Rights of Persons under Custodial Investigation

Question 1

[FIB]

Sec. 12, Art. III.

Any person under ________ for the commission of an offense shall have the _____________ of his ________________ and to have _________________ counsel preferably of his own ________. If the person cannot afford the services of counsel, he must be ________ with one. These rights cannot be _______ except in ______ and in the presence of ________.

Answer 1

investigation;
right to be informed;
right to remain silent;
competent and independent;
choice;
provided;
waived;
writing;
counsel

Sec. 12, Art. III.

Any person under ________ for the commission of an offense shall have the _____________ of his ________________ and to have _________________ counsel preferably of his own ________. If the person cannot afford the services of counsel, he must be ________ with one. These rights cannot be _______ except in ______ and in the presence of ________.

Question 2

[FIB]

Sec. 12, Art. III.

2. No __________________________, or any other means which vitiate the free will shall be used against him. _______________________, or other similar forms of detention are
   prohibited.

Answer 2

torture, force, violence, threat, intimidation;

Secret detention places, solitary, incommunicado

Sec. 12, Art. III.

2. No __________________________, or any other means which vitiate the free will shall be used against him. _______________________, or other similar forms of detention are
   prohibited.

Question 3

[FIB]

Sec. 12, Art. III.

3. Any _________ or __________ obtained in violation of this or Section 17 hereof shall be __________ in evidence against him.

Answer 3

confession;
admission;
inadmissible;

Sec. 12, Art. III.

3. Any _________ or __________ obtained in violation of this or Section 17 hereof shall be __________ in evidence against him.

Question 4

[FIB]

Sec. 12, Art. III.

4. The ___ shall provide for penal and civil ________ for violations of this section as well as ___________ to the rehabilitation of _______ of torture or similar practices, and their _______.

Answer 4

law;
sanctions;
compensation;
victims;
families

Sec. 12, Art. III.

4. The ___ shall provide for penal and civil ________ for violations of this section as well as ___________ to the rehabilitation of _______ of torture or similar practices, and their _______.

Question 5

What provision in the Constitution provides the Miranda Warning?

Answer 5

Article III, Section 12

Sec. 12, Art. III.

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.
4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

Question 6

What is the requirement in the Miranda warning?

Answer 6

The person under custodial investigation must be informed that:

1. He has a right to remain silent and that any statement he makes may be used as evidence against him;
2. That he has a right to have competent and independent counsel of his choice
3. That he has a right to be informed of the first two rights.

Question 7

What does infractions of MIranda rights render inadmissible?

Answer 7

It has already been held that “the infractions of the so-called Miranda rights render inadmissible only the extrajudicial confession or admission made during custodial investigation.”

[People v. Bio, G.R. No.195850 (2015)].

Question 8

What law provides for the rights of persons under custodial investigation?

Answer 8

RA 7438: Rights of Persons Under Custodial Investigation

Question 9

Sec 1, RA 7438

Sec. 1. Statement of Policy. - It is the policy of the State to value the ______________ and guarantee full respect for ___________.

Answer 9

dignity of every human being;

human rights;

Sec. 1. Statement of Policy. - It is the policy of the State to value the ______________ and guarantee full respect for ___________.

Question 10

RA 7438

Sec. 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. – (b) Any public officer or employee, or anyone acting under his order or his place, who ___________________ any person for the commission of an offense: shall _____________, in a language ________ to and ________ by him, of his rights to ____________ and to have ___________________, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the __________________.

Answer 10

arrests, detains or investigates;

inform the latter;

known;

understood;

remain silent;

competent and independent counsel;

investigating officer;

Question 11

When does the rights of person under custodial investigation apply?

Answer 11

a. When the person is already under custodial investigation.

b. During “critical pre-trial stages” in the criminal process

Question 12

What is included in a custodial investigation?

Answer 12

• Involves any questioning initiated by law enforcement.
• When the investigation is no longer a general inquiry unto an unsolved crime but has begun to focus on a particular suspect, as when the suspect has been taken into police custody and the police carries out a process of interrogation that lends itself to eliciting incriminating statements [People v. Mara, G.R. No. 108494 (1994)].
• Includes issuing an invitation to a person under investigation in connection with an offense he is suspected to have committed [Sec. 2, RA 7438].

Question 13

What are the requirements for the custodial investigation report?

Answer 13

a. Reduced to writing by the investigating officer.
b. It shall be read and adequately explained to person arrested or detained by counsel or assisting counsel in a language or dialect known to him.

Question 14

What is the effect of non-compliance of the requirement that the custodial investigation report be read and explained to the person detained?

Answer 14

Non-compliance with second requirement will render the report null and void and of no effect whatsoever

[Sec. 2c, RA 7438].

Question 15

What is the Critical Pre-Trial Stage?

Answer 15

Any critical confrontation by the prosecution at pretrial proceedings where the results might well determine his fate and where the absence of counsel might derogate from his right to a fair trial

[U.S. v. Wade, 388 U.S. 218 (1967)].

Question 16

Is there a right to counsel in out-of-court identification?

Answer 16

General rule: No right to counsel

Out-of-court identification like a “show-up” (accused is brought face to face with the witness for identification), or “police line-up” (suspect is identified by witness from a group of persons gathered for that purpose).

Question 17

What is the exception to the rule that there is no right to counse in out-of-court identification?

Answer 17

There is a right to counsel if the out-of-court identification is accusatory.

• When petitioner was identified by the complainant at the police line-up, he had not been held yet to answer for a criminal offense. The police line-up is not a part of the custodial inquest, hence, he was not yet entitled to counsel.
• Thus, it was held that when the process had not yet shifted from the investigatory to the accusatory as when police investigation does not elicit a confession the accused may not yet avail of the services of his lawyer [Escobedo v. Illinois, 378 U.S. 478 (1964)].
• However, given the clear constitutional intent in the 1987 Constitution, the moment there is a move or even an urge of said investigators to elicit admissions or confessions or even plain information which may appear innocent or innocuous at the time, from said suspect, he should then and there be assisted by counsel, unless he waives the right, but the waiver shall be made in writing and in the presence of counsel [Gamboa v. Cruz, supra].

Question 18

Is a police line- up part of the custodial inquest?

Answer 18

NO.

- so not yet entitled to counsel

Question 19

The warning of the right to remain silent must be accompanied by what?

Answer 19

The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court.

Question 20

[Iden}

This warning is needed in order to make him aware not only of the privilege to remain silent, but also of the consequences of forgoing it.

Answer 20

Warning of the right to remain silent

Question 21

What are the requisites of the right to custodial investigation?

Answer 21

a. right to remain silent
b. right to counsel
c. rights to visitation and conference

Question 22

When is there on independent counsel?

Answer 22

special counsel, prosecutor, counsel of the police or a municipal attorney whose interest is adverse to that of the accused [People v. Fabro, G.R. No. 95089 (1997)],

mayor [People v. Taliman, G.R. No. 109143],

barangay captain [People v. Tomaquin, G.R. No. 133188 (2004)].

Question 23

Can a lawyer applying fowr work in the NBI be considered independent?

Answer 23

A lawyer who was applying for work in the NBI cannot be considered independent because he cannot be expected to work against the interest of a police agency he was hoping to join, as a few months later, he in fact was admitted into its work force

[People v. Januario, G.R. No. 98552 (1997)].

Question 24

When is there no competent counsel?

Answer 24

lawyer signing only as witness [People v. Ordoño, G.R. No. 132154],

mayor of town where accused is detained [People v. Velarde, G.R. No. 139333 (2002)].

Question 25

Does failure to ask for a lawyer constitute a waiver?

Answer 25

NO.

Question 26

Who are allowed visitation to a person arrested or detained or under custodial investigation?

Answer 26

- any member of his immediate family - any medical doctor - priest or religious minister, chosen by him or by any member of his immediate family or by his counsel - any national non-government organization duly accredit by the Commission on Human Rights - any internationan non-governmental organization duly accredited by the Office of the President

Question 27

Who is considered member of a person's immediate family, re visitation rights of person arrested or detained?

Answer 27

- spouse - fiance - parent or child - brother or sister - grandparent or grandchild - uncle or aunt - nephew or niece - guardian or ward

Question 28

What is the Exclusionary Rule?

Answer 28

According to this rule, once the primary source (the tree) is shown to have been unlawfully obtained, any secondary or derivative evidence (the fruit) derived from it is also inadmissible. Stated otherwise, illegally seized evidence is obtained as a direct result of the illegal act, whereas the fruit of the poisonous tree is the indirect result of the same illegal act. The fruit of the poisonous tree is at least once removed from the illegally seized evidence, but it is equally inadmissible. The rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence because the originally illegally obtained evidence taints all evidence subsequently obtained [People v. Samontañez, G.R. No. 134530 (2000)].

Question 29

What are render unadmissible by violations or the Miranda rights?

Answer 29

Violations of the Miranda rights render inadmissible only the extrajudicial confession or admission made during the custodial investigation. The admissibility of other evidence is not affected even if obtained or taken in the course of the custodial investigation [People v. Malimit, G.R. No. 109775 (1996)].

Question 30

What are the requirements for the extrajudicial confession by a person arrested, detained or under custodial investigation?

Answer 30

1. Shall be in writing and 2. signed in the presence of his counsel or in the latter’s absence: a. upon a valid waiver and ``` b. in the presence of any of the following: • any of the parents • older brother and sisters • spouse • municipal mayor • municipal judge • district school supervisor • priest or minister of the gospel as chosen by him ``` Otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. [Sec. 2d, R.A. 7438]

Question 31

What are the effects of the absence of a valid waiver of counsel during extrajudicial confession?

Answer 31

In the absence of a valid waiver, any confession obtained from the appellant during the police custodial investigation relative to the crime, including any other evidence secured by virtue of the said confession is inadmissible in evidence even if the same was not objected to during the trial by the counsel of the appellant [People v. Samontañez, supra].

Question 32

Are statements spontaneously made by suspect to news reporters on a televised interview admissible in evidence?

Answer 32

YES ------------------------------------- It is already settled that statements spontaneously made by a suspect to news reporters on a televised interview are deemed voluntary and are admissible in evidence. In this case, there was no ample proof to show that appellant Berry's narration of events to ABS-CBN reporter Dindo Amparo was the product of intimidation or coercion, thus making the same admissible in evidence. Berry's confession is admissible in evidence because it was-voluntarily made to a news reporter and not to the police authority or to an investigating officer. Amparo testified that he requested Berry for an interview in connection with his confession, and that the latter freely acceded. Hence, Berry's confession to Amparo, a news reporter, was made freely and voluntarily and is admissible in evidence.

Question 33

What is the general rule re. an extrajudicial confession's admissability in evidence against a co-accused?

Answer 33

The general rule is that an extra-judicial confession is binding only on the confessant and is inadmissible in evidence against his co-accused since it is considered hearsay against them.[22]

Question 34

As an exeption, when is an extrajudicial admissable in evidence against a co-accused?

Answer 34

Court has held that an extra-judicial confession is admissible against a co-accused when it is used as circumstantial evidence to show the probability of participation of said co-accused in the crime [People v. Constancio, G.R. No. 206226 (2016)].

Question 35

What rights can be waived?

Answer 35

The right to remain silent and the right to counsel.

Question 36

What right cannot be waived?

Answer 36

The right to be given the Miranda warnings.

Question 37

What are the requirements for a waiver to be valid?

Answer 37

a. Must be in writing | b. Made in the presence of counsel

Question 38

What is the presumtion on waivers (remain silent/counsel)?

Answer 38

The presumption is against the waiver.

Question 39

To whom does the burden of proof lie re. waivers?

Answer 39

The burden of proof lies with the prosecution.

Question 40

What must the prosecution prove to prove the validity of the waiver?

Answer 40

Prosecution must prove with strongly convincing evidence to the satisfaction of the Court that indeed the accused: a. Willingly and voluntarily submitted his confession and b. Knowingly and deliberately manifested that he was not interested in having a lawyer assist him during the taking of that confession