The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact.

In the Philippines, presumption of innocence is a right guaranteed by the 1987 Constitution. Article III, Sec. 14 (2) states that in all criminal prosecutions, the accused is presumed innocent until proven guilty beyond reasonable doubt. Supreme Court Chief Justice Maria Lourdes Sereno, in her separate concurring opinion on the Vizconde massacre, wrote, “In pronouncing the presumption of innocence of the accused and their right to due process, the Constitution declares that the risk of letting the guilty walk free would be error on the side of justice. This outcome is infinitely better than imprisoning an innocent person.” It is very important for you to know your rights if you are ever charged with a crime. You have the right to obtain legal representation and, if you are questioned, you have the right to remain silent until you have spoken with an attorney.

The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides. While not in combat: Inform the troops that a child taken in custody by government forces in an area of armed conflict should be informed of his/her constitutional rights and shall be treated humanely. Some of [these] basic rights are “the right to remain silent”, “the right to be presumed innocent until proven guilty”, “the right to be notified of the charge,” “right to counsel”, “right to presence of parents or guardian”, and the “right to confront and cross examine witnesses.”

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.