You are on page 1of 13

Article III

SECTION 13-16
SECTION 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. Excessive bail shall not be required.
RECLUSION PERPETUA
permanent imprisonment"
is a crime sentence similar to life imprisonment.
It is used in the Philippines. A person sentenced
to reclusion perpetua must serve a jail term of
at least 30 years and face additional penalties.
WRIT OF HABEAS CORPUS

is a court order to a person (prison warden) or


agency (institution) holding someone in custody
to deliver the imprisoned individual to the court
issuing the order.
BAIL

the temporary release of an accused person


awaiting trial, sometimes on condition that a
sum of money be lodged to guarantee their
appearance in court.
2 KINDS OF BAIL:
Bail Bond
> Cash money, not check
> Property real property, not personal property
(because value depreciates); annotated in the title
> Surety similar to insurance

Recognizance
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or
custody of the law.
2. The constitutional right is available only in criminal cases, not,
e.g. in deportation proceedings.

Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through
recognizance, which is an obligation of record entered into before
a court guaranteeing the appearance of the accused for trial. It is
in the nature of a contract between the surety and the state.
SECTION 14
(1) No person shall be held to answer for a
criminal offense without due process of law.
DUE PROCESS
The principle that an individual cannot be
deprived of life, liberty, or property without
appropriate legal procedures and safeguards.
Fair treatment through the normal judicial
system, especially as a citizen's entitlement.
Procedure established by law for the
prosecution of offenses must be followed
SECTION 14
(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 to appear is unjustifiable.
NOTA BENE:
The absence of preliminary investigation does not
impair the validity of a criminal information, nor does it
otherwise render it defective, neither does it affect the
jurisdiction of the court over the case.
SECTION 15
The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or
rebellion when the public safety requires it.
SECTION 16
All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies

You might also like