This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.
This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.
Original Description:
Evidence; Exclusionary rules under the 1987 Constitution.
This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.
This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.
EXCLUSIONARY RULES UNDER THE 1987 compensation to and rehabilitation of victims of
CONSTITUTION torture or similar practices, and their families.
Sections 2 and 3, Article III Section 17, Article III
SECTION 2. The right of the people to be secure SECTION 17. No person shall be compelled to be in their persons, houses, papers, and effects a witness against himself. against unreasonable searches and seizures of whatever nature and for any purpose shall be Rule 130, Sections 28 & 30 inviolable, and no search warrant or warrant of SECTION 28. Admission by third party. The arrest shall issue except upon probable cause to rights of a party cannot be prejudiced by an act, be determined personally by the judge after declaration, or omission of another, except as examination under oath or af6rmation of the hereinafter provided. (25a) complainant and the witnesses he may produce, and particularly describing the place to be SECTION 30. Admission by conspirator. The searched and the persons or things to be seized. act or declaration of a conspirator relating to the conspiracy and during its existence, may be given SECTION 3. (1) The privacy of communication in evidence against the co-conspirator after the and correspondence shall be inviolable except conspiracy is shown by evidence other than such upon lawful order of the court, or when public act or declaration. (27) safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for any purpose in any proceeding.
Section 12, Article III
SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well as