ANALYSIS: Rights of Persons Arrested / Accused
41
Under the 1987 Constitution, an accused shall enjoy the right to a speedy, impartial, and
public trial. 195 Republic Act No. 8493 or the Speedy Trial Act of 1998 provides statutory
support to this right. 196 Moreover, [a]ll persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. 197
The research revealed that due to the delay in the issuance of commitment orders from the
courts, detainees in lock-up cells are not immediately transferred to regular jails administered by
the Bureau of Jail Management and Penology (BJMP). This predicament is shared in common by
majority of the police districts as detainees interviewed in the following police stations all had the
same lament. 198 In one instance, a detainee spent almost two (2) years in a lock-up cell and was
not turned over to a BJMP facility notwithstanding a request from the court. 199
E. Right to Educational, Cultural and Informational Materials
The Body of Principles provides that “[a] detained person or imprisoned person shall have
the right to obtain within the limits of available resources, if from public sources, reasonable
quantities of educational, cultural and informational material, subject to reasonable conditions to
ensure security and good order in the place of detention or imprisonment.” 200
As mentioned earlier, it was observed that some police stations allow their detainees to
watch television newscast. While this is so, no other means of informational or educational
materials were seen available to or accessible by detainees in police lock-up cells. Under the
situation, the right to self-development apparently ceases once a person is placed in a temporary
lock-up cell, which should not be the case. Even one who is convicted and serving sentence in
accordance with law pursuant to the judgment of a competent court is entitled to such right, though
limited, as this is in line with the objectives of rehabilitating convicts under the criminal justice
system.
195
CONST., Article III, Section 14 (2). The Rules of Criminal Procedure has similar provision under Rule 115, Section
1 (h).
196
Republic Act No. 8493, or An Act To Ensure A Speedy Trial Of All Criminal Cases Before The Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, And Municipal Circuit Trial Court,
Appropriating Funds Therefor, And For Other Purposes.
197
CONST., Article III, Section 13 vis-à-vis Republic Act No. 10389 or the Recognizance Act of 2012.
198
Marikina PCP 1; QCPD – PS-3; QCPD – PS12 (Eastwood); QCPD-DAID; NPD-DSOU; Malabon PS2; Caloocan PCP-3
(former Sub-Station 3); Taguig City PS; Pasay City PS-SOU/SAID and MPD-PS1 Raxabago.
199
SPD-Taguig City PS.
200
Principle 28, Body of Principles.