SEC 12

Question 1

WHAT IS CUSTODIAL INVESTIGATION
OR IN-CUSTODY INTERROGATION?

Answer 1

It is the questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of action in any significant way (People v. Judge Ayson )

Question 2

2 ALTERNATIVE ACTS IN ORDER TO PLACE A PERSON UNDER CUSTODIAL INVESTIGATION

Answer 2

1. Person is taken into custody; OR
2. Deprived of his freedom of action
   in some significant way

Question 3

WHEN DOES CUSTODIAL
INVESTIGATION BEGIN?

Answer 3

When the investigation ceases to be a general inquiry but starts to focus on a particular person as a suspect.

Question 4

REQUISITES IN ORDER THAT
PROCEEDINGS MAY CONSIDERED AS CUSTODIAL INVESTIGATION

Answer 4

1. A person is taken into custody OR
   otherwise deprived of his freedom
   of movement;
2. The one who takes him into
   custody or deprives him of his
   freedom of movement is a law
   enforcement officer;
3. The law enforcement officer starts
   to ask questions; and
4. The question is specific as to the
   offense which is the subject of the
   investigation

Question 5

WHAT IS THE REASON WHY SEC. 12 GUARANTEES THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION?

Answer 5

The objective of the rights under Sec.12 Art. 3 is to preclude or prohibit incommunicado
interrogation of individuals in a police dominated atmosphere where potentiality for compulsion,
physical or psychological, is
apparent. ( People v. Andan )

Question 6

WHAT ARE THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION?

Answer 6

1. Continuing right to remain silent and to have counsel preferably of his own choice;
2. Right to be informed of those rights;
3. Right not to be subjected to torture, force, violence, threat, intimidation or other means which vitiate his free will or illegal forms of detention; and
4. Right to have evidence obtained in violation of his rights be excluded in evidence (People v. Judge Ayson )

Question 7

CAN THE ACCUSED WAIVE HIS RIGHTS UNDER SEC. 12?

Answer 7

Not all. Only the right to remain silent and to have counsel can be waived but such waiver must be in writing and in the presence of a counsel. Other rights are mandatory.

Question 8

UNDER THE LAW WHO MAY BE APPOINTED AS ASSISTING COUNSEL?

Answer 8

Any lawyer except those who are interested in the outcome of the case. For example if the complainant is a lawyer he cannot be appointed as an assisting counsel during the investigation

Question 9

MAY A PUBLIC PROSECUTOR BE
APPOINTED AS AN ASSISTING COUNSEL?

Answer 9

No. because he is a lawyer who is charge with the obligation of the conduct of preliminary investigation and prosecution of offenses

Question 10

WHO MAY CONDUCT CUSTODIAL INVESTIGATION?

Answer 10

Only law enforcement officers

Question 11

WHO IS A LAW ENFORCEMENT OFFICER?

Answer 11

One who is charged with the duty to arrest criminals and the duty to investigate violations of criminal laws

PNP, NBI, agents of the Bureau of Immigation (H o Wai Pang v. People) , mayors (People v. Andan) are included

Question 12

MAY A PRIVATE INDIVIDUAL BE CONSIDERED AS A LAW ENFORCEMENT OFFICER?

Answer 12

Yes. In People v. Andan, remember that media covered the confession. Even after that confession the reporters continued to interview the accused, and the accused
consistently admitted his guilt. The SC said that the reporters are not law enforcement officers because they do not have a duty to investigate and order the
detention. More importantly, the SC said that there is no indication they have acted under the control or supervision of a law enforcement officer. It implies that
even a private person can be a law enforcement officer if that private person acted under the direction

Question 13

HOW ABOUT AUDITORS OF THE COMMISSION ON AUDIT ARE THEY LAW ENFORCEMENT OFFICERS?

Answer 13

No. The function of the COA auditors is to determine the
proper use of public funds. Although incidentally they may find violations of laws but the main objective of COA auditors is to determine proper use of funds.
( Navallo v. Sandiganbayan )

Question 14

ARE POLICE LINE-UP PROCEDURES PART OF THE CUSTODIAL INVESTIGATION?

Answer 14

Uncounselled identification is not yet part of the custodial
investigation. This is still a general inquiry. The process has not yet turned into accusatory. More importantly, the police officers did not ask anything from the accused.
Who was interviewed there was the victim. ( Gamboa v. Cruz )

Question 15

WHAT IS THE EFFECT OF THE VIOLATION OF THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION? STATED DIFFERENTLY, IF THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION WERE VIOLATED IS HE ENTITLED TO AN ACQUITTAL? BECAUSE IF HIS RIGHTS WERE VIOLATED THEN THE EXTRAJUDICIAL CONFESSION SHALL BE IN INADMISSIBLE IN EVIDENCE. IS HE AUTOMATICALLY ENTITLED TO AN ACQUITTAL?

Answer 15

No. The accused may still be convicted if there is an
independent evidence which is sufficient to establish the guilt of the accused beyond reasonable doubt. ( Ho Wai Pang v. People )

Question 16

CONFESSION IN CUSTODIAL INVESTIGATION INCLUDES?

Answer 16

1. Verbal communications;
2. Acts; and
3. Signature

Question 17

IN PEOPLE v. DY, IT WAS RAISED WHETHER THE CONFESSION OF THE ACCUSED ADMISSIBLE IN EVIDENCE
OF IS ALREADY PART OF CUSTODIAL INVESTIGATION

Answer 17

The SC said that the confession is admissible in evidence because the statement of the accused is part of the res gestae. In that regard, the statement of the police officer
saying that the accused told him that he shot a tourist and the gun is still in the restaurant is admissible in evidence and an exception to the hearsay rule.