Republic Act No..PW

7/28/2019 Republic Act No..PW

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Republic Act No. 9173Republic Act No. 9173

Article IArticle I

TitleTitle

Section 1. Title Philippine Nursing Act ofSection 1. Title Philippine Nursing Act of20022002

Article IIArticle II

Declaration of PolicyDeclaration of Policy

Section 2. Declaration of PolicySection 2. Declaration of Policy


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Article IIArticle II

Organization of the Board ofOrganization of the Board of

NursingNursing

Section 3. Creation and CompositionSection 3. Creation and Composition

of the Boardof the Board1 Chairperson1 Chairperson

6 Members6 Members

- appointed by the President of the- appointed by the President of theRepublic of the PhilippinesRepublic of the Philippines


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Section 4. Qualification of theSection 4. Qualification of the

Chairperson and Members of theChairperson and Members of theBoardBoarda)a) Natural born citizen and resident of theNatural born citizen and resident of the

PhilippinesPhilippines

b)b) Member of good standing and accreditedMember of good standing and accreditedprofessional organization of nursesprofessional organization of nurses

c)c) Registered nurse and a holder of aRegistered nurse and a holder of amasters degree in nursing, education ormasters degree in nursing, education orother allied medical profession conferredother allied medical profession conferred

by a college or university duly recognizedby a college or university duly recognizedby the Government.by the Government.

d)d) Have at least 10 years of continuousHave at least 10 years of continuouspractice of profession prior to appointmentpractice of profession prior to appointment

e)e) Not have been convicted of any offenseNot have been convicted of any offenseinvolving moral turpitude.involving moral turpitude.


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Section 5. Requirements UponSection 5. Requirements Upon

Qualification as Chairperson and aQualification as Chairperson and aMember of the Board of NSG.Member of the Board of NSG.

a)a) Immediately resign from any teaching positionImmediately resign from any teaching position

in school, college, university or institutionin school, college, university or institution

offering BSN and / or review program for theoffering BSN and / or review program for thelocal nursing board examinations or in anylocal nursing board examinations or in any

office or employment in the Government oroffice or employment in the Government or

any Subdivision, agency or instrumentalityany Subdivision, agency or instrumentality

thereof, including government-owned orthereof, including government-owned orcontrolled corporations or their subsidiaries ascontrolled corporations or their subsidiaries as

well as those employed in the private sector.well as those employed in the private sector.

b)b) Not have any pecuniary interest in orNot have any pecuniary interest in or

administrative supervision over any institutionadministrative supervision over any institution

offering BSN including review classes.offering BSN including review classes.


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Section 6. Term of OfficeSection 6. Term of Office

- Shall hold office for a term of 3 years.- Shall hold office for a term of 3 years.

Section 7. Compensation of the BoardSection 7. Compensation of the BoardMembersMembers

-Comparable to the compensation and-Comparable to the compensation andallowances received by the chairperson andallowances received by the chairperson andmembers of other professional regulatorymembers of other professional regulatoryboards.boards.

Section 8. Administrative Supervision ofSection 8. Administrative Supervision ofthe Board, Custodian of its Records,the Board, Custodian of its Records,

Secretariat and Support Service.Secretariat and Support Service.--PRC


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Section 9. Powers and Duties of theSection 9. Powers and Duties of theBoardBoard

a)a) Conduct NLEConduct NLEb)b) Issue, suspend, or revoke, certificates ofIssue, suspend, or revoke, certificates of

registration for the practice of nursing.registration for the practice of nursing.

c)c) Monitor and enforce quality standards ofMonitor and enforce quality standards of

nursing practice in the Philippines andnursing practice in the Philippines andexercise the powers necessary to ensureexercise the powers necessary to ensurethe maintenance of efficient, ethical,the maintenance of efficient, ethical,moral and professional standards in themoral and professional standards in thepractice of nursing taking into account thepractice of nursing taking into account the

health needs of the nation.health needs of the nation.d)d) Ensure quality nursing education byEnsure quality nursing education by

examining the prescribed facilities of theexamining the prescribed facilities of theuniversities or colleges of nursing oruniversities or colleges of nursing or

department of nursing education anddepartment of nursing education andthose seeking permission to open nursingthose seeking permission to open nursing


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e)e) Conduct hearings and investigations toConduct hearings and investigations toresolve complaints against nurse practitionersresolve complaints against nurse practitionersfor unethical and unprofessional conduct andfor unethical and unprofessional conduct andviolation for this Act or its rule andviolation for this Act or its rule andregulations.regulations.

-issue subpoena ad testificandum subpoena duces-issue subpoena ad testificandum subpoena duces

tecum.tecum.-punish with contempt persons obstructing,-punish with contempt persons obstructing,

impeding and / or otherwise interfering with theimpeding and / or otherwise interfering with theconduct.conduct.

f)f) Promulgate a code of Ethics in coordinationPromulgate a code of Ethics in coordinationand consultation with the accreditedand consultation with the accreditedprofessional organization of nurses within oneprofessional organization of nurses within oneyear from the effectivity of this Act.year from the effectivity of this Act.


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g)g) Recognized nursing specialty organizationsRecognized nursing specialty organizationsin coordination with the accreditedin coordination with the accreditedprofessional organization; andprofessional organization; and

h)h) Prescribe, adopt, issue and promulgatePrescribe, adopt, issue and promulgateguidelines, regulations, measures andguidelines, regulations, measures anddecisions as may be necessary for thedecisions as may be necessary for theimprovement of nursing practice,improvement of nursing practice,

advancement of the profession and for theadvancement of the profession and for theproper and full enforcement of this Actproper and full enforcement of this Actsubject to the review and approval by thesubject to the review and approval by thecommissioncommission


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Section 10. Annual ReportSection 10. Annual Report

-the board at the close of its calendar year-the board at the close of its calendar year

submit an annual report to the President ofsubmit an annual report to the President ofthe Philippines through the Commission.the Philippines through the Commission.

Section 11. Removal or suspension ofSection 11. Removal or suspension ofBoard Members.Board Members.

a)a) Continued neglect of duty orContinued neglect of duty or

incompetenceincompetence

b)b) Commission or toleration of irregularitiesCommission or toleration of irregularities

in the licensure examination.in the licensure examination.

c)c) Unprofessional, immoral or dishonorableUnprofessional, immoral or dishonorable

conduct.conduct.


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Article IVArticle IV

Examination and RegistrationExamination and Registration

Section 12. License ExaminationSection 12. License ExaminationAll applicants for the license to practiceAll applicants for the license to practice

nursing shall be required to pass a writtennursing shall be required to pass a writtenexamination.examination.

Section 13. Qualifications for AdmissionSection 13. Qualifications for Admissionto the Licensure Examinationto the Licensure Examination

a)a) Filipino citizenFilipino citizenb)b) Good moral characterGood moral character

c)c) Holder of Bachelors Degree in nursingHolder of Bachelors Degree in nursingfrom a college or university that compliesfrom a college or university that complies

with the standards of nursing educationwith the standards of nursing educationduly recognized by proper governmentduly recognized by proper government


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Section 14. Scope of ExaminationSection 14. Scope of Examination-determined by the board-determined by the board

Section 15. RatingsSection 15. Ratings--must obtain a general average of atmust obtain a general average of atleast 75% with a rating of not below 60% in anyleast 75% with a rating of not below 60% in anysubject.subject.

Section 16. OathSection 16. Oath Section 17. Issuance of Certificate ofSection 17. Issuance of Certificate of

Registration/ Professional License andRegistration/ Professional License andProfessional Identification Card.Professional Identification Card.

Certificate of Registration / ProfessionalCertificate of Registration / ProfessionalLicenseLicense

-Full name of Registrant-Full name of Registrant

-Serial number-Serial number

-Signature of the Chairperson of the-Signature of the Chairperson of theCommission and members of theCommission and members of the


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Professional Identification CardProfessional Identification Card

-Signature of the Chairperson of the-Signature of the Chairperson of the

commissioncommission

-Date of Registration-Date of Registration

-License number-License number

-Date of Issuance / Date of Expiration-Date of Issuance / Date of Expiration

Section 18. Fees for Examination andSection 18. Fees for Examination and

RegistrationRegistration

Section 19. Automatic Registration forSection 19. Automatic Registration forNursesNurses

All nurses whose names appearsAll nurses whose names appears

appear at the Roster of nurses shall beappear at the Roster of nurses shall be


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Section 20. Registration by ReciprocitySection 20. Registration by Reciprocity

A certificate of registration / professionalA certificate of registration / professionallicense maybe issued without examination tolicense maybe issued without examination to

nurses registered under the laws of foreignnurses registered under the laws of foreign

sate or country.sate or country.

Section 21. Practice Through special /Section 21. Practice Through special /

Temporary PermitTemporary Permit

a)a) Internationally well-known specialistsInternationally well-known specialists/outstanding experts./outstanding experts.

b)b) On medical mission.On medical mission.

c)c) Exchange professors.Exchange professors.


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Section 22. Non-registration and Non-Section 22. Non-registration and Non-

issuance of Certificates ofissuance of Certificates ofRegistration / Professional License orRegistration / Professional License or

Special / Temporary permit.Special / Temporary permit.

a)a) Convicted by final judgment of anyConvicted by final judgment of any

criminal offense involving moralcriminal offense involving moral

turpitude.turpitude.

b)b) Guilty of immoral or dishonorableGuilty of immoral or dishonorableconductconduct

c)c) Declared by the court to be of unsoundDeclared by the court to be of unsound

mind.mind.


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Section 23. Revocation and Suspension ofSection 23. Revocation and Suspension ofCertificate of Registration / ProfessionalCertificate of Registration / ProfessionalLicense and Cancellation of Special /License and Cancellation of Special /

Temporary PermitTemporary Permit

a)a) For any causes mentioned in the preceding section;For any causes mentioned in the preceding section;

b)b) Unprofessional or unethical conductUnprofessional or unethical conduct

c)c) Gross incompetence or serious ignoranceGross incompetence or serious ignorance

d)d) For malpractice or negligence in the practice ofFor malpractice or negligence in the practice ofnursingnursing

e)e) For the use or fraud, deceit or false statements inFor the use or fraud, deceit or false statements inobtaining a certificate of registration / professionalobtaining a certificate of registration / professionallicense or a temporary / special permit.license or a temporary / special permit.

f)f) For violation of this act, the rules and regulation, CodeFor violation of this act, the rules and regulation, Codeof Ethics for nurses and technical standards forof Ethics for nurses and technical standards fornursing practice, policies of the Board and thenursing practice, policies of the Board and theCommission or the conditions and limitations for theCommission or the conditions and limitations for theissuance of the temporary / special permit; orissuance of the temporary / special permit; or

g)g) For practicing his / her profession during his / herFor practicing his / her profession during his / her


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Section 24. Re- Issuance of RevokedSection 24. Re- Issuance of RevokedCertificates and Replacement of LastCertificates and Replacement of LastCertificatesCertificates

a)a) After the expiration of a minimum periodAfter the expiration of a minimum periodof 4 years from the date of revocation of aof 4 years from the date of revocation of acertificate.certificate.

b)b) For reasons of equity and justice.For reasons of equity and justice.

c)c) When the cause of revocation hasWhen the cause of revocation hasdisappeared or has been cured ordisappeared or has been cured orcorrected.corrected.

Upon proper application and paymentUpon proper application and payment

of the required fee.of the required fee.d)d) When the request is to replace certificateWhen the request is to replace certificatethat has been lost, destroyed or mutilatedthat has been lost, destroyed or mutilatedmaybe issuedmaybe issued

e)e) When the request is to replace certificateWhen the request is to replace certificatethat has been lost, destroyed or mutilatedthat has been lost, destroyed or mutilated


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Article VArticle V

Nursing EducationNursing Education

Section 25. Nursing EducationSection 25. Nursing EducationProgramProgram

a)a) Shall provide sound general andShall provide sound general andprofessional foundation for theprofessional foundation for thepractice of nursing.practice of nursing.

b)b) Shall adhere strictly to specificShall adhere strictly to specificrequirements embodied in therequirements embodied in theprescribed curriculum asprescribed curriculum aspromulgated by the CHEDS policiespromulgated by the CHEDS policiesand standards of nursing education.and standards of nursing education.

S ti 26 R i t f I tiSection 26 Requirements for Inacti e


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Section 26. Requirements for InactiveSection 26. Requirements for InactiveNurses Returning to PracticeNurses Returning to Practice

-required to undergo one month of didactic-required to undergo one month of didactictraining and 3 months of practicum.training and 3 months of practicum.

Section 27. Qualification of the FacultySection 27. Qualification of the Facultya)a) Registered nurse in the PhilippinesRegistered nurse in the Philippines

b)b) Have at least 1 year of clinical experienceHave at least 1 year of clinical experience

in a field of specializationin a field of specializationc)c) Be a member of a good standing in theBe a member of a good standing in the

accredited professional organization ofaccredited professional organization ofnurses.nurses.

d)d)

Be a holder of masters degree in nursing,Be a holder of masters degree in nursing,education or other allied medical andeducation or other allied medical andhealth sciences conferred by a college orhealth sciences conferred by a college oruniversity duly recognized by theuniversity duly recognized by theGovernment of RP.Government of RP.

DeanDean masters degree in nursing masters degree in nursing


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Article VIArticle VI

Nursing PracticeNursing Practice Section 28. Scope of NursingSection 28. Scope of Nursing

a)a) Provide nursing care through utilizationProvide nursing care through utilizationof the nursing process.of the nursing process.

b)b) Establish linkages with communityEstablish linkages with communityresources and coordination with theresources and coordination with thehealth team.health team.

c)c) Provides health education to individuals,Provides health education to individuals,

families and communities.families and communities.d)d) Teach, guide and supervise students inTeach, guide and supervise students in

nursing education programs.nursing education programs.

e)e) Undertake nursing and health humanUndertake nursing and health human

resources development training andresources development training and


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Section 29. Qualification of NursingSection 29. Qualification of NursingService AdministratorsService Administrators

a)a)

Be a registered nurse in the Philippines.Be a registered nurse in the Philippines.

b)b) Have at least 2 years experience inHave at least 2 years experience ingeneral nursing administration.general nursing administration.

c)c) Degree in Bachelor of Science in nursingDegree in Bachelor of Science in nursing

with at least 9 units of management andwith at least 9 units of management andadministration courses at the graduateadministration courses at the graduatelevel.level.

d)d) Be a member of good standing of theBe a member of good standing of the

accredited professional organization ofaccredited professional organization ofnurses.nurses.

Chief Nurse-Chief Nurse-

a)a) At least 5 years experience in supervisoryAt least 5 years experience in supervisory

or managerial position in nursing.or managerial position in nursing.


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Article VIIArticle VII

Health Human ResourceHealth Human Resource

Production, Utilization andProduction, Utilization andDevelopmentDevelopment

Section 30. Studies for Nursing ManpowerSection 30. Studies for Nursing ManpowerNeeds, Production, Utilization andNeeds, Production, Utilization and

Development.Development.

-conducted by the Board in Coordination-conducted by the Board in Coordinationwith the accredited professional organizationwith the accredited professional organization

and appropriate government or privateand appropriate government or private

agencies.agencies.


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Section 31. Comprehensive NursingSection 31. Comprehensive Nursing

Specialty ProgramSpecialty ProgramThe Board recognizes specialtyThe Board recognizes specialty

organizations that would upgrade the level oforganizations that would upgrade the level of

competence of specialty nurse clinicians in thecompetence of specialty nurse clinicians in the

country.country.

Section 32. SalarySection 32. Salary

Base pay of nursing working in publicBase pay of nursing working in public

health institution shall not be lower than salaryhealth institution shall not be lower than salary

grade 15.grade 15.


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Section 33. Funding for theSection 33. Funding for the

Comprehensive Nursing SpecialtyComprehensive Nursing Specialty

ProgramProgramThe annual financial requirementsThe annual financial requirements

needed to train at least 10% of the nursing staffneeded to train at least 10% of the nursing staff

of the participating government hospital; shallof the participating government hospital; shall

be chargeable to the income of the Philippinesbe chargeable to the income of the Philippinescharity sweepstakes office and the Philippinescharity sweepstakes office and the Philippines

Amusement and Gaming Corporation.Amusement and Gaming Corporation.

Section 34. Incentives and BenefitsSection 34. Incentives and Benefits

In the form of free hospital care forIn the form of free hospital care for

nurses and their dependents, scholarshipnurses and their dependents, scholarshiprants and other non-cash benefits.rants and other non-cash benefits.

A ti l VIIIArticle VIII


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Article VIIIArticle VIII

Penal and MiscellaneousPenal and Miscellaneous

ProvisionsProvisions Section 35. Prohibitions in the PracticeSection 35. Prohibitions in the Practice

of Nursingof Nursing

a)a) Any person practicing nursing in theAny person practicing nursing in the

Philippines within the meaning of this act.Philippines within the meaning of this act.

1.1. Without a certificate of registration /Without a certificate of registration /

professional license and professionalprofessional license and professionalidentification card or special temporaryidentification card or special temporary

permit or without having been declaredpermit or without having been declared

exempt from examination in theexempt from examination in the

accordance with the provision of thisaccordance with the provision of this


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2.2. Who uses as his/her own certificates ofWho uses as his/her own certificates ofregistration / professional license andregistration / professional license andprofessional identification card or specialprofessional identification card or specialtemporary permit of another; ortemporary permit of another; or

3.3. Who uses an invalid certificate of registration /Who uses an invalid certificate of registration /professional license, a suspended or revokedprofessional license, a suspended or revokedcertificate of registration / professional license orcertificate of registration / professional license or

an expired or cancelled special / temporaryan expired or cancelled special / temporarypermitpermit

4.4. Who given any false evidence to the Board inWho given any false evidence to the Board inorder to obtain a certificate of registration /order to obtain a certificate of registration /

professional license, a professional identificationprofessional license, a professional identificationcard or special permit; orcard or special permit; or

5.5. Who appends BSN/RN or any similar appendageWho appends BSN/RN or any similar appendageto his/her name without having been conferredto his/her name without having been conferred

said degree or registration; orsaid degree or registration; or


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6.6. Who appends BSN/RN or any similar appendageWho appends BSN/RN or any similar appendage

to his/her name without having been conferredto his/her name without having been conferred

said degree or registration; orsaid degree or registration; or

7.7. Who, as a registered and licensed nurse abets orWho, as a registered and licensed nurse abets orassists the illegal practice of a person who is notassists the illegal practice of a person who is not

lawfully qualified to practice nursing.lawfully qualified to practice nursing.


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b)b) Any person or the chief executive officer of aAny person or the chief executive officer of a

juridical entity who undertakes in-servicejuridical entity who undertakes in-service

educational programs or who conductseducational programs or who conducts

review classes for both local and foreignreview classes for both local and foreign

examination without permits / clearance fromexamination without permits / clearance from

the Board and the Commission.the Board and the Commission.

c)c) Any person or employer of nurses who violateAny person or employer of nurses who violatethe minimum base pay of nurses and thethe minimum base pay of nurses and the

incentive and benefits that should beincentive and benefits that should be

accorded them as specified in Section 32 andaccorded them as specified in Section 32 and

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d)d) Any person or the chief executive officer of aAny person or the chief executive officer of a

juridical entity violating any provision of thisjuridical entity violating any provision of this

act and its rules and regulations.act and its rules and regulations.


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Article IXArticle IX

Final ProvisionsFinal Provisions

Sections 36. Enforcement of this ActSections 36. Enforcement of this Act

-primary duty of the Commission and-primary duty of the Commission and

the Board to effectively implement this Actthe Board to effectively implement this Act

Section 37. AppropriationsSection 37. Appropriations

-the chairperson of the PRC shall-the chairperson of the PRC shallimmediately include in its program and issueimmediately include in its program and issue

such rules and regulation to implement thesuch rules and regulation to implement the

provision of this act.provision of this act.


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Section 38. Rules and RegulationsSection 38. Rules and Regulations

-The Board and the Commission in-The Board and the Commission in

Coordination with the accredited professionalCoordination with the accredited professionalorganization, the DOH, DBM and otherorganization, the DOH, DBM and other

concerned government agencies shallconcerned government agencies shall

formulate such rules and regulationsformulate such rules and regulations

necessary to carry out the provisions of thisnecessary to carry out the provisions of thisact.act.

Section 39. Separability ClauseSection 39. Separability Clause

-if any part of this Act is declared-if any part of this Act is declaredunconstitutional the remaining parts notunconstitutional the remaining parts not

affected there by shall continue to be valid andaffected there by shall continue to be valid and

operational.operational.

Section 40. Repealing ClauseSection 40. Repealing Clause


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Section 41. EffectivitySection 41. Effectivity

-shall take effect 15 days upon its-shall take effect 15 days upon its

publication in the official Gazette or any 2publication in the official Gazette or any 2

newspapers of general circulation in thenewspapers of general circulation in the

Philippines.Philippines.


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DUE PROCESS of LAWDUE PROCESS of LAW

Defined as law which hears before itDefined as law which hears before it

condemns which proceeds upon inquirycondemns which proceeds upon inquiry

and renders judgment only after trialand renders judgment only after trial


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FUNDAMENTAL REQUIREMENTSFUNDAMENTAL REQUIREMENTS

of DUE PROCESSof DUE PROCESS

Article III Section 14 of the NewArticle III Section 14 of the NewConstitution states that no person shallConstitution states that no person shallbe held to answer for a criminal offensebe held to answer for a criminal offense

without due process of laws.without due process of laws.

The constitutional rights of the accused areThe constitutional rights of the accused areenumerated as follows.enumerated as follows.1.1.The accused is presumed innocent until theThe accused is presumed innocent until the

contrary is providecontrary is provide

2.2.The right to free access to the courts andThe right to free access to the courts andadequate legal assistanceadequate legal assistance


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3.3. The right to remain silent and to haveThe right to remain silent and to have

competent and independent counselcompetent and independent counsel

preferably of his/her own choice. If he/shepreferably of his/her own choice. If he/shecannot afford the services of a counsel,cannot afford the services of a counsel,

he/she must be provided one.he/she must be provided one.

4.4. The right to bail and protection againstThe right to bail and protection against

excessive bail.excessive bail.5.5. The right to resumption of innocence until theThe right to resumption of innocence until the

contrary is provedcontrary is proved

6.6. The right to be heard by himself/herself andThe right to be heard by himself/herself and

counselcounsel7.7. The right to be informed of the nature or theThe right to be informed of the nature or the

cause or the accusation against him/her.cause or the accusation against him/her.

8.8. The right to have speedy, impartial and publicThe right to have speedy, impartial and public

trial.trial.


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10.10. The right to have compulsory process to secureThe right to have compulsory process to secure

the attention of witness face to face and thethe attention of witness face to face and the

production of evidence on his/her behalf.production of evidence on his/her behalf.

11.11. The right against self-incriminationThe right against self-incrimination

12.12. The right, when under investigation for theThe right, when under investigation for the

commission of an offense, to remain silent andcommission of an offense, to remain silent and

to counsel, and to be informed of his/her rightto counsel, and to be informed of his/her right13.13. The right against the use of force, violence,The right against the use of force, violence,

threat, intimidation or any other means whichthreat, intimidation or any other means which

vitiates the free willvitiates the free will

14.14. The right against cruel and unusual punishmentThe right against cruel and unusual punishment15.15. The right against excessive fines andThe right against excessive fines and

16.16. The right against double jeopardy.The right against double jeopardy.

Documents

Republic Act No..PW