Which is not included in Bill of Rights, Sec. 12?

Which is not included in Bill of Rights, Sec. 12?

• A. No torture, force, violence, threat, intimidation
• B. Secret detention places, incommunicado, or other similar forms of detention are prohibited
• C. Any person under the investigation for the commission of offense shall have the right to be informed of his right to remain silent
• D. If the person cannot afford the services of counsel, he/she must be denied by free services of the PAO

Answer: (D)

This item tests protections during investigation and detention. Section 12 covers safeguards against coercive interrogation and abuses in custody, including prohibiting torture, force, violence, threats, or intimidation; banning secret detentions or incommunicado confinement; and ensuring that a person under investigation is informed of their right to remain silent. These provisions are about keeping the investigation fair and humane, and about making sure individuals know they can refrain from self-incrimination. The idea that someone who cannot afford counsel must be denied free services from the Public Attorney’s Office runs counter to the protections provided elsewhere in the Constitution, which establish that indigent defendants have access to legal aid. That specific entitlement is not what Section 12 is about; it appears in a different provision dedicated to ensuring counsel and due process. So the statement about denying free PAO services does not fit with what Section 12 guarantees.

This item tests protections during investigation and detention. Section 12 covers safeguards against coercive interrogation and abuses in custody, including prohibiting torture, force, violence, threats, or intimidation; banning secret detentions or incommunicado confinement; and ensuring that a person under investigation is informed of their right to remain silent. These provisions are about keeping the investigation fair and humane, and about making sure individuals know they can refrain from self-incrimination.

The idea that someone who cannot afford counsel must be denied free services from the Public Attorney’s Office runs counter to the protections provided elsewhere in the Constitution, which establish that indigent defendants have access to legal aid. That specific entitlement is not what Section 12 is about; it appears in a different provision dedicated to ensuring counsel and due process. So the statement about denying free PAO services does not fit with what Section 12 guarantees.