International Convention on Civil and Political Rights

Right to Life, Liberty and Security

Art. 3, UDHR
Art. 6(1), ICCPR
Art. 3, Sec. 1, 1987 Philippine Constitution
Article 9(1), ICCPR
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
Rule 113*, Sec. 1, Rules of Court
Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
Arts. 124 and 125, Revised Penal Code
Art. 3, Sec. 2, 1987 Philippine Constitution
Article 9(2), ICCPR
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
Art. 3, Sec. 12(1), 1987 Philippine Constitution
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 ompetent 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.
Art. 3, Sec. 14, 1987 Philippine Constitution
Article 7, ICCPR
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical
or scientific experimentation.
Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman, Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
Principles of Medical Ethics Relevant to the Role of Health Personnel, particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
Art. 1, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
Torture is defined as -1. Any act by which severe pain or suffering, whether physical or mental, is intentionally

inflicted on a person for such purposes as obtaining from him or a third person
information or a confession,
2. Punishing him for an act he or a third person has committed or is suspected of having
committed, or
3. Intimidating or coercing him or a third person or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or of the instigation
of or with the consent or acquiescence of a public official or other person acting in an
official capacity.
Art. 3, Sec. 12(2), 1987 Philippine Constitution
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.
Art. 3, Sec. 14, 1987 Philippine Constitution
The foregoing are thus provided to afford the accused the guaranteed right to due
process of law, that is, the procedural aspect of due process -- giving the accused the
avenues as provided by law to be heard.
Art. 3, Sec. 19, 1987 Philippine Constitution
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted x x x
2. The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.