PS100: BILL OF RIGHTS 3

Philip Medel's allegation of torture

• claimed that he was tortured but eventually, it was found out that he
wasn't really tortured and was just using it as a defense so that he would be
released.
• if it's true that he was tortured, any evidence that you would get out
of the torture of a person who is accused, that is considered as inadmissible in
court.
• you have to consider the fact that the accused is presumed innocent
until proven guilty.
• he is an accused; he is not called a criminal; he can only be
considered as a criminal if it's already proven in court that he did something
wrong.
• the burden of proof lies with the victim and with the prosecution
• it is the victim and the prosecution who will have to prove that the
accused is guilty and the guilty would have to defend himself.
• prosecution:
⁃ prosecutors office and the private counsel
• accused:
⁃ answer all the evidences and testimonies that would be given against
him

RIGHT OF A PERSON UNDER INVESTIGATION

• Against torture, violence, threat
• Concept of police brutality
• Secret detention
⁃ if you are arrested by the policemen, then your family should be
informed as to where you are; where will you be going (you cannot be hidden by the
police)
• Solitary detention
⁃ you should not be alone in your prison cell
• Incommunicado
• Any admission obtained in violation of this right is inadmissible

RIGHT TO BAIL AND AGAINST EXCESSIVE BAIL

• BAIL
⁃ the security required by court for the provisional or temporary release
of a person
⁃ something that you have give to the court
⁃ court trials and hearings (bail)
⁃ the bail is dependent on who you are and what you have done
• ACCUSED SHOULD APPEAR
⁃ otherwise he is deemed to have "jumped bail"
⁃ jumped bail:
• everytime that there is a hearing or a court proceeding, the accused
should go to the court and present himself in court; should present himself to the
judge
• once he does not present himself to the judge, then it is assumed that
he has jumped bail and it is possible for the judge to now give an order for his
arrest and be brought to court, to jail, and will no longer be released and will
stay in jail until such time that the case would be through.
• if you post bail, after the case, whatever the verdict is; either you
are guilty or not guilty, they will return the money to you.
• the bail is returned to the individual (accused) or the family
• EXCESSIVE BAIL - "That which is reasonable to a man of wealth is
equivalent to a denial of right if exacted of a poor man charged with a like
offense."
 • No bail for cases considered capital offense or an offense punishable
by reclusion perpetua (life imprisonment) or death if the evidence is strong
⁃ plunder (non bailable)
⁃ murder with rape (non bailable)
• Reclusion perpetua
⁃ life imprisonment
• Death penalty?

SEC. 9 Amount of Bail; Guidelines

⁃ The judge who is issued the warrant or granted the application shall
fix a reasonable amount of bail considering primarily, but not limited to the
following guidelines:
[a] Financial ability of the accused to give bail;
[b] Nature and circumstances of the offense;
[c] Penalty of the offense charged;
[d] Character and reputation of the accused
⁃ if you are talking about a person who has been going in and out the
jail then the judge will think several times as to the amount of bail that he would
be giving
[e] Age and health of the accused
[f] The weight of the evidence against the accused;
[g] Probability of the accused appearing in trial;
[h] Forfeiture of other bonds;
[i] The fact that accused was a fugitive from justice when arrested; and
[j] The pendency of other cases in which the accused is under bond.
Excessive bail shall not be required.

FORMS OF BAIL
• Cash deposit
• Property bond
⁃ land titles
• should be in the name of the accused or the couple
• if you are going to use the land title of your parents, there is also a
document stating that your parents are allowing you to use their land title as
property bond.
⁃ titles of house and lot
⁃ ownership of businesses
• Surety bond
⁃ secured from a surety company (insurance company)
⁃ the insurance company will be the one to post bail and then when time
comes, you will repay them.
• Recognizance
⁃ a person is released to the custody of a reasonable member in society
⁃ a high ranking authority would vouch for the character of the accused.
• ex: guarantor

RIGHT TO DUE PROCESS OF LAW IN CRIMINAL CASES

• The accused is tried before a competent court (court having
jurisdiction)
• Fair and impartial trial
• the judge should be impartial and objective if there is a case brought
to his court
• there should be no subjectivity and biases against the accused
• Allowed to use all legal means and opportunity to defend himself
⁃ safeguard against false conviction
⁃ burden of proof lied with prosecution
• once there is an evidence then the accused can counter whatever
evidence has been presented
COMPLAINT
• When you want to bring someone to the judicial process, you start by
filing a criminal complaint. A complaint can be filed by any citizen, or a law
enforcement officer such as the police, or if the complaint is against state
agents, the Commission on Human Rights (CHR)
• Citizens who have a reliable lawyer can prepare their own complaint and
file it straight before government prosecutors. Others go to the police, which will
conduct an initial investigation and prepare the complaint on behalf of the citizen
• Others go to the National Bureau of Investigation (NBI), which will do
the same thing. The police, the NBI, or the CHR will then file the complaint before
government prosecutors.

PROSECUTORS

• Government prosecutors are the city, provincial, and regional

prosecutors, and the state prosecutors.
• State prosecutors are those with the Department of Justice (DOJ) or the
Office of the Ombudsman. If the complaint is against a private citizen, it is filed
before city prosecutors or the prosecutors of the DOJ.
• If the complaint is an offense covered by anti-graft court
Sandiganbayan - "criminal an civil cases involving graft and corrupt and
employees, including those in government-owned or controlled corporations, in
relation to theit office" - thein it is filed before prosecutors of the Ombudsman.

INQUEST
• Is a proceeding done by prosecutor when the person was arrested without
a warrant
• A warrantless arrest is allowed under conditions set by the rules of
criminal procedures - when the person commits the crime in the presence of the
officer, or when there is probable cause to believe a crime has just been
committed, or if it is a prisoner escaping from jail, of if the offense is a
continuing offense like rebellion.
• Warrantless arrest
⁃ you usually see in the news are the result of raid, as in the carse of
Ozamis City Mayor Nova Princess Parojinog and brother Reynaldo Parojinog Jr. The
inquest proceedings by DOJ prosecutors done to determine if the arrest was validZ
(DOJ prosecutors ruled it was.)
• Inquest proceeding are also used to determine if there is probable
cause to indict the person.

PRELIMINARY INVESTIGATION
• If the offense is punishable by hail time of at least 4 years, two
months, and one day, the complaint is required to undergo a preliminary
investigation (PI)
• In the event that the person is arrested without warrant, and the
offense is required to undergo PI, inquest proceeding may suffice.

INDICTMENT
• After inquest or preliminary investigation by prosecutors, they will
issue a resolution which contains the finding. Prosecutors will either dismiss the
complaint or find probably cause to file charges against the person. If there is
probable cause, then that person is indicted.
• When a person is indicted, it does not mean that he or she is charged.
Only when the prosecutors file the information before a court is a person
considered charged or in Filipino, kinasuhan.

STAGES OF CRIMINAL ACTIONS IN PHILIPPINE COURTS

1. Preparing for a Case
2. Preliminary Investigation
3. Filing of Information
4. Arraignment
5. Pre-trial
⁃ presentation of documents/evidences
6. Trial
7. Judgment
8. Appeal
9. Execution