Republic Act No.

7438
ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED
April 27, 1992

A. Scope/Coverage

(a) Rights of the person arrested detained or under custodial investigation

(b) Duties of th public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense.

B. Rights being Protected/Privileges

(a) Person arrested shall at all times be assisted by counsel.

(b) Public officer shall

inform the person arrested of his rights to remain silent;
and to have competent and independent counsel.
The person arrested must be provided with a competent and independent counsel if such person
cannot afford the services of his own counsel.

(c) The custodial investigation report shall be reduced to writing.

(d) Any extrajudicial confession shall be in writing and signed by such person in the presence of his
counsel.

(e) Any waiver by a person arrested of the delay in the delivery of detained persons to the proper judicial
authorities shall be in writing and signed by such person in the presence of his counsel;

Otherwise the investigation report, extrajudicial confession and waiver shall be null and void and of
no effect, inadmissible as evidence in any proceeding.

(f) Any person arrested shall be allowed visits by any member of his immediate family, or by his counsel,
medical doctor, priest, religious minister or by any national NGO duly accredited by the Commission on
Human Rights.

C. Acts Punishable

(a) Failure to inform any person arrested of his right to remain silent and to have competent and
independent counsel and to provide competent and independent counsel if person arrested cannot
afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer or any member of the immediate family
of a person arrested from visiting and conferring privately with him



D. Penalties

(a) Failure to inform the person arrested

Fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years
but not more than ten (10) years, or both.
Perpetual absolute disqualification

(b) Obstruction, prevention or prohibition from visiting the person arrested

shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years,
and a fine of four thousand pesos (P4,000.00).


E. Persons who can Initiate Filing of Complaints

(a) Person arrested detained or under custodial investigation
(b) Assisting Counsel
(c) Immediate family