of habeas corpus or martial law
shall last for a period not exceeding 60 days unless extended by Congress upon the
initiative of the President. Congress cannot extend its duration if the
President does not make the initiative.
(e) The suspension applies only to persons charged in court (not just in the
fiscal's or prosecutor's office) for rebellion or offenses inherent in or directly
connected with invasion. If the person arrested or detained is not charged in
court within 3 days of his/her arrest, s/he must be immediately released.
(f) The declaration of martial law does not carry with it the automatic suspension
of the privilege of the writ of habeas corpus, does not suspend the operation
of the Constitution, supplant civilian courts, authorize the military to
exercise jurisdiction over civilians, or give the President the power to legislate.
(g) The Supreme Court may review the sufficiency of the factual basis of the
suspension or declaration upon petition of any citizen, who need not be a
taxpayer. The Supreme Court may entertain the petition even during the first 60
days of the suspension or declaration, and must decide the case within 30 days
from filing.
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In
times of national emergency, the President may temporarily take over or direct
the operation of any privately owned public utility or business affected with
public interest.
(a) A national emergency refers to a situation where there is a threat of external
aggression or calamities or natural disasters, including military or economic
dislocations. Labor strikes do not constitute a national emergency unless the
strikes are of such proportion that they would paralyze government service.
(b) The take-over may only be done during the emergency and under reasonable
terms. Only the operations of any privately owned business utility or business
affected with public interest may be taken over. The transfer of ownership of
such business is not required. The owner of any business taken over shall be
properly compensated, when prejudiced by the take-over. The owner cannot
prevent the take-over during the period of emergency but may contest it later.
(c) The President may not resort to sequestration by virtue of the state of
emergency.
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The
President may, in the interest of national welfare or defense, establish and
operate vital industries. Upon payment of just compensation, the government may
also transfer to public ownership utilities and other enterprises to be
operated by it.
The President
may exercise powers authorized or delegated by Congress.
(a) The powers that may be authorized by Congress do not include the power
to legislate. The areas over which Congress may delegate to the President
certain authority must be limited to meet the exigency of the emergency and
nothing more.
(b) The powers that may be authorized by Congress must cease upon withdrawal
by, or next adjournment of, Congress. Hence, the exercise of such powers is not
coextensive with the existence of the emergency.
IN ANY
SITUATION, YOU DO NOT LOSE YOUR BASIC RIGHTS, SUCH AS—
Ø
The
right to life;
Ø
The
right not to be tortured, nor subjected to cruel, Inhuman or degrading
treatment or punishment;
Ø
The
right not to be subjected to forced labor;
Ø
The
right not to be imprisoned for non-payment of debt;
Ø
The
right not to be punished for an act which was not yet a crime at the time of
its commission;
Ø
The
right to be recognized and treated as a person; and
Ø
The
right to freedom of thought, conscience and religion.
These rights are
absolute. Under no condition can their fulfillment or enjoyment be suspended.
This is true even when martial, law or any other state of public emergency has
been declared. These are non-derogable rights under the International Covenant
on Civil and Political Rights to which the Philippine Government is a party.
There are other rights that are considered inalienable and inviolable, such as—
Ø
The
right not to have your house searched without a search warrant issued by a Judge
and not to have anything seized which is not specified in the search warrant.
However, if you are legally arrested, your person and immediate surroundings
may be searched for dangerous weapons, and any evidence found on your person or
Immediate vicinity (only on your person and immediate vicinity) which may have
been used to commit the crime for which you are being arrested may be seized.
Ø
The
right to liberty and security of person. You can be deprived of liberty only on
grounds and procedures established by the Constitution and existing law.
Ø
The
right not to be arrested except on evidence that a crime has been committed and
that you probably committed it. You may be arrested only on the strength of a
warrant of arrest issued by a Judge, except:
* When you have committed, are actually committing, or are attempting to
commit an offense in the presence of the arresting officer;
* When an offense has just been committed and the arresting officer has
probable cause to believe, based on personal knowledge of facts and
circumstances, that you committed the offense;
* When you have escaped from prison or detention or while being transferred
from one confinement to another.
The legality of your arrest must be determined in an inquest proceeding
conducted by a civilian prosecutor. The prosecutor, in a summary proceeding,
can:
(a) Order your release (this may or may not be subject to a full-blown
preliminary investigation);
(b) Affirm the legality of your arrest, and prepare the corresponding complaint
or information with the trial court.
(c) Often the inquest prosecutor will ask the person arrested if s/he desires a
preliminary investigation; in which case s/he will be asked to sign a waiver.
Do not sign the waiver without being duly informed of the nature and consequences
of signing it. Signing the waiver may—and often does—mean that you are going to
remain in detention, pending a preliminary investigation. It may also mean that
you are waiving your right to file cases against those who arrested you.
While under arrest or detention, if you are questioned or investigated by
the police or military, you have the following rights:
* To be informed of your right to remain silent and other constitutional
rights;
* To have competent and independent counsel preferably of your own choice; and
* To be provided with counsel if you cannot afford one.
In all criminal prosecutions, you have the following rights:
* Not to be compelled to testify against yourself;
* To remain silent and to counsel;
* To be informed of the nature and cause of the accusation against you;
* To have a speedy, public and impartial trial;
* To appeal any conviction;
* To be presumed innocent until the contrary is proven;
* To be present and heard by yourself and counsel;
* To avail of court processes to secure the compulsory attendance of witnesses
and the presentation of evidence in your defense; and
* To meet the witnesses face-to-face and to cross-examine them.
* The right to a preliminary investigation.
* The right against double jeopardy.
* Before conviction, the right to bail except for capital offenses when
evidence of guilt is strong.
* The right to be treated with humanity and with respect for your personal
dignity.
* The right to liberty of abode and the right to travel.
What to do IF YOUR HOUSE OR OFFICE IS SEARCHED
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Your
house or office cannot be searched without a warrant duly issued by a Judge.
When a valid search warrant is issued, the searching party can only seize those
things that are particularly described in the search warrant, unless you consent,
or the articles are contraband in plain view. However, if you are arrested,
your person and immediate surroundings may be searched for dangerous weapons
and evidence that you committed the crime for which you are being arrested; any
evidence which may be found on your person or immediate vicinity can be seized.
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A
search warrant is valid if:
- It is signed by the Judge;
- It specifies one offense only;
- It describes with particularity the exact location and/or address of the
place to be searched and lists down
exactly what things are to be seized;
- It is used within ten days from its issuance.
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A
search warrant must be served during the daytime unless the affidavit
supporting it asserts that the property is on the person or in the place
ordered to be searched, in which case the warrant must specifically direct that
it can be served at any time of the day or night.
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If
the warrant is invalid, the search and seizure is unlawful, Any evidence
obtained as a result of an unlawful search and seizure cannot be used as evidence
in any proceeding. You may peacefully refuse, without liability, an unlawful
search and seizure. You may also file criminal, civil or disciplinary action
cases against the officer serving an unlawful warrant.
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Where
there is no search warrant, do not voluntarily submit yourself to a search.
Object immediately. Do not agree to be searched but do not physically resist. A
warrantless search without your express, prior and voluntary consent is
illegal.
During a search:
v
Before
allowing your home or office to be searched, ask for and read the search
warrant. Examine it carefully to see if it:
(a) states your address;
(b) describes the items to be seized with particularity;
(c) is signed by a civilian judge;
(d) specifies only one offense; and
(e) is being used within 10 days from its issuance.
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Contact
your lawyer by the most expedient means (telephone, text message) and inform
him/her that your home or office is about to be searched.
The search party has the right to break any outer or inner door or window to
effect the search if the search party is refused admittance to the place of the
search after giving notice of the purpose and authority for the search.
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If it
is a valid warrant, only then should you allow the search to be conducted. Upon
letting the search party enter your premises, ask for their names, rank, and
the office or unit to which they belong. Get the name and rank of the
commanding officer.
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During
the search, accompany the group conducting the search at all times. This
lessens the possibility of their planting documents, weapons or other materials
in your home or office.
Remember: The search party is allowed to conduct
the search only in the presence of the lawful occupant or any member of his/her
family, If no occupant or family member is present, the search must be
conducted in the presence of two witnesses of sufficient age and discretion who
reside in the locality. This means that every room, compartment, section or
portion of the place cannot be searched unless the above witnesses are present.
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If
anything is taken from your home or office, the officer seizing the property
must give you a detailed receipt. Before signing the receipt—
(a) Go over it carefully to ensure its accuracy in designation, description and
quantity;
(b) If there are blank spaces that might be used by unscrupulous police
officers to "add" items that were not actually found during the
search, ask the officer to place a line across the blank space.
(c) Insist that you be given a copy of the receipt; if they agree, make sure
that the copy accurately reflects the original.
(d) If there is anything in the receipt that tends or appears to be
incriminating, tell the searching party you are invoking your right to a lawyer
and to remain silent and that you refuse to sign anything without talking to
your lawyer first.
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You
may be asked in sign an affidavit of orderly search. If the search was not
conducted in an orderly manner, do not sign the affidavit. Instead, register your
objection. In any case, read it very carefully and tell the police officers you
want to consult your lawyer before you sign anything.
IF YOU ARE INTERCEPTED AT A STOP-AND-FRISK OPERATION
The "stop" and the "frisk" are actually two separate acts.
Ø
The
"stop" is employed by the police to investigate a suspicious
individual. It involves briefly detaining you for the limited purpose of determining
if any further police action should be taken against you.
Ø
The
"frisk" is intended for the safety of the police officer. It involves
an actual physical invasion of your body for the limited purpose of determining
if you are armed with a deadly or dangerous weapon.
Ø
If
the police officer has reasonable grounds to "stop" you for
investigation, s/he does not automatically have the right to "frisk"
you. A "frisk" may only be done if the police officer has good reason
to believe that you are armed with a deadly or dangerous weapon.
Ø
The
"stop" may provide the police officer with a valid ground to arrest
you, if you have a standing warrant of arrest or if there are valid grounds to effect
a warrantless arrest. But if the "stop" does not provide the police
officer with the legal basis to arrest you, there is no reason to believe that you
are armed and the police officer must let you go.
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In
upholding stop-and-frisk operations, the Philippine Supreme Court relied to a
large extent on the ruling of the United States Supreme Court in Terry v.
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In a
stop and frisk situation, remember:
o
The
police officer may ask for your identity but s/he cannot require you to present
your identification papers;
o
The
police officer may frisk you only if s/he has reasonable suspicion that you are
armed. The frisk should only involve patting down the outer shell of your
clothing, but the police officer cannot order you to take off your clothes to
see if you have body marks or tattoos; neither can the police officer open your
bag or ask to see your wallet;
o
If,
during the frisk, the police officer feels an object that could be a concealed
weapon, the officer may take it out to examine it. If it is a deadly or dangerous
weapon, the officer may seize it;
o
The police
officer may seize any concealed weapon (gun, knife) found on you and charge you.
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If
you believe that you are a target of police harassment, do not act
belligerently. Instead, file criminal, civil or disciplinary action cases
against the erring police officer.
IF YOU ARE
STOPPED AT A CHECKPOINT
Remember:
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You
need not step out of the vehicle nor open its trunk. The inspection must be
limited to a visual search. Neither the inside of the vehicle nor the occupants
are subject to a search. Only objects in plain view of the officers conducting
the search are subject to seizure.
An extensive search is allowed only if the officers conducting the search have
probable cause to believe before the search that either the motorist is an
offender or that they will find evidence pertaining to the commission of a
crime in the vehicle to be searched.
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When
ordered to step out of the vehicle or open its trunk, do not readily accede to
the order. Ask the officer or officers conducting the search for their names,
their official positions, the office or unit to which they belong and reason
for the order. If you believe that the order is unjustified, object firmly but
peacefully to the order and state that you are not waiving any of your rights. Nonetheless,
even if you fail to object, any evidence obtained as a result cannot be used against
you. Consent under intimidating or coercive circumstances is not consent within
the purview of the Constitution.
The right against unreasonable searches and seizures may be impliedly waived if
you do not object to the unreasonable search.
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If
you are being arrested because of any incriminating evidence found on your
person or in the vehicle, follow the advice in the succeeding section.
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Checkpoints
are allowed only under exceptional circumstances (in red alert situations where
the survival of organized government is on the balance or the lives and safety
of the people are in grave peril or when there is a need to arrest a criminal
or fugitive from justice). When the exceptional circumstances no longer exist,
checkpoints are no longer allowed, and any checkpoints established are illegal.
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The
area where checkpoints are established must be properly lighted. Clear and
legible signs must be exhibited to that searches are being conducted. . Enforcement
officers must at all times be in uniform with their identification cards and
nametags on. The unit manning checkpoints must always be led by an officer with
the rank of lieutenant, If these standards are not met, you may report all
instances of non-compliance to the police and military authorities for proper
action.
IF YOU BELIEVE
THAT YOU WILL BE ARRESTED OR SALVAGED
Take
the following precautions:
v
Do
not go out alone. The risk of disappearance and being salvaged increases
because no one witnesses or is willing to testify to the arrest of the person
who disappeared/was salvaged.
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Avoid
going to places where no one knows you.
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Do
not stay at home or elsewhere alone.
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Tell
your family or friends of the possibility of your being arrested, and what to
do in case you are arrested. Tell them specifically whom to run to for help,
how to get in touch with them, and where to search for you.
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Before
going out, tell your family or friends where you are going, whom you will see,
why, how long you expect to be out, and what to do if you fail to return on
time, or fail to reach your destination, or keep your appointment. If you own a
cell phone, send a text message to yours friends or family informing them that
you have reached your destination and are proceeding to your next appointment.
v
When
you go out, always carry adequate identification, and avoid carrying anything
that could be construed as incriminating.
v
In
case you are being arrested, see to it that people know that you are being
arrested and by whom. If necessary, shout or make a scene to attract attention to
your arrest. If you own a cell phone, call or send a text message to your
family, friends and lawyer to inform them that you are being arrested.
v
Disappearances
and salvaging can be prevented or minimized if your family, friends or even
bystanders will accompany or follow you and your arresting officers to learn
where you are being taken and to show concern over your safety. As soon as
possible, they should notify a lawyer or respected member of the community (a
priest, teacher, doctor or civic leader) who, in turn, should try to visit you immediately.
v
During
detention, your family and friends should visit you as often as possible, and
send things to you (food, magazines, medicines, clothes, etc.) on days they
cannot or are not allowed to visit. Never agree to be taken out of jail or the
detention center by anyone unless accompanied by your lawyer or a member of
your family.
v
Even
if you have reliable information that there is a plan to arrest or salvage you,
it is not advisable to go into hiding. Instead, request your lawyer or other responsible
person to inquire if there is a warrant for your arrest, and if there is, to
arrange for you to present yourself to the proper authorities under adequate
guarantees for your safety. Meanwhile, prepare yourself by reviewing your
rights and deciding what you will do if you are arrested to protect your safety
and enforce your rights.
IF YOU ARE BEING ARRESTED
Remember:
v
Stay
calm. Being arrested is not the end of the world. Some apprehension is unavoidable;
but you can reduce this by concentrating on each event as it happens, and not
letting your imagination run wild about what will happen next.
v
Ask a
relative, friend or even a stranger (get the name and address) to witness your
arrest. If you own a cellular phone, send a text message to your family, friends
and lawyer informing them that you are being arrested. You may also call your
family, friends and lawyer so they may listen in on your arrest.
v
Ask
the person or persons arresting you for their names, their official positions,
and the office or unit they belong to.
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Ask
for a copy of their authority to arrest you and examine it carefully. Note
particularly if you are correctly named in the warrant of arrest, and the offense
for which you are being arrested.
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If
there is any defect in the warrant, register your objection to being arrested,
but do not use force.
v
If
you are lawfully arrested, you may be searched for dangerous weapons or
anything which may be used as proof that you committed the crime for which you
are being arrested.
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Inquire
from your arresting officer where you will be taken. Ask that you be
accompanied by the relative, friend or stranger who witnessed your arrest.
Assure the arresting officers that this is for their protection as well as
yours.
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Ask
to be allowed to telephone your lawyer; if denied, ask your relative, friend or
other witness to your arrest, to do so. Inform your lawyer of your arrest, the
identity of the arresting officers, the cause of your arrest, and where you
will be taken.
v
Do
not, at any time, offer any physical resistance to the arrest. State that you
object to your arrest and are not waiving any of your rights, but are going peacefully
in order to avoid violence.
v
If
the persons making the arrest are in civilian clothes, or refuse to give their
names or show any warrant of arrest, refuse to go with them. Ask them to let
you call for a policeman to verify their authority. Do not agree to being
blindfolded. The law requires arresting officers to be properly dressed, to
behave properly and to respect your rights and your dignity. If the arresting
officers violate these requirements, do not cooperate, but do not use violence
either. Make them carry you out, shout for help, create a scene so that your
neighbors and other passers-by may notice what is happening. Remember all violations
of your rights, and complain about them at the first opportunity after your
arrest, when you are presented to a judge or fiscal.
v
If
you are told that you are not being arrested but merely invited for
questioning, reply that you will consult your lawyer first. Do so, then get
your lawyer to talk to the officers and arrange a date, time and place for your
questioning. If they do not allow you to consult your lawyer, refuse to go
along with them. If they insist, their acts become an arrest, and the preceding
advice applies.
v
The
general rule is that you can only be arrested upon proper warrant of arrest
issued by a competent Court. However, there are three exceptions to this Rule:
o
When
you have committed, are actually committing, or attempting to commit an offense
in the presence of the arresting officer;
o
When
an offense has just been committed and the arresting officer has probable cause
to believe based on personal knowledge of facts and circumstances that you
committed the offense;
o
When
you have escaped from prison or detention or while being transferred from one
confinement to another.
REPEAT: REMAIN CALM. Concentrate on what is happening now. Do not
imagine what will happen next. Many of our fears are self-created. Above all,
do not worry if you forget to do any of the things listed above. They are
counsels of perfection, not always attainable. As long as you remain calm and
collected, you will be able to protect your rights.
IF YOU HAVE ALREADY BEEN ARRESTED
These are your rights:
v
To
remain silent and to be assisted by a competent and independent lawyer of your
choice.
v
Not
to be subjected to torture, manhandling, intimidation, deceit, promises of
reward or leniency of any means (drugs, hypnosis, etc.) that vitiate or weaken
your free will.
v
To be
brought for inquest as soon as possible, but not later than:
o
12
hours after arrest for a light offense
o
18
hours after arrest for a less grave offense
o
36
hours after arrest for a grave offense.
The legality of
your arrest must be determined in an inquest proceeding conducted by a civilian
prosecutor. The prosecutor, in a summary proceeding, can
(a) Order your release (this may or may not be subject to a full-blown
investigation);
(b) Affirm the legality of your arrest, and prepare the corresponding complaint
or information with the trial court. Very often the inquest prosecutor will ask
the person arrested if s/he desires a preliminary investigation; in which case
s/he will be asked to sign a waiver. Do not sign the waiver without being duly informed
of the nature and consequences of signing it. Signing the waiver may—and often
does—mean that
you are going to remain in detention, pending a preliminary investigation. It
may also mean that you are waiving your right to file cases against those who arrested
you.
If you are
questioned or investigated by the police or military, you have the following
rights, among others:
Ø
To
remain silent;
Ø
To
have competent and independent counsel preferably of your own choice;
Ø
To be
provided with counsel if you cannot afford one; and
Ø
To be
informed of these rights, and to be told that anything
you say may be used against you in court.
In all criminal
prosecutions, you have the following rights:
Ø
Not
to be compelled to testify against yourself;
Ø
To
remain silent and to counsel;
Ø
To be
informed of the nature and causes of the accusation against you;
Ø
To
have a speedy, public and impartial trial;
Ø
To
appeal any conviction;
Ø
To be
presumed innocent until the contrary is proved;
Ø
To be
present and heard by yourself and counsel;
Ø
To
avail of court processes to secure the compulsory attendance of witnesses and
the presentation of evidence in your defense; and
Ø
To
meet the witnesses face-to-face and to cross-examine them.
Ø
When
you are brought before the Judge, to make a formal complaint if you have been
denied counsel, forced to confess, or manhandled, tortured or intimidated.
Ø
To be
released on reasonable bail, unless you are charged with a crime punishable by
death and the evidence of your guilt is strong.
o
Release
on bail does not bar you from challenging the validity of your arrest nor the
legality of the warrant of arrest, provided you raise these challenges before
being arraigned.
o
All
arresting, detaining, inviting or investigating officers and their companions
must follow and observe the following, procedures, guidelines and duties, at
the time of your arrest and again during your custodial investigation. These
guidelines, procedures and duties were laid down by the Supreme Court in People
v. Mahinay (G.R. No.
122485,1 February 1999):
Ø
You
must be informed in a language known and understood by you of the reason for
your arrest, and you must be shown the warrant of arrest. All other warnings,
information or communication must be in a language known and understood by you.
Ø
You
must be warned that you have the right to remain silent and that any statement
you make may be used as evidence against you.
Ø
You must
be informed that you have the right to be assisted at all times and have the
presence of an independent and competent lawyer of your own choice.
Ø
You
must be informed that if you have no lawyer or you cannot afford the services
of a lawyer, one will be provided for you; and that a lawyer may also be
engaged by any person on your behalf, or may be appointed by the court upon a
petition by you or by one acting on your behalf.
Ø
Whether
or not you have a lawyer, you must be informed that no custodial investigation
in any form shall be conducted except in the presence of your lawyer or unless
you have validly waived any of your rights.
Ø
You
must be informed that you have the right, at any time, to communicate or confer
by the most expedient means (telephone, text message, radio, letter, or
messenger) with your lawyer, any member of your immediate family, any medical doctor,
priest or minister you choose or one chosen by your immediate family or lawyer;
you must also be informed that you have the right, at any time, to be visited
by and confer with duly accredited national or international non-governmental
organizations.
Ø
You
must be informed that you have the right to waive any of your rights provided
you do so voluntarily, knowingly, intelligently and you understand the
consequences of your waiver.
Ø
If
you waive your right to a lawyer, you must be informed you must waive your
right in writing and in the presence of your lawyer, otherwise you must be
warned that your waiver is void even if you insist on your waiver and you
choose to speak.
Ø
You
must be informed that you may indicate in any manner at any time or stage of
the process that you do not wish to be questioned and that once you make such
indication, you may not be interrogated, if the interrogation has not yet begun,
or the interrogation must cease if it has already begun.
Ø
You
must be informed that your initial waiver of your right to remain silent, your
right to counsel, or any of your rights, does not bar you from invoking yours
rights at any time during the process, regardless of whether you have answered
some questions or volunteered some statements.
Ø
You
must also be informed that any statement or evidence obtained in violation of
any of the above procedures or guidelines, whether inculpatory or exculpatory,
in whole or in part, is inadmissible in evidence.
(a) A common practice of investigating officers is to present a person arrested
with a confession already drawn up and ready for signature, then to intimidate the
suspect into signing the statement without reading it. And since uncounselled
confessions have been disallowed under the Constitution, the investigating officers
now have lawyers who are ready to assist you during the confession, to make
everything legal and valid. Remain firm, but respectful. Insist that you would like
to get your own lawyer, and ask for the opportunity to get in touch with your
lawyer. Since they now know that you know your rights, the chances that you
will be manhandled are reduced.
(b) lf you have not been informed of your rights to remain silent and to
have competent and independent counsel of your choice, the arresting officer or
employee or the investigating officer who fails to inform you of your rights is
liable to suffer a fine or a penalty of imprisonment,
or both. If the arresting officer or employee or investigating officer has been
previously convicted for a similar offense, s/he shall suffer the penalty of
perpetual absolute disqualification.
(c) If the arresting officer or employee or the investigating officer or anyone
acting upon their orders or in their place, fails to provide you with competent
and independent counsel if you cannot afford the services of your own counsel,
s/he is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting
officer or employee or investigating officer has been previously convicted for
a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.
(d) Whoever obstructs, prevents or prohibits your lawyer, any member of your family,
any medical doctor or religious minister, from visiting and conferring
privately with you, or from examining and treating you, or from ministering to
your spiritual needs, at any hour of the day, or, in urgent cases, of the
night, is liable to suffer the penalty of imprisonment and a fine.
IF YOU ALREADY ARE UNDER DETENTION
Your
rights are:
Ø
To be
treated as a human being.
Ø
To
due process, which comprises the rights:
o
To be
informed of the written regulations governing the detention center;
o
Not
to be punished for any act except in accordance with those regulations;
o
To be
subjected to only such punishment for breaches of discipline as are the least
restrictive means to maintain order and security in the detention center;
o
Not
to be subjected to corporal punishment, confinement in a dark cell or total
isolation (bartolina).
Ø
To
receive visits from your family, friends and lawyers.
Ø
To
practice your religion.
Ø To adequate food and, if you desire, to procure food from outside, through the administration of the detenti