AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED

Case Overview and Summary

Summary of Republic Act No. 7438

Rights 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)