Philippines
 |
English |
|---|
⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.
If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org.
Legal Resources for the Philippines• Constitution of the Republic of the Philippines [1]
E-Learning Resources |
Introduction
Quick summary of the context (including the country's recent history)
The Republic of Philippines, comprises 80 provinces and 120 chartered cities. The capital of the Philippines is Manila.
The Philippine islands were a Spanish colony during the 16th century. In 1898, they were ceded to the US, following the Spanish-American War. In 1935, the Philippines became a self-governing commonwealth. In 1942, the Philippines fell under Japanese occupation, and on 4 July 1946 the country gained independence, with the name of Republic of the Philippines.
A 20-year rule by Ferdinand Marcos ended in 1986, when a people's movement in Manila ("EDSA 1") forced him into exile, and installed Corazon Aquino as president. The current president, Benigno S. Aquino III, was elected on 30 June 2010.
Type of system (common law; civil law; hybrid)
The judicial branch is composed of the Supreme Court, court of appeals, sandigan-bayan (special courts for hearing corruption cases of government officials), inferior courts (called regional trial courts, metropolitan trial courts, municipal trial courts in cities, municipal trial courts, and municipal circuit trial courts) Shari'a courts, and quasi-courts or quasi-judicial agencies for administrative matters. The legal system is based on Spanish and Anglo-American law, and Shari'a law for Muslims.
The legal aid situation in the country:
State Sponsored legal aid
Public Attorney's Office (PAO) is an agency under the Department of Justice. The PAO offers free legal representation, assistance, and counseling to indigent individuals in various legal cases, including criminal, civil, labor, and administrative matters. Integrated Bar of the Philippines (IBP): The IBP also provides legal aid to indigents through its Legal Aid Program and local legal aid committees. Supreme Court: The Supreme Court has established the Unified Legal Aid Service (ULAS) to enhance the delivery of legal aid. Free Legal Assistance Act of 2010: This law provides tax deductions for lawyers who offer pro bono services.
Existing NGOs providing pro bono legal aid
Saligan (Sentro ng Alternatibong Lingap Panlegal): This NGO focuses on developmental legal work for marginalized and exploited sectors, advocating for legal empowerment and representation. They work on issues like workers' rights, gender equality, and have operations throughout the Philippines. Free Legal Assistance Group (FLAG): FLAG is a nationwide human rights lawyers' organization that counters human rights abuses. It was founded in 1974 and is known for its work in defending civil liberties. University Legal Aid Offices: Several universities in the Philippines have legal aid offices that provide free legal assistance to indigent individuals. Examples include the Ateneo Legal Services Center, the University of the Philippines Office of Legal Aid, and the San Beda Legal Aid Bureau.
Number of lawyers (criminal/civil) if known
There are approximately 84,236 lawyers in the Philippines, as reflected in the Supreme Court's Roll of Attorneys. This number includes both criminal and civil lawyers
Sources of defendant's rights
National Sources of Defendant's rights
The Constitution was promulgated on 2 February 1987. Its preamble affirms that the Filipino people promote the rule of law and a regime of truth, justice, freedom, love, equality, and peace. Moreover, Article II Section 2 declares that the Philippines adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Article III is called "Bill of Rights", and its content resembles the American Bill of Rights. The sources of procedural criminal law are, besides the Constitution, the revised Penal Code of 1930, the New Rules of Court of 1964 Part III, IV, special laws, certain presidential orders, and letters of instruction. The Bill of Rights lists rights such as the right to life, the respect for human rights, the due process of law, the right to counsel, the right to remain silent, the freedom from excessive punishments and torture, the right to bail, the right against self incrimination, the habeas corpus, the double jeopardy, and the prohibition of ex post facto laws.
Rights of the Accused
Right Against Unlawful Arrests, Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized (Bill of Rights, Article III Section 2)
Right Against Unlawful Detention
Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited (Bill of Rights, Article III Section 12)
Right Not to be Tortured or III-Treated
No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him (Bill of Rights, Article III Section 12)
Right to Medical Care
You have the right to avail of medical, dental and other health services readily available in the place you are detained. You have the responsibility to inform and advise us of your health problems and to follow the prescribed treatment (BJMP Region 5)
Right to be Informed of Charges
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him (Bill of Rights, Article III Section 14)
Right to Presumption of Innocence
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable (Bill of Rights, Article III Section 14)
Right Against Self-Incrimination
No person shall be compelled to be a witness against himself (Bill of Rights, Article III Section 17)
Right to Counsel and Effective Assistance
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 (Bill of Rights, Article III Section 12)
Right to a Present a Defense
In all criminal prosecutions, the accused shall be entitled to the right to be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment (Rules of Criminal Procedure, Rule 115 Section C)
Right to Due Process
No person shall be held to answer for a criminal offense without due process of law (Bill of Rights, Article III Section 14)
Right to Equal Protection of the Laws
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws (Bill of Rights, Article III Section 1)
Right to Bail
All 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 (Bill of Rights, Article III Section 13)
Right Against Ex Post Facto Prosecution
No ex post facto law or bill of attainder shall be enacted (Bill of Rights, Article III Section 22)
Right Against Double Jeopardy
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act (Bill of Rights, Article III Section 21)
Right to a Fair Trial
Right to a Trial by Jury
Not included in the Constitution, since the legal system is based on Spanish civil law and influenced by American law. Judges are determining both questions of fact and law in criminal cases (Senate of the Philippines)
Right to a Speedy Trial
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies (Bill of Rights, Article III Section 16)
Right to an Impartial Judge
In all criminal prosecutions, the accused shall have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence on his behalf (Bill of Rights, Article III Section 14)
Right to Language Interpretation
The right to be informed of the nature and cause of the accusation against them means that the right to language interpretation is implicitly protected under the Constitution (Columbia Human Rights Law Review)
Right to Habeas Corpus
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it (Bill of Rights, Article III Section 15)
Capital Punishment
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua (Bill of Rights, Article III Section 19)
Right to Appeal
Who may appeal. Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy (Rules of Criminal Procedure, Rule 122)
Rights of Counsel
Right to Provide Representation
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 (Bill of Rights, Article III Section 12)
Right of Access to the Client
Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right (Rule of Criminal Procedures, Rule 114)
Right to Information
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him (Bill of Rights, Article III Section 14)
Right to Confidential Communication with the Client
Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right (Rule of Criminal Procedures, Rule 114)
Means of Protecting or Enforcing Rights
Exclusionary Rule
The purpose of the exclusionary rule is to deter law enforcement in engaging in fishing expeditions, and ultimately, protect the right of the people against unreasonable searches and seizures. The constitutional guarantee against unreasonable searches and seizures is an almost faithful reproduction of the Fourth Amendment to the United States of America (US) Constitution.
Nullity of Procedure
Not explicitly stated in the Constitution, but addressed through the concept of void judgements/orders and reversible errors. Certain errors in legal proceedings can render a judgment or order completely invalid from the beginning (void). Typically, they involve violations of due process, lack of jurisdiction, or serious procedural defects.
Motions
Both the prosecution and the defense can file various motions during different stages of the criminal process, including before, during, and after the trial. These motions can range from simple requests for postponements to more complex requests for dismissal or suppression of evidence.
Contempt
Violating this section constitutes contempt of court (Criminal Procedure, Rule 126 Section 12)
(a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge.
Civil Actions
A civil action can be instituted alongside a criminal case. This means that when a crime is committed, the victim or offended party can pursue not only criminal charges against the perpetrator but also a separate civil action to recover damages or seek other civil remedies arising from the same offense (2000 Rules of Criminal Procedure)
Pre trial Procedures
Arrest, Search and Seizure Laws
Stops and Frisks
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized (Bill of Rights, Article III Section 2)
Arrests
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention (Rule of Criminal Procedures, Rule 113 Section 2)
It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay (Rule of Criminal Procedures, Rule 113 Section 3)
The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt (Rule of Criminal Procedures, Rule 113 Section 4)
Officer can only arrest without a warrant when (Rule of Criminal Procedures, Rule 113 Section 5):
Pre-trial detention
Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited (Bill of Rights, Article III Section 12)
Searches
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized (Bill of Rights, Article III Section 2)
Lineups and other identification procedures
Lineups
The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name (Revised Rules of Criminal Procedure, Rule 110 Section 12)
(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose properly the offense was committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)
Interrogation (Bill of Rights, Article III Section 12)
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. 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. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
Court Procedures
Pre-Trial (Rules of Criminal Procedure, Rule 118)
In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following:
Pre-trial agreement
All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court.
Non-appearance at pre-trial conference
If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.
Pre-trial order
Pre-trial order. After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of, and control the course of the action during the trial, unless modified by the court to prevent manifest injustice.
Trial (Rule of Criminal Procedure, Rule 119)
Nature of the Trial
Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause (Section 2) Following Order (Section 11)
Time to Prepare
After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order (Section 1)
Defendant
Person formally accused of committing a crime. Entitled to various rights and protections throughout the legal proceedings outlined above.
Lawyers
When a prosecutor, his assistant or deputy is disqualified to act due to any of the grounds stated in section 1 of Rule 137 or for any other reasons, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor (Section 20)
Expert Witnesses
Any period of delay resulting from the absence or unavailability of an essential witness (Section 3) For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence (Section 3)
Judges
Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based (Rule of Criminal Procedure, Rule 120 Section 1)
Victims
Compensation to victims of violent crimes, including those unjustly accused, convicted, and imprisoned but later acquitted, as well as victims of arbitrary detention or those who have suffered serious physical or psychological injuries, permanent disability, insanity, abortion, or trauma (Victim Compensation Program Republic Act No. 7309)
Sentencing
If the judgment is of conviction, it shall state (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived (Rule of Criminal Procedure, Rule 120 Section 2)
Appeals
Where
To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court (Rule of Criminal Procedures, Rule 122 Section 2) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by the Regional Trial Court To the Supreme Court, in cases decided by the Court of Appeals
When
An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion shall have been served upon the accused or his counsel at which time the balance of the period begins to run (Rule of Criminal Procedures, Rule 122 Section 6)
Withdrawal
Notwithstanding the perfection of the appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided in section 8, in which case the judgment shall become final (Rule of Criminal Procedures, Rule 122 Section 12)
Counsel
Appointment of counsel de oficio for accused on appeal. It shall be the duty of the clerk of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be prepared by the clerk of court of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry (Rule of Criminal Procedures, Rule 122 Section 13)
Rights in prison
Right to Humane Conditions of Confinement
You have the right to be treated as a human being and not to be subjected to corporal punishment. You have the responsibility to allow your fellow inmates, visitors and staff enjoy the same rights (BJMP Region 5)
Immigrant's Rights in Detention
You have the right to communicate with your embassy or consulate if you are a foreigner. You have the responsibility to keep jail management informed of your transactions (BJMP Region 5)
Right to Medical Care in Prison
You have the right to avail of medical, dental and other health services readily available in the place you are detained. You have the responsibility to inform and advise us of your health problems and to follow the prescribed treatment (BJMP Region 5)
Right to Mental Health Care
You have the right to avail of medical, dental and other health services readily available in the place you are detained. You have the responsibility to inform and advise us of your health problems and to follow the prescribed treatment (BJMP Region 5)
Rights of Special Populations
Women
Women in prison face significant challenges due to a lack of gender-specific policies and inadequate support systems, leading to potential violations of their human rights. There is a recognized need for gender-sensitive healthcare, especially in areas of reproductive health, and for addressing the specific needs of survivors of gender-based violence (UN Women)
GLBT Prisoners
No specific legislation
Mentally Ill Prisoners
Prisoners with mental health conditions have rights under the Mental Health Act, including the right to freedom from discrimination, protection from cruel and unusual treatment, and access to appropriate treatment and aftercare. Individuals with mental health conditions should not be detained in prisons if their condition requires specialized care and treatment in mental health facilities. (Republic Act 11036)
Juveniles
Covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration (Juvenile Justice and Welfare Act of 2006)
References
"The 1987 Constitution of the Republic of the Philippines". Arellano Law Foundation. Retrieved 21 July 2025, from https://lawphil.net/consti/cons1987.html
"Act No. 3815, s. 1930 (The Revised Penal Code)". United Nations. Retrieved 21 July 2025, from https://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL%20revised%20penal%20code.pdf
"The 2000 Rules of Criminal Procedure, as amended". Arellano Law Foundation. Retrieved 21 July 2025, from https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html
"Republic Act No. 7309". Supreme Court E-Library. Retrieved 21 July 2025, from https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3205
"Inmate's Orientation Sheet". Bureau of Jail Management and Penology (BJMP) Region 5. Retrieved 21 July 2025, from https://r5.bjmp.gov.ph/wp-content/uploads/2022/01/Inmate_Orienation%20Sheet.pdf
"Promoting women’s access to justice in the Philippines". UN Women Asia and the Pacific. Retrieved 21 July 2025, from https://asiapacific.unwomen.org/en/focus-areas/governance/womens-access-to-justice/projects/a2j-women-in-conflict-with-the-law
"Republic Act No. 9344". Arellano Law Foundation. Retrieved 21 July 2025, from https://lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
"P.S. Res. No. 253". Senate of the Philippines. Retrieved 21 July 2025, from https://web.senate.gov.ph/lisdata/56574980!.pdf
"The Right to an Interpreter for Deaf, Hard of Hearing, and Deaf-Blind Defendants". Columbia Human Rights Law Review. Retrieved 21 July 2025, from https://hrlr.law.columbia.edu/files/2018/01/JuliaShermanTheRighttoanl.pdf
"2000 Rules of Criminal Procedure". Senate Electoral Tribunal. Retrieved 21 July 2025, from https://www.set.gov.ph/resources/revised-rules-of-court/2000-rules-of-criminal-procedure/
"Services". Public Attorney's Office. Retrieved 21 July 2025, from https://pao.gov.ph/services-2/
"A rock and a hard place: Challenges of free legal aid in the Philippines". Thomson Reuters Foundation. Retrieved 21 July 2025, from https://www.trust.org/impact-story/a-rock-and-a-hard-place-challenges-of-free-legal-aid-in-the-philippines/
"Free Legal Assistance Group". Wikipedia. Retrieved 21 July 2025, from https://en.wikipedia.org/wiki/Free_Legal_Assistance_Group
"Philippine Free Legal Advice Groups". LawyerPhilippines.org. Retrieved 21 July 2025, from https://lawyerphilippines.org/philippine-free-legal-advice-groups/
"Setting the bar high". Daily Tribune. 17 September 2023. Retrieved 21 July 2025, from https://tribune.net.ph/2023/09/17/setting-the-bar-high
