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CONSTITUTIONAL RIGHTS OF THE ACCUSED

Constitutional Rights of the Accused


Section 11- 22
1. The right to adequate legal assistance. (section 11)
2. The right, when under investigation for the commission of an offense, to be
informed of his right to remain silent and to have a counsel.
3. The right against the use of torture, force, violence, threat, intimidation or any
other means which vitiates the free will. (Section 12)
4. The right against being held in secret, incommunicado, or similar forms of
solitary detention.
5. The right to bail and against excessive bail. (Section 13)
Who may not invoke the right to bail?
a) When the applicant is not yet in custody of law
b) It is not available to one charged with capital offense or an offense punishable
by reclusion perpetua.
c) No bail shall be allowed after the judgment has become final, or after the
accused has commenced to serve sentence.
6. The right to due process of law. (section 14)
7. Right to presumption of innocence.
8. The right to be heard by himself and counsel.
What is the importance of trial?
Can there be a trial with the absence of the accused?
Yes, provided that the accused;
a) Has been arraigned;
b) Has been duly notified of the trial;
c) Failure to appear is unjustifiable
9. The right to be informed of the nature and cause of the accusation against him.
10. The right to have a speedy, impartial and public trial.

RIGHTS OF SOCIAL JUSTICE


1) The issues of social justice are important, but equally so are the human rights
issues relating to freedom of choice and control over ones body.
2) The particular focus will be on the relationship between human right norms and
the norms of social justice in the context of interpretation of human rights in the
courts.
3) Everybody should know their rights to protect themselves.
4) Everyone has the right to bodily and psychological integrity which includes the
human rights
1. Human Rights
- a right that is believed to belong justifiably to every person.
2. Social Justiceused to refer a set of institutions which will enable people to lead a fulfilling life.
3. Supreme Court4. the highest court within theheirarchy of many legal jurisdictions.
Democratic Rights
- basically freedom to evrything but follow the rules and regulation of the land.
5. Congress

- a formal meeting or series of meetings for discussion between delegates,


especially those from a political party or labor union or from within a particular
discipline.
Human Rights are generally defined as those rights, which are inherent in
our nature and without which; we cannot live as human beings. The Basic
Characteristics of Human Rights are generally characterized as inherent,
fundamental,
inalienable,
imprecriptible,
indivisible,
universal
and
interdependent. Human Rights are inherent because they are not granted by any
person or authority. Some examples of human rights as fundamental are the right
to individual liberty and security of a person of freedom of thought or religion.
Human Rights are inalienable because they cannot be rightfully taken away from
a free individual.
The pros of Social Justice by those advocating it include the attempt to
immediately address results, such as creating welfare programs or redistributing
wealth or creating affirmative action programs designed to level the playing field
if it is felt that some groups are dominating too much power or wealth at the
expense of others.
6. Political Rights
- rights that involve participation in the establishment or administration of a
government.
7. Equality
- the quality or state of being equal; state of having the same rights.
8.UN Human Rights Watch
- monitors human rights abuses in various countries.
9. Socrates
- Victim of human rights violation.
10. Philippine Constitution
- constitution or the supreme law of the Republic of the Philippines.