Philippine Constitution: Bill of Rights & RA 7438 (CLE-CLJ-0

Article III, Section 2 of the 1987 Philippine Constitution.

Article III, Section 3 of the 1987 Constitution, subject to its lawful exceptions.

Article III, Section 12 of the 1987 Constitution.

The right to remain silent and the right to competent and independent counsel, preferably of the person's choice.

No. A valid waiver must be in writing and signed in the presence of counsel.

It is inadmissible in evidence against the person concerned.

To define and protect the rights of persons arrested, detained, or under custodial investigation and impose duties on investigating officers.

The person must be assisted by competent and independent counsel during custodial investigation.

Provide competent and independent counsel in accordance with the Constitution and RA 7438.

No. Subsequent appearance does not automatically cure an earlier constitutional violation.

The suspect cannot be compelled to provide testimonial self-incriminating answers during custodial questioning.

No. It primarily protects against compelled testimonial self-incrimination, subject to other constitutional safeguards.

Questioning initiated by law enforcement after a person is taken into custody or otherwise significantly deprived of freedom in connection with a suspected offense.

Yes. They may apply when questioning has become custodial in substance.

Questioning must respect the suspect's right to counsel and the applicable constitutional safeguards.

An acknowledgment of guilt made outside judicial proceedings.

An acknowledgment of guilt made in a judicial proceeding under the applicable procedural rules.

No. Rule 133 requires independent evidence of the corpus delicti.

A principle excluding evidence derived from an unconstitutional act unless a recognized exception applies.

Evidence may be admissible when obtained through a genuinely independent lawful source rather than the constitutional violation.

A recognized exception under which evidence may be admitted when it would inevitably have been discovered through lawful means.

A principle permitting evidence when the connection between the illegality and its discovery has become sufficiently remote or interrupted.

A warrantless search based on voluntary and valid consent by a person authorized to give it.

No. Voluntary consent must be established from the circumstances.

A limited protective pat-down based on specific and articulable facts supporting a reasonable belief that a person is armed and dangerous.

No. Its scope is limited by the protective justification and constitutional requirements.

A recognized exception allowing a vehicle search under applicable probable-cause and mobility requirements.

No. More intrusive searches require an independent lawful basis.

A limited routine visual inspection may be permitted, subject to constitutional safeguards.

To inquire into the legality of a person's detention or restraint and provide relief when it is unlawful.

No. It principally addresses the legality of detention or restraint.

A judicial remedy protecting rights to life, liberty, and security against unlawful acts or omissions involving extralegal killings, enforced disappearances, or threats thereof.

A judicial remedy protecting privacy in relation to life, liberty, or security against unlawful gathering, collecting, or storing of personal information under the governing rule.

Habeas corpus focuses on unlawful detention; amparo addresses specified threats or violations of life, liberty, and security.

Amparo addresses specified threats or violations; habeas data addresses unlawful personal-data activities affecting protected rights.

A deprivation of liberty involving state agents or persons acting with state authorization, support, or acquiescence, followed by concealment or refusal to acknowledge the deprivation, under applicable law.

Republic Act No. 10353.

To define and penalize enforced or involuntary disappearance and provide preventive and protective safeguards.

The right to resolution of cases before judicial, quasi-judicial, or administrative bodies without unjustified delay.

Speedy trial concerns criminal trial proceedings; speedy disposition applies more broadly to cases before judicial, quasi-judicial, and administrative bodies.

Article III, Section 13 of the 1987 Constitution.

Article III, Section 14(2) of the 1987 Constitution.

Article III, Section 21 of the 1987 Constitution.

Article III, Section 19 of the 1987 Constitution.

The confession may be inadmissible for violating custodial investigation rights.

An anonymous allegation alone does not establish a lawful basis for a warrantless home search.

A petition for a writ of habeas corpus.

A petition for a writ of amparo, depending on the established circumstances.

A petition for a writ of habeas data, subject to its requirements.

The prohibition against torture or coercion and the constitutional rights governing custodial investigation.