D. MIRANDA RIGHTS Section 12, Art. III.

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 the presence ofcounsel.

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the freewill 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 this or Section 17 hereof shall be inadmissible in evidence against him.

4. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. called the “Miranda Doctrine” (Miranda vs Arizona)

Miranda Doctrine – prior to any questioning during custodial investigation,the person must be warned that he has a right to remain silent, that any statement he gives may be used as evidence against him, and that he has the right to the presence of an attorney, either retained or appointed. Thedefendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly, and intelligently.

Purpose of the Doctrine

In Miranda v Arizona, the US Supreme Court established rules to protect a criminal defendant's privilege against self-incrimination from the pressures arising during custodial investigation by the police. Thus, to provide practical safeguards for the practical reinforcement for the right against compulsory self-incrimination, the Court held that “the prosecution may not use statements,whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.

Requisites of the Miranda Doctrine(1) any person under custodial investigation has the right to remain silent;

(2) anything he says can and will be used against him in a court of law;(3) he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; and(4) if he cannot afford an attorney, one will be provided before any questioning if he so desires.

Custodial investigationdefined· Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.· Begins as soon as the investigation is no longer a general inquiry unto an unsolved crime, and direction is then aimed upon a particular suspect who has been taken into custody and to whomthe police would then direct interrogatory questions which tend to elicit incriminating statements.· Shall include the practice of issuing an invitation to a person who is investigated in connection with an offense heis suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law.

Extrajudicial confession is Admissible when:(a) Voluntary(b)With assistance of counsel(c) In writing, and(d) Express

Rights Under Custodial Investigation(a) To be informed of right to remain silent and to counsel· Carries the correlative obligation on the part of the investigator to explain and contemplateseffective communication which results in the subject understanding what is conveyed.(People v. Agustin)

 (b) To be reminded that if he waives his right to remain silent, anything he says can and will be used against him(c) To remain silent(d) To have competent and independent counsel preferably of own choice(e) To be provided with counsel if the person cannot afford the services ofone(f) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him(g) Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited(h) Confessions or admissions obtained in violation of these rights are inadmissible as evidence (exclusionary rule)

Rights That May Be Waived[waiver must be in writing and in the presence of counsel] (a) Right to remain silent (b) Right to Counsel

Rights That Cannot Be Waived(a) Right to be informed of his right to remain silent and to counsel(b) Right to counsel when making the waiver of the right to remain silent or to counsel· Right to counsel de parte is not unlimited. Accused cannot repeatedly ask for postponement. He must be provided with counsel de oficio. · RA 7309: victims of unjust imprisonment may file their claims with the Board of Claims under DOJ·

Res Gestae: The declaration of the accused acknowledging guilt made to the police desk officer afterthe crime was committed may be given in evidence against him by the police officer to whom theadmission was made, as part of the res gestae.·

In People v. Galit, rights under custodial investigation may be waived. TheConstitution says; “These rights cannot be waived except in writing and in the presence of counsel.” In localities where there are no lawyers, the State must bring the individual to a place where there is one.

Termination of rights under custodial investigation:When Charges are filed against the accused (in such case, Sections 14 and 17 come into play).·

In Gutang v. People, the Court held that urine sample is admissible. “What the Constitution prohibits is the use of physical or moral compulsion to extort communication from the accused, but not an inclusion of his body in evidence, when it may be material. In fact, an accused may be validly compelled to be photographed or measured, or his garments or shoes removed or replaced, or to move his body to enable the foregoing things to be done,without running afould of the proscription against testimonialcompulsion.

E. RIGHT TO BAIL Section 13, Art. III. 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.

Bail– is security given for the release of a person in custody of law, furnished by him or a bondsman, to guaranty his appearance before any courtas may be required

Kinds of Bail(a) Cash bond (b) Security bond

Who May Invoke?A person under detention even if no formal charges have yet been filed (Rule 114, Rules of Court)

Who Are Entitled?(a) Persons charged with offenses punishable by Reclusion Perpetua or Death, when evidence of guilt is strong.(b) Persons convicted by the trial court. Bail is only discretionary pending appeal.(c) Persons who are members of the AFP facing a court martial.· In Paderanga v. CA, all persons actually detained, except those charged with offenses punishable by reclusion perpetua or death when evidence of guilt is strong, shall, before conviction, be bailable but sufficient sureties. One is under the custody of the law either when he has been arrested or hassurrendered himself to the jurisdiction of the court, as in the case where through counsel petitioner for bail who was confined in a hospital communicated his submission to the jurisdiction of the court.

Other Rights in Relation to BailThe right to bail shall NOT be impaired even when the privilege of the writof habeas corpus is suspended.· Excessive bail shall not be required.

Factors in Fixing Amount of Bail(a) Ability to post bail(b) Nature of the offense(c) Penalty imposed by law(d) Character and reputation of the accused(e) Health of the accused(f) Strength of the evidence(g) Probability of appearing at the trial(h) Forfeiture of previous bail bonds(i) Whether accused was a fugitive from justice when arrested(j) If accused is under bond in other cases

Implicit Limitations on the Right to Bail(a) The person claiming the right must be in actual detention or

custody of the law. In People v. Donato, charged with rebellion, a

bailable offense, Salas nevertheless agreed “to remain in legal custody during the pendency of the trial of his criminal case.”The Court held that he does not have the right to bail, because of his act he has waived his right.

(b) The constitutional right is available only in criminal cases, not,e.g. in deportation and extradition proceedings.

Note:(a) Right to bail is not available in the military.

In Comendador v. De Villa, soldier under court martial does not enjoy the right to bail. It is because of the disciplinary structure of the military and because soldiers are allowed the fiduciary right to be at arms and can therefore cause great havoc... Nor can appeal be made to the equal protection clause because equal protection applies only to those who are equally situated.

(b) Apart from bail, a person may attain provisional liberty through recognizance.

In US v. Puruganan, the Court held that extradition is not a criminal proceeding. Hence, since bail is available only in criminal proceedings, a respondent in an extradition proceeding is not entitled to a bail. He should apply for a bail in the court where he will be tried.

  F. RIGHTS OF THE ACCUSED Section 14, Art. III.

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

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. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure toappear is unjustifiable.

The Rights of the Accused Include:1. Criminal due process;2. Presumption of innocence;

3. Right to be heard by himself or counsel;4. Right to be informed of the nature and cause of the accusation against him;5. Right to speedy, impartial and public trial;6. Right to meet the witnesses face to face;7. Right to compulsory process to secure attendance of witnesses and production of evidence; 8. trial in absentia

1. Criminal Due Process Criminal process includes:a) Investigation prior to the filing of chargesb) Preliminary examination and investigation after charges are filedc) Period of trial

Requirements of Criminal Due Process1. Impartial and competent court in accordance with procedure prescribed bylaw;2. Proper observance of all the rights accorded the accused under the Constitution and the applicable statutes (example of statutory right of the accused: right to Preliminary investigation)·

Mistrialmay be declared if shown that proceedings were held under circumstances as would prevent the accused from freely making his defense or the judge from freely arriving at his decision. There is violation of due process when law not published and a person is impleaded for violation of such law.There is violation of due process when appeal is permitted by law but there is denial thereof.

2. Presumption of Innocence· Burden of proof to establish the guilt of the accused is with the prosecution.

 * Conviction depends on the strength of prosecution, not on the weakness of the defense· The presumption may be overcome by contrary presumption based on the experience of human conduct. (e.g unexplained flight may lead to an inference of guilt, as “the wicked flee when no man pursueth, but therighteous are as bold as a lion.”) · The constitutional presumption will not apply as long as there is some rational connection between thefact proved and the ultimate fact presumed, and the inference of one fact from proof of another shallnot be so unreasonable as to be a purely arbitrary mandate. –Cooley

· No inference of guilt may be drawn against an accused for his failure to make a statement of any sort.

In Dumlao v. Comelec, for the purposes of disqualification in an election, section 4 of BP Blg. 52 says that” the filing of charges for the commissionof such crimes before civil court or military tribunal after preliminary investigation shall be prima facie evidence of such fact (disqualification).”The Court held that this provision violates the guarantee of presumption ofinnocence. Although filing of charges is only prima facie evidence and may be rebutted, the proximity of elections and consequent risk of not having time to rebut the prima facie evidence already in effect make him suffer asthough guilty even before trial.

Equipoise Rule –evidence of both sides are equally balanced, in which case the constitutionalpresumption of innocence should tilt the scales in favor of theaccused.

3. Right to be Heard by Himself and Counsel

· Indispensable in any criminal prosecution where the stakes are the liberty or even the life of the accused· Assistance of counsel begins from the time a person is taken into custody and placed underinvestigation for the commission of a crime. ▪This is not subject to waiver.

· Right to counsel means the right to effective representation.

· If the accused appears at arraignment without counsel, the judge must:(a) Inform the accused that he has a right to a counsel before arraignment;(b) Ask the accused if he desires the aid of counsel;(c) If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed;(d) If the accused desires to obtain his own counsel, the court must give him a reasonable time to get one.

4. Nature and Cause of AccusationPurpose for the Right to be informed of the Nature and Cause of Accusation(1) To furnish the accused with a description of the charge against him as will enable him to make his defenses;(2) To avail himself of his conviction or acquittal against a further prosecution for the same cause;(3) To inform the court of the facts alleged.

  · The description and not the designation of the offense is controlling (The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated.)

· If the information fails to allege the material elements of the offense, the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements.

Void for Vagueness Rule – accused is denied the right to be informed of the charge against him and to due process as well, where the statute itselfis couched in such indefinite languagethat it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished and hence, shall be avoided.

· In Estrada vs Sandiganbayan, the Court held that the Void for Vagueness Doctrine merely requires a reasonable degree of certainty and not absolute precision or mathematical exactitude. 

5. The Trial Factors in Determining Whether There Is Violation(a) Time expired from the filing of the information(b) Length of delay involved(c) Reasons for the delay(d) Assertion or non-assertion of the right by the accused(e) Prejudice caused to the defendant.

·Effect of dismissal based on violation of this right:it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal was made with the consent of the accused.

Remedy if the Right is Violated(1) He can move for the dismissal of the case;(2) If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Speedy trial -1. Free from vexatious, capricious and oppressive delays2. To relieve the accused from needless anxieties before sentence is pronounced upon him

Impartial trial – the accused is entitled to the “cold neutrality of an impartial judge”. It is an element of due process.·

Public trial:The attendance at the trial is open to all irrespective of their relationship to the accused. However, if the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded.· The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if failedto object thereto.

  · The right to be present covers the period from arraignment to promulgation of sentence.·

General Rule:The accused may waive the right to be present at the trial by not showing up. However, the court can still compel the attendance of the accused if necessary for identification purposes.

▪Exception:If the accused, after arraignment, has stipulated that he is indeed the person charged with the offense and named in the information, and that any time a witness refers to a name by which he is known, the witness is to be understood as referring to him.

· Trial in Absentia is mandatory upon the court whenever the accused has been arraigned.

· There is also Promulgation in Absentia

· While the accused is entitled to be present during promulgation of judgment, the absence of his counsel during such promulgation does not affect its validity

· The trial in absentia does not abrogate the provisions of the Rules of Court regarding forfeiture of bail bond if the accused fails to appear at his trial.

· A court has the power to prohibit a person admitted to bail from leaving the Philippines as this is a necessary consequence of the nature and function of a bail bond

6. The Right to Meet the Witnesses Face to FacePurposes of the Right to Meet the Witnesses Face to Face

(1) To afford the accused an opportunity to cross-examine the witness(2) To allow the judge the opportunity to observe the deportment of the witness

Principal Exceptions to this Right(1) The admissibility of “dying declarations”(2) Trial in absentia under Section 14(2)

· With respect to child testimony

· Testimony of witness who was not cross-examined is not admissible as evidence for being hearsay.

· If a prosecution witness dies before his cross-examination can be completed, his direct testimony cannot be stricken off the record, providedthe material points of his direct testimony had been covered on cross.

· The right to confrontation may be waived.

7. Compulsory Process· The accused is entitled to the issuance of subpoena ad testificandum and subpoena duces tecum forthe purpose of compelling the attendance of witnessand the production of evidence that he may need for his defense.

 · Failure to obey –punishable as contempt of court.

· There are exceptional circumstances when the defendant may ask for conditional examination, provided the expected testimony is material of anywitness under circumstances that would make him unavailable from attending the trial.

8. Trial in AbsentiaTrial in Absentia May Only Be Allowed If the Following Requisites Are Met:(1) the accused has been validly arraigned;(2) Accused has already been arraigned;(3) Accused has been duly notified of the trial; and(4) His failure to appear is unjustifiable.

G. HABEAS CORPUS Section 15, Art. III. The privilege of the writ of habeas corpus shall not be suspended except incases of invasion or rebellion, when the public safety requires it.

Writ of Habeas Corpus – is a written order issued by a court, directed to aperson detaining another, commanding him to produce the body of the prisoner at a designated time and place with the day and cause of his caption and detention.

Privilege of the Writ of Habeas Corpus – the right to have an immediate determination of the legality of the deprivation of physical liberty.

The President may suspend the privilege:(1) in cases of invasion or rebellion(2) when public safety requires it.

· Habeas corpus lies only where the restraint of a person's liberty has been judicially adjudged to beillegal or unlawful (In re: Sumulong)

· The writ is a prerogative writ employed to test the validity of detention

· To secure the detainee’s release

 · The action shall take precedence in the calendar of the court and must be acted upon immediately

When available(enumeration not exclusive)*restoration of liberty of an individual subjected to physical restraint

*may be availed of where, as a consequence of a judicial proceeding:1. there has been deprivation of a constitutional right resulting in the restraint of the person2. the court has no jurisdiction to impose the sentence, or3. an excessive penalty has been imposed, since such sentence is void as tothe excess.

 *May be extended to cases by which rightful custody of any person is withheld from the person entitled thereto When moral restraint is exerted (Caunca vs Salazar)

*Right was accorded a person was sentenced to a longer penalty than was subsequently meted out to another person convicted of the same offense.(Gumabon vs Director of Prisons)

*Unlawful denial of bail

When not available(enumeration not exclusive)

*the person alleged to be restrained is in the custody of an officer under a process issued by the court which has jurisdiction to do so *desaparecidos (disappeared persons) – persons could not be found; remedy is to refer the matter to Commission on Human Rights

ProcedureNeed to comply with writ; disobedience thereof constitutes contempt

Who may suspend the privilege?The President

Grounds for Suspension of the privilege1. invasion or rebellion2. when public safety requires it

Section 18, Art. VII. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ ofhabeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by theCongress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance withits rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the

factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies,nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Lansang doctrine (Lansang vs Garcia):SC has the power to inquire into the factual basis of the suspension of theprivilege of the writ. It is written in Article VII, Sec. 18 of the Constitution.

H. WRIT OF AMPAROA.M. No. 07-9-12-SC (25 September 2007) THE RULE ON THE WRIT OF AMPARO

SECTION 1.Petition. The petition for a writ of amparo is a remedy available to any person whoseright to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File.The petition may be filed by the aggrieved party or by any qualified personor entity in the following order:1. Any member of the immediate family, namely: the spouse, children and parents of the aggrievedparty;2. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or3. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party. The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. Likewise, the filing of the petition by an authorized party on

behalf of the aggrieved party suspends the right of all others, observing the order established herein.

SEC. 3.Where to File.The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed orany of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the threat, actor omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred.

SEC. 4. No Docket Fees.The petitioner shall be exempted from the payment of the docket and other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act upon it immediately.

SEC. 5. Contents of Petition.The petition shall be signed and verified and shall allege the following:1. The personal circumstances of the petitioner;2. The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation;3. The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with theattendantcircumstances detailed in supporting affidavits;4. The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals,

as well as the manner and conduct of the investigation, together with any report;5. The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; 6. The relief prayed for. The petition may include a general prayer for other just and equitable reliefs.

SEC. 6. Issuance of the Writ.Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court;or in case of urgent necessity, the justice or the judge may issue the writunder his or her own hand, and may deputize any officer or person to serve it. The writ shall also set the date and time for summary hearing of the petition which shall not be later than seven (7) days from the date of its issuance.

 SEC. 7. Penalty for Refusing to Issue or Serve the Writ.A clerk of court who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions.SEC. 8. How the Writ is Served.The writ shall be served upon the respondent by a judicial officer or by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

SEC. 9. Return; Contents.Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following:1. The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission;2. The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission;3. All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and

4. If the respondent is a public official or employee, the return shall further state the actions that have been or will still be taken:

i. to verify the identity of the aggrieved party;

ii. to recover and preserve evidence related to the death or disappearance of the personidentified in the petition which may aidin the prosecution of the person or personsresponsible;

iii. to identify witnesses and obtain statements from them concerning the death ordisappearance;

iv. to determine the cause, manner, location and time of death or disappearance as well asany pattern or practice that may have brought about the death or disappearance;

v. to identify and apprehend the person or persons involved in the death ordisappearance; and

vi. to bring the suspected offenders before a competent court.The return shall also state other matters relevant to the investigation, its resolution and the prosecutionof the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived.All defenses shall be raised in the return, otherwise, they shall be deemedwaived.

SEC. 11. Prohibited Pleadings and Motions.The following pleadings and motions are prohibited:1. Motion to dismiss;2. Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;3. Dilatory motion for postponement;4. Motion for a bill of particulars;5. Counterclaim or cross-claim;6. Third-party complaint;7. Reply;8. Motion to declare respondent in default;

9. Intervention;10. Memorandum;11. Motion for reconsideration of interlocutory orders or interim relief orders; and12. Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 12. Effect of Failure to File Return.In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

SEC. 13.Summary Hearing.The hearing on the petition shall be summary. However, the court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties. The hearing shall be from day to day until completed and giventhe same priority as petitions for habeas corpus.

SEC. 14. Interim Reliefs.Upon filing of the petition or at any time before final judgment, the court, justice or judge may grant any of the following reliefs:(a) Temporary Protection Order. The court, justice or judge, upon motion ormotu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by anaccredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.

The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines whichit shall issue. The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge.

(b) Inspection Order. The court, justice or judge, upon verified motion andafter due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon.

The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of the aggrieved party.

 If the motion is opposed on the ground of national security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. Themovant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated. The inspection order shall specify the person or persons authorized to make theinspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons.

(c) Production Order. The court, justice or judge, upon verified motion andafter due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs,objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing byor on behalf of the movant.

The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect theconstitutional rights of all the parties.

(d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuantto Republic Act No. 6981.The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or privateinstitutions capable of keeping and securing their safety.SEC. 15. Availability of Interim Reliefs to Respondent.Upon verified motion of the respondent and after due hearing, the court, justice or judge may issue an inspection order or production order under paragraphs (b) and (c) of the preceding section. A motion for inspection

order under this section shall be supported by affidavits or testimonies ofwitnesses having personal knowledge of the defenses of the respondent.

SEC. 16. Contempt.The court, justice or judge may order the respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resists a lawful process or order of the court to be punished for contempt. The contemnor may be imprisoned or imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required.The parties shall establish their claims by substantial evidence. The respondent who is a private individual or entity must prove that ordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty.

The respondent who is a public official or employee must prove that extraordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty.

The respondent public official or employee cannot invoke the presumption that official duty has been regularly performed to evade responsibility or liability.

SEC. 18. Judgment.The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied.

SEC. 19.Appeal.Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both. The period of appeal shall be five (5) working days from the date of notice of the adverse judgment. The appeal shall be given the same priority as in habeas corpus cases.

SEC. 20. Archiving and Revival of Cases.The court shall not dismiss the petition, but shall archive it, if upon itsdetermination it cannot proceed for a valid cause such as the failure of

petitioner or witnesses to appear due to threats on their lives. A periodicreview of the archived cases shall be made by the amparo court that shall, motu proprio or upon motion by any party, order their revival when ready for further proceedings. The petition shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years from notice to the petitioner of the order archiving the case. The clerks of court shall submit to the Office of the Court Administrator a consolidated list of archived cases under this Rule not later than the first week of January of every year.

SEC. 21.Institution of Separate Actions.This Rule shall not preclude the filing of separate criminal, civil or administrative actions.

SEC. 22.Effect of Filing of a Criminal Action.When a criminal action has been commenced, no separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the criminal case.The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo.

SEC. 23.Consolidation.When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. When acriminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition.

SEC. 24. Substantive Rights.This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court.The Rules of Court shall apply suppletorily in so far as it is not inconsistent with this Rule.

SEC. 26. Applicability to Pending Cases.This Rule shall govern cases involving extralegal killings andenforced disappearances or threats thereof pending in the trial and appellate courts.

SEC. 27. Effectivity.

This Rule shall take effect on October 24, 2007, following its publication in three (3) newspapers of general circulation.

I. SPEEDY DISPOSATION OF CASES Section 16, Art. III.All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Speedy Trial vs. Speedy Disposition of Cases

*Speedy trial  *Speedy disposition of cases-Refers to trial phase onlyq -Refers to disposition of cases (All phases)-Criminal cases only -Judicial, quasi-judicial or admin.Proceedings 

Periods for decision for courts (Sec. 15, Art. VIII)· SC: 24 months from submission· All lower collegiate courts: 12 months unless reduced by SC· All other lower courts: 3 months

Periods for decision for Constitutional Commissions (Sec 7, Art. IX-A) 60 days from date of submission for decision or resolution

Factors considered in determining whether the right is violated1. Length of delay2. Reason of delay3. Assertion of the right or failure to assert it4. Prejudice caused by delay

Remedy in case there has been unreasonable delay in resolution of a case:Dismissal through mandamus

J. RIGHT AGAINST SELF-INCRIMINATIONSection 17, Art. III.No person shall be compelled to be a witness against himself.

Based on: 

1. Humanitarian reasons – it is intended to prevent the State, with all its coercive powers, from extracting from the suspect testimony that may convict him;

2. Practical reasons – a person subjected to such compulsion is likely toperjure himself for his own protection

Applicable to:· Criminal prosecutions, government proceedings, including civil actions and administrative or legislative investigations

Transactional Immunity Statute– testimony of any person or whose possessionof documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates.

Use and Fruit Immunity Statute – prohibits the use of the witness' compelled testimony and its fruit in any manner in connection with the criminal prosecution for an offense to which such compelled testimony relates.

May be Claimed by:1. Accused – at all times; there is a reasonable assumption that the purpose of his interrogation will beto incriminate him

2. Witness – only when an incriminating question is asked, since the witness has no way of knowing in advance the nature or effect of the question to be put to him

- He cannot invoke right to self-incrimination when:a) The question is relevant and otherwise allowed even if the answer may tend to incriminate him or subject him to civil liabilityb) the question relates to past criminality for which the witness can no longer be prosecutedc) he has been previously granted immunity under a validly enacted statute

· Only natural persons can invoke this right. Judicial persons are subject to the visitorial powers of the state in order to determine compliance withthe conditions of the charter granted to them.

Scope:(1) Testimonial Compulsion· In Villaflor v. Summers, since the “kernel of the privilege” was the prohibition of “testimonial compulsion”, the Court was willing to compel a pregnant woman accused of adultery to submit to the indignity of being tested for pregnancy. Being purely a mechanical act, it is not a violation of her constitutional right against self-incrimination.

(2) Production of Documents, Papers and Chattels. Exception: when books of accounts are to be examined in the exercise of police power and power of taxation.

 · What is prohibited is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness.

· The right does not prohibit the examination of the body of the accused or the use of findings with respect to his body as physical evidence. Hence, the fingerprinting of an accused would not violate the right againstself-incrimination. However, obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification.

· The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. However, a third person in custody of the document may be compelled to produce it.

Right May be Waived: - Either:a) Directly, orb) By failure to invoke itPROVIDED the waiver iscertain and unequivocal and intelligently andwillingly made. Section 18 (1), Art. III. No person shall be detained solely by reason of his political beliefs and aspirations.

J. RIGHT AGAINST INVOLUNTARY SERVITUDESection 18 (2), Art. III.

No involuntary servitude in any form shall exist except as a punishment foracrime whereof the party shall have been duly convicted.

Involuntary Servitude – the condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not.

Involuntary Servitude Includes(1)Slavery –civil relation in which one man has absolute power over the life, fortune and liberty ofanother;

(2)Peonage– a condition of enforced servitude by which the servitor is restrained of his liberty and compelled to laborin liquidation of some debt or obligation, real or pretended, against his will.

General RuleNo involuntary service in any form shall exist.Exceptions

1. Punishment for a crime for which the party shall have been duly convicted (Sec. 18, Art. III)

2. Personal military or civil service in the interest of national defense(Sec. 4, Art. II)

 3. Naval enlistment – remain in service until the end of voyage so that

the crew would not desert theship, making it difficult for the owners to recruit new hands to continue the voyage (Robertson vsBaldwin)

4. Posse comitatus– in pursuit of persons who might have violated the law, the authorities mightcommand all male inhabitants of a certain age to assist them (US vs Pompeya)

5. Return to work order in industries affected with public interest(Kapisanan ng Manggagawa sa Kahoyvs Gotamco)

6. Patria Potestas – unemancipated minors are obliged to obey their parents so long as they are under parental power and to observe respect and reverence to them always (Art. 311, Civil Code)

US   vs   Pompeya  

An Act providing for the method by which the people of the town may be called upon to render assistance for the protection of the public and the preservation of peace and good order is constitutional. It was enacted in the exercise of the police power of the state and does not violate the constitutional prohibition on involuntary servitude.

Pollock   vs   Williams  No indebtedness warrants a suspension of the right to be free from compulsory service, and no state can make the quitting of work any component of a crime, or make criminal sanctions available for holding unwilling persons to labor.

K. CRUEL AND INHUMAN PUNISHMENTSection 19, Art. III.

1. Excessive fines 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 any prisoner ordetainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

When is a penalty “cruel, degrading and inhuman”? (1) A penalty is cruel and inhuman if it involves torture or lingering sufferingEx. Being drawn and quartered.

(2) A penalty is degrading if it exposes a person to public humiliation.Ex. Being tarred and feathered, then paraded throughout town.

Standards Used

 (1) The punishment must not be so severe as to be degrading to the dignityof human beings.(2) It must not be applied arbitrarily.(3) It must not be unacceptable to contemporary society(4) It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment would.

Excessive Fine· A fine is excessive, when under any circumstance, it is disproportionate to the offense.

Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel, degrading or inhuman.

Reason: Without a valid penalty, the law is not a penal law.

L. NON IMPRISONMENT FOR DEBTSection 20, Art. III. No person shall be imprisoned for debt or non-payment of a poll tax.

ForHumanitarian reasons… an added guaranty of the liberty of persons against their incarceration forthe enforcement of purely private debts because of their misfortune of being poor

Debt – any civil obligation arising from a contract, expressed or implied, resulting in any liability to pay in money.

Scope of guaranty against imprisonment for non-payment of debt· If an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu.

A FRAUDULENT debt may result in the imprisonment of the debtor if:1. The fraudulent debt constitutes a crime such as estafa; and2. The accused has been duly convicted.

POLL TAXGeneral Rule: Non-payment of taxes is punishable with imprisonment.Exception: Failure to pay a poll tax

Poll tax– a specific sum levied upon every person belonging to a certain class without regard to his property or occupation.

· A tax is not a debt since it is an obligation arising from law. Hence, its non-payment may be validly punished with imprisonment.

M. DOUBLE JEOPARDYSection 21, Art. III. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Double jeopardy –when a person was charged with an offense and the case was terminated byacquittal or conviction or in any other manner without his consent, he cannot again be charged with thesame or identical offense.

Requisites of Double Jeopardy1. valid complaint or information2. filed before a competent court3. to which defendant has pleaded, and4. defendant was previously acquitted or convicted or the case dismissed orotherwise terminated without his express consent.

Two (2) Kinds of Double Jeopardy(1)When a person is put twice in jeopardy of punishment for the same offense(1st sentence of Section 21)(2)When a law and an ordinance punish the same act(2nd sentence of Sec. 21)Same Offense Requisites for a valid defense of double jeopardy:(1) First jeopardy must have attached prior to the second.(2) The first jeopardy must have terminated.(3) The second jeopardy must be for the same offense as that in the first.

When does jeopardy ATTACH: (1st requisite)(a) A person is charged(b) Under a complaint or information sufficient in form and substance to sustain a conviction(c) Before a court of competent jurisdiction(d) After the person is arraigned(e) Such person enters a valid plea.

When does jeopardy NOT attach:(a) If information does not charge any offense