A manual on law enforcement for citizens prepared by the
Philippine National Police, in fact, says that prior to release or
MANILA, Philippines – The 1987 Constitution guarantees that
no Filipino shall be deprived of life, liberty, or property without
due process of law.
As long as a citizen abides by the law, he or she should not be
in trouble.
But what if you're apprehended by authorities for some reason
– or in times of emergency, like the recent declaration of
martial law in Mindanao – you're picked up due to supposed
security concerns?
Remember, the Constitution remains in effect – even during
those times. Along with relevant laws and issuances, the
Constitution makes sure citizen's rights continue to be
respected.
Article III, Section 12 of the 1987 Constitution (also known as
the Bill of Rights) states that any person under investigation for
the commission of a crime or 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 you can't afford a lawyer, the state will provide you with one.
The right to remain silent is emphasized because any
statement you give can be used against you in court.
Likewise, it is your right to call or have access to a lawyer at all
times throughout the ordeal of arrest or detention.
These rights cannot be waived "except in writing and in the
presence of counsel," says the Constitution.
More rights
If you're being arrested you should know these additional
rights:
 Know the reason for your arrest at the time of your
arrest via an arrest warrant, which you should ask for
 Ask for the identity and authority of the arresting
officer
 Be promptly brought before a judge and be "entitled
to a trial within a reasonable time" or to be entitled
to release subject to guarantees to appear for trial
 Demand physical examination by an independent and
competent doctor of your choice before and after
interrogation, as stated in Republic Act 9745 or the
Anti-Torture Act
any change of custody, "you will...be physically examined."
Lawyer Marlon Manuel of the Alternative Law Groups, a
coalition of legal resource non-governmental
organizations, said that physical examination is already part of
the police's booking procedures immediately after an arrest.
The Free Legal Assistance Group (FLAG), in its primer on
human rights, also recommends that you stay calm, not resist
arrest or offer any physical resistance, and ask a relative, friend
or even anybody to witness the arrest. Make sure to get the
witness' name and address.
FLAG also suggests you ask the arresting officer where you will
be brought, and be accompanied by the witness of your arrest.
Do not agree to be blindfolded.
If authorities invite you for questioning, say you will first
consult your lawyer, who will arrange a date, time, and place
for your questioning. If they insist on taking you with them,
their acts become tantamount to an arrest.
This is different from custodial investigation, where you are
taken into police custody for interrogation because you are
"considered a suspect, and therefore are being investigated as
a potential accused in a criminal case," said Manuel. "Usually,
custodial investigation follows warrantless arrest."
"In short, if the invitation [for questioning] is not really an
invitation but more of a deprivation of liberty, it becomes
equivalent to custodial investigation," he added.
Warrantless arrest
Authorities may conduct a warrantless arrest, but only on the
following grounds:
 When the person to be arrested has committed, is
actually committing, or is attempting to commit an
offense in the presence of an arresting officer
 When an offense has just been committed and the
arresting officer has probable cause (based on
personal knowledge of facts and circumstance) to
believe that the person to be arrested has committed
a crime
 When the person has escaped prison/detention, or
escaped while being transferred to another facility
If you're arrested without a warrant, you can only be detained
for:
 12 hours, for light offenses, which are punishable by
light penalties
  18 hours, for less grave offenses, punishable by  Use of torture, force, violence, threat, intimidation, or
correctional penalties any other means which vitiate or impair the free will

 36 hours, for grave offenses, punishable by capital  Use of secret detention places, solitary,
penalties incommunicado, or other similar forms of detention

As a general rule, inquest proceedings – where a civilian
prosecutor determines the legality of an arrest – are included
in these time periods.
During detention
If you are arrested or detained, you are entitled to the
following rights, according to FLAG:
 Be treated as a human being
 Due process, including being informed of written
regulations in the detention center, and not being
subjected to harsh, excessive or inhuman punishment
such as corporal punishment or solitary confinement
 Use of a confession or admission obtained in violation
of Article III, Section 17 of the Constitution, which
says, "No person shall be compelled to be a witness
against himself"
 Detention solely by reason of his political beliefs and
aspirations
 Involuntary servitude in any form (except as a
punishment for a crime whereof the party shall have
been duly convicted)
 Imposition of excessive fines
 Infliction of cruel, degrading or inhuman punishment

 Receive visits from family, friends, and lawyers  Imprisonment for debt or non-payment of a poll tax

 Practice your religion – Rappler.com

 Adequate food, clothing, and healthful References: 1987 Constitution, International Covenant on Civil
accommodations and Political Rights, Republic Act 7438, Republic Act 9745, a
2001 advisory of the Commission on Human Rights, "Know
 Be furnished with or to procure reading or writing
Your Rights" primer by the Free Legal Assistance Group
materials
(FLAG), "Know Your Rights: A Citizen Primer on Law
 Be kept separate from convicts serving sentence Enforcement" by the Philippine National Police and Hanns Sidel
Foundation
 Speedy, impartial, and public trial, as likewise
provided by the Constitution

According to Republic Act 7438, a person arrested, detained or

under custodial investigation shall be allowed visits by:

 Any member of his/her immediate family

 A doctor/priest/religious minister chosen by him/her,

the immediate family or by his/her counsel

 Any nongovernmental organization accredited by the

Commission on Human Rights (for national NGOs) or
the Office of the President (for international NGOs)

RA 7438 defines a person's immediate family as "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."

Illegal acts

The following acts are illegal, according to the Bill of Rights of

the Constitution:

 Unreasonable searches and seizures