Due Process & Warrant of Arrest Overview

Due Process & Warrant of Arrest

• Article III, Sec. 2: Guarantees the right to be secure in person, house, papers, and effects. This is considered inviolable.
• Period to Decide Cases:
  • Cases filed after the constitution's effectivity must be resolved within 24 months.
  • Lower collegiate courts have a 12-month deadline.
  • Other lower courts have a 3-month deadline.
• Warrant of Arrest:
  • Police must obtain a warrant before arrest or search.
  • Without a warrant, evidence is inadmissible.
  • Perjury is a false statement.
• Requisites for Warrant:
  • Probable cause must be present
  • Determination of probable cause by a judge
  • Examination of the complainant and witnesses under oath or affirmation.
  • Specific description of the person or place.
• Due Process of Law:
  • The accused must be heard before condemnation.
  • Proceedings must include inquiry and judgement only after trial.
  • Accused has the right to be heard first.
• Article III, Sec 14:
  • No person can be held accountable for a crime without due process of law.
  • The accused is presumed innocent until proven guilty.
  • Accused has the right to be heard by themselves or counsel, be informed of the case, a speedy, impartial, and public trial, compulsory process for witness attendance, and evidence production.
• Article III, Sec. 11:
• Poverty is not an excuse for denial of court access or legal assistance.
• PAO (Public Attorney's Office): provides free legal assistance to the poor in criminal, civil, labour, administrative, and quasi-judicial cases.
• Procedural Due Process: Focuses on the how of government actions.
• Substantive Due Process: Examines the what of government actions, ensuring laws are reasonable and legitimate and that government actions are fair. This protects individuals' rights. It prevents arbitrary infringements without formal procedure.