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Exclusionary Rules Evidence Constitution

This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.

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1K views1 page

Exclusionary Rules Evidence Constitution

This document outlines exclusionary rules under the 1987 Philippine Constitution regarding searches and seizures, self-incrimination, and the admissibility of evidence. It establishes that individuals have the right to be secure from unreasonable searches and seizures, compelled self-incrimination, and secret detention. Any evidence obtained in violation of these rights or through torture is inadmissible in court. Confessions must be made in the presence of counsel and cannot be the result of coercion.

Uploaded by

fcnrrs
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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EXCLUSIONARY RULES UNDER THE 1987 compensation to and rehabilitation of victims of

CONSTITUTION torture or similar practices, and their families.

Sections 2 and 3, Article III Section 17, Article III


SECTION 2. The right of the people to be secure SECTION 17. No person shall be compelled to be
in their persons, houses, papers, and effects a witness against himself.
against unreasonable searches and seizures of
whatever nature and for any purpose shall be Rule 130, Sections 28 & 30
inviolable, and no search warrant or warrant of SECTION 28. Admission by third party. The
arrest shall issue except upon probable cause to rights of a party cannot be prejudiced by an act,
be determined personally by the judge after declaration, or omission of another, except as
examination under oath or af6rmation of the hereinafter provided. (25a)
complainant and the witnesses he may produce,
and particularly describing the place to be SECTION 30. Admission by conspirator. The
searched and the persons or things to be seized. act or declaration of a conspirator relating to the
conspiracy and during its existence, may be given
SECTION 3. (1) The privacy of communication in evidence against the co-conspirator after the
and correspondence shall be inviolable except conspiracy is shown by evidence other than such
upon lawful order of the court, or when public act or declaration. (27)
safety or order requires otherwise as prescribed
by law.

(2) Any evidence obtained in violation of this or


the preceding section shall be inadmissible for
any purpose in any proceeding.

Section 12, Article III


SECTION 12. (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

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