Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

482

House Bill No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

In the face of the alarming rise of criminality in the country and the government's
response to totally eradicate all forms of lawlessness in our midst, there is a strong tendency

22 for law enforcement agencies, in their anti-crime campaign, to dispense with the basic precepts
23 of the Bill of Rights. In our midst, we hear reports of suspected criminals being summarily
24 executed and of detainees being tortured by ingenious means, akin to barbarism, to elicit
25 confessions.

26 .

27 There is, therefore, an urgent need to codify a comprehensive set of safeguards for the

protection of every person accused, arrested or under investigation for the commission of a
crime pursuant to the Bill of Rights, the pronouncements of the Supreme Court thereon and the
rules of procedure and other applicable laws. These safeguards will complement the anti-crime
campaign of the government and temper it with built-in procedures to balance the drive vis a

32_vis the basic rights of individuals before the law.

33

34 The bill is basically a survey of the existing rules of procedure, jurisprudence and legal
35. opinion that have evolved through the years. The author of this bill acknowledges the
36 respective ponente of the doctrinal pronouncements of the Supreme Court which are
37 incorporated in this proposed legislation.

38

39 In addition, the bill contains innovations to effectively ensure the observance of certain
40 rules for the protection of the accused or persons arrested or under investigation for the
41 commission of crime.

42

43 ‘The urgent passage of this bill is earnestly sought.

44

45

46

48 Ck ttl

49

50 Hon. WALDEN BELLO

51 Representative, Akbayan Party-list



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

9
House Bill No. 485

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT
PROVIDING FOR THE RIGHTS OF THE ACCUSED AND PERSONS UNDER
INVESTIGATION FOR THE COMMISSION OF A CRIME, PROVIDING FOR CIVIL AND
CRIMINAL PENALTIES IN CASE OF VIOLATION THEREOF, AND FOR OTHER
PURPOSES

Be enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

ARTICLE I
‘TITLE AND POLICY

SECTION 1. Short Title. This Act shall be known as the "2007 Omnibus Bill on the
Rights of the Accused and Persons under Investigation for the Commission of Crime" and may
be cited as such.

SEC. 2. Declaration of Policy. \t is the policy of the State to complement the anti-crime
campaign of the law enforcement agencies of the government with a comprehensive set of
safeguards to ensure: compliance with the Constitution, the Rules of Court and the
pronouncements of the Supreme Court on the Bill of Rights. It is likewise the policy of the
State to enhance and respect the basic rights of the individual before the law and the courts of
justice with the end in view of achieving a moral, equitable, but effective administration of
criminal justice consistent with due process of law.

ARTICLE IT
GENERAL PROVISIONS

SEC. 3. All persons under investigation for the commission of any crime punishable under
existing laws or those who are actually charged therefor shall have the right to be presumed
innocent and shall be entitled to the rights specified in the Philippine Constitution, international
treaties ratified by the country and those provided in this Act.

SEC. 4. These rights shall be available and may be asserted at any stage of the criminal
proceedings inclusive of the arrest and investigation stages.


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ARTICLE III
RIGHTS DURING ARREST

SEC. 5. In case of an arrest with warrant, any person sought to be apprehended by any law
enforcement or peace officer shall have the right to ask for the basis of the arrest and to
require the arresting officer to show identification papers. A directive issued by the Chief of the
enforcement agency to all law enforcement or peace officers regarding particular warrants of
arrest issued by particular courts shall be enough to make an arrest. However, the person
apprehended shall have the right to ask that a copy of the warrant be exhibited to her/im upon
reaching the law enforcement agency's headquarters/sub-station.

Arrests without warrant and those effected by private persons shall be carried out in
accordance with Sections 8 and 9, Rule 113 of the Revised Rules of Court with the
corresponding right of the person to be arrested to ask the peace officer or the private person,
as the case may be, to exhibit identification papers as well as the reason for the arrest in order
to prepare an adequate defense.

Failure on the part of the peace officer or private person to comply with the foregoing,
when requested to do so, shall be su‘ficient legal ground for the person sought to be arrested
to refuse to go with the arresting officer or private person.

SEC. 6. After an arrest has been effected, the arresting officer shall immediately inform the
person arrested of her/is right to remain silent and to be assisted by a counsel. Every peace
officer shall carry with her/im a warning card containing a recital of these rights both in English
and Filipino or dominant dialect of the area in the following manner:

° WARNING
Under the law, you have the following the rights:
You have the right to remain silent and not tell us anything. Anything you say
will be used against you in court.
You have the right to a lawyer of your own choice before any questioning or
investigation can take place.
If you cannot afford a lawyer, the court gives one free of charge, before
questioning.
You cannot waive these rights except in writing and in the presence of your
lawyer.

BABALA
Sa ilalim ng batas, narito ang mga karapatan mo:
Karapatan mo ang tumehimik at huwag maasalita ng kahit ano.
Anuman ang sasabihin mo ay maaring gamitin sa husgado laban sa iyo.
Bago ka imbestigahan, karapatan mo ang kumunsulta sa abogadong gusto mo.
Bago ka imbestigahan, kung hindi mo kayang kumuha ng sarili mong abogado,
bibigyan ka ng hukuman ng isa nang walang bayad.
Maar mo lamang talikdan ang mga karapatang ito sa_pamamagitan ng isang
Aasulatan na (sinagawa mo sa tulong at sa harap ng iyong abogado.”

The above rights shall be read by the arresting officer to the person arrested in the
language or dialect with which the latter is most familiar. In any case, the officer shall exert all
efforts to ensure that the person arrested has fully understood said rights.

The warning shall also be written in big letters and dominantly displayed on the wall of
the room where the custodial investigation is conducted so the detained person can easily read
them.

SEC. 7. If the person arrested has manifested her/is desire to avail of the services of a lawyer
but cannot afford one, the arresting officer shall immediately comply with the provisions of
Article IV of this Act. In the meantime, no interrogation or questioning of any kind shall be
conducted until after the person arrested shall have conferred with her/is lawyer, either


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retained or appointed, and has waived the right to remain silent or to counsel in writing and in
the presence of such counsel.

SEC. 8. No violence or unnecessary force, or display or threat thereof, shall be employed in
effecting the arrest. The person arrested shall not be subjected to any undue restraint of
liberty other than such as may be reasonably necessary for her/is detention.

SEC. 9. The person arrested shall, without any delay, be delivered to the nearest police station
r jail having jurisdiction over the place of arrest and in no other place. The arresting officer
shall immediately and not later than six (6) hours after the arrest inform the relatives or next-
of-kin of the person arrested present at the time of the arrest, or immediately after the arrest,
of the site of arrest, of the place where the person arrested will be brought and the exact
location thereof. In the absence of relatives or next-of-kin, the court shall be informed of the
arrest who shall immediately appoint a counsel for the accused. If requested by the person
arrested or her/is relative or next-of-kin, the arresting officer shall allow one (1) relative, next-
of-kin or friend to accompany her/im to her/is detention place. In any event, the arresting
officer shall enable the person arrested to communicate with her/is relatives or next-of-kin by
telephone or other expedient means.

The police station or jail having jurisdiction over the place of arrest shall keep an
accurate records-keeping on persons arrested and their case status which shall be open to the
public.

At the minimum, all places where persons are kept in custody shall keep accurate records of
the following:

(1) the identity of all person arrested;

(2) the reasons for the arrest and authority therefor;

G3) the time of arrest, the time of the taking of an arrested person to the place of custody as
well as the time and date of an arrested person's first appearance before a judicial
authority;

(4) the identity of the law enforcement officials concerned; and

(5) the day and hour of release.

SEC. 10. It shall be unlawful for any person to deliver the person arrested or to keep her/im
in custody in any place or places other than that designated by law.

It shall likewise be unlawful for any person to employ any form of violence, torture or
attack, whether physical or psychological, upon the person or honor of the prisoner, or to keep
herfim in secret detention places, solitary confinement or render her/im incommunicado.

SEC. 11. Any confession, admission or statement obtained from a person in violation of the
preceding sections of this Article shall be inadmissible as evidence against her/im in any
proceedings. In addition to his responsibility under existing laws, the offender shall likewise be
liable for the damages and criminal liabilities prescribed in this Act.

SEC. 12. Preliminary investigation shall be conducted in accordance with Rule 112 of the
Revised Rules of Court strictly observing the periods prescribed therein for the submission of
affidavits, counter-affidavits, the replies thereto and the resolution of the case after it has been
submitted for determination. These periods shall be mandatory and shall not be lengthened
during the effectivity of this Act.

The investigating prosecutor may dismiss the case after the lapse of the periods referred
to above without any fault on the part of the respondent or if it appears, at any stage of the
proceedings, that no sufficient evidence exists to justify the prosecution of the respondent.

SEC. 13. An inquest procedure shall immediately be conducted to ascertain whether the
accused has committed the crime. An arrested person shall be detained only for such periods
of time allowed under Article 125 of the revised Penal Code. Within said periods, a complaint


or information should be filed if warranted by the evidence, otherwise the person arrested shall
forthwith be released.

SEC, 14. Whether through preliminary investigation or by inquest, the right to be brought
before a judicial court shall accrue immediately after arrest. No person shall be kept under pre-
trial detention more than what is provided for in Rule 112 of the Revised Rules of Court.

ARTICLE IV
RIGHTS DURING CUSTODIAL INVESTIGATION

SEC. 15. Custodial investigation shall refer to the stage where the investigation conducted
by law enforcers is no longer a general inquiry into an unsolved crime but has began to focus
ona particular suspect who had been taken into custody by law enforcement officers who carry
out a process of interrogation that lends itself to elicit incriminating statements. It shall also
refer to instances when questions are initiated by law enforcement officers after a person has
been taken into custody or otherwise deprived of her/is freedom of action in any significant
manner. Custodial investigation shall also include any questioning or probe involving a person
"invited" by law enforcement officers in connection with an offense s/he is suspected to have
committed.

SEC. 16. Any person "invited" to shed light on general matters, even before such person is
considered a suspect by law enforcement officers, shall have the right to refuse the "invitation"
without fear of punishment.

SEC. 17. Any person under custodial investigation as defined in Section 1 hereof shall have
the right to remain silent and to refuse to answer any question propounded to her/im. In
addition, s/he shall have the right to consult and confer with a lawyer preferably of her/is own
choice. In the event that said person cannot afford to hire a counsel, one shall be appointed to
assist her/him pursuant to the procedure prescribed in Article VI hereof. Under no
circumstance shall a person be investigated or undergo confrontation procedures such as line-
ups, one man show-ups, and re-enactment of the alleged crime without the presence and
assistance of counsel, unless s/he has, in the meantime, executed a written waiver of her/is
right to remain silent and to counsei under this Article.

SEC. 18. Notwithstanding any incriminating evidence against her/im, the refusal of a person
under investigation to make any statement or provide information shall not in any manner be
used against or otherwise prejudice her/im, nor shall any inference of guilt arise as a result
thereof.

SEC. 19. Failure on the part of the prosecution to demonstrate during trial that the accused
was informed and afforded the right: mentioned in Section 3 of this Article and was actually not
afforded such rights, shall render any information or evidence obtained as a result of the
investigation inadmissible as evidence against her/im in any proceedings.

SEC. 20. The rights provided in Section 3 hereof cannot be waived or renounced except in
writing and in the presence of a counsel. The lawyer engaged by the person under
investigation or duly appointed to assist her/im shall diligently discharge her/is duties and
explain the full import of the rights and the effect of any waiver thereof.

SEC. 21. Any statement procure¢ after a waiver under the immediately preceding section shall
be sworn to before the proper administering officer. The latter, before administering the oath,
shall ensure the voluntariness of the waiver and cause the confessant to undergo physical
examination by an independent physician to determine whether or not force or violence, or
threat thereof, was used in eliciting the statement or information.

SEC. 22. Any waiver made by any person under custodial interrogation pursuant to Section 6
hereof may be withdrawn at any stage of the investigation and s/he shall again be entitled to
the rights provided herein. However, any confession duly made after a valid waiver but before
the withdrawal thereof shall remain valid and admissible.


ARTICLE V
EFFECTIVE RIGHTS TO BAIL AND RELEASE ON RECOGNIZANCE

SEC. 23. All persons under detention, except those charged with offenses punishable by
reclusion perpetua or death when evidence of guilt is strong before convictions, shall have the
right to bail by sufficient sureties, cash or property bond or shall be released on her/is own
recognizance or that of a responsible person as provided in this Article.

SEC. 24, The right to ball shall be available notwithstanding the suspension of the privilege of
the writ of habeas corpus.

SEC. 25. For offenses which are bailable by right, all matters pertaining to bail (reduction,
recognizance, humanitarian grounds, health reasons, etc.) shall be resolved within seven (7)
days from the date of the filing of the information at a bail hearing, separate and distinct from
the trail on the merits. The executive judges of all trial courts shall be required to assign
judges on a rotation basis for bail hearing duty. A similar bail hearing shall be held for offenses
which are non-bailable by right within thirty (30) days from the filing of the information. At this
hearing, the prosecution shall present the evidence which constitutes the main case to qualify it
as being "strong" and warranting denial of the right to bail. Failure of the prosecution to
terminate the presentation of its evidence within this period shall automatically result in the
granting of bail to and the immediate release of the accused. The thirty (30) - day period may
be extended only if the defense asks for an opportunity to present rebuttal evidence. For non-
bailable offenses, the presiding judge of the court where the case is pending shall sit as ail
hearing judge to facilitate the reception of evidence and for purposes of speedy trial

SEC. 26. Excessive amount of bail which has the effect of rendering nugatory the very right
itself shall not be required.

In fixing the amount of bail, the court shall be guided by Section 10, Rule 114 of the
Revised Rules of Court with due consideration on the financial ability of the accused to post bail
or the propriety of her/is release on recognizance.

Upon filing of an information, the court shall, motu propio or upon motion of the
accused, judiciously review and pass upon the amount of bail recommended by the government
prosecution agency and may modify or alter the same.

SEC, 27. A person in custody shall, at the discretion of the court, be released on reduced
amount of bail or on her/is own recognizance or that of a responsible person when:

(J) S/He has been in custody for such period equivalent to at least the minimum of the
Prescribed principal penalty of imprisonment for the offense with which he is charged,
without the application of Act No. 4103 (Indeterminate Sentence Law) or any aggravating
and mitigating circumstances; and,

(2) S/He is charged with a crime for which the law prescribes a maximum imprisonment of not
more than six (6) years.

In case a person is charged with two (2) or more offenses, the aggregate of the
respective maximum imprisonment attached thereto shall be the basis for the application of this
paragraph.

SEC. 28. Release on recognizance shall have the same effect and shall be subject to all
conditions, rights, responsibilities and duties as if the accused has been released on bail.

‘The person to whom the body of the accused was released on recognizance shall
exercise the rights and assume the suties and responsibilities of a surety under the Rules of
Court.


SEC. 29. Notwithstanding the provisions of the foregoing sections of this Article, any person in
custody against whom no information has yet been filed in court shall have the right to apply
for bail or petition to be released on recognizance before any court in the province, city or
municipality where s/he.is detained.

SEC. 30, The filing of bail or a petition or motion to be released on recognizance shall not
result in the waiver by the accused of her/is right to question any irregularity attending his
arrest nor of his right to avail of any and all remedies under existing laws or rules of procedure.

SEC. 31. In the event that bail is denied or granted and the defense or prosecution wishes to
challenge the trial court's decision before the appellate courts, a temporary restraining order
preventing the release of the accused shall not have more than the usual twenty (20) - day
period of effectivity. For this purpose, the appellate court shall give priority to these cases as in
habeas corpus.

. ARTICLE VI
RIGHT TO ADEQUATE AND COMPETENT LEGAL ASSISTANCE

SEC. 32. Every person arrested, charged or under investigation for the commission of an
offense shall have the right to a competent counsel in all stages of the proceedings against
her/im, commencing from her/is arrest up to her/is final conviction or acquittal.

This right cannot be waived notwithstanding the manifestation of the accused to the
contrary.

SEC. 33. The accused or the person arrested or under investigation shall have the right to
engage the services of a lawyer of her/is own choice and shall be afforded reasonable
opportunity to engage one. However, if s/he cannot afford a lawyer, the court shall be
immediately notified of the same and shall cause the appointment of an adequate, competent
and independent counsel de offcio to assist and represent her/him in accordance with this
article. In no case shall counsel be any of those directiy affected by the case, those charged
with conducting preliminary investigation or those charged with the prosecution of the crime.
Neither shall counsel be a lawyer under the authority, control, influence or supervision of the
military, police or prosecuting officials.

SEC. 34. The court shall, immediately after notification that a person has been taken into
custody or before the start of the investigation, give the latter the opportunity to secure the
services of a lawyer of her/is choice. If he cannot afford one, the court shall, without delay,
coordinate with the Public Attorney's Office, the Integrated Bar of the Philippines or any public
or private lawyers' group or firm for the appointment of a counsel de oficio.

For purposes of this Act, the Department of Justice, in coordination with the Integrated
Bar of the Philippines, shall prepare a list of all lawyers, law firms or lawyers’ groups and their
respective field or fields of practice or expertise. Copies thereof shall be furnished the
executive judges of all courts, the Court of Appeals and the Supreme Court. Said lawyers, law
firms and lawyers’ groups shall be available for appointment as counsel de offcio, under pain of
disciplinary action as determined by the Supreme Court, in case of unjustified refusal to accept
the appointment,

SEC. 35. Upon the filing of an information but before arraignment, the court shall inquire
whether or not the accused had been duly assisted and represented by a counsel during her/his.
detention,

If no counsel has yet been appointed, the court shall allow the accused reasonable
Opportunity to secure the services of a counsel de parte. If s/he cannot afford ‘one, the Public
Attorney assigned in its sala shall be designated as counsel de offcio.

In the absence of the latter, or at the discretion of the court depending on the case load
of the Public Attorney, the compiexity of the legal issues involved, the expertise required or the


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gravity of the penalty prescribed for the offense, it shall choose from among the list mentioned
in Section 3 above the lawyer or law firm who shall be appointed as counsel de oficio to assist
‘and represent the accused. Every law firm with at least five (5) lawyers, shall be required to
handle one (1) de oficio case every year. Every law firm with at least ten (10) lawyers, shall be
required to handle two (2) de offcio cases every year. Every law firm with at least fifteen (15)
lawyers, shall be required to handle three (3) de oficio cases every year.

Notwithstanding, the fact that a counsel de offcio has already been appointed, the judge
shall designate a new counsel to represent the accused if s/he finds that the original lawyer has
not been diligent in handling the defense of the accused, without prejudice to any possible
responsibility of the erring lawyer under this Act, her/is oath as a member of the Philippine Bar,
the Code of Professional Ethics and the existing laws.

SEC. 36. The court shall at all times ensure that the appointed counsel de oficio is diligently
and adequately representing the accused and may issue such orders as may be necessary for
the implementation of this and the preceding section.

SEC. 37. The paipable lack of diligence on the part of a duly appointed counsel ae offcio in
handling the defense of the accused shall be a ground for new trial under the Revised Rules of
Court, without prejudice to the responsibility of the appointed counsel for disciplinary sanctions.

ARTICLE VII
RIGHTS DURING DETENTION

SEC. 38. All persons under dztention, whether by virtue of a final judgment or of an
arrest, whether lawful or unlawful, or during or while awaiting trial, shall be treated humanely
and shall not be subjected to any form of physical or psychological harassment, violence,
intimidation or threat thereof. S/He shall not be kept in a place other than the ones legally
established for the purpose.

‘Any violation of the foregoing paragraph shall be punished under Article XI of this Act in
addition to whatever liabilities the offender may have under existing laws.

SEC. 39. In addition to what has been provided in the immediately preceding section, a
detainee shall have the following rights:

(1) The right to be visited by, and confer privately with counsel, whether retained or appointed,
at any time of the day, and in urgent cases, of the night. Each place of custody/detention
area shall have a special room, free of listening devices, furnished with a table and at least
two (2) chairs, where client and counsel may discuss their case confidentially. Prison
guards shall not remain within earshot of the conversation, but may view the conversation
from afar.

(2) The right, subject to reasonable regulations, to visitations by and conferences and get-
together with her/is immediate family. For purposes of this Act, "immediate family"
includes a person's spouse, fiancee or fiancé, parent, child or other ascendants and
descendants and relatives by affinity or consanguinity.

(3) The right to be visited by, confer privately and coordinate with and air grievances to
representatives of the Human Rights Commission or any non-governmental organization or
by any international non-governmental organization.

(4) The right to adequate medical and dental attendance, services and periodic examinations to
be provided by the Bureau of Prisons in coordination with the Department of Health or
other appropriate health agencies of the government. In addition, the prisoner shall have
the right to consult or be examined or attended to by any private doctor or dentist of her/is
choice at all times. The Bureau and Department are hereby empowered to promulgate the
guidelines, policies and rules and regulations to effectuate the provisions of this paragraph
and other related provisions of this Act.


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(5) The right to seek spiritual guidance which includes the opportunity to be visited and
counseled by or communicate privately with a priest, clergy, minister, reverend or
representatives of any church or denomination of the prisoner's choice, and to initiate,
organize, attend or otherwise, participate in any religious meetings, prayer rallies,
novenas, mass and similar activities held inside the detention center.

(6) The right to pursue her/is education, both academic and vocational, while under detention.
The Department of Education, the Commission on Higher Education and the state colleges
and universities shall, in coordination with the Bureau of Prisons, formulate and carry out
programs, training courses and curricula to implement and carry into effect the provisions of
this paragraph.

(7) The right to sports and development and recreational facilities and programs while under
detention.

SEC. 40. All detained persons who are not convicted of any crime, who are awaiting trial or
undergoing trial, shall have the right to privacy subject to reasonable regulations. Searches of
pre-trial detainee’s living quarters shall be restricted to contraband items and instruments
allegedly to be used for escape. Any papers or documents relating to the detainee's case shall
not be taken. Only authorities having jurisdiction over the place of custody shall be allowed to
search the detainee’s quarters.

SEC. 41. The Bureau of Prisons shall endeavor to formulate guidelines and policies to see to it
that juvenile delinquents, youthful or first time offenders, political prisoners, pre-trial detainees
or detainees not yet convicted and those who committed or are charged with light or minor
felonies are segregated and protected from hardened criminals.

The Bureau shall endeavor to curtail riots, free-for-all melee, "kakosa", "mayor" and
“cuerna” system, tattooing, initiation rituals, the use and possession of prohibited drugs,
weapons and other injurious paraphernalia, the commission of lewd and indecent acts, and the
proliferation of "gang-system" inside the detention center and for that purpose, the Bureau
shall promulgate and implement reasonable but effective rules and regulations to achieve the
same.

SEC, 42, The Bureau shall protect the person, honor and privacy of female prisoners and they
shall be provided with quarters separate from the male prisoners. As much as possible, their
custodians and wardens shall be females.

SEC. 43. The Bureau or any law enforcement agency holding a person under administrative
detention or custodial investigation shall submit a report within twenty-four (24) hours to the
Commission on Human Rights any ir-cidence of rape and/or death of any prisoner or person
under administrative detention or custodial investigation.

ARTICLE VIII

SEC. 44. In all criminal prosecutions, the accused shall be Presumed innocent of the
offense charged until her/is guilt is proved beyond reasonable doubt by admissible, competent
and credible evidence consistent with due process of law.

No person shall be convicted unless her/is responsibility for the offense or offenses for
which s/he is indicted is established in accordance with the degree of proof prescribed in this
section.

SEC. 45. An accused shall have the right to be present and be heard in person and through
Counsel at every stage of the proceedings, from preliminary investigation or inquest up to her/is
final conviction or acquittal, as the case may be.

The accused may nevertheless waive herfis presence at the trial. The effects of such
waiver shall be governed by Section 1 (c), Rule 115 of the Revised Rules of Court. However,


unless the accused herself/himself is a lawyer and desires to handle her/is own defense, the
right to be heard by counsel shall not be waived.

SEC. 46. Upon motion of the accused, the court shall, without delay, cause the issuance of
such subpoenas ad testificandum and duces tecum to secure, under penalty of contempt, the
attendance of witnesses and the production of documents and papers material to the defense
of the accused. The court may, at its discretion, require the defense witnesses to post bail to
secure their attendance at the trial, or if they refuse to do so, in order not to frustrate the ends
of justice, order their arrest and detention for as long as their testimonies are required.

SEC. 47. At the hearing set for the arraignment of the accused, the court shall ensure that the
accused is duly represented by counsel in accordance with Section 4, Article IV hereof.
Thereafter, the court shall, in open court, furnish the accused with a copy of the information
together with a list of prosecution witnesses and exhibits. In addition, the information shall be
read to the accused in the presence of her/is counsel in the language or dialect known to the
accused, the court taking extra efforts to ensure that the latter fully understands the
accusations against her/im before entering her/is plea. The prosecution may, however, be
allowed to present additional witnesses and evidence not listed in the information provided that
the accused shall be afforded reasonable time to study the additional evidence and prepare for
cross-examination in advance of the trial.

SEC. 48. Before entering her/is plea, the accused may move to quash the information upon.
the grounds allowed by law and the court shall resolve said motion with deliberate dispatch.

SEC. 49. In addition’ to other grounds under existing law and procedure, the court shall
suspend the arraignment in any of these cases:

(1) If a motion to quash or motion for re-investigation has been filed; and,
(2) If the possibility of the accused being placed in double jeopardy appears to be well-
founded.

SEC. 50. The conduct of arraignment and entering of plea shall be governed by Rule 116 of
the Revised Rules of Court unless otherwise provided in this Article.

SEC. 51. In every criminal proceeding, the accused may altogether refuse to take the witness
stand. S/He may, however, present herself/imself as witness for her/is defense in which case
s/he may be cross-examined by the prosecution but only on matters taken up during her/is
direct examination.

The refusal of the accused to take the witness stand or to answer incriminating
questions propounded to her/im shall not in any manner prejudice her/is defense nor shall any
inference be presumed by reason thereof.

The right to self-incrimination may be invoked by the accused personally or through
counsel in the course of the examination.

SEC. 52. The accused shall have the right to meet face to face, confront and cross-examine
the witnesses against her/im in accordance with Section 6, Rule 132 of the Revised Rules of
Court. Without prejudice to the policy of expeditious disposition of cases, the court shall afford
the accused sufficient opportunity to rebut the testimonies of witnesses against her/im through
cross-examination and other means allowed under the rules of procedure.

SEC. 53. In addition to the grounds enumerated in Section 13, Rule 119 of the Revised Rules
of Court, the court may, motu propio’ or upon motion, exclude the public and the members of
the press from the courtroom in the exercise of its duty under Section 10 of this Article.

SEC. 54. The conviction or acquittal of an accused shall depend, not on her/is appearance,
personality, reputation, previous criminal record and courtroom demeanor or on other external
factors, but on the merits of the prosecution and defense evidence.


To this end, the jail warden or the officer holding the accused in custody, shall ensure,
in coordination with the relatives and next-of-kin of the prisoner, that the latter is respectably
dressed and groomed when attending court hearings. Unless there is a strong possibility of the
accused attempting to escape, the accused shall not be presented before the court in prisoner's
uniform or in handcuffs or similar devices designed to restrain freedom of action. The practice
of shaving the head of detention prisoners and the inscription of tattoo marks on their bodies
shall be prohibited.

SEC. 55. In all court hearings, the accused shall be entitled to be accompanied by her/is
relatives and friends and seating spaces inside the courtroom shall be reserved for them.

SEC. 56. Every accused shall have.the right to appeal all cases authorized by law and the
applicable rules of procedure.

ARTICLE IX
RIGHTS TO EXPIDITIOUS, PUBLIC AND IMPARTIAL DISPOSITION OF CASES

SEC. 57. All persons charged, facing trial, under investigation, arrested or detained for the
commission of a crime shall have the right to speedy disposition of their cases and shall be
spared from the anxiety and hardship of prolonged proceedings.

SEC. 58. Criminal cases, especially those against an accused who is under detention, shall
take precedence over other cases in the trial calendar of the court, with the exception of
habeas corpus proceedings or those directly involving the liberty of any person.

SEC. 59. Trial of criminal cases, once commenced, shal! continue from day to day until
terminated. This is without prejudice, however, to the right of the accused to prepare for trial
in case anew witness or exhibit not listed in the information is allowed to be presented.

All trial courts shall devote at least fifteen (15) hours every working week for hearing
criminal cases pending before them.

The prosecution shall diligently prepare its case and its failure to present or to continue
in the presentation of its evidence for three (3) consecutive hearing dates shall be a ground for
dismissal, The same rule shall apply in case of postponements made at the instance of the
Prosecution totaling eight (8) hearing dates, although not consecutive. Such dismissal shall be
equivalent to an acquittal for purposes of the application of double jeopardy.

ARTICLE X
PROHIBITION AGAINST UNNECESSARY PUBLICITY

SEC. 60. Without prejudice to the principle of free press and the public's right to
information, public prosecutors and administrative investigation agents shall ensure that their
investigations and inquiries are not conducted with unnecessary publicity.

No person arrested or under investigation for the commission of a crime or under
detention by virtue of a final judgment or of an arrest, whether lawful or unlawful, or during or
while awaiting trial shall be presented to the media with unnecessary inscriptions which may
tend to subject her/im to discredit and contempt.

No criminat case or proceedings shall be accorded unnecessary publicity. Nor shall any
Person under custody or facing trial be unnecessarily subjected to media exposure which may
tend to result in a trial by publicity or subject her/im to discredit and contempt.

SEC. 61. The court shall protect the accused from unnecessary publicity by controlling the
release of information related to the facts and the conduct of the case and shall caution or
admonish the litigants and their counsel or any other person from making out-of-court
statements bearing on the issues of the case.


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SEC. 62. Except for compelling reasons involving national interest and public safety and order,
no media coverage, press conference, interviews, public forum, broadcasts and other
publications sensationalizing an arrest, court hearing or other proceedings shall be conducted.
Any person aggrieved or who may be aggrieved by any of these activities shall resort to the
proper court for immediate relief.

SEC. 63. The effects of unnecessary media publicity on any case, trial or proceedings shall,
upon motion by the proper party, be passed upon by the court taking cognizance of the same
subject to appellate review. The court shall act and rule and issue such orders, writs or
processes in accordance with this Act and the applicable rules.

SEC. 64. Whenever sufficient facts exist to show that a publicity campaign is being conducted
against the accused and there is reason to believe that such campaign might influence the
conduct or outcome of the proceedings, the court shall transfer the venue of the case,
postpone the hearings until the deluge of publicity had subsided or issue such orders as it may
deem proper to protect the accused.

ARTICLE XI
RIGHT TO SUFFRAGE

SEC.65. Any person under custodial investigation or under detention while awaiting trial
or final judgment or conviction on her/is case shall have the right to suffrage.

SEC. 66. All government officials, to the extent practicable and compatible with their primary
responsibilities, shall assist the Commission on Elections (COMELEC) in carrying out this Article.
All such officials shall take reasonable measures to expedite, transmit, deliver and return all
election matters which the COMELEC may require them to perform.

SEC. 67. The COMELEC shall promulgate the provisions of the preceding sections.

ARTICLE XII
PENAL AND CIVIL SANCTIONS

SEC. 68. Any public or peace officer who violates Sections 4 and 6 of Article III and
Section 1 of Article VII of this Act by actually employing force or violence, whether physical or
psychological, upon the person or honor of the person arrested or detained shall be punished
by imprisonment of not less than ten (10) years and a fine of one hundred thousand pesos
(P100,000.00) plus dismissal from office, disqualification to hold any public position and
forfeiture of all benefits, without prejudice to whatever liabilities s/he might have under the
Revised Penal Code and other existing laws.

SEC. 69. Any other violation of the mandatory provisions of this Act shall be punished by an
imprisonment of not less than four (4) years but not more than six (6) years or a fine of fifty
thousand pesos (P50,000.00), or both imprisonment and fine.

SEC. 70. Any person who violates any provision of this Act shall be adjudged to pay actual,
moral and exemplary damages and attorney's fees authorized under the Revised Penal Code,
the Civil Code and other applicable laws.

ARTICLE XiII
FINAL PROVISIONS

SEC. 71. The Department of Justice, the Bureau of Jail Management and Penology, the
Commission on Human Rights, the Department of Health, the Department of Education, Culture
and Sports, a representative each from the Committees on Human Rights of both chamber of
Congress and other related agencies of the government shall promulgate such rules and
regulations to effectively implement the provisions of this Act.


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SEC. 72. All persons charged, facing trial, or under investigation for the commission of a crime
or under detention or serving sentence by reason thereof shall continue to be entitled to all
rights and privileges granted them under Republic Act No. 7438, the Revised Rules of Court and
‘other pertinent laws insofar as they are not in conflict witn this Act.

SEC. 73. In the event that any provision of this Act is declared unconstitutional, all other
provisions or portions hereof not affected by such declaration shall remain valid and effective.

SEC. 74. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.

APPROVED,