AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED
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AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED
Republic Act No. 7438
April 27, 1992
Case Overview and Summary
Summary of Republic Act No. 7438Rights of Persons Arrested, Detained or Under Custodial Investigation
- Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel. (Section 2a)
- They must be informed of their right to remain silent and have competent and independent counsel, preferably of their own choice. (Section 2b)
- If they cannot afford counsel, they must be provided with one by the investigating officer. (Section 2b)
- The custodial investigation report must be read and explained to them in a language they understand, by their counsel or the provided counsel, before signing. Otherwise, it is null and void. (Section 2c)
- Any extrajudicial confession must be in writing, signed in the presence of their counsel or, in the latter's absence, upon a valid waiver, and in the presence of specific persons chosen by them. Otherwise, it is inadmissible as evidence. (Section 2d)
- Any waiver must be in writing and signed in the presence of their counsel. Otherwise, it is null and void. (Section 2e)
- They shall be allowed visits by or conferences with immediate family members, medical doctors, priests or ministers, and accredited NGOs. (Section 2f)
Assisting Counsel
- Assisting counsel is any lawyer except those directly affected by the case, conducting preliminary investigation, or prosecuting crimes. (Section 3)
- Assisting counsel fees: ₱150 for light felonies, ₱250 for less grave or grave felonies, ₱350 for capital offenses, paid by the city/municipality or province. (Section 3)
- No custodial investigation shall be conducted in the absence of a lawyer. (Section 3)
Penalties
- Failure to inform rights or provide counsel: ₱6,000 fine or 8-10 years imprisonment, or both, plus perpetual disqualification for repeat offenders. (Section 4a)
- Obstructing visits/conferences with counsel, family, doctors, or ministers: 4-6 years imprisonment and ₱4,000 fine, except for reasonable security measures. (Section 4b)
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Law
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED
Republic Act No. 7438
•April 27, 1992
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 7438             April 27, 1992
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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of...
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