D.

8-Rights of a Person under Custodial Investigation

Section 12
(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
Note: Section 17. No person shall be compelled to be a witness against himself.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation
of victims of torture or similar practices, and their families.

RA 7438 - AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Section 2 Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers
a. Counsel is to assist any person arrested, detained, or under custodial investigation at all times.
b. Miranda Rights: The public officer, employee, or anyone acting under his order or place who arrests,
detains, or investigates any person for the commission of an offense should inform the person, in a
language he understands, of his right to:
-remain silent
-have competent and independent counsel, preferably of his choice
-the counsel will be allowed to confer with his client privately
-a competent and independent counsel will be provided to him if he cannot afford one.
c. Custodial Investigation Report:
-written by the investigating officer
-read and adequately explained to the arrested, detained, or investigated person if he does not
know how to read before he signs or marks it with his thumbprint.
-otherwise, such report shall be null and void.
Custodial Investigation (Meaning) - the practice of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Note: In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
d. Extrajudicial Confession:

-made by the person arrested, detained, or under custodial investigation

-should be in writing and signed by the person in the presence of his:
*counsel
*in the absence of counsel, upon a valid waiver
*parents, elder brothers and sisters, spouse
*municipal mayor
*municipal judge
*district school supervisor
*priest or minister of the gospel chosen by him
-otherwise this will be inadmissible evidence in any proceeding.
e. Waiver by a person arrested or detained under Art. 125 of the RPC
-in writing
-signed by the person in the presence of his counsel
-otherwise, it is null and void
f. Visitation Rights:
-visits or conferences with any member of his immediately family
-medical doctor or priest or religious minister chosen:
- by him o
-or any members of his immediate family such as his spouse, fianc or fiance, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece,
guardian or ward
-or by his counsel
-or by any national non-governmental organization duly accredited by the Commission
on Human Rights
-or by any international non-governmental organization duly accredited by the Office of
the President
.
Section 4: Penalty Clause: The provisions of this Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure
his safety and prevent his escape.
Acts Penalized:
1.

Failure to recite Miranda Rights

Penalties: P6,000 fine
Minimum of 8 years imprisonment but not more than 10 years, or both
Perpetual absolute disqualification for the investigating officer who has been
previously convicted of the same offense
Upon: Any arresting officer or employee
Any investigating officer

2.

Failure to provide competent and independent counsel

Penalties: P6,000 fine
8 years imprisonment but not more than 10 years, or both
Perpetual absolute disqualification for the investigating officer who has been
previously convicted of the same offense
Upon:

3.

Public officer or employee

Or anyone acting under the orders of the investigating officer
Or anyone acting under the investigating officers place

Obstruction of Visitation Rights

Penalties: P4,000.00 fine
Minimum of 4 years imprisonment but not more than 6 years