RIGHTS OF AN ACCUSEDBefore Criminal Prosecution: !efore arrai"nment# Rght to due process (Sec. 14(1)) Custoda rghts (Sec. 12) Rght to be nformed of hs rghts Rght to reman sent Rght to counse Rght to ba (Sec. 13) Rght to speedy dsposton of hs case (Sec. 16) Rght of free access to the courtsDurin" Criminal Prosecution: after arrai"nment u$ to $romul"ation of %u&"ment# Rght to presumpton of nnocence (Sec. 14(2)) Rght to be heard by hmsef and counse (Sec. 14(2)) Rght to be nformed of the nature and cause of accusaton aganst hm (Sec. 14(2)) Rght to have speedy, mparta and pubc tra (Sec. 14(2)) Rght to confrontaton (Sec. 14(2)) Rght to have compusory process to secure attendance of wtnesses and producton of evdence on hs behaf (Sec. 14(2)) Rght aganst sef-ncrmnaton (Sec. 17) Rght aganst doube |eopardy (Sec. 21) 9.Rght aganst ex-post facto aw and b of attander (Sec. 22)After Con'iction: Rght aganst excessve nes and crue, degradng or nhuman punshment (Sec. 19)SECTION ()Custo&ial Ri"*tsSec. 12: (1) Any person under nvestgaton for the commsson of an ohense sha have the rght to be nformed of hs rght to reman sent and to have competent and ndependent counse preferaby of hs own choce. If the person cannot ahord the servces of counse, he must be provded wth one. These rghts cannot be waved except n wrtng and n the presence of counse.(2) No torture, force, voence, threat, ntmdaton, or any other means whch vtate the free w sha be used aganst hm.Secret detenton paces, sotary, ncommuncado, or other smar forms of detenton are prohbted.(3) Any confesson or admsson obtaned n voaton of ths or Secton 17 hereof sha be nadmssbe n evdence.(4) The aw sha provde for pena and cv sanctons for voatons of ths secton as we as compensaton to and rehabtaton of vctms of torture or smar practces, and ther fames.- To put the accused on equa footng wth the State+in custo&,+ - ncudes deprvaton or mere restrcton on physca bertyCusto&ial In'esti"ation - nvestgaton conducted by aw enforcer mmedatey after arrestT*e Fruit of t*e Poisonous Tree Doctrine - a evdence (the frut) derved from an ega search (the posonous tree) must be suppressed, whether t was obtaned drecty through the ega search tsef, or ndrecty usng nformaton obtaned n the ega search-But For. Test - or tant doctrne; the evdence woud not have come to ght but for the ega acton of the poceWHEN CUSTODIAL INVESTIGATION BEGINS:1. Restrctve Vew - mted to n-custody nterrogatons as when the accused has been arrested and brought to the custody of the poce for questonng2. Expanded Vew - contempates two stuatons: (1) genera nqury as to dentcaton, crcumstances of a crme wthout focus on any partcuar suspect; and (2) suspcon s focused on a partcuar person and questons are asked from hm to ect admssons or nformaton**Under the expanded vew, genera nqury as to dentcaton, ke n a poce ne-up, s not consdered part of "custoda nvestgaton" hence the accused may be dented by a wtness n a poce ne-up even f made not n the presence of counseNOT PART OF CUSTODIAL INVESTIGATION: Poce ne-up, or durng process of dentcaton Spontaneous statement not ected through questonng, but gven n an ordnary manner (spur-of-the-moment statements) - res gestae Vounteered statements Extra|udca admsson to the prosecutor or a prvate person Investgaton made by a ctzen or prvate securty omcerMiranda Doctrine: Rights Under Custodial InvestigationMranda vs. Arzona,16 L. Ed 2d 694Our hodng w be speed out wth some speccty n the pages whch foow, but, brey stated,t s ths: the prosecuton may not use statements, whether excupatory or ncupatory, stemmngfrom custoda nterrogaton of the defendant uness t demonstrates the use of procedura safeguards ehectve to secure the prvege aganst sef-ncrmnaton. By custoda nvestgaton, we mean questonng ntated by aw enforcement omcers after a person has been taken nto custody or otherwse deprved of hs freedom of acton n any sgncant way. As for the procedura safeguards to be empoyed, uness other fuy ehectve means are devsed to nform accused persons of ther rght of sence and to assure a contnuous opportunty to exercse t, the foowng measures are requred: Pror to any questonng, the person must be warned that he has the rght to reman sent, that any statement he does make may be used as evdence aganst hm, and that he has a rght to the presence of an attorney, ether retaned or apponted. The defendant may wave ehectuaton of these rghts, provded the waver s made vountary, knowngy and ntegenty. If, however, he ndcates n any manner and at any stage of the process that he wshes to consut wth an attorney before speakng, there can be no questonng. Lkewse, f the ndvdua s aone and ndcates n any manner that he does not wsh to be nterrogated, the poce may not queston hm. The mere fact that he may have answered some questons or vounteered some statements on hs own does not deprve hm of hte rght to refranfrom answerng any further nqures unt he has consuted wth an attorney and thereafter consents to be questoned.Extrajudicial Confessions to Mayor and Media AdmissiblePeope vs. Andan, G.R. No. 116437, March 3, 1997Under these crcumstances, t cannot be successfuy camed that appeant's confesson before the mayor s nadmssbe. It s true that a muncpa mayor has "operatona supervson and contro" over the oca poce and may arguaby be deemed a aw enforcement omcer for purposes of appyng Secton 12 (1) and (3) of Artce III of the Consttuton. However, appeant's confesson to the mayor was not made n response to any nterrogaton by the atter. In fact, the mayor dd not queston appeant at a. No poce authorty ordered appeant to tak to the mayor. It was appeant hmsef who spontaneousy, freey and vountary sought the mayor for aprvate meetng. The mayor dd not know that appeant was gong to confess hs gut to hm. When appeant taked wth the mayor as a condant and not as a aw enforcement omcer, hs uncounseed confesson to hm dd not voate hs consttutona rghts. Thus, t has been hed that the consttutona procedures on custoda nvestgaton do not appy to a spontaneous statement, not ected through questonng by the authortes, but gven n an ordnary manner wherebyappeant oray admtted havng commtted the crme. What the Consttuton bars s the compusory dscosure of ncrmnatng facts or confessons. The rghts under Secton 12 are guaranteed to precude the sghtest use of coercon by the state as woud ead the accused to admt somethng fase, not to prevent hm from freey and vountary teng the truth. Hence we hod that appeant's confesson to the mayor was correcty admtted by the tra court.Appeant's confessons to the meda were kewse propery admtted. The confessons were made n response to questons by news reporters, not by the poce or any other nvestgatng omcer. We have hed that statements spontaneousy made by a suspect to news reporters on a teevsed ntervew are deemed vountary and are admssbe n evdence./: COA au&itor in'esti"ate& certain anomalies in t*e accounts of a "o'ernment a"enc,0 He 1uestione& 23 a $u!lic em$lo,ee t*erein3 4it*out !ene5t of counsel0 Are 26s statements a&missi!le7A: Yes. A COA audtor s not a aw enforcer./: 8i"uel3 an AFP ma%or3 arreste& B an& 1uestione& *im 4it*out !ene5t of counsel0 A&missi!le7A: Yes. An AFP member s not a aw enforcer./: H3 a $olice o9cer3 an& *us!an& of :3 sa4 t*e latter c*eatin" on *im 4it* *er $aramour0 T*e $aramour 4as a!le to esca$e 4*ile : 4as &etaine& !, H an& t*en 1uestione&0 ;ater3 H 5le& a case for a&ulter, a"ainst : an& use& *er statement as e'i&ence0 A&missi!le7A: Yes. Even f H s a poce omcer, the tme when he questoned W, hs wfe, he was not actng n hs omca capacty as a poce omcer but n hs persona capacty as her husband./: 23 t*e accuse& in a case for ra$e3 4as as