8/21/2019 Sec13-18

1/29

Sec. 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. xcessive bail shall not bere!uired.

8/21/2019 Sec13-18

2/29

Bail

• A security given to relieve anaccused from imprisonment until hisconviction and yet secure hisappearance at the trial.

• May be in the form of cash deposit,property bond, recognizance or

through a bail bondsman.

8/21/2019 Sec13-18

3/29

"actors to be ta#en into account in fixing the

 bail$

Ability of the accused to give bond

Nature and penalty of the oense

Character, reputation and the health of the

accused Character and strength of the evidence

Possibility of the accused appearing for trial

orfeiture of other bonds if accused !as afugitive !hen arrested

"f accused is under bond for other oensesin other cases

8/21/2019 Sec13-18

4/29

%rit of &abeas 'orpus

• An order issued by a competentcourt, directed to a person detaininganother, commanding him to

produce the body of the prisoner at adesignated time and place, to e#plainthe time and cause of the caption

and detention.

8/21/2019 Sec13-18

5/29

Privilege of the %rit of &abeas

Corpus

• 'ight to have immediate

determination of the legality of one(sdetention or deprivation of liberty.

8/21/2019 Sec13-18

6/29

&o! the !rit operates)

 *he prisoner or any person in his+herbehalf petitions the proper court.

uch person is then ordered to produce

the detained person in court at aspeci-ed time, together !ith ane#planation of the cause of the detention.

 *he udge scrutinizes the return anddecides !hether it sho!s that theimprisonment is authorized by la!.

8/21/2019 Sec13-18

7/29

Sec.1(. )1* +o person shall be held to answer for

a criminal offense without due process of law.

8/21/2019 Sec13-18

8/29

ight to due process of the accused re!uires$

 *he accused is brought into a courtof competent urisdiction.

&e is noti-ed of the case.

&e is given the opportunity to beheard.

 *here is a valid udgment deliberatedand rendered by the court.

8/21/2019 Sec13-18

9/29

Sec. 1(. )-* n all criminal prosecutions, the

accused shall be presumed innocent until the

contrary is proved, and shall en/oy the right to beheard by himself and counsel, to be informed by

the nature and cause of the accusation against him,

to have a speedy, impartial, and public trial, tomeet the witnesses face to face, and to have

compulsory process to secure the attendance of

witnesses and the production of evidence in his

 behalf. &owever, after arraignment, trial may

 proceed not withstanding the absence of the

accused provided that he has been duly notified

and his failure to appear is un/ustifiable.

8/21/2019 Sec13-18

10/29

Presumption of "nnocence

 +o person shall be convicted of a crime except

upon confession or unless his guilt is established

 by proof beyond reasonable doubt.

8/21/2019 Sec13-18

11/29

'ight to be heard by himself and

counsel

The accused had the right to present evidence

and the right to be assisted by counsel.

8/21/2019 Sec13-18

12/29

'ight of the accused tocounsel

0ased on the reason that only a lawyer has a

substantial #nowledge of the rules of evidence,

and a nonlawyer, in spite of his education in

life, may not be aware of the intricacies of law

and procedure.

2uty of the court to inform the accused of his

right to counsel before arraignment and to givea counsel in case the accused cannot afford the

services of one.

8/21/2019 Sec13-18

13/29

'ight to be informed of the natureand cause of accusations against him

The criminal complaint or information should

 be sufficiently clear to a person as to what the

charge is as to enable him to prepare for hisdefense.

8/21/2019 Sec13-18

14/29

'ight to have a speedy, impartial

and public trial

'ight to speedy trial/ unreasonable delays mayresult to a prolonged suering of an innocentaccused or an evasion of ustice by a trulyguilty person.

'ight to impartial trial/ primarily re0uires thatthe udge !ho sits in the case must beobective and renders a decision based on theneutrality of the evidence presented.

'ight to public trial/ demands that theproceedings be conducted in such a !ay thatthe public may 1no! !hat transpires during thetrial.

8/21/2019 Sec13-18

15/29

'ight to confrontation of!itnesses

To give the accused an opportunity to cross

examine witness against him to test their

recollection and veracity.

8/21/2019 Sec13-18

16/29

'ight to compulsory process tosecure attendance of !itnesses andproduction of evidence in his behalf 

The accused must provide reasonable and diligent

effort to have the witness appear and testify.

The accused can as# the court to order a person to

 produce in court certain evidences and testify

with respect to them.

The accused has also the right to inspectevidences that might be presented to prove his

guilty, provided that it is under the supervision of

the lawinvestigating authority.

8/21/2019 Sec13-18

17/29

 *rial may proceed in the absence ofthe accused provided that)

&e has been arraigned.

&e has been duly notified of the trial.

&is failure to appear is un/ustifiable.

8/21/2019 Sec13-18

18/29

Sec. 1. The privilege of the writ of habeas

corpus shall not be suspended except in cases of

invasion or rebellion when the public safetyre!uires it.

8/21/2019 Sec13-18

19/29

2nly the President can suspend theprivilege of the !rit of &abeas Corpusupon the approval of the congress.

8/21/2019 Sec13-18

20/29

ec. 34. All persons shall have theright to a speedy disposition of their

cases before all udicial, 0uasi/udicial,or administrative bodies.

8/21/2019 Sec13-18

21/29

'ight to peedy 5isposition of

Cases

All courts have appropriate time frames in the

disposition of cases.

8/21/2019 Sec13-18

22/29

Sec. 14. +o person shall be compelled to be a

witness against himself.

8/21/2019 Sec13-18

23/29

'ight against elf/"ncrimination

"nhibit the use of force in order toe#tract un!illing confessions from

the prisoners, implicating them incommission of a crime.

8/21/2019 Sec13-18

24/29

Sec. 15. )1* +o person shall be detained solely

 by reason of his political beliefs and aspirations.

8/21/2019 Sec13-18

25/29

'ight against detention solely byreason of his Political Beliefs

People can freely spea1 of !hat theythin1 is !rong !ith the governmentand its leaders , or see1 changes to

the government and its policies!hich they believe to be necessaryor the removal of public o6cials

un!orthy of their trust.

8/21/2019 Sec13-18

26/29

Sec. 15. )-* +o involuntary servitude in any

form shall exist except as a punishment for a

crime whereof the party shall have been dulyconvicted.

8/21/2019 Sec13-18

27/29

"nvoluntary ervitude

• Any servitude in fact which is against the will

no matter under what form such servitude mayhave been distinguished.

8/21/2019 Sec13-18

28/29

Types of nvoluntary Servitude prohibited by the

1654 constitution$

7eonage voluntary service in payment of

debt8 prohibited because the person is

forced to wor# by the circumstances of

his indebtedness, although not by his creditor 

Slavery ancient practice of treating man as a

  commodity under the complete

  power of the master 

8/21/2019 Sec13-18

29/29

Exceptions

"nvoluntary servitude may be allo!edunder the follo!ing instances)

As punishment for crime

"n the case of personal, military orcivil service in defense of the tate