16 Questions
Who can visit or conference with a person under custodial investigation?
Any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel
What is a requirement for a waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code?
It must be in writing and signed in the presence of counsel
What is included in the definition of 'immediate family' as used in this Act?
Spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward
What is the consequence if a waiver is not made in writing and signed by the person in the presence of his counsel?
The waiver is null and void and of no effect
What is an 'inviting' officer liable for if they violate the law while issuing an 'invitation'?
Any violation of law
Who is not considered an assisting counsel?
All of the above
What happens if no lawyer is available to assist a person under custodial investigation?
The suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code
What is 'custodial investigation' as used in this Act?
The practice of issuing an 'invitation' to a person who is investigated in connection with an offense he is suspected to have committed
Who should inform the person arrested, detained or under custodial investigation of their rights?
Any public officer or employee, or anyone acting under his order or his place
What should the investigating officer provide to the person arrested, detained or under custodial investigation if they cannot afford a lawyer?
A competent and independent counsel
What should be done to the custodial investigation report before it is signed or thumbmarked?
It should be read and adequately explained to the person arrested by their counsel or the assisting counsel provided by the investigating officer
Who should be present when an extrajudicial confession is made?
Any of the parents, elder brothers and sisters, the spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel chosen by the accused
What should an extrajudicial confession be?
Written and signed by the person in the presence of their counsel
What is the effect of not reading and adequately explaining the custodial investigation report to the person arrested?
The report is null and void and of no effect whatsoever
Who should assist the person arrested, detained or under custodial investigation at all times?
Counsel
What is the purpose of informing the person arrested of their rights?
To protect them from abuse and ensure they are treated fairly
Study Notes
Rights of Persons Arrested, Detained, or Under Custodial Investigation
- A person arrested, detained, or under custodial investigation has the right to be assisted by counsel at all times.
- The person must be informed of their rights to remain silent and to have competent and independent counsel, preferably of their own choice.
- The person has the right to have a private conference with their counsel.
- If the person cannot afford a counsel, they will be provided with a competent and independent counsel by the investigating officer.
Custodial Investigation Report
- The custodial investigation report must be reduced to writing by the investigating officer.
- The report must be read and adequately explained to the person arrested or detained in a language they understand, by their counsel or the assisting counsel provided by the investigating officer.
- The report must be signed or thumbmarked by the person arrested or detained, otherwise, it is null and void.
Extrajudicial Confession
- An extrajudicial confession must be in writing and signed by the person arrested, detained, or under custodial investigation in the presence of their counsel.
- If the counsel is not present, a valid waiver must be made, and the confession must be signed in the presence of a chosen witness.
Waiver and Visitation Rights
- Any waiver made by a person arrested or detained must be in writing and signed by them in the presence of their counsel, otherwise, it is null and void.
- A person arrested or detained has the right to visits by or conferences with their immediate family, medical doctor, priest or religious minister, or any accredited national or international non-governmental organization.
Assisting Counsel
- Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation, or those charged with the prosecution of crimes.
- In the absence of a lawyer, no custodial investigation shall be conducted, and the suspected person can only be detained by the investigating officer according to the provisions of Article 125 of the Revised Penal Code.
- The term "custodial investigation" includes the practice of issuing an "invitation" to a person suspected of an offense, without prejudice to the liability of the "inviting" officer for any violation of law.
This quiz covers the rights of persons arrested, detained, or under custodial investigation, and the duties of public officers in informing them of their rights.
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