RULE 113 - ARREST

Section 1. Definition of arrest. – Arrest is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.

Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a person to be arrested, or
by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary for his detention.

Sec. 3. Duty of arresting officer. – It shall be the duty of the officer executing the warrant to
arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.

Sec. 4. Execution of warrant. – The head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reason therefore.

Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112.

Sec. 6. Time of making arrest. – An arrest may be made on any day and at any time of the day or
night.

Sec. 7. Method of arrest by officer by virtue of warrant.

– When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of
such information will imperil the arrest. The officer need not have the warrant in his possession
at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant,
the officer shall inform the person to be arrested of his authority and the cause of the arrest,
unless the latter is either engaged in the commission of an offense, is pursued immediately after
its commission, has escaped, flees, or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.

Sec. 9. Method of arrest by private person. – When making an arrest, a private person shall
inform the person to be arrested of the intention to arrest him and the case of the arrest, unless
the latter is either engaged in the commission of an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly resists before the person making the arrest has
opportunity to so inform him, or when the giving of such information will imperil the arrest.

Sec. 10. Officer may summon assistance. – An officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.

Sec. 11. Right of officer to break into building or enclosure. – An officer, in order to make an
arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into
any building or enclosure where the person to be arrested is or is reasonably believed to be, if he
is refused admittance thereto, after announcing his authority and purpose.

Sec. 12. Right to break out from building or enclosure. – Whenever an officer has entered the
building or enclosure in accordance with the preceding section, he may break out therefrom
when necessary to liberate himself.

Sec. 13. Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in any place
within the Philippines.

Sec. 14. Right of attorney or relative to visit person arrested. – Any member of the Philippine
Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to
visit and confer privately with such person in the jail or any other place of custody at any hour of
the day or night. Subject to reasonable regulations, a relative of the person arrested can also
exercise the same right.

30 Human Rights that all persons have. These rights must be respected at all times, anywhere in
the world (thus, they are universal):
1. All human beings are born free and equal in dignity and rights.
2. Everyone is entitled to rights and freedoms without distinction of any kind, such as race, color,
sex, language, religion, political affiliation or opinion, national or social origin, property, birth or
any other status.
3. Everyone has the right to life, liberty and security of person.
4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.
5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
6. Everyone has the right to recognition everywhere as a person before the law.
7. All are equal before the law and are entitled without any discrimination to equal
protection of the law.
8. Everyone has the right to an effective remedy by the competent national court for
acts violating the fundamental rights granted him by the constitution or by law.
9. No one shall be subjected to arbitrary arrest, detention or exile.
10. Everyone is entitled in full equality to a fair and public hearing by an Independent
and impartial court, in the determination of his rights and obligations and of any criminal charge
against him.
11. Everyone charged with a penal offense has the right to be presumed innocent until
proved guilty.
12. No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, or to attacks upon one’s honor and reputation.
13. Everyone has the right to freedom of movement and residence within the borders
of each State.
14. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
15. Everyone has the right to a nationality.
16. Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to have a family.
17. Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
18. Everyone has the right to freedom of thought, conscience and religion.
19. Everyone has the right to freedom of opinion and expression.
20. Everyone has the right to freedom of peaceful assembly and association. No one
may be compelled to belong to an association.
21. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. The will of the people shall be the
basis of the authority of government.
22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
23. Everyone has the right to work, to free choice of employment, to just and
favorable conditions of work and to protection against unemployment.
24. Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
25. Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
 26. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
27. Everyone has the right freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits.
28. Everyone is entitled to a social and international order.
29. Everyone has duties to the community in which alone the free and full
development of his personality is possible. In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are determined by law solely for the purpose
of securing due recognition and respect for the rights and freedoms of others and of meeting the
just requirements of morality, public order and the general welfare in a democratic society.
30. No state, group or person must engage in any activity or perform any act aimed at
the destruction of any of the universally recognized rights and freedoms.

WHAT IS HUMAN RIGHTS-BASED POLICING?

Human Rights-Based Policing (HRBP) is the comprehensive, systematic, and institutional
compliance (Pagsunod) with international human rights standards and practices in the conduct of
police or law enforcement functions.
It is also an approach to policing that defines the relationship between individual citizens and
various groups or sectors of society as claim holders whose rights have to be respected and
protected by the police; and the Police as duty holders that have obligations to respect, protect
and fulfill human rights.
HRBP also aims to empower claimholders to claim their rights, while strengthening the
capacities of duty-holders to meet their duties and obligations as human rights protectors.

The PNP has three levels of human rights obligations: to respect, protect and fulfill
(tuparin)human rights.
1. To respect human rights means refraining(pinipigilan) from interfering(makialam) with
the enjoyment of people’s rights.
2. To protect human rights means to implement laws that provide equal protection to all
persons from human rights violations by state authorities or by non-state actors.
3. To fulfill (tuparin )human rights refers to the act of establishing institutions and
implementing systems, mechanisms or procedures that enable people to claim and enjoy their
rights.

10 BASIC INTERNATIONAL HUMAN RIGHTS

STANDARDS FOR LAW ENFORCEMENT

STANDARD 1: EQUAL PROTECTION

Everyone is entitled to equal protection of the law,
without discrimination on any grounds, and especially against
violence and other threats. Be especially vigilant to protect
potentially vulnerable groups such as children, the elderly,
women, refugees, displaced persons, and members of minority
groups.
Guidelines Action
a. All police personnel must carry and use Miranda
Warning Cards that contain English and Filipino
versions. If possible, produce an additional Miranda
Warning Card using the vernacular or most common
language/dialect in your area of jurisdiction. This
can be replicated in posters on the Rights of Persons
Arrested, Detained or Under Investigation (R.A.
7438). Helping people know and understand their
rights is one of the best ways to improve their access
to justice and equal protection of the law.
b. Police service must be non-selective. Provide the
same quality of service to all people regardless
of their age, sex, economic and political status,
religion, ethnic background, and any other status.
c. Train police personnel in communication and
empathy skills(Malasakit) especially geared(nakatuon) towards addressing
concerns of women, children, the elderly, and other
vulnerable sectors. This type of training may be
obtained in cooperation with the Department of
Social Welfare and Development (DSWD) and the
National Council on Indigenous Peoples (NCIP). The
police station may also explore partnerships with
the call center industry which can provide expert
trainers on communication and empathy skills.

STANDARD 2: RESPECTFUL TREATMENT

Treat all citizens and victims of crime with compassion
and respect, with utmost consideration for their need for safety
and privacy. It must be remembered that under the law, all arrested
persons and detainees are still considered innocent and have
the right to due process. Only the court can determine their
guilt or innocence. Even when they are already convicted by
the court, they still have the right to be treated humanely,
with full respect and dignity.
Guidelines / Suggested Action Items:
a. If possible, allocate a well-secured room inside the
police station where the detainee can privately speak
with his/her lawyers and family.
b. Ensure that posters or information materials on
the Rights of Persons Arrested, Detained or Under
Investigation are prominently displayed inside
the investigation room or desk where booking or
investigation of suspects is done.
c. Explore possible joint projects with the local
government unit, NGOs, and other local/foreign
donor organizations specifically on improving
detention facilities or lock-up cells in your police
station. If possible, avoid overcrowding of lock-up
cells which poses health and safety risks to police
personnel, detainees, and their visitors.
d. Designate a liaison officer who shall be responsible
for coordinating with the Office of the Prosecutor
and the Court for the speedy release of commitment
orders. Delays in the release of commitment orders
inadvertently cause overcrowding in police custodial
cells. Overcrowding poses unnecessary security and
health concerns at the police station.
e. Police officers should address citizens as “Sir” or
“Ma’am” during all cases of citizen contact. However,
police officers must use a more commanding yet
professional language to obtain compliance or control
over persons who are uncooperative or disorderly.
f. Respect the need for confidentiality especially among
minors and female victims of crime.
g. Never parade suspects before the media. They
remain innocent until proven guilty by the courts of
law. Police officers are responsible for safeguarding
the dignity, health and safety of suspects and persons
under investigation or custody.

STANDARD 3: USE OF FORCE

Do not use force except when strictly necessary and to
the minimum extent required under the circumstances.
Guidelines / Suggested Action Items:
a. Re-orient police personnel about the Use of Force
Doctrine or Use of Force continuum with emphasis
on the use of lethal force only as a last resort.
b. Re-train police personnel in proper arrest procedures
with emphasis on non-lethal tactics, weapons
retention techniques, and officer safety measures.
c. Re-orient police personnel assigned to crowd
control units about human rights, crowd psychology,
maximum tolerance, and use of calibrated force
especially during the dispersal phase of Civil
Disturbance Management (CDM) operations.
d. Police personnel involved in shootouts and discharge
of firearms must submit an after-operations report.
Assessments must be conducted to determine
the validity of the use of force during a police
operation.
e. Request the assistance of the PNP Health Service,
Department of Health (DOH), or a psychiatrist in the
conduct of periodic neuro-psychiatric examinations,
stress management, and counseling services for
personnel involved in shootouts or discharge of
firearms.

STANDARD 4: POLICING NON-VIOLENT ASSEMBLIES

Avoid using force when policing unlawful but non-violent
assemblies. When dispersing violent assemblies, use force only
to the minimum extent necessary.
Guidelines / Suggested Action Items:
a. If possible, arrange for a meeting with protest
leaders/organizers prior to the actual day of protest
demonstrations. An open dialogue would help the
police establish “ground rules” and communication
lines with protest leaders/organizers which are
necessary to prevent miscommunication and possible
outbreak of violence.
b. Whenever appropriate, deploy properly trained
and equipped female CDM personnel as front
liners. Previous experience showed that there is
less agitation on the part of protesters and lower
incidence of violence when female CDM personnel
are made as front liners.
c. Advise crowd control elements (CDM personnel) that
in situations requiring the use of batons ortruncheons,
they should only target fleshy parts of the body
such as the arms, torso, legs, and thighs. Hitting
protesters with the baton or truncheon on the head,
face, neck, shoulder blades, elbows, fingers, groin,
knees, and ankles must be avoided since strikes to
these parts may cause serious to permanent injuries,
or even death. Further, protesters that would be
arrested must be properly restrained / handcuffed
using scientific control methods; and thereafter,
brought safely to the police station for processing.
Arrested protesters must not be kicked, punched, or
dragged by the hair or feet.
d. When fire trucks are deployed as part of the crowd
control formation, ensure that appropriate fire hoses
are used to avoid excessive water pressure that may
cause serious to permanent injury.

STANDARD 5: USE OF LETHAL FORCE

Lethal force should not be used except when strictly
unavoidable in order to protect your life or the lives of others.
Guidelines / Suggested Action Items:
a. If possible, conduct regular firearms proficiency
training and testing for all police personnel.
Proficiency is needed to enable police personnel to
use their firearms with accuracy, specifically if the
goal is only to immobilize an armed person or suspect.
In today’s police paradigm which considers the
protection of human lives as the primary operational
objective, the death of a person (whether that person
is a criminal, suspect, victim, hostage or innocent
bystander) resulting out of a police intervention is
generally considered an operational failure.
b. Conduct re-training of police personnel in the use
of non-lethal force and tactics in effecting arrests.
Specifically, provide re-training in individual /
group arresting methods and weapons retention
techniques.
c. Orient police personnel on principles of stress and
anger management. Police work, by nature, is
very stressful. For that reason, all PNP personnel
need to undergo periodic neuro-psychiatric testing
and counseling which are vital tools in maintaining
the emotional and mental health of police officers.
Counseling and/or stress debriefing is very important
especially for personnel who were engaged in armed
encounters or violent incidents.

STANDARD 6: ARRESTING PERSONS ON LEGAL GROUNDS

Only arrest persons if there are legal grounds to do so,
and the arrest is carried out in accordance with lawful arrest
procedures.
Guidelines / Suggested Action Items:
a. All police personnel must carry and use Miranda
Warning Cards in informing persons arrested,
detained or under investigation about their rights
under the law.
b. Take extra care to ensure the safety of the arrested
person/s during transport from the crime scene to
the police station.
c. Personal properties of the detained/arrested person
must be properly inventoried, documented, and
kept in a secure location inside the police station
or designated storage area. Said properties must
be properly turned-over to the detained/arrested
person upon his or her release; given to family
members or relatives of the arrested person with
his/her consent; or to the appropriate authorities in
cases when the said person is committed to another
detention facility.

STANDARD 7: DETAINEES’ RIGHTS

Ensure that all detainees, immediately after their arrest,
have access to their family and lawyer. They must also be given
immediate medical assistance whenever necessary.
Guidelines / Suggested Action Items:
a. Maintain a manually written and/or computerized
DatabaseofDetaineesorPersonsUnderPoliceCustody
which includes the complete name of the detainee,
address, age, nature of offense, date arrested
and released, date of preliminary investigation or
inquest, name and contact details of his/her lawyer,
and other pertinent details. Take note of detainees
with special medical needs.
b. When necessary, coordinate with the local chapter
of the Integrated Bar of the Philippines (IBP) and/
or NGOs that provide free legal assistance to assist
detainees who cannot afford to hire a lawyer; or
those who cannot be immediately attended to by the
Public Attorney’s Office (PAO). Partnerships with the
local IBP chapter and NGOs involved in paralegal
work may be explored as a means to provide free
legal assistance to detained persons, and possibly,
even to PNP personnel.
c. Ensure that duty personnel have contact details of
nearby hospitals and clinics in case persons arrested,
detained and those under investigation require
emergency medical care.

STANDARD 8: HUMANE TREATMENT OF DETAINEES

All detainees must be treated humanely. Under any
circumstances, do not inflict, instigate, nor tolerate any act
of torture or ill-treatment, and refuse to obey any order to do
so.
Guidelines / Suggested Action Items:
a. If resources and circumstances would allow, physical
improvements may be undertaken to ensure that
detention facilities are well-ventilated and
well-lighted. If possible, the cells should be fitted
with benches and toilet facilities. The maintenance
of separate male and female custodial facilities is
mandatory.

b. If possible, install audio-video recording equipment

in investigation rooms. The recording of custodial
 investigations will provide the police station
commander with several advantages including:
• Capability to record custodial investigations in
support to case-build up and prosecution;
• Documentation of investigation procedures as a
tool for training and performance evaluation;
• Recording of proof about the proper, fair, and
legal conduct of police investigation in defense
to possible harassment suits.

STANDARD 9: REFUSAL TO OBEY UNJUST ORDERS

Do not carry out, order, or cover-up extra-legal killings
or enforced disappearance, and refuse to obey any order to do
so.
Guidelines / Suggested Action Items:
a. Ensure that all police operations include predeployment briefing and post-
operation assessment /
debriefing. Such briefings must include the provision
of general guidelines and specific instructions to
police personnel to ensure mission accomplishment
without prejudice to the observance of human
rights. The underlying goal behind the guidelines and
instructions is to prevent violations of police policies
and operational procedures.
b. When in doubt about a specific order, seek clarification
and guidance from the direct superior or from higher
headquarters. In some cases, it may be advisable to
request for written instructions or orders to ensure
that specific missions or police interventions are
legal and duly authorized.

STANDARD 10: REPORTING VIOLATIONS

Report all violations of these standards to your senior
officer and to the nearest Prosecutor’s Office. Do everything
within your ability and authority to ensure steps are taken to
investigate violations of these standards.
Guidelines / Suggested Action Items:
a. Maintain copies of mission orders, memoranda,
notes, and other official documents related to police
operations involving your participation. These
documents will be useful in the preparation of your
factual report of alleged violations of human rights;
and in the preparation of your reply or defense in
case you are the subject of complaint for alleged
violations.
b. Follow prescribed procedures for reporting violations
 of police policies and procedures (from immediate
superior to higher office).
PART IV
ADDITIONAL GUIDELINES FOR SELECTED POLICE
I

RA 7438: Rights of Persons Arrested, Detained or under Custodial Investigation. 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) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting 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 made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of
the President. The person's "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.

As used in this Act, "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,
without prejudice (Pagtangi) to the liability (pananagutan) of the "inviting" officer for any
violation of law.

A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most
important rights to the citizens of a country. The purpose is to protect those rights
against infringement( Paglabag) from public officials and private citizens.

N FILIPINO ENGLISH TRANSLATION

ARTIKULO III ARTICLE III

KATIPUNAN NG MGA KARAPATAN BILL OF RIGHTS

SEKSYON 1. Hindi dapat alisan ng buhay,
kalayaan, or ari-arian ang sino mang tao
nang hindi kaparaanan ng batas, ni pagkaitan
ang sino mang tao ng pantay na
pangangalaga ng batas.
Section 1. No person shall be deprived of
life, liberty, or property without due
process of law, nor shall any person be
denied the equal protection of the laws.

SEKSYON 2. Ang karapatan ng mga taong-
bayan na magkaroon ng kapanatagan sa
kanilang sarili, pamamahay, papeles, at mga
bagay-bagay laban sa hindi makatwirang
paghahalughog at pagsamsam sa ano mang
layunin ay hindi dapat labagin, at hindi dapat
maglagda ng warrant sa paghalughog o
warrant sa pagdakip maliban kung may
malinaw na dahilan na personal na
pagpapasyahan ng hukom matapos
masiyasat ang mayhabla at ang mga
testigong maihaharap niya sa ilalim ng
Section 2. The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue
except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of
the complainant and the witnesses he may
produce, and particularly describing the
place to be searched and the persons or
N FILIPINO
panunumpa o patotoo, at tiyakang tinutukoy
ang lugar na hahalughugin, at mga taong
darakpin o mga bagay na sasamsamin.
SEKSYON 3. (1) Hindi dapat labagin ang
pagiging lihim ng komunikasyon at
korespondensya maliban sa legal na utos ng
hukuman, o kapag hinihingi ang naiibang
kaligtasan o kaayusan ng bayan ayon sa
itinakda ng batas.
(2) Hindi dapat tanggapin para sa ano mang
layunin sa alin mang hakbangin sa paglilitis
ang ano mang ebidensya na nakuha nang
labag dito o sa sinusundang seksyon.
SEKSYON 4. Hindi dapat magpatibay ng
batas na nagbabawas sa kalayaan sa
pananalita, pagpapahayag, o ng
pamamahayagan, o sa karapatan ng mga
taong-bayan na mapayabang magkatipon at
magpetisyon sa pamahalaan upang ilahad
ang kanilang mga karaingan.
SEKSYON 5. Hindi dapat magbalangkas ng
batas para sa pagtatatag ng relihiyon, o
nagbabawal sa malayang pagsasagamit nito.
Dapat ipahintulot magpakailanman ang
malayang pagsasagamit at pagtatamasa ng
pagpapahayag ng relihiyon at pagsamba
nang walang pagtatangi o pamimili. Hindi
dapat kailanganin ang pagsusulit
pangrelihiyon sa pagsasagamit ng
karapatang sibil o pampulitika.
SEKSYON 6. Hindi dapat bawalan ang
kalayaan sa paninirahan at ang pagbabago ng
ENGLISH TRANSLATION
things to be seized.
Section 3. (1) The privacy of
communication and correspondence shall
be inviolable except upon lawful order of
the court, or when public safety or order
requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.
Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the right of
the people peaceably to assemble and
petition the government for redress of
grievances.
Section 5. No law shall be made
respecting an establishment of religion, or
prohibiting the free exercise thereof. The
free exercise and enjoyment of religious
profession and worship, without
discrimination or preference, shall forever
be allowed. No religious test shall be
required for the exercise of civil or
political rights.
Section 6. The liberty of abode and of
changing the same within the limits
N FILIPINO
tirahan sa saklaw ng mga katakdaang
itinatadhana ng batas maliban sa legal na
utos ng hukuman. Ni hindi dapat bawalan
ang karapatan sa paglalakbay maliban kung
para sa kapakanan ng kapanatagan ng bansa,
kaligtasang pambayan, o kalusugang
pambayan ayon sa maaaring itadhana ng
batas.
SEKSYON 7. Dapat kilalanin ang karapatan
ng taong-bayan na mapagbatiran hinggil sa
mga bagay-bagay na may kinalaman
sa tanán. Ang kaalaman sa mga opisyal na
rekord, at sa mga dokumento at papeles
tungkol sa mga opisyal na gawain,
transaksyon, o pasya, gayon din sa mga
datos sa pananaliksik ng pamahalaan na
pinagbabatayan ng patakaran sa
pagpapaunlad ay dapat ibigay sa
mamamayan sa ilalim ng mga katakdaang
maaaring itadhana ng batas.
SEKSYON 8. Hindi dapat hadlangan ang
karapatan ng mga taong-bayan kabilang ang
mga naglilingkod sa publiko at pribadong
sektor na magtatag ng mga asosasyon, mga
unyon, o mga kapisanan sa mga layuning
hindi lalabag sa batas.
SEKSYON 9. Ang mga pribadong ariarian
ay hindi dapat kunin ukol sa gamit
pambayan nang walang wastong kabayaran.
SEKSYON 10. Hindi dapat magpatibay ng
batas na sisira sa pananagutan ng mga
kontrata.
ENGLISH TRANSLATION
prescribed by law shall not be impaired
except upon lawful order of the court.
Neither shall the right to travel be impaired
except in the interest of national security,
public safety, or public health, as may be
provided by law.
Section 7. The right of the people to
information on matters of public concern
shall be recognized. Access to official
records, and to documents and papers
pertaining to official acts, transactions, or
decisions, as well as to government
research data used as basis for policy
development, shall be afforded the citizen,
subject to such limitations as may be
provided by law.
Section 8. The right of the people,
including those employed in the public and
private sectors, to form unions,
associations, or societies for purposes not
contrary to law shall not be abridged.
Section 9. Private property shall not be
taken for public use without just
compensation.
Section 10. No law impairing the
obligation of contracts shall be passed.
N FILIPINO
SEKSYON 11. Hindi dapat ipagkait sa sino
mang tao ang malayang pagdulog sa mga
hukuman at sa mga kalupunang mala-
panghukuman at sapat na tulong pambatas
nang dahil sa karalitaan.
SEKSYON 12.
(1) Ang sino mang tao na sinisiyasat dahil sa
paglabag ay dapat magkaroon ng karapatang
mapatalastasan ng kaniyang karapatang
magsawalang-kibo at magkaroon ng
abogadong may sapat na kakayahan at
malaya na lalong kanais-nais kung siya ang
maypili. Kung hindi niya makakayanan ang
paglilingkod ng abogado, kinakailangang
pagkalooban siya ng isa. Hindi maiuurong
ang mga karapatang ito maliban kung
nakasulat at sa harap ng abogado.
(2) Hindi siya dapat gamitan ng labis na
pagpapahirap, pwersa, dahas, pananakot,
pagbabanta, o ano mang paraaan na
pipinsala sa kanyang malayang pagpapasya.
Ipinagbabawal ang mga lihim kulungan,
solitaryo, ingkomunikado, o iba pang
katulad ng anyo ng detensyon.
(3) Hindi dapat tanggaping ebidensya laban
sa kanya ang ano mang pagtatapat o pag-
amin na nakuha nang labag sa seksyong ito o
sa seksyong labing-pito.
(4) Dapat magtadhana ang batas ng mga
kaparusahang penal at sibil sa mga paglabag
sa seksyong ito at gayon din ng bayad-
pinsala at rehabilitasyon sa mga biktima ng
labis na mga paghihirap o katulad ng mga
ENGLISH TRANSLATION
Section 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
Section 12.
(1) Any person under investigation for the
commission of an 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 the person cannot afford the
services of counsel, he must be provided
with one. These rights cannot be waived
except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained
in violation of this or Section 17 hereof
shall be inadmissible in evidence against
him.
(4) The law shall provide for penal and
civil sanctions for violations of this section
as well as compensation to the
rehabilitation of victims of torture or
similar practices, and their families.
N FILIPINO
nakagawian, at sa kanilang mga pamilya.
SEKSYON 13.
Ang lahat ng mga tao, maliban sa mga
nahahabla sa mga paglabag na pinarurusahan
ng reclusion perpetua kapag matibay ang
ebidensya ng pagkakasala, bago mahatulan,
ay dapat mapyansahan ng sapat ng pyador, o
maaaring palayain sa bisa ng panagot ayon
sa maaaring itadhana ng batas. Hindi dapat
bawalan ang karapatan sa pyansa kahit na
suspendido ang pribilehiyo ng writ of habeas
corpus. Hindi dapat kailanganin ang malabis
na pyansa.
SEKSYON 14. (1) Hindi dapat papanagutin
sa pagkakasalang kriminal ang sino mang
tao nang hindi kaparaanan ng batas.
(2) Sa lahat ng mga pag-uusig kriminal, ang
nasasakdal ay dapat ituring na walang sala
hangga’t hindi napapatunayan ang naiiba, at
dapat magtamasa ng karapatang magmatwid
sa pamamagitan ng sarili at ng abogado,
mapatalastasan ng uri at dahilan ng sakdal
laban sa kanya, magkaroon ng mabilis,
walang kinikilingan, at hayagan paglitis,
makaharap ang mga testigo, magkaroon ng
sapilitang kaparaanan upang matiyak ang
pagharap ng mga testigo sa paglilitaw ng
ebidensyang para sa kanyang kapakanan.
Gayon man, matapos mabasa ang sakdal,
maaring ituloy ang paglilitis kahit wala ang
nasasakdal sa pasubaling marapat na
napatalastasan siya at di makatwiran ang
kanyang kabiguang humarap.
SEKSYON 15. Hindi dapat suspindihin ang
ENGLISH TRANSLATION
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.
Section 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(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.
Section 15. The privilege of the writ of
N FILIPINO
pribilehiyo ng writ of habeas corpus,
maliban kung may pananalakay o
paghihimagsik, kapag kinakailangan ng
kaligtasan pambayan.
SEKSYON 16. Dapat magkaroon ang lahat
ng mga tao ng karapatan sa madaliang
paglutas ng kanilang mga usapin sa lahat ng
mga kalupunang panghukuman, mala-
panghukuman, o pampangasiwaan.
SEKSYON 17.  Hindi dapat pilitin ang
isang tao na tumestigo laban sa kanyang
sarili.
SEKSYON 18. (1) Hindi dapat detenihin
ang sino mang tao dahil lamang sa kanyang
paniniwala at hangaring pampulitika.
(2) Hindi dapat pairalin ang ano mang anyo
ng sapilitang paglilingkod, maliban kung
kaparusahang pataw ng hatol ng
pagkakasala.
SEKSYON 19. (1) Hindi dapat ipataw ang
malabis na multa, ni ilapat ang malupit, imbi
o di-makataong parusa, o ang parusang
kamatayan, matangi kung magtadhana ang
Kongreso ng parusang kamatayan sa mga
kadahilanang bunsod ng mga buktot ng
krimen. Dapat ibaba sa reclusion perpetua
ang naipataw nang parusang kamatayan.
(2) Dapat lapatan ng kaukulang batas ang
pagpapahirap na pisikal, sikolohikal, o
imbing pagpaparusa sa sino mang bilanggo o
detenido o ang paggamit ng mga
ENGLISH TRANSLATION
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.
Section 17. No person shall be compelled
to be a witness against himself.
Section 18. (1) No person shall be
detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been
duly convicted.
Section 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the
Congress hereafter provides for it. Any
death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the use
of substandard or inadequate penal
 N FILIPINO ENGLISH TRANSLATION

kaluwagang penal na di-makatao. facilities under subhuman conditions shall

be dealt with by law.

SEKSYON 20. Hindi dapat ibilanggo ang Section 20. No person shall be imprisoned
isang tao nang dahil sa pagkakautang o hindi for debt or non-payment of a poll tax.
pagbabayad ng sedula.

SEKSYON 21. Hindi dapat na ang isang tao
ay makalawang masapanganib ng
kaparusahan sa iisang paglabag. Kung
pinarurusahan ng batas at ng ordinansa ang
isang kagagawan, ang pagkaparusa o
pakaabswelto sa ilalim ng alin man dito ay
magiging hadlang sa iba pang pag-uusig sa
gayon ding kagagawan.
Section 21. No person shall be twice put in
jeopardy of punishment for the same
offense. If an act is punished by a law and
an ordinance, conviction or acquittal under
either shall constitute a bar to another
prosecution for the same act.

SEKSYON 22. Hindi dapat magpatibay ng
batas ex post facto o bill of attainder.
Ang Bill of Attainder ay nagpapataw ng
parusa sa kongreso nang walang paglilitis
sa hukuman
Section 22. No ex post facto law or bill of
attainder shall be enacted.
A bill of attainder is an act of a legislature
declaring a person, or a group of persons,
guilty of some crime, and punishing them,
often without a trial. Wikipedia

As used in this Act, "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,
without prejudice to the liability of the "inviting" officer for any violation of law.

The person's "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.
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained
illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence
itself is tainted, then anything gained (the "fruit") from it is tainted as well.

The “fruit of the poisonous tree” is a doctrine that is very similar to the exclusionary rule. Under
the fruit of the poisonous tree doctrine evidence obtained from illegal arrest, search or seizure is
not admissible in the court of law. [1] Such evidence is excluded by the courts at the time of trial
and the State is prevented from using the same as evidence. 

The application of the exclusionary rule has been significantly limited by a GOOD
FAITH exception created by the Supreme Court in United States v. Leon, 468 U.S. 897, 104 S.
Ct. 3405, 82 L. Ed. 2d 677 (1984). Under the good faith exception, evidence obtained in
violation of a person's Fourth Amendment rights will not be excluded from trial if the law
enforcement officer, though mistaken, acts reasonably. For example, if an officer reasonably
conducts a search relying on information that is later proved to be false, any evidence seized in
the search will not be excluded if the officer acted in good faith, with a reasonable reliance on
the information. The Supreme Court has carved out this exception to the exclusionary rule
because, according to a majority of the court, the rule was designed to deter police misconduct,
and excluding evidence when the police did not misbehave would not deter police misconduct.

Read more: Search and Seizure - The Exclusionary Rule And The Fruit Of The Poisonous Tree
Doctrine - Evidence, Court, Trial, and Amendment - JRank
Articles https://law.jrank.org/pages/10054/Search-Seizure-Exclusionary-Rule-Fruit-Poisonous-
Tree-Doctrine.html#ixzz6awPwUwYA
For example, assume that an illegal search has garnered evidence of illegal explosives. This
evidence is then used to obtain a warrant to search the suspect's home. The exclusionary rule
excludes the evidence initially used to obtain the search warrant, and the fruit of the poisonous
tree doctrine excludes any evidence obtained in a search of the home.

Read more: Search and Seizure - The Exclusionary Rule And The Fruit Of The Poisonous Tree
Doctrine - Evidence, Court, Trial, and Amendment - JRank
Articles https://law.jrank.org/pages/10054/Search-Seizure-Exclusionary-Rule-Fruit-Poisonous-
Tree-Doctrine.html#ixzz6awP9uius
Like the exclusionary rule itself, this doctrine is subject to three important
exceptions. The evidence will not be excluded:

1. if it was discovered from a source independent of the illegal activity;

2. its discovery was inevitable;
3. or if there is attenuation between the illegal activity and the discovery of the
evidence.

Further, if the primary evidence was illegally obtained, but admissible under

the good faith exception, its derivatives (or "fruit") may also be admissible.
The doctrine is subject to four main exceptions.[citation needed] The tainted evidence is admissible if:

1. it was discovered in part as a result of an independent, untainted source; or

2. it would inevitably have been discovered despite the tainted source; or
3. the chain of causation between the illegal action and the tainted evidence is too
attenuated; or
4. the search warrant was not found to be valid based on probable cause, but was
executed by government agents in good faith (called the good-faith exception).
5. The exclusionary rule excludes the evidence initially used to obtain the search
warrant, and the fruit of the poisonous tree doctrine excludes any evidence
obtained in a search of the home
6. Examples of exclusionary rule in a Sentence
7. Recent Examples on the WebUnder a principle known as
the exclusionary rule, evidence uncovered using an invalid search
warrant is excluded from trial.— Timothy B. Lee, Ars Technica, "Removing a GPS
tracking device from your car isn’t theft, court rules," 24 Feb. 2020 The law allows a
good-faith exception to the exclusionary rule  in some cases where
police rely on a warrant that later proves defective.
8. . The Doctrine of the Fruit of the Poisonous Tree
9.  
10. 1. Evidence will be excluded if it was gained through
evidence uncovered(revealed) in an illegal arrest,
unreasonable search or coercive interrogation, or violation
of a particular exclusionary law.
11.

Miranda v. Arizona (1966)

In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police
questioning, must be informed of their constitutional right to an attorney and against self-
incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda, who was
charged with rape, kidnapping, and robbery. Miranda was not informed of his rights prior to the police
interrogation. During the two-hour interrogation, Miranda allegedly confessed to committing the
crimes, which the police apparently recorded. Miranda, who had not finished ninth grade and had a
history of mental instability, had no counsel present. At trial, the prosecution's case consisted solely of
his confession. Miranda was convicted of both rape and kidnapping and sentenced to 20 to 30 years in
prison. He appealed to the Arizona Supreme Court, claiming that the police had unconstitutionally
obtained his confession. The court disagreed, however, and upheld the conviction. Miranda appealed
to the U.S. Supreme Court, which reviewed the case in 1966.

The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution
could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to
first inform Miranda of his right to an attorney and against self-incrimination. The police duty to give
these warnings is compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the
right to refuse "to be a witness against himself," and Sixth Amendment, which guarantees criminal
defendants the right to an attorney.

The Court maintained that the defendant's right against self-incrimination has long been part of Anglo-
American law as a means to equalize the vulnerability inherent in being detained. Such a position,
unchecked, can often lead to government abuse. For example, the Court cited the continued high
incidence of police violence designed to compel confessions from a suspect. This and other forms of
intimidation, maintained the Court, deprive criminal suspects of their basic liberties and can lead to
false confessions. The defendant's right to an attorney is an equally fundamental right, because the
presence of an attorney in interrogations, according to Chief Justice Warren, enables "the defendant
under otherwise compelling circumstances to tell his story without fear, effectively, and in a way that
eliminates the evils in the interrogations process."

Without these two fundamental rights, both of which, the Court ruled, "dispel the compulsion inherent
in custodial surroundings," "no statement obtained from the defendant can truly be the product of his
free choice."

Thus, to protect these rights in the face of widespread ignorance of the law, the Court devised
statements that the police are required to tell a defendant who is being detained and interrogated.
These mandatory "Miranda Rights" begin with "the right to remain silent," and continue with the
statement that "anything said can and will be used against [the defendant] in a court of law." The
police are further compelled to inform the suspect of his or her right to an attorney and allow for (or, if
necessary, provide for) a defendant's attorney who can accompany him during interrogations. Because
none of these rights was afforded to Ernesto Miranda and his "confession" was thus unconstitutionally
admitted at trial, his conviction was reversed. Miranda was later retried and convicted without the
admission of his confession.

he Landmark Decision
The Supreme Court, under Chief Justice Earl Warren , agreed. In a 5-4
ruling, the Supreme Court reversed the Arizona Supreme Court
decision and declared that Miranda’s confession could not be used as
evidence in a criminal trial.

In a unanimous decision, the Court held that the seizure of items from Weeks' residence directly
violated his constitutional rights. The Court also held that the government's refusal to return
Weeks' possessions violated the Fourth Amendment. To allow private documents to be seized
and then held as evidence against citizens would have meant that the protection of the Fourth
Amendment declaring the right to be secure against such searches and seizures would be of no
value whatsoever. This was the first application of what eventually became known as the
"exclusionary rule."
eeks v. United States, 232 U.S. 383 (1914), was a United States Supreme Court case in which the
Court unanimously held that the warrantless seizure of items from a private residence constitutes a
violation of the Fourth Amendment.[1] It also prevented local officers from securing evidence by
means prohibited under the federal exclusionary rule and giving it to their federal colleagues. It was
not until the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the exclusionary rule was deemed to
apply to state courts as well.
 Contents

 1Background

 2Decision

 3References

 4External links

Background[edit]
On December 21, 1911, Fremont Weeks, the plaintiff in error and defendant, was arrested by a
police officer at the Union Station in Kansas City, Missouri, where an express company employed
him. Weeks was convicted of using the mails for the purpose of transporting lottery tickets, in
violation of the Criminal Code. At the time of his arrest, police officers went to Weeks' house to
search it. A neighbor told them where to find the key. Officers entered the house of the defendant
without a search warrant and took possession of papers and articles, which were turned over to
the US marshals. The officers returned later on the same day with the marshal, still without a
warrant, and seized letters and envelopes that they found in the drawer of a chiffonier.
His papers were used to convict Weeks of transporting lottery tickets through the mail. Weeks
petitioned against the police for the return of his private possessions.

Decision[edit]
The Supreme Court unanimously decided that since there was no warrant, the search was illegal.
Therefore, the papers found should have been excluded because of the Fourth Amendment.
Acquitting a guilty person would be preferable to violating the exclusion rule and thus the
Constitution.[2]

a person is pronounced guilty, without trial,

ng Bill of Attainder ay nagpapataw ng parusa sa kongreso nang walang paglilitis sa hukuman.