The core rights under Article III, Section 12
The 1987 Constitution generally guarantees these rights to anyone under investigation for an offense:
- The right to remain silent. You are generally not required to answer questions or make a statement.
- The right to competent and independent counsel, preferably of your own choice. If you cannot afford one, the law generally requires that one be provided to you.
- The right to be informed of these rights, in a language you understand, before questioning begins.
- Protection from torture, force, violence, threats, or intimidation intended to make you talk, and from secret, solitary, or incommunicado detention.
These rights generally cannot be waived except in writing and in the presence of counsel. Any confession or admission taken in violation of these rights is generally inadmissible as evidence against you.
Arrest with or without a warrant
Arrests generally require a warrant issued by a judge. The Rules of Court also generally recognize specific situations where a warrantless arrest is allowed, including when:
- The person is committing, has just committed, or is attempting to commit an offense in the presence of the arresting officer (in flagrante delicto);
- An offense has just been committed and the officer has probable cause, based on personal knowledge of facts, to believe the person committed it (hot pursuit); or
- The person is an escaped prisoner.
Outside of these situations, an arrest without a warrant may generally be challenged as unlawful.
What the arresting officer should tell you
Under Republic Act No. 7438, an arresting or investigating officer is generally required to inform you, in a language you know, of your right to remain silent and to counsel, and of the cause of your arrest and any warrant. You generally have the right to be visited by, or confer with, your family, a lawyer, a doctor, a priest or religious minister, or an accredited human-rights or non-government organization.
Time limits before you must be brought to a prosecutor or judge
If you're arrested without a warrant, Philippine law generally sets limits on how long you can be detained before being delivered to the proper authorities for inquest (the prosecutor's review of whether there's enough basis to keep you in custody and file charges). These periods are generally tied to the penalty for the offense involved — commonly cited as roughly 12 hours for offenses punishable by light penalties, 18 hours for offenses punishable by correctional penalties, and 36 hours for offenses punishable by afflictive or capital penalties. Detention beyond these periods without inquest or a filed case can generally be challenged.
Bail
Most people are generally entitled to bail before conviction — the main exception is for offenses punishable by reclusion perpetua (or similarly severe penalties) where the evidence of guilt is strong. A lawyer or PAO can help you determine bail eligibility and amount for your specific situation.
What to do
- Stay calm and do not resist arrest, even if you believe it's unlawful — raise that issue afterward, through a lawyer.
- Clearly state that you are exercising your right to remain silent and your right to counsel.
- Ask to contact a lawyer, PAO, or a family member as soon as possible.
- Note the time of arrest, the names or badge numbers of the officers involved, and whether a warrant was shown.
- Avoid signing any document or statement without a lawyer present.
Ask PHLaw.AI
Try: "Ano ang mga karapatan ko kapag inaresto?" or "What happens if I'm arrested without a warrant in the Philippines?"
Ask about your rights during arrest