Conversation on Section 12

Posted by POSC1_UPLB

Right Said:

(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 compensation to and rehabilitation of victims of torture or similar practices, and their families.

Responsibility Says:
(1) If under investigation for the commission of an offense, the person would be accountable for any statement that he/she would say. It would also be his/her responsibility to find a preferred counsel, unless he/she could not afford one. In that case where counsel can not be acquired, it would be the government’s responsibility to provide the accused with one.

(2) If the person has been subjected to torture, force, violence, threat, intimidation, or any other means which vitiate the free will, he/she has to speak up and let the government know about this violation of his/her right. He/she must also take it unto him/herself to report any unnecessary detention.

(3) The person will have the responsibility to report being forced to make a confession or to stop such an act from happening.

(4) The government must see to it that the necessary penal and civil sanctions are provided for violations of this section in the Bill of Rights, as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

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