Rights of Arrested Persons and Duties of Public Officers

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Questions and Answers

Who can visit or conference with a person under custodial investigation?

Any lawyer or judge

Only a police officer or a prosecutor

Any person who has a complaint against the detained person

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 (correct)

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 done in the presence of a family member

It must be verbal and witnessed by a medical doctor

It must be in writing and signed in the presence of counsel (correct)

It must be videotaped and recorded

What is included in the definition of 'immediate family' as used in this Act?

Only parents and siblings

Spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward (correct)

Only spouse and child

Only spouse and siblings

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 Signup and view all the answers

What is an 'inviting' officer liable for if they violate the law while issuing an 'invitation'?

Any violation of law Signup and view all the answers

Who is not considered an assisting counsel?

All of the above Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What should an extrajudicial confession be?

Written and signed by the person in the presence of their counsel Signup and view all the answers

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 Signup and view all the answers

Who should assist the person arrested, detained or under custodial investigation at all times?

Counsel Signup and view all the answers

What is the purpose of informing the person arrested of their rights?

To protect them from abuse and ensure they are treated fairly Signup and view all the answers

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.

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Description

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.