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Iris Narrido

Political Science 4B - TTH 5:44 PM - 7:25 PM D405


September 20, 2018
Rights of the Accused

The rights of the accused include 18 rights; namely: (1) The right to adequate legal
assistance, (2) The right, when under investigation for the commission of an offense, to be
informed of his right to remain silent and to have counsel, (3) The right against the use of
torture, force, violence, threat, intimidation, or any other means which vitiates the free will, (4)
The right against being held in secret, incommunicado, or similar forms of solitary detention,
(5) The right to bail and against excessive bail, (6) The right to due process of law, (7) The
right to presumption of innocence, (8) The right to be heard by himself and counsel, (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, (11) The right to meet the witnesses face to face,
(12) The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf, (13) The right against self-incrimination, (14) The right
against detention by reason of political beliefs and aspirations, (15) The right against
excessive fines, (16) The right against cruel, degrading, or inhuman punishment, (17) The
right against infliction of the death penalty except for heinous crimes and, (18) The right
against double jeopardy. These rights are protected under Article III of the 1987 Philippine
Constitution, also known as the Bill of Rights.
The right to adequate legal assistance summarizes the constitutional duty of the State to
provide free legal assistance to its citizens who do not have the financial means to afford the
same. Litigants who can afford legal assistance are not restricted to do so. This right ensures
that the accused will be able to defend himself during trial. The right to remain silent and to
have counsel protects the accused, so that anything he may say or write without the aid of
legal counsel cannot be used against him. The right against the use of torture, violence,
threat, intimidation, and other means protects the accused against the abuse of his basic
rights to life and liberty. The same applies to the right right against being held in secret,
incommunicado, or similar forms of solitary detention. The right to bail is required to protect
the accused from imprisonment until he is convicted. This right also protects the appearance
of the accused during trial since he is presumed innocent unless proven otherwise.
The right to due process of law and the right to presumption of innocence protect the
accused against conviction and punishment without being tried. The right to be heard by
himself and counsel protects the right of the accused to represent himself during trial and to
personally enter his plea so as to avoid false conviction. The rights to have a speedy,
impartial, and public trial protects the right of the accused to be subject to due process of law.
The right to meet the witnesses face to face provides the accused an opportunity to
cross-examine and test the credibility of the witnesses presented. The right to have
compulsory process to secure the attendance of witnesses and the production of evidence
allows the accused to ensure a fair and impartial trial in his behalf. The right against
self-incrimination prevents the accused to become a witness against himself. The right
against detention by reason of political beliefs and aspirations protects the right to freedom of
religion and freedom of speech. The right against excessive fines goes together with the right
against infliction of death penalty except for heinous crimes, the right against inhuman
punishment, the right against double jeopardy. These rights ensure that the convicted
accused is duly punished according to his crimes so as to avoid the violation of his basic
human rights and the false imposition of death penalty.
All of these rights are in line with the due process clause and are essential because they
protect the dignity of the accused against false accusations and false imposition of
punishment and fines. In reality, it is very easy to accuse anyone of anything. Thus, the
burden is on the prosecution to prove the accused guilty beyond reasonable doubt because
the only role of the accused is to defend himself. If the prosecution fails to prove that he is
guilty of the crime/s, the accused will be acquitted and free from punishment.

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