THIRTEENTH CONGRESS OF THE REPUBLI 
First Regular Session 
OF THE PHILIPPINE 
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Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
“Respect for the Constitution,” to borrow Mr. Justice Cruz’s words, is more 
important than securing a conviction based on a violation of the rights of the 
accused.” The rights of an accused are so supreme that they are given paramount 
importance in our Constitution, laws and rules on criminal procedure. This right 
has been recognized and established in order to make sure that justice is done to 
the accused. 
The rights of the accused are for the protection of the guilty and of innocent 
alike. Only the assurance that even the guilty shall be given the benefit of every 
constitutional guaranty can be innocent be secure in the same rights. Thus, the 
Supreme Court has always stressed its constant concern in due observance of 
the fundamental requirements of fairness and due process. 
The constitutional provision specifically contained in the Bill of Rights is a 
declaration and enumeration of the individual rights and privileges which the 
Constitution is designed to protect against violations by the government, or by 
individuals or groups of individuals. It is a charter of liberties for the individual and 
a limitation upon the power of the state. 
Indeed, it is unfortunate that the investigators who are sworn to do justice 
to all appear to have toyed with the fundamental rights of the accused. Men in 
uniform do not have blanket authority to arrest anybody they take fancy on, rough 
him up and put words into his mouth. Not only is there is a living Constitution 
which safeguards the rights of an accused, but a penal law which punishes 
maltreatment of prisoners and a statute which penalizes the failure to inform and 
accord the accused his constitutional rights. 
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This bill seeks to respond to 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, 
Supreme Court pronouncements thereon, the rules of procedure and other 
applicable laws. 
In view of the foregoing, approval of this bill is earnestly sought. 
/z- 
SERGIO OSMENA 111 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLI 
’I 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator S. R. Osmeiia 111 
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 it enacted by the Senate and the House of Representatives of the 
Philippine in Congress assembled: 
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ARTICLE I 
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TITLE AND POLICY 
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SECTION 1. 
Short Title. - This Act shall be known as the “2001 
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Omnibus Code on the Rights of the Accused and persons under 
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Investigation for the Commission of Crime’’ and may be cited as such. 
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SEC. 
2. 
Declaration of Policy. - It is the policy of the State to 
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complement the anti-crime campaign of the law enforcement agencies of the 
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government with a comprehensive set of safeguards to ensure compliance with 
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the Constitution, the Rules of Court and the pronouncements of the Supreme 
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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 view of achieving a moral, equitable, but effective administration of 
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criminal justice consistent with due process of law. 
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ARTICLE II 
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GENERAL PROVISIONS 
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SECTION 1. All persons under investigation for the commission of any 
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crime punishable under existing laws or those who are actually charged therefor 
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shall have the right to be presumed innocent and shall be entitled to the rights 
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specified in the Philippine Con;stitution, international treaties ratified by the 
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SEC. 2. These rights shall be available and may be asserted at any 
country and those in this Act. 
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ARTICLE 111 
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RIGHTS DURING ARREST 
stage of the criminal proceedings inclusive of the arrest and investigation stages. 
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SECTION 1. 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 
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for the basis of the arrest and to require the arresting officer to show 
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identification papers. A directive issued by the Chief of the enforcement agency 
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to all law enforcement or peace officers regarding particular warrants of arrest 
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issued by particular courts shall be enough to make an arrest. However, the 
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person apprehended shall have the right to ask that a copy of warrant be 
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exhibited 
to 
him/her 
upon 
reaching the 
law 
enforcement 
agency's 
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headquarters/sub-station. 
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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 
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of Court with the corresponding right of the person to be arrested to ask the 
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peace officer or the private person, as the case may be, to exhibit identification 
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defense. 
papers as well as the reason for the arrest in order to prepare an adequate 
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Failure on the part of the peace officer or private person to comply with 
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the foregoing, when requested to do so, shall be sufficient legal ground for the 
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person sought to be arrested to contest the arrest. 
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SEC. 2. After an arrest has been effected, the arresting officer shall 
immediately inform the person arrested of hidher right to remain silent and to be 
assisted by counsel. Every peace officer shall carry with him/her a warning card 
containing a recital of these rights both in English and Filipino or dominant dialect 
of the area in the following manner: 
WARN IN G 
Under the law, you have the following rights: 
I. You have the right to remain silent and not tell us anything. 
Anything you say may be used against you in court. 
You have the right of counsel of your own choice before any 
questioning or investigation can take place. 
3. If you cannot afford a lawyer, the court will give you one free of 
' charge, before questioning. 
You cannot waive these rights except in writing and in the 
presence of your counsel. 
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4. 
BABALA 
Sa ilalim ng batas, narito ang mga karapatan mo: 
I. 
2. 
3. 
4. 
Karapatan mo ang tumahimik at huwag magsalita ng kahit ano. 
Anuman ang sabihim mo ay maaaring gamitin sa hukuman laban 
sa iyo. 
Bag0 ka imbestigahan, karapatan mo ang kumunsulta sa 
abogadong pinili mo. 
Bag0 ka imbestigahan, kung hindi mo kayang kumuha ng sarili 
mong abugado, bibigyan ka ng hukuman ng isa nang walang 
bayad. 
Maari mo lamang talikdan ahg mga karapatang it0 sa 
pamamagitan ng isang kasulatan na isinagawa mo sa tulong at sa 
harap ng iyong piniling abogado. 
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The above rights shall be read by the arresting officer to the person 
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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 prominently displayed 
on the wall of the room where the custodial investigation is conducted so the 
detained person can easily read them. 
SEC. 3. If the person arrested has manifested hidher desire to avail of 
the services of a lawyer but cannot afford one, the arresting officer shall 
immediately comply with the provisions of Article VI1 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 hidher lawyer, either retained 
or appointed, and has waived the right to remain silent or to counsel in writing 
and in the presence of such co.unsel. 
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SEC. 4. 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 reasonable 
necessary for hidher detention. 
SEC. 5. The person arrested shall, without any delay, be delivered to the 
nearest police station or 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 which shall immediately appoint a counsel for the accused. 
If requested by the person arrested or hidher relative or next-of-kin, the arresting 
officer shall allow one (1) relative, next-of-kin or friend to accompany him/her to 
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hidher detention place, In any event, the arresting officer shall enable the 
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or other expedient means. 
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person arrested to communicate with his/her relatives or next-of-kin by telephone 
The police station or jail having jurisdiction over the place of arrest shall 
maintain an accurate system of records-keeping on persons arrested and their 
case status which shall be open to the public. 
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At the minimum, all places where persons are kept in custody shall keep 
accurate records of the following: 
a) the identity of all persons arrested; 
b) the reasons for the arrest and authority therefor; 
c) 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; 
d) the identity of the law enforcement officials concerned; 
e) the state of physical and psychological health of the person arrested; 
and 
9 the day and hour of felease. 
SEC. 6. It shall be unlawful for any person to deliver the person arrested 
or to keep him/her in custody in any place of places other than that designated 
by law. Female suspects shall at all times be attended to by female guards all 
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throughout the judicial process the suspect will undergo. 
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 or 
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or render him/her incommunicado. 
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the prisoner, or to keep him/her in secret detention places, solitary confinement 
SEC. 7. Any confession, admission or statement obtained from a person 
in violation of the preceding sections of this Article shall be inadmissible as 
evidence against him/her in any proceedings. In addition to hidher responsibility 
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under existing laws, the offender shall likewise be liable for the damages.and . 
criminal liabilities prescribed in this Act. 
SEC. 8. Preliminary investigation shall be conducted in accordance with 
Rule I12 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. 
9. 
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. I O .  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. 
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ARTICLE IV 
RIGHTS DURING CUSTODIAL INVESTIGATION 
SECTION 1. 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 on a particular suspect who had been 
taken into custody by law enforcement officers who carry out a process of 
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interrogation that lends itself to eliciting 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 hidher 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 he/she is requested to have committed. 
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SEC. 2. 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. 3. Any person under custodial investigation as defined in Section I 
hereof shall have the right to remain silent and to refuse to answer any question 
propounded to him/her. In addition, he/she shall have the right to consult and 
confer with a lawyer preferably of hidher own choice. In the event that said 
person cannot afford to hire a counsel, one shall be appointed to assist him/her 
pursuant to the procedure prescribed in 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 he/she has, in the meantime, 
executed a written waiver of hidher right to remain silent and to counsel under 
this Article. 
SEC. 4. Notwithstanding any incriminating evidence against him/her, 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 
himlher, any inference of guilt arise as a result thereof. 
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SEC. 5. Failure on the part of the prosecution to demonstrate during trial 
that the accused was informed and afforded the rights mentioned in Section 3 of 
this Article and was actualfy not afforded such rights, shall render any 
information or evidence obtained as a result of the investigation inadmissible as 
evidence against him/her in any proceedings. 
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SEC. 6. The rights provided is 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 of duly appointed to assist him/her 
shall diligently discharge hidher duties and explain the full import of the rights 
and the effect of any waiver thereof. 
SEC. 7. Any statement procured after a waiver under the immediately 
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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. 8. Any waiver made by any person under custodial interrogation 
pursuant to Section 6 hereof may be withdrawn at any stage of the investigation 
and he/she 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 
RIGHTS DURING INQUEST PROCEEDINGS 
SECTION 1, Inquest proceedings shall refer to an informal and summary 
investigation conducted by a public prosecutor in criminal cases involving 
persons arrested and detained without the benefit of a warrant of arrest issued 
by the court for the purpose of determining whether or not said persons should 
remain under custody and correspondingly be charge in court. 
Inquest proceedings shall only proceed when the arrested or detained 
person doe not opt for a preliminary investigation or otherwise refuses to execute I 
the required waiver. Any person under inquest as defined in Section 1 hereof 
shall have the right to remain silent and to refuse to answer any question 
propounded to him/her. In addition, he/she shall have the right to consult and 
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confer with a lawyer preferably of hidher own choice. In the event that said 
person cannot afford to hire a counsel, one shall be appointed to assist him/her 
pursuant to the procedure prescribed in Article VI1 hereof. 
SEC. 2. The City of Provincial prosecutor shall designate the prosecutors 
assigned to inquest duties and shall furnish the Philippine National Police (PNP) 
a list of their names and their schedule of assignments. If, however, there is only 
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one prosecutor in the area, all inquest cases shall be referred to him/her for 
appropriate action. 
Unless otherwise directed by the City or Provincial Prosecutor, fhose 
assigned to inquest duties shall discharge their functions during the hours of 
their designated assignments and only at the police stations/headquarters of the 
PNP in order to expedite and facilitate the disposition of inquest cases. 
SEC. 3. The inquest proceedings shall be considered commenced upon 
receipt by the Inquest Officer from the law enforcement authorities of the 
complaintlreferral documents which shall include: 
a) the affidavit of arrest; 
b) the investigation report; 
c) the statement of the complaint and witnesses; and 
d) the supporting evidence gathered by the police according to law in the 
course of the latter’s investigation of the criminal incident involving the 
arrested or detained person. 
The Inquest Officer shall, as far as practicable, cause the affidavit of 
arrest and statementslaffidavits of the complaint and witnesses to be subscribed 
and sworn to before him/her by the arresting officer and affiants. 
The inquest proceedings shall be terminated within the period prescribed 
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under the provisions of Article 925 of the Revised Penal Code, as amended. 
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SEC. 4. 
In addition to the preceding list of documents, the Inquest 
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Officer shall require the submission/presentation of the documents listed in the 
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Department of Justice (DOJ) Circular No. 61 dated September 21, 1993 (New 
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Rule on Inquest) in specific cases. The submission of said documents in specific 
cases shall not absolutely be required if there are other forms of evidence 
submitted which will sufficiently establish the facts sought to be proved by the 
foregoing documents. 
SEC. 5. When the documents presented are not complete to establish 
probable cause, the Inquest Officer shall direct the law enforcement agency to 
submit the required evidence within the period prescribed under the provisions of 
Article 125 of the Revised Penal Code, as amended; otherwise, the Inquest 
Officer shall order the release of the detained person and, where the inquest in 
conducted outside of office hours, direct the law enforcement agency concerned 
to file the case with the City or'Provincial Prosecutor for appropriate action. 
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SEC. 6. The presence of the detained person shall be ensured during 
inquest proceedings. However, the production of the detained person before the 
Inquest Officer shall be dispensed with in the following cases: 
a) if he/she is confined in a hospital; 
b) if he/she is detained in a place under maximum security; 
c) if the production of the detained person will involve security risks; or 
d) if the presence of the detained person is not feasible by reason or age, 
health and other similar factors. 
The absence of the detained person by reason of any of the foregoing 
factors shall be noted by the inquest officer and reflected in the record of the 
case. 
SEC. 7. All charges and countercharges arising from the same incident 
shall, as far as practicable, be consolidated and inquested jointly to avoid 
contradictory or inconsistent dispositions. 
SEC. 8. The Inquest Officer shall determine if the arrest of the detained 
person was made in accordance with the provisions of paragraphs (a) and (b) of 
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section 5, Rule 1 13 of the 1985 Rules on Criminal Procedure, as amended. For 
this purpose, the Inquest Officer shall summarily examine the arresting officers 
on the circumstances surrounding the arrest of apprehension of the detained 
person. 
SEC. 9. Should the Inquest Officer find that the arrest was not made in 
accordance with the rules, he/she shall: 
a) recommend the release of the person arrested or detained; 
b) note down the disposition on the referral document; 
c) prepare a brief memorandum indicating the reasons for the action 
taken; and 
d) forward the same, together with the record of the case, to the City or 
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Provincial Prosecutor for appropriate action. 
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Where the recommendation for the release of the detained person is 
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approved by the City of Provincial Prosecutor but the evidence on hand warrant 
the conduct of a regular preliminary investigation, the order of release shall be 
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served on the officer having custody of said detainee and shall direct the said 
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officer to serve upon the detainee the subpoena or notice of preliminary 
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investigation, together with the copies of the charge sheet or complaint, affidavits 
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evidence. 
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SEC. 
I O .  Should the Inquest Officer find that the arrest was properly 
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effected, the detained person shall be asked if he/she desires to avail 
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himself/herself of a preliminary investigation and, if he/she does, he/she shall be 
or sworn statements of the complaint and hidher witnesses and other supporting 
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made to execute a waiver of the provisions of Article 125 of the Revised Penal 
Code, as amended, with the assistance of hidher lawyer and, in case of non- 
availability, a responsible person of hislher choice. 
The preliminary investigation shall be conducted by the Inquest Officer 
himself/herself or by any other assistant prosecutor to whom the case may be 
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SEC. 11. The Inquest Officer shall proceed with the proceedings by 
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examining the sworn statements/affidavits of the complaint and the witnesses 
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and other supporting evidence submitted to him/her. He/She shall require the 
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presence of the complaint and witnesses and subject them to an informal and 
terminated within fifteen (15) days from its inception. 
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summary investigation or examination for purposes of determining the existence 
of probable cause. 
SEC. 12. If the Inquest Officer finds that a probable cause exists, he/she 
shall forthwith prepare the corresponding complaint/information, the contents of 
which are stipulated in the DOJ Circular No. 61 dated September 21 , 1993 (New 
Rules on Inquest), with the recommendation that the same be filed in court. The 
complaint/information shall indicate the offense committed and the amount of bail 
recommended, if bailable. 
Thereafter, the record of the case, together with the prepared 
complaint/information, shall be forwarded to the City or Provincial Prosecutor for 
appropriate action. 
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The complainthformation shall be filed by the 
Inquest Officer 
himself/herself or by any other assistant prosecutor to whom the case may be 
assigned by the City or Provincial Prosecutor. 
SEC. 13. If the Inquest Officer finds no probable cause, helshe shall: 
a) recommend the release of the arrested or detained person; 
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b) note down hidher disposition on the referral document; 
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c) prepare a brief memorandum indicating the reasons for the action 
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taken; and 
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appropriate action. 
d) forthwith forward the record of the case to the city or provincial for 
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If the recommendation of the Inquest Officer for the, release of the 
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arrested or detained person is approved, the order of release shall be served on 
the officer having custody of the said detainee. 
If the same is disapproved by the City or Provincial Prosecutor, the 
arrested or detained person shall remain under custody, and the corresponding 
complaint/information shall be filed by the City or Provincial Prosecutor or by any 
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assistant prosecutor to whom the case may be assigned. 
ARTICLE VI 
EFFECTIVE RIGHTS TO BAIL AND RELEASE OF RECOGNIZANCE 
SECTION 1. All persons under detention, except those charged with 
offenses punishable by reclusion perpefua 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 hidher own recognizance or that of a 
responsible person as provided in this Article. 
SEC. 
2. 
The right to bail shall be available notwithstanding the 
suspension of the privilege of the writ of habeas corpus. 
SEC. 3. 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 trial 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 be right within thirty (30) days from the filing of the information. At this 
hearing, the prosecution shall present the evidence which constituted the main 
case to qualify it as being “strong” and warranting denial of the right to bail. 
Failure of the prosecution to terminated 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 
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I defense asks for an opportunity to present rebuttal evidence. For non-bailable 
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offenses, the presiding judge of the court where the case is pending shall sit as 
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speedy trial. 
bail hearing judge to facilitate the reception of evidence and for purposes of 
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SEC. 4. Excessive amount of bail which has the effect of rendering 
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nugatory the very right itself shall be prohibited. 
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In fixing the amount of bail, the court shall be guided by Section I O ,  Rule 
114 of the Revised Rules of Court with due consideration on the financial 
capability of the accused to post bail or the propriety of hidher release on 
recognizance. 
Upon filing of an information, the court shall, motu proprio or upon motion 
of the accused, judiciously review and decide on the amount of bail 
recommended by the government prosecution agency and may modify or alter 
the same. 
SEC. 5. A person in custody shall, at the discretion of the court, be 
released on reduced amount of bail or on hidher own recognizance or that of a 
responsible person when: 
a) He/She has been in custody for such period equivalent of 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. 
41 03 (Indeterminate Sentence Law) or any aggravating and mitigating 
circumstances; and 
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b) He/She is charged with a crime for which the law prescribes a 
minimum 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. 
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SEC. 6. Release on recognizance shall have the same effect and shall 
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be subject to all conditions, rights, responsibilities and duties as if the accused 
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has been released on bail. 
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The person to whom the body of the accused was released on 
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recognizance shall exercise the rights and assume the duties and responsibilities 
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of a surety under the Rules of Court. 
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SEC. 7. Notwithstanding the provisions of the foregoing sections of this ' 
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Article, any person in custody against whom no information has yet been filed in 
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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 he/she 
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is detained. 
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SEC. 8. The filing of bail or a petition or motion to be released on 
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recognizance shall not result in the waiver by the accused of hidher right to 
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question ,any irregularity attending hidher arrest nor of hidher right to avail of 
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any and all remedies under existing laws or rules of procedure. 
SEC. 9. In the event that bail is denies or granted and the defense or 
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prosecution wishes to challenge the trial court's decision before the appellate 
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courts, a temporary restraining order preventing the release of the accused shall 
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not have more than the usual twenty (20) day period of affectivity. For this 
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purpose, the appellate court shall give priority to these cases as in habeas 
corpus. 
ARTICLE VI1 
RIGHT TO ADEQUATE AND COMPETENT LEGAL ASSISTANCE 
SECTION 1. Every person arrested, charged or under investigation for 
the commission of an offense.shall have the right to a competent counsel in all 
I 
stages of the proceedings against himlher, commending from his/her arrest up to 
his final conviction or acquittal. 
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This right cannot be waived except in writing and in the presence of 
counsel. 
SEC. 2. The accused or the person arrested or under investigation shall 
have the right to engage the services of a lawyer of hidher own choice and shall 
be afforded reasonable opportunity to engage one. However, if he/she 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 
oficio to assist and represent him/her in accordance with this article. In no case 
shall counsel be any of those.directly 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. 3. 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 hidher choice. If he/she 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 oficio, under pain of disciplinary 
action as. determined by the Supreme Court, in case of unjustified refusal to 
accept the appointment. 
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SEC. 4. Upon the filing of an information but before arraignment, the 
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court shall inquire whether or not the accused had been duly assisted and 
represented by a counsel during hidher 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 he 
cannot afford one, the Public Attorney assigned in its sala shall be designated as 
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counsel de oficio. 
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In the absence of the latter, or at the discretion of the court depending on 
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the case load of the Public Attorney, the complexity of the legal issues involved, 
the expertise required or the 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 ' 
i 
accused. Every law firms with at least five (5) lawyers, shall be required to 
handle one (I) de oficio case every year. Every law firm with at least ten (IO) 
lawyers, shall be required to handle two (2) de oficio 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 oficio has already been 
I 9  
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appointed, the judge shall designate a new counsel to represent the accused if 
he/she finds that the original lawyer has not been diligent in handling the defense 
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of the accuse, without prejudice to any possible responsibility of the erring lawyer 
under this Act, hidher oath as a member of the Philippines Bar, the Code of 
Professional Ethics and the existing laws. 
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The accused shall have the right to file a motion for new trial if he/she 
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believes that hidher conviction by a regular court resulted from a lack of due 
diligence of the appointed counsel de oficio. 
SEC. 5. The court shall at all times ensure that the appointed counsel de 
oficio diligently and adequately representing the accused and may issue such 
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I orders as may be necessary for the implementation of this and the preceding 
2 
section. 
3 
SEC. 6. The palpable lack of diligence on the part of a duly appointed 
4 counsel de oficio in handling the defense of the accused shall be aground for 
5 
new trial under the Revised Rules of Court, without prejudice to the responsibility 
6 
of the appointed counsel for disciplinary sanctions. 
7 
ARTICLE VI11 
8 
RIGHTS DURING DETENTION 
9 
SECTION 1. All persons under detention, with females separate from the 
I O  
males and adults from minors, whether by virtue of a final judgment or of an 
11 
arrest, whether lawful or unlawful, or during or while awaiting trial, shall be 
12 
treated humanely and shall not be subjected to any form of physical or 
13 
psychological harassment, violence, intimidation or threat thereof. He/She shall 
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15 
not be kept in a place other than the ones legally established for the purpose. .
.
 I 
Any violation of the foregoing paragraph shall be punished under Article 
16 
Xlll of this Act in addition to whatever liabilities the offender may have under 
17 
existing laws. 
18 
SEC. 
2. 
In addition to what has been provided in the immediately 
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b) The right, subject to reasonable regulations, to visitations by and 
28 
conferences and get-together with his/her immediate family. 
For 
preceding section, a detainee shall have the following rights: 
a) 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 custodyldetention area shall have a special 
room, free of nay monitoring 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. 
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purposes of this Act, “immediate family” includes a person’s spouse, 
parent, child, or other ascendants and descendants and relatives by 
affinity or consanguinity, fiancee or fiance. 
c) The right to be visited by, confer privately and coordinate with and air 
grievances to representatives of the Commission on Human Rights or 
any non-governmental organization duly accredited by the latter or by 
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any international non-governmental organization duly accredited by 
the Office of President, Department of social Welfare 
and 
DevelQopment and other appropriate government agencies. 
d) 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 his 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. 
e) The right to seek spiritual guidance which includes the opportunity to 
be visited and counseled by or communicate privately with a priest, 
clergy, minister, reverent, imam 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. 
9 The right to pursue his education, both academic and vocational, while 
under detention. 
The Department of Education and the states 
colleges and universities shall, in coordination with the Bureau of 
Prisons, formulate and carry out programs, training courses and 
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curricula to implement and carry into effect the provisions of ’. this 
. 
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parag rap h. 
g) The right to sports and development and recreational facilities and 
programs while under detention. 
SEC. 3. 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. 4. The Bureau of Prison shall 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. 5. The Bureau shall protect the person, honor and privacy to 
female prisoners and they shall be provided with quarters and bathrooms 
separate from the male prisoners. Minor prisoners shall likewise be provided 
with separate quarters and the necessary facilities. Custodians and wardens of 
female prisoners shall be females. 
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SEC. 6. 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 incidence 
of rape and/or death of any prisoner or person under administrative detention or 
I 
custodial investigation. 
ARTICLE IX 
RIGHTS AT THE ARRAIGNMENT AND TRIAL 
SECTION I. In all criminal prosecutions, the accused shall be presumed 
innocent of the offense charged until hidher guilt is proved beyond reasonable 
doubt by admissible, competent and credible evidence consistent with due 
process of law. 
No person shall be convicted unless hidher responsibility for the offense 
or offenses for which he/she is indicted is established in accordance with the 
degree of proof prescribed in this section. 
SEC. 2. 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 hidher final conviction or acquittal, as the case may 
18 
be. 
19 
The accused may nevertheless waive hidher presence at the trial. The 
20 
effects of such waiver shall be governed by Section 1 (c), Rule 115 of the 
21 
Revised Rules of Court. 
However, unless the accused himself/herself is a 
22 
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lawyer and desires to handle hidher own defense, the right to be heard by 
counsel shall not be waived. 
.
.
 . 
24 
SEC. 3. 
Upon motion of the accused, the court shall, without delay, 
25 
cause the issuance of such subpoena ad testificandum and duces tecum to 
26 
secure, under penalty of contempt, the attendance of witnesses and the 
27 
production of documents and papers material to the defense of the accused. 
28 
The court may, at its discretion, require the defense witnesses to post bail to 
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secure their attendance at the trial, or if they refuse to do so, in order not to 
2 
frustrate the ends of justice, order their arrest and detention for as long as their 
3 
testimonies are required. 
4 
SEC. 4. At the hearing set for the arraignment of the accused, the court 
5 
shall ensure that the accused is duly represented by counsel in accordance with 
6 
7 
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 ' 
8 
witnesses and exhibits. In addition, the information shall be read to the accused 
9 
in the presence of hidher counsel in the language or dialect known to the 
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accused, the court taking extra efforts to ensure that the latter fully understands 
the accusations against him/her before entering his/her plea. The prosecution 
may, however, be allowed to present additional witnesses and evidence not 
13 
listed in the information provided that the accused shall be afforded reasonable 
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advance of the trial. 
16 
SEC. 5. Before entering hidher plea, the accused may move to quash 
17 
the information on grounds allowed by law and the court shall resolve said 
18 
motion with deliberate dispatch. 
time to study the additional evidence and prepare for cross-examination in 
19 
SEC. 6. In addition to other grounds under existing law and procedure, 
20 
the court shall suspend the arraignment in any of these cases: 
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a) If a motion to quash or motion for reinvestigation has been filed; and 
b) 'If the possibility of the accused being placed in double jeopardy 
23 
appears to be well-founded. 
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SEC. 7. 
The conduct of arraignment and entering of plea shall be 
25 
governed by Rule 116 of the Revised Rules of Court unless otherwise provided 
26 
in this Article. 
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SEC. 8. In every criminal proceeding, the accused may altogether refuse 
to take the witness stand. He/She may, however, present himself/herself as 
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witness for hidher defense in which case he/she may be cross-examined by the 
2 
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The refusal of the accused to take the witness stand or to answer 
prosecution but only on matters taken up during hidher direct examination. 
4 
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incriminating questions propounded to him/her shall not in any manner prejudice 
his/her defense nor shall any inference be presumed by reason thereof. 
The right against self-incrimination may be invoked by the accused 
7 
personally or through counsel in the course of the examination. 
8 
SEC. 9. The accused shall have the right to meet face to face, confront 
9 
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and cross-examine the witnesses against him/her in accordance with Section 6, 
Rule 132 of the Revised Rules of Court. Without prejudice to the policy of 
.. 
, 
, 
11 
expeditious disposition of cases, the court shall afford the accused sufficient 
12 
opportunity to rebut the testimonies of witnesses against him/her through cross- 
13 
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SEC. I O .  In addition to the grounds enumerated in Section 13, Rule I19 
15 
of the Revised Rules of Court, the court may, motu proprio or upon motion, 
16 
exclude the public and the members of the press from the courtroom in the 
17 
exercise of its duty under Section 10 of this Article. 
18 
SEC. 11. At any stage of the prosecution and trial of a complaint for 
examination and other means allowed under the rules of procedure. 
19 
rape, the 'police officer, the prosecutor, the court and its officers, as well as the 
20 
parties to the complaint shall recognize the right to privacy of the offended party 
21 
and the accused. Towards this end, the police officer, prosecutor, or the court to 
22 
whom the complaint has been referred may, whenever necessary to ensure fair 
23 
and impartial proceedings, and after considering all circumstances for the best 
24 
interest of the parties, order a closed-door investigation, prosecution or trial and 
25 
that the name and personal circumstances of the offended party and/or the 
26 
accused, or any other information tending to establish their identities, and such 
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circumstances or information on the complaint shall not be disclosed to the 
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public. 
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SEC. 12. The conviction or acquittal oi an accused shall depend, not on 
2 
hidher appearance, personality, reputation, previous criminal record and 
3 
courtroom demeanor or on other external factors, but on the merits of the 
4 
prosecution and defense evidence. 
5 
To this end, the jail warden or the officer holding the accused in custody, 
6 
shall ensure, in coordination with the relatives and next-of-kin of the prisoner, 
7 
that the latter is respectably dressed and groomed when attending court 
8 
hearings.. Unless there is a strong possibility of the accused attempting to 
9 
escape, the accused shall not be presented before the court in prisoner’s 
10 
uniform or in handcuffs of similar devices designed to restrain freedom of action. 
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SEC. 
13, In all court hearings, the accused shall be entitled to be 
14 
accompanied by hidher relatives and friends and seating spaces inside the 
The practice of shaving the head of detention prisoners and the inscription of 
tattoo marks on their bodies shall be prohibited. 
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SEC. 
14. 
Every accused shall have the right to appeal all cases 
17 
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ARTICLE X 
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OF CASES 
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SECTION 1. 
All persons charged, facing trial, under investigation, 
courtroom shall be reserved them. 
authorized by law and the applicable rules of procedure. 
RIGHTS TO EXPEDITIOUS, PUBLIC AND IMPARTIAL DISPOSITION 
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prolonged proceedings. 
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 
25 
SEC. 2. Trial of criminal cases, once commenced, shall continue from 
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day to day until terminated. This is without prejudice, however, to the right of the 
accused to prepare for trial in case a new witness or exhibit not listed in the 
information is allowed to be presented. 
24 


1 
All trial courts shall devote at least fifteen (15) hours every working week 
2 
for hearing criminal cases pending before them. 
3 
The prosecution shall diligently prepare its case and its failure to present 
4 
or to continue in the presentation of its evidence for three (3) consecutive 
5 
hearing dates shall be a ground for dismissal. The same rule shall apply in case 
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of postponements made at the instance of the prosecution totaling eight (8) 
hearing dates, although not consecutive. Such dismissals shall be equivalent to 
\ 
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ARTICLE XI 
an acquittal for purposes of the application of double jeopardy. 
10 
PROHIBITION AGAINST UNNECESSARY PUBLICITY 
11 
SECTION 1. Without prejudice to the principle of free press and the 
12 
public’s right to information, public prosecutors and administrative investigation 
13 
agents shall ensure that their investigations and inquiries are not conducted with 
14 
unnecessary publicity. 
15 
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. 
No person arrested or under investigation for the commission of a crime 
16 
or under detention by virtue of a final judgment or of an arrest, whether lawful or 
17 
unlawful, or during or while awaiting trial shall be put on public display in 
18 
handcuffs, marked apparel with unnecessary inscriptions, nametags and/or other 
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tags, or in any manner causing or tending to subject him/her to degradation, 
20 
dishonor, discredit, ridicule or contempt, nor shall such person be presented to 
21 
the press in such manner at the instance of the government. 
22 
Any person under custody or facing trial shall not be subjected to media 
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discredit and contempt. 
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SEC. 2. The court shall protect the accused from unnecessary publicity 
exposure which may tend to result in a trial by publicity or subject him/her to 
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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 
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I other person from making out-of-court statements bearing on the issues of the 
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case, 
SEC. 3. 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 XI1 
RIGHT TO SUFFRAGE 
SECTION I. 
Any person under custodial investigation or under detention 
while awaiting trial or final judgment or resolution of hidher case who is of voting 
age shall have the right to suffrage. 
SEC. 2. 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 matter which the 
COMELEC may require them to perform. 
.
.
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SEC. 3. The COMELEC shall promulgate the provisions of the preceding 
sections. 
ARTICLE Xlll 
PENAL AND CIVIL SANCTIONS 
SECTION I. 
Any public or peace officer who violates Sections 4 and 6 of 
Article I l l  and Section 1 of Article VI1 of this Act by actually employing force or 
violence, whether physical or psychological, upon the person or honor of the 
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person arrested or detained shall suffer the following penalties, aside from 
dismissal from office, perpetual disqualification to hold any public position and 
forfeiture of all benefits, without prejudice to whatever liabilities: 
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a) First Offense, - An imprisonment of two (2) years and one (1) day 
.
.
 
to . 
four (4) years and a fine of ten thousand pesos (P10,OOO.OO). 
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5 
b) Second Offense. - An imprisonment of two (2) years and one (I) day 
to six (6) years and a fine of fifty thousand pesos (P50,OOO.OO). 
c) Third Offense. - An imprisonment of six (6) years and one (1) day to 
6 
ten (IO) years and a fine of one hundred thousand pesos 
\ 
7 
(PI 00,000.00). 
8 
SEC. 2. Any public or peace officer or employee or anyone acting upon 
9 
the orders of such officer or employee or in his place, who directly indirectly 
10 
violates Section I 
of Article XI of this Act shall suffer the penalty of imprisonment 
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12 
13 
SEC. 3. Any other violation of the mandatory provisions of this Act shall 
of not less than five (5) years but not more than eight (8) years or a fine of fifty 
thousand pesos (P50,OOO.OO) or both. 
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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 
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imprisonment and fine. 
SEC. 4. 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 XIV 
FINAL PROVISIONS 
SECTION 1. The Department of Justice, the Bureau of Jail Management 
24 
and Penology, the Commission on Human Rights, the Department of Health, the 
25 
Department of Education, a representative each from the Committees on Human 
26 
Rights of both chamber of Congress and other related agencies of the 
27 
government shall promulgate such rules and regulations to effectively implement 
28 
the provisions of this Act. 
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SEC. 2. 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 with this Act. 
SEC. 
3. 
In the event that any provision of this Act declared 
unconstitutional, all other provisions or portions hereof not affected by such 
\ 
declaration shall remain valid and effective. 
SEC. 4. This Act shall take effect fifteen (15) days after is publication in 
the Official Gazette or in a newspaper of general circulation. 
Approved , 
28