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(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation Section 21. No person shall be twice put in jeopardy
to and rehabilitation of victims of torture or similar of punishment for the same offense. If an act is
practices, and their families. punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another
Section 14. (1) No person shall be held to answer for prosecution for the same act.
a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be RULE 113 - ARREST
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and Section 1. Definition of arrest. Arrest is the taking
counsel, to be informed of the nature and cause of of a person into custody in order that he may be
the accusation against him, to have a speedy, bound to answer for the commission of an offense.
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure Sec. 2. Arrest; how made. An arrest is made by
the attendance of witnesses and the production of an actual restraint of a person to be arrested, or by
evidence in his behalf. However, after arraignment, his submission to the custody of the person making
trial may proceed notwithstanding the absence of the the arrest.
accused provided that he has been duly notified and
his failure to appear is unjustifiable. No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be
Section 16. All persons shall have the right to a subject to a greater restraint than is necessary for his
speedy disposition of their cases before all judicial, detention.
quasi-judicial, or administrative bodies.