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The 1987 Philippine Constitution guarantees a range of rights for individuals accused of crimes
to ensure a fair and just legal process. These rights are enshrined in Article III, Section 14 to 20
of the Philippine Constitution.
The key rights of the accused as stated in the 1987 Philippine Constitution:
1. Right to Due Process: Accused individuals are entitled to due process of law. This includes the
right to be heard, the right to be informed of the nature and cause of the accusation, and the right
to have a speedy, impartial, and public trial.
2. Presumption of Innocence: The Constitution states that every person is presumed innocent
until proven guilty beyond a reasonable doubt. This principle underscores the burden of proof on
the prosecution to establish the accused's guilt.
3. Right to Counsel: Accused individuals have the right to counsel, both at the time of arrest and
throughout the trial. If they cannot afford legal representation, the state is required to provide
them with a lawyer.
4. Right to Remain Silent: Accused individuals have the right to remain silent and to refuse to
answer any question during custodial investigations. They cannot be compelled to be a witness
against themselves.
5. Protection against Double Jeopardy: The Constitution protects individuals from being tried or
punished for the same offense more than once. This means that once an individual is acquitted or
convicted of a crime, they cannot be tried again for the same offense.
6. Protection against Self-Incrimination: Accused individuals have the right against self-
incrimination. They cannot be forced to testify against themselves or confess to a crime.
7. Right to a Speedy Trial: Accused individuals have the right to a speedy trial. This is intended
to prevent unnecessary delays and prolonged detention without trial.
8. Right to Confront Witnesses: Accused individuals have the right to confront and cross-
examine witnesses presented against them in court.
9. Right to Bail: In most cases, accused individuals have the right to bail, unless the crime is
punishable by reclusion perpetua (life imprisonment) or the evidence of guilt is strong. Bail
ensures that accused individuals do not needlessly remain in detention pending trial.
10. Right to Compulsory Process: Accused individuals have the right to secure the attendance of
witnesses and the production of evidence in their favor.
11. Protection against Excessive Bail or Fines, and Cruel or Inhuman Punishment:The
Constitution prohibits excessive bail and fines, as well as cruel or inhuman punishment.
These rights are essential to protect the fundamental principles of justice, fairness, and the rule of
law in the Philippine legal system. They help ensure that individuals accused of crimes are
treated fairly, have access to legal representation, and are not subject to abuse or arbitrary actions
by the government or law enforcement agencies.
Rights of a Person Under Custodial Investigation
Republic Act No. 7438 - an act defining certain rights of person arrested, detained or
under custodial investigation as well as the duties of the arresting, detaining and investigating
officers, and providing penalties for violations thereof
Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public

Officers.
(a) shall at all times be assisted by counsel.
(b) Any public officer shall inform the latter, in a language known to and understood by
him, of his
(c) The custodial investigation report shall be reduced to writing by the investigating
officer. It shall be adequately explained by his counsel provided by the investigating
officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession shall be in writing and signed by such person in the
presence of his counsel otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.
Immediate family - shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
Note: "custodial investigation" shall include the practice of issuing an "invitation"

to a person who is investigated in connection with an offense he is suspected to have
committed.
Penalties to the Violator of R.A. 7438

Fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both when:
 Fails to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his own
choice.
 Fails to provide a competent and independent counsel to a person arrested.
 “The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense” (sec., 4,
Republic Act 7438).
Reglementary Period of Detention
1. 12 hours - For crimes or offenses punishable by light penalties. Light penalties include
arresto menor and public censure.
2. 18 hours - For crimes or offenses punishable by correctional penalties, or their
equivalent. correctional penalties include Prision correccional, Arresto
Mayor, Suspension and Destierro.
36 hours - For crimes, or offenses punishable by afflictive or capital penalties, or their
equivalent. Capital penalty involves death while afflictive penalties include Reclusion Perpetua,
Reclusion

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The 1987 Philippine Constitution guarantees a range of rights for individuals accused of crimes

Rights of a Person Under Custodial Investigation

Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public

(a) shall at all times be assisted by counsel.

Note: "custodial investigation" shall include the practice of issuing an "invitation"

Penalties to the Violator of R.A. 7438

Reglementary Period of Detention

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